Shoshone-Bannock Tribes of the Fort Hall Reservation v. Secretary, Department of Health & Human Services

Good Law
2001 Daily Journal DAR 11033·269 F.3d 948·2000 WL 33582652·2001 Cal. Daily Op. Serv. 8868·2001 U.S. App. LEXIS 22383
United States Court of Appeals for the Ninth CircuitOctober 16, 2001Nos. 98-36022, 99-35951California3,071 words

Opinion

Lead Opinion

Kleinfeld, J.

This case construes an appropriation made under the Indian Self-Determination and Education Assistance Act. We hold that the agency’s interpretation of the congressional appropriation of funds was consistent with congressional intent and reverse the district court’s award of additional funding for contract support costs.

Facts

Under the Indian Self-Determination and Education Assistance Act, 1 Indian tribes are encouraged to take over administration of various programs that the federal government used to administer for their benefit. On the Fort Hall Reservation in Idaho, the Shoshone-Bannock Tribes took over administration of various health programs from the Indian Health Service, which had previously funded community health care programs.

Under the Indian Self-Determination and Education Assistance Act, the tribes may take over not only the direct operations of the programs, but also “administrative functions of the [agency] that support the delivery of services to [the] Indians.” 2 The statute provides that along with the programs, the tribes get the money that the government would otherwise have used to administer and perform the services. 3 The government is not allowed to…

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