Here are the materials in Navajo Nation v. Bernhardt (D.D.C.):
37 Federal Memorandum on Entry of Judgment
44 Navajo Memorandum on Damages
Prior post here.
Navajo Nation v. Dept. of Interior
Navajo Sues Interior over FY2017 Judicial Contract
Here is the complaint in Navajo Nation v. Dept. of Interior (D.D.C.):
An excerpt:
Plaintiff Navajo Nation (“Nation”) seeks relief for Defendants’ violations of the Indian Self-Determination and Education Assistance Act, as amended, 25 U.S.C. § 5301 et seq. (“ISDEAA”), and regulations promulgated thereunder, and for Defendants’ breach of a self-determination contract made under the ISDEAA. Under the ISDEAA and governing regulations, Defendants may not decline an Indian tribe’s renewal proposal for a self-determination contract, or contract funding, if it is substantially the same as the prior contract. The Nation submitted a renewal proposal to the Department of the Interior (“Department”) for their contract covering operations of the Navajo Nation Judicial Branch that proposed funding in the amount of $17,055,477 for calendar year (“CY”) 2017. This was the same amount that the Nation sought for CY 2016 and was essentially the same amount that the Nation had previously sought for CY 2014 and CY 2015 ($17,055,517) and which had been approved by operation of law because of Defendants’ failure to decline the Nation’sCY 2014 funding proposal within the 90-day review period established by law. Nonetheless, Defendants partially declined the Nation’s renewal proposal for all funding in excess of $1,429,177.00 for CY 2017. Because Defendants’ action violates the ISDEAA and applicable regulations, the Nation is entitled to declaratory and injunctive relief and damages.
Navajo Nation Prevails in D.C. Circuit over 2014 Annual Funding Agreement Dispute
Here is the opinion in Navajo Nation v. Dept. of Interior:
An excerpt:
The Navajo Nation delivered a proposed funding agreement to the Bureau of Indian Affairs, an agency within the United States Department of the Interior, during a partial government shutdown. By law, the BIA had 90 days after receipt to act on the proposal or it would be deemed approved. The BIA did not consider the proposal “received” until normal government operations later resumed, and issued a partial declination 90 days after that date. The Nation filed an action to enforce the proposal, contending that the BIA’s declination was untimely. The district court granted summary judgment to the DOI, holding that because the Nation had remained silent when the BIA indicated its position on the deadline, the Nation was equitably estopped from asserting an earlier one. The Nation brought the present appeal. We reverse the judgment.
Briefs here.
Lower court materials here.
Ninth Circuit Materials in Navajo Nation Water Rights Claim to Colorado River
D.C. Circuit Briefs in Navajo Challenge to 2014 Annual Funding Agreement
Here are the briefs in Navajo Nation v. Dept. of Interior:
Lower court materials here.
Navajo Loses 2014 Self-Determination Contract Funding Challenge
Here are the materials in Navajo Nation v. Dept. of Interior (D.D.C.):
15-3 Navajo Motion for Summary J
An excerpt:
Plaintiff Navajo Nation (the “Nation”) alleges that the Bureau of Indian Affairs (“BIA”), an agency within the United States Department of the Interior (“DOI”), violated the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 et seq. (the “ISDEAA”), by failing to disperse calendar year (“CY”) 2014 funding to the Nation according to the Nation’s proposed CY 2014 annual funding agreement (the “Proposal”). Specifically, the Nation contends that DOI Secretary Sally Jewell (the “Secretary”) failed to approve or decline the Proposal within the statutorily-mandated 90-day window for doing so and that, as a result, the Proposal must be deemed approved as a matter of law.
The parties have each moved for summary judgment. Upon consideration of the parties’ motions and supporting briefs, and for the reasons set forth below, the Nation’s motion for summary judgment is hereby DENIED, and DOI’s cross-motion for summary judgment is hereby GRANTED.
Navajo Sues Interior over Tribal Court Funding
Ninth Circuit Materials Navajo Nation NAGPRA Dispute with Federal Government
Here are the briefs in Navajo Nation v. Dept. of Interior:
Oral argument video and audio.
CA9 opinion here. Opinion after settlement here.
District court materials:
An excerpt:
This action stems from the long-standing desire of the plaintiff, the Navajo Nation, to obtain the immediate repatriation of 303 sets of human remains and other associated cultural objects removed by the National Park Service (“NPS”) from the Canyon de Chelly National Monument (“the Monument”), which is a unit of the NPS located within the exterior boundaries of the Navajo Reservation; the human remains and cultural objects at issue are currently being held by the NPS at its Western Archeology Conservation Center in Tucson, Arizona.
Federal Court Dismisses Navajo Colorado River Water Rights Claims
Here are the materials in Navajo Nation v. Dept. of Interior (D. Ariz.):
Turtle Talk 