Federal Court Rejects Alturas Effort to Force US to Pay Contract Support Costs

Here are the materials in Alturas Indian Rancheria v. Salazar (E.D. Cal.):

129 Alturas Motion for Contempt

137 US Opposition

139 Alturas Reply

140 US Supplemental Brief

142 DCT Order Denying Motion

An excerpt:

This is a proceeding brought by plaintiff Indian tribe to determine whether the government is in contempt of the court’s January 13, 2012 order in this case (ECF No 126). Plaintiff asserts that the following portion of the court’s order required the government to pay “contract support costs” associated with the “self-determination” contracts it entered into with plaintiff:

The BIA has approved the Tribe’s selfdetermination contract requests for the fiscal years 2009, 2010, 2011, and 2012, and shall transfer the amounts provided in those requests to the Tribe’s bank account … in accordance with the terms contained in the contract award documents.

Order of January 13, 2012, ECF No. 126 ¶ 2 (“Settlement Agreement and Stipulation for Entry of Judgment and Order”).

For the reasons that follow, plaintiff’s request to enforce the judgment or for a contempt order will be denied.

Our prior post on this case includes materials on the court’s original denial of the government’s motion to dismiss.

Federal Court Denies Interior’s Motion to Dismiss in Alturas Rancheria Demand for a 638 Contract

Apparently, Interior is unwilling to issue a 638 contract due to an ongoing tribal government dispute between factions, neither of whom might actually have control. Here are the materials in Alturas Indian Rancheria v. Salazar (E.D. Cal.):

DCT Order Denying DOI Motion to Dismiss

DOI Motion to Dismiss

Alturas Opposition

DOI Reply to Alturas