Indian Self-Determination and Education Assistance Act Contracts and (CRS Report for Congress)
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| Release Date |
March 31, 2005 |
| Report Number |
RL32681 |
| Report Type |
Report |
| Authors |
Nathan Brooks, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
On March 1, 2005, the Supreme Court handed down its decision in Cherokee Nation of
Oklahoma
v. Leavitt . The conflicts in the case (actually two consolidated cases) involved federal
agencies' duty
to fund contract support costs for contracts with Indian tribes under the Indian Self-Determination
and Education Assistance Act (ISDA).
While the case in some ways turned on technical questions of statutory interpretation and
appropriations law, it also presented interesting questions regarding the federal government's
legal
responsibility to honor ISDA contracts and how this responsibility compares to the
government's
general responsibility to pay contractors. This report includes background on the ISDA, a discussion
of the conflicting appeals court decisions, and analysis of the Supreme Court's decision.
