First Circuit Rejects Narragansett Tribe’s Claims against Rhode Island DOT

Here is the opinion in Narragansett Indian Tribe v. Rhode Island Dept. of Transportation.






Lower court materials here.

Narragansett Effort to Stop Providence Bridge Project Fails

Here are the materials in Narragansett Indian Tribe v. Rhode Island Department of Transportation (D.R.I.):

18-1 Federal Motion to Dismiss

19-1 State Motion to Dismiss

23-1 Tribe Response

26-1 State Reply

27-1 Federal Reply

28 DCT Order

FHWA Request for Comments and Nominations for Negotiated Rulemaking Committee

Download notice from the Federal Register here.

The Federal Highway Administration is announcing its intent to establish a negotiated rulemaking committee to develop a proposed rule to carry the Tribal Transportation Self-Governance Program (TTSGP) as required by Section 1121 of the Fixing America’s Surface Transportation (FAST) Act. The FHWA will select the tribal representatives for the committee from among elected officials of tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities and whose tribes have existing Title 23 U.S.C. funding agreements with the Department. To the maximum extent possible, FHWA will consider geographical location, size, and existing transportation and selfgovernance experience, in selecting tribal committee representatives. Per the FAST Act, the committee will assist in the development of a Notice of Proposed Rulemaking that contains the proposed regulations needed to implement the TTSGP.

Federal Circuit Affirms Council for Tribal Employment Rights v. United States Without Opinion

Here is the order.

Briefs and lower court materials here.

Federal Circuit Briefs in Council for Tribal Employment Rights v. United States


CTER Brief

US Brief

CTER Reply Brief

Lower court materials here.

Spirit Lake Employee Group’s Contract Claims against Feds Dismissed

Here are the materials in Council for Tribal Employment Rights v. United States (Fed. Cl.):

1-Council for Tribal Employment Rights Complaint

25-US Motion to Dismiss

46-Council Response

48-Council Motion for Partial Summary J

49-US Reply

53-US Opposition

DCT Order Dismissing Complaint

An excerpt:

Council for Tribal Employment Rights (“Council”), a national intertribal nonprofit organization which represents the employment interests of certain Indian tribes, seeks $500,000 in damages for the alleged breach of two agreements which involved the Council, the Office of Indian Energy and Economic Development (“the Office”), a component of the Bureau of Indian Affairs (“the Bureau”), U.S. Department of the Interior, and the Spirit Lake Tribe (“Spirit Lake” or “the Tribe”), a federally recognized Indian tribe. Both agreements were executed as amendments to an existing contract between the Office and Spirit Lake. The first, Amendment 2, involved the provision of funds to support a Native Construction Careers Initiative (“NCCI”) commercial construction training program, and called upon the Council to conduct the training program. The second, Amendment 6, allocated funds to support training projects approved by the Federal Highway  Administration (“FHWA”). The statement of work for that Amendment referenced an FHWA training program agreement which contemplated that the Council would provide training to develop certain certification programs for road construction activities.