Indian Self-Determination and Education Assistance Act – Turtle Talk

ABA Webinar on the 50th Anniversary of the Indian Self Determination and Education Assistance Act

July 1, 2025Matthew L.M. Fletcher

Since 1975, or for 50 years, the Indian Self-Determination and Education Assistance Act (ISDA) has provided a unique legal framework for tribes to assume the responsibility, and associated funding, to carry out programs and services that the United States government would otherwise be obligated to provide to American Indians and Alaska Natives. Today, the tribal self-determination and self-governance policies, and other legislative initiatives designed along the lines of the Act, have proven to be some of the most successful policies that the United States has ever enacted impacting American Indians and tribal communities. These unique policies have fostered an extraordinary renaissance in tribal communities by empowering tribes to promote their tribal economies, build governmental infrastructures, provide law and order, manage tribal natural and cultural resources, meet the healthcare and educational needs of their members, and perform a myriad of other governmental functions. This webinar will include distinguished presenters that have been deeply involved in shaping and implementing the self-determination policy in tribal communities and nationally.

Speakers:

Mary L. Smith – Immediate Past President, American Bar Association; Former CEO, Indian Health Service; Vice Chair, VENG Group; Chair, Caroline and Ora Smith Foundation
Deb Haaland – Former Secretary, U.S. Department of the Interior
Bobbie Greene Kilberg – Former White House Fellow, President Nixon’s Domestic Policy Council
Bryan T. Newland – Former Tribal Chairman, Bay Mills Indian Community; Former Assistant Secretary of Indian Affairs, U.S. Department of the Interior
W. Ron Allen – Chair/CEO, Jamestown S’Klallam Tribal
Natasha Singh – President and Chief Executive Officer, Alaska Tribal Native Health Consortium

Moderator:

Geoffrey D. Strommer – Partner, Hobbs, Straus, Dean & Walker LLP

If you are unable to attend the webinar live, you can view the program on our YouTube Channel immediately after the program. Once complete, we will send an email notifying all registrants when the program webpage is finalized, including both the recording and resources from the panelists.

The content of this program does not meet the requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for participating.

Split Tenth Circuit Holds I.H.S. Owes Zhoonya to Northern Arapaho Tribe

March 6, 2023March 6, 2023Matthew L.M. Fletcher

Here is the opinion in Northern Arapaho Tribe v. Beccera.

Briefs:

Tribal Amicus Brief

Federal Answer Brief

Lower court materials here.

According to DALL-E, a “hospital on top of a mountain.”

Ninth Circuit Reluctantly Rejects FTCA Claim against IHS Doctor

August 5, 2021August 5, 2021Matthew L.M. Fletcher

Here is the opinion in Sisto v. United States.

Briefs:

appellant brief.pdf Download

appellee brief.pdf Download

reply.pdf Download

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

July 30, 2021July 30, 2021Matthew L.M. Fletcher

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

19 Motion to Dismiss

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

Federal Court Holds S. Cal. Indian Health Consortium Immune from Suit

July 8, 2021Matthew L.M. Fletcher

Here are the materials in Manzano v. Southern Indian Health Council Inc. (S.D. Cal.):

5-1 Motion to Dismiss

Federal Court Dismisses Employment Action against Alaska Native Tribal Health Consortium

July 8, 2019July 8, 2019Matthew L.M. Fletcher

Here are the materials in Wilson v. Alaska Native Tribal Health Consortium (D. Alaska):

32 Motion to Disqualify Counsel

49 Second Amended Complaint

51 Motion to Dismiss

56 US Statement re 32

57 Plaintiffs’ Response to 32 and 51

67-1 Reply in Support of 32

69 Plaintiffs’ Surreply re 32

73 Plaintiffs’ Response to 51 + Motion for Discovery

78 Opposition to Motion for Discovery

79 Reply in Support of 51

81 Reply in Support of Motion for Disco

BIA Letter and MOA to Nooksack Chairman

January 26, 2018Sarah M Donnelly

Navajo Sues Interior over Judiciary Funding

March 23, 2017Matthew L.M. Fletcher

Here is the complaint in Navajo Nation v. United States (D.D.C.):

Ninth Circuit Dismisses Suit against Tribal Insurers

May 23, 2016Matthew L.M. Fletcher

Here are the materials in Allied World Assurance Company:

CA9 unpublished memorandum

Allied Answer Brief

York Answer Brief

Northern Arapaho Tribes Sues Interior to Compel 638 Tribal Court Contract

May 23, 2016Matthew L.M. Fletcher

Here is the complaint in Northern Arapaho Tribe v. United States Department of the Interior (D. Mont.):

An excerpt:

This is an action for declaratory and injunctive relief and money damages brought against the United States Department of the Interior (“Department”); its Secretary; and Regional Director for the Bureau of Indian Affairs (“BIA”) for violations of the Indian Self-Determination and Education Assistance Act (“ISDEAA”) and regulations promulgated thereunder. The Northern Arapaho Tribe (“NAT” or “Tribe”) submitted to the BIA a contract proposal for judicial services and requested technical assistance, consultation and a waiver of any regulations that the BIA thought could prevent or impede approval. The BIA failed or refused to provide technical assistance, consultation, or the requested waiver and declined the proposal. These failures and the declination violate the ISDEAA and applicable regulations. The Tribe is entitled to declaratory and injunctive relief and damages, plus interest, pursuant to the ISDEAA.