Yurok Tribe v. Dep’t of the Interior

The Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. 450, authorizes self-determination (Title I) contracts. The Bureau of Indian Affairs reviews proposals for the Secretary of the Interior. A proposal not declined within 90 days is deemed approved. In October 2011, the Tribe wrote to the Bureau’s Office of Self Governance (OSG) requesting several million dollars for public safety, attaching a Resolution authorizing submission of a “Title I Compact Request.” OSG replied that it did not have authority to manage a Title I agreement, copying the Bureau’s Office of Justice Services (OJS), as the appropriate contact. OJS asked the Tribe to clarify whether it was seeking a Title I contract or funding under Title IV. The Tribe emailed OJS, regarding availability to meet "regarding the Title 1 request" and sent two follow-up emails, referencing its “Title 1 request.” On February 1, 2012 the Tribe wrote to OJS, stating that “the contract is deemed approved.” OJS responded that the intent of the October letter was unclear and did not meet self-determination contract proposal requirements. The Tribe again asserted deemed approval. A year later, OJS received a letter titled “Claim for performance of Title I justice services contract pursuant to Contract Disputes Act.” OJS again denied receiving a complete proposal. The Civilian Board of Contracting Appeals dismissed a claim. The Federal Circuit affirmed, holding that the Tribe has not been awarded a contract, noting a parallel appeal with the Interior Board of Indian Appeals. View "Yurok Tribe v. Dep't of the Interior" on Justia Law