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Download press release here.
Excerpt:
The principal co-chairs of the ICWA Interagency Workgroup are the DOI Assistant Secretary – Indian Affairs, the HHS Assistant Secretary for the Administration for Children and Families; and the DOJ Assistant Attorney General for the Environment and Natural Resources Division. Each agency will designate a senior staff member to serve as a staff co-chair of the Workgroup.
The Workgroup will meet monthly at a staff level, with principal-level meetings at least twice a year, and will identify priorities, goals and tasks, as well as establish committees to carry out its work. It also will seek input from and conduct outreach to federally recognized tribes and other stakeholders via existing federal tribal advisory groups, stakeholder groups, tribal consultations, listening sessions, and public meetings.
Opinion here.
The Seneca Nation of Indians administers its own healthcare system through a self-determination contract with the Indian Health Service under the Indian Self-Determination and Education Assistance Act. The Nation submitted a contract amendment to the Indian Health Service to adjust the number of persons to be serviced under the contract and, as a result, to increase the funding provided to the Nation for fiscal years 2010 and 2011. IHS did not respond to the proposal within the 90 days as required by statute, and the Nation contends that its proposed amendment automatically became part of its contract with IHS upon the lack of a timely response. The Secretary of the Department of Health and Human Services, of which IHS is a constituent part, disagrees. The parties have briefed cross-motions for summary judgment, and the matter is ripe for decision. For the reasons set forth below, the Nation’s motion for summary judgment will be granted.
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The Nation’s argument is forceful in its simplicity, in its support in the undisputed evidence, and in its grounding in the unambiguous terms of the Contract, the statute, and the regulations. “In the April 29 Proposal Letter, the Nation proposed in plain terms to amend the Nation’s FY 2010 Agreement to increase funding by $3,774,392, plus interest . . . [and i]n the same letter, the Nation . . . proposed an identical amendment to the Nation’s FY 2011 Agreement.” Pl. MSJ 9–10. “The IHS Nashville Office received the April 29 Proposal Letter . . . on May 2, 2011 . . . [but t]he ninety (90) day period expired before August 3, 2011, without any response during that time by the Secretary or any other officer of the Department to the Nation’s proposed amendments other than a May 4, 2011 e-mail acknowledging that ‘[w]e are in receipt of your [April 29 Proposal Letter] and have made assignments to provide you with a response as soon as possible.’” Id. at 10 (quoting E-mail Chain at 6). According to the Nation, its proposals thus automatically became part of the Contract under 25 U.S.C. § 450f(a)(2) and 25 C.F.R. § 900.18
From the Seattle Times here.
Here, via Pechanga. The settlement documents are here.
An excerpt:
SIOUX FALLS — The U.S. government has settled three lawsuits against the Oglala Sioux Tribe that had sought to recover more than $800,000 in federal grant money.
A federal judge dismissed the lawsuits Tuesday as long as the tribe makes changes to its accounting practices.
According to the settlement, the government will forgo the $808,917 principal amount if the tribe has its accounting system certified by a licensed accountant, keeps a separate fund for each federal grant or contract and abides by other audit procedures.
The lawsuits said the tribe received millions of dollars from the Department of Health and Human Services in three grants. The government said audits found instances of noncompliance with terms of the grants, but the tribe had not appealed the audit results or returned the disputed money portions.
Here is that agreement:
Turtle Talk 