Eva Wilson, and Association of Village Council Presidents v. James G. Watt, Secretary of the Interior

Alaska Native tribal organizations and class plaintiffs appeal the district court’s denial of a preliminary injunction against the termination by Bureau of Indian Affairs of the Snyder Act general assistance program in Alaska on two weeks notice. The Alaska Natives contend the district court’s assessment of the merits was based on erroneous legal and factual conclusions. We agree and reverse.

BACKGROUND

The Snyder Act of 1921, 25 U.S.C. § 13 (1976), authorizes the Bureau of Indian Affairs (“BIA”), under the supervision of the Secretary of the Interior, to expend monies appropriated by Congress for the benefit, care and assistance of Indians throughout the United States for stated purposes, including general support, education and relief of distress. See Morton v. Ruiz, 415 U.S. 199, 205-06 , 94 S.Ct. 1055, 1059-60 , 39 L.Ed.2d 270 (1974). The BIA regulations implementing the Snyder Act provide for the federal general assistance program at issue in this case. 25 C.F.R. § 20.21 (1982). The general assistance program is available to needy Indians, 25 C.F.R. §§ 20.1 (s), 20.20 (1982), who are ineligible for other federal assistance and who reside in states where comparable general…