Paul Ryan on the Impacts of a Federal Government Shutdown on Indian Affairs

Here:

How would a potential shutdown affect Indian Affairs? How would affect services on Reservations?
According to staff at the House Committee on Natural Resources, the Bureau of Indian Affairs (BIA) manages or supervises many of the day-to-day affairs of Indian Reservations, particularly the large land-based tribes west of the Mississippi. They are under the assumption that if money were cut off to the BIA they expect “critical” services relating to law enforcement (i.e., BIA police), Indian Health Services relating to life and limb, resource protection will continue. But other operations, such as reviewing and approving a lease of Indian or tribal land to building a house, to sending a check to an Indian, to providing day care, running some dams and irrigation projects, drilling oil and gas, running Indian school operations would shut down. Non-essential personnel, such as a receptionist in a health clinic, might be furloughed. They are under the impression that essential personnel (i.e. doctors, etc) must work. Also, under a certain law, many tribes throughout the U.S. effectively bypass the BIA and receive appropriated money directly – they then provide services through tribal structures rather than through the BIA bureaucracy. Unless the tribes have amassed some reserves, their funding would cease. While well over a hundred tribes operate casinos, not all provide large profits. Most of them receive federal dollars.

Keweenaw Bay Indian Community v. Sebelius — Contract Support Costs Complaint against Indian Health Service

Here is the amended complaint:

KBIC v Sebelius Amended Complaint

 

IHS Changes Venue in Wrongful Death Suit from Western Division to Northern Division of District of South Dakota

Here are the materials in Archambault v. United States (D. S.D.):

Archambault Redacted Complaint

DCT Order Granting US Motion to Change Venue

News Coverage of Indian Health Service Continued Recalcitrance to Pay Contract Support Costs to Alaska Natives

Here.

One quick note: the Begich letter is addressed to all CSC claims, not just Alaska tribal claims.

Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply

Seneca Nation Sues Feds over IHS Self-Determination Funding

Here is the complaint in Seneca Nation of Indians v. HHS (D. D.C.):

Seneca v HHS Complaint

NYTs: IHS Rescinds Punishment of Psychologist over Reporting of Spirit Lake Child Abuse Concerns

Here.

Colville Suit against IHS over Declination of Emergency Medical Services Self-Governance Compact Increase

Here is the complaint in Confederated Colville Tribes v. Sebelius (D. Or.):

Colville Complaint

Menominee CSC Claims against IHS Fail on Remand from the D.C. Circuit

Here are the materials in Menominee Tribe v. United States (D. D.C.):

DCT Order Dismissing Menominee Claims

IHS Motion to Dismiss

Menominee Motion for Summary J

The D.C. Circuit materials are here. I guess we can expect a return trip.

Chappabitty v. IHS Complaint and Press Release

Here:

FTCA Complaint

Order.Motion for Relief

Press Release 12.8.11

An excerpt from the press release:

On December 7, 2011, Edwin Chappabitty, Jr., MD, Lawton, Oklahoma, filed a Federal Tort Claims Act lawsuit for monetary damages in the United States Court for the Western District of Oklahoma alleging that officials of the United States Department of Health and Human, Indian Health Service, negligently failed to follow federal laws and regulations governing the conduct of investigations into alleged professional misconduct by physicians employed by the Indian Health Service. Dr. Chappabitty never expected to be accused of leveling racist statements to his patients on May 1, 2008 just four months from the end of his thirty year career in the federal service.

Chappabitty, Comanche/Ft. Sill Apache, retired from the IHS in August 2008 as a naval captain, having come to the service as an officer in the U.S. Public Health Service Commissioned Corps, a uniformed, non-military government agency under the purview of the U.S. Department of Health and Human Services.