Federal Court Dismisses Some Claims in Flandreau Santee Sioux Contract Support Costs Case against Indian Health Service

Here are the materials so far in Flandreau Santee Sioux Tribe v. United States (D.S.D.):

1 Complaint

16 US Motion to Dismiss

24 Response

28 Reply

36 DCT Order

Federal Court Dismisses N. Arapaho Claims for Contract Support Costs for Programs Funded by Third-Party Revenue

Here are the materials in Northern Arapaho Tribe v. Cochrane (D. Wyo.):

1 Complaint

19 Motion to Dismiss

20 Response

25 Reply

26 DCT Order

This case is a few weeks old, and an appeal has been filed to the Tenth Circuit.

Cross-Motions for Summary Judgment Denied in Seminole/IHS Dispute

Here are the materials in Seminole Tribe of Florida v. Azar (D.D.C.):

9 Seminole MSJ

14 US Response + Cross Motion

15 Seminole Reply

17 US Reply

20 DCT Order

Complaint here.

News Release: Roberts Announces Inclusion of Updated CSC Policy into DOI Indian Affairs Manual

Download(PDF): Press Release


Lawrence S. Roberts today issued an updated Contract Support Costs (CSC) Policy for the Indian Affairs Manual (IAM). The updated Policy reflects extensive tribal consultation and the work of the Bureau of Indian Affairs’ (BIA) CSC Workgroup, which is comprised of tribal and federal experts.

The updated Policy provides for the full payment of CSC and helps ensure that the payment of CSC is accurate, timely, and meets 100 percent of a tribe’s CSC need as calculated under the Policy. The Policy also simplifies and streamlines CSC calculation to expedite payment.

NCAI Amicus Brief in Menominee Indian Tribe v. United States


NCAI Amicus Brief

Opening merits brief here.

SCOTUS Grants Cert in Menominee Tribe v. United States

Here is the order list. From the order list:

The petition for a writ of certiorari is granted limited to the following question: Whether the D. C. Circuit misapplied this Court’s Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?

Cert stage briefs are here and here.

United States Recommends Certiorari Grant in Menominee Tribe v. United States

Here is the government’s brief:

US cert response brief

An excerpt:

The court of appeals correctly held that neither the Tribe’s erroneous prediction of the outcome of litigation, nor its expectation that the government would deny its administrative claims, warrants equitable tolling of the CDA’s six-year limitations period. That decision, however, squarely conflicts with the Federal Circuit’s decision in Arctic Slope Native Ass’n v. Sebelius, 699 F .3d 1289 (2012), which found tolling appropriate on materially similar facts. In the government’s view, certiorari is warranted.

Cert petition is here.

Lower court materials here.