Urging Obama administration not to appeal May 9, 2011 decision of 10th Circuit Court Appeals decision affirming the obligation of the U.S. to pay full contract support costs for all contracts and compacts between Tribes and the U.S. under the Indian Self-Determination and Education Assistance Act
WHEREAS, the Great Plains Tribal Chairman’s Association (GPTCA) is composed of the 16 elected Chairs and Presidents or their duly appointed representatives of the sovereign Indian Tribes and Nations recognized by Treaties entered into with the United States that are within the Great Plains Region of the Bureau of Indian Affairs; and
WHEREAS, the Great Plains Tribal Chairman’s Association was formed to promote the common
interests of the Great Plains sovereign Indian Tribes and their members in the states of ND, SD and Nebr.; and
WHEREAS, the United States has obligated itself both through Treaties entered into and through
Its own federal statutes with the Sovereign Tribes and Nations of the Great Plains Region, and
WHEREAS, in 1975, the Indian Self-Determination and Education Assistance Act, P.L. 93-63 (ISDA), became law; and
WHEREAS, pursuant to the ISDA, the United States may enter into self-determination contracts with Indian tribes and tribal organizations “for the planning, conduct and administration of programs or services which are otherwise provided to Indian tribes and their members pursuant to Federal law.” 25 U.S.C. § 450b(j); and
WHEREAS, the ISDA requires that as a part of any self-determination contract, and later, pursuant to amendments, any self-governance compact, any agreement under ISDA must include payment for contract support costs (“CSCs”) which are the “reasonable costs for activities that must be carried on by a tribal organization as a contractor to ensure compliance with the terms of the contract and prudent management,” but would not be paid by the Secretary of the Interior if the federal government operated the contracted program directly. § 450j-1(a)(2); and
WHEREAS, such costs could include things like social security payments, worker’s compensation, and similar costs only incurred or required at the state, local or tribal level; and
WHEREAS, since at least 1994, Tribes and tribal organizations, such as UTTC, and schools on the Pine Ridge have not received full payment for such costs from the United States, on the basis that language contained in the appropriation bills for ISDA contracts limited payments under ISDA because of the clause “subject to appropriations” contained in such contracts and the appropriation bills; and
WHEREAS, in the Ramah Chapter case, a class action case on behalf of similarly situated Tribes and tribal organizations, and in other similar cases, Tribes and Tribal organizations have been seeking full payment from the United States for indirect cost shortfalls and CSC shortfalls through litigation, and have, to date, been reasonably successful, resulting in substantial payments to Tribes and tribal organizations; and
WHEREAS, in the Ramah Chapter case, the 10th Circuit Court of Appeals recently issued a decision (May 9, 2011) that affirms the obligation of the United States to pay CSCs in full to all eligible Tribes and tribal organizations.
NOW THEREFORE BE IT RESOLVED that the Great Plains Tribal Chairman’s Association hereby urges the administration of President Barack Obama not to appeal the May 9, 2011 decision of the 10th Circuit Court of Appeals regarding CSCs, and instead, work out a settlement with the Tribes and Tribal organizations that are the class representatives that will compensate Tribes and tribal organizations for CSCs that have remained unpaid since 1994; and
NOW THEREFORE BE IT FINALLY RESOLVED that this resolution shall be the policy of the Great Plains Tribal Chairman’s Association until otherwise amended or rescinded.
Resolution No. 17-6-13-11
This resolution was enacted at a duly called meeting of the Great Plains Tribal Chairman’s Association held at Flandreau Santee Sioux Tribe at which a quorum was present, with 8 members voting in favor, 0 members opposed, 0 members abstaining.
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