Demontiney

This case arises from a contract dispute among an Indian tribal member, the tribe, and a federal agency over a construction project on tribal land. The issues before us are jurisdictional. Appellant, Chippewa Cree tribal member John Demontiney (“Demontiney”), doing business as Earth-walker Engineering, entered into a subcontract with Appellee, the Chippewa Cree Tribe of Rocky Boy’s Reservation (the “Tribe”), for engineering sendees to remodel the Bonneau Dam located on tribal land in Montana. Demontiney sued the Tribe and Appellee, the United States of America, Department of Interior, Bureau of Indian Affairs, the prime contractor for the dam project, for breach of contract. The district court granted the motions to dismiss filed by the United States and the Tribe, concluding that neither the United States nor the Tribe had waived its sovereign immunity to suit in district court and that their sovereign immunity had not been otherwise abrogated. The district court transferred the claims against the United States to the United States Court of Federal Claims (“Court of Federal Claims”).

Demontiney appeals the district court’s grant of the motions to dismiss. We have jurisdiction…