RAMAH NAVAJO CHAPTER v. SALAZAR

No. 08-2262.

644 F.3d 1054 (2011)

RAMAH NAVAJO CHAPTER; Oglala Sioux Tribe; Pueblo of Zuni, for themselves and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. Kenneth SALAZAR, Secretary of the Interior; Larry Echo Hawk, Assistant Secretary of the Interior; Mary L. Kendall, Acting Chief of Office of Inspector General, U.S. Department of the Interior; United States of America, Defendants-Appellees, and The National Congress of American Indians, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 9, 2011.


Attorney(s) appearing for the Case

Michael Paul Gross, Esq. , M.P. Gross Law Firm, P.C., C. Bryant Rogers , VanAmberg, Rogers, Yepa, Abeita & Gomez, LLP, Santa Fe, NM; and Lloyd Benton Miller , Sonosky, Chambers, Sachse, Miller & Munson, Anchorage, AK, with him on the briefs, for Plaintiffs-Appellants.

John Samuel Koppel , Appellate Staff, Civil Division ( Tony West , Assistant Attorney General; Gregory J. Fouratt , U.S. Attorney; and Barbara C. Biddle , Appellate Staff, Civil Division, with him on the briefs) U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

Geoffrey D. Strommer and Stephen D. Osborne , Hobbs, Straus, Dean & Walker, LLP, Portland, OR, and John Dossett , General Counsel, National Congress of American Indians, Washington, D.C., filed an Amicus Curiae brief for National Congress of American Indians, in support of Plaintiffs-Appellants.

Before LUCERO, McKAY, and HARTZ, Circuit Judges.


LUCERO, Circuit Judge.

We are faced with an apparent contradiction. Pursuant to the Indian Self-Determination and Education Assistance Act ("ISDA"), the United States enters into self-determination contracts with Indian tribes and tribal organizations "for the planning, conduct and administration of programs or services which are otherwise provided to Indian tribes and their members pursuant to Federal law." 25 U.S.C. § 450b(j). These agreements include contract...

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