Summary: Under the Indian Self-Determination and Educational Assistance Act of 1975, tribal employees participate in and manage programs through contractual arrangements with the Bureau of Indian Affairs and the Indian Health Services. In 1990, through the Federal Tort Claims Act (FTCA), the federal government permanently assumed the liability for accidents or torts caused by tribal contractors. Data on FTCA claims involving tribal contractors are not readily available because neither the Department of the Interior nor the Department of Health and Human Services (HHS) requires tracking such claims. However, the two agencies did provide GAO with data on 342 claims with total damages of $700 million. About two-thirds of the claims involved Bureau programs and one-third involved Health Service programs. The U.S. government may be paying more than necessary to resolve claims involving tribal contractors because the tribes use federal funds to buy private liability insurance; thus the government is paying twice. Neither Interior nor HHS checks to see whether tribal contractors have private liability insurance that could cover their claims. According to Interior, incentives to reduce the number of claims are not present and, from time to time, tribal contractors have not cooperated with Interior in resolving a claim. Sometimes, FTCA coverage is not a perfect fit for tribal contractors. When claims are filed in tribal courts, FTCA has no provision to remove the cases to federal court, where they belong. GAO summarized this report in testimony before Congress; see: Federal Tort Claims Act: Claims History and Issues Affecting Coverage for Tribal Self-Determination Contracts, by Barry T. Hill, Associate Director for Energy, Resources, and Science Issues, before the Senate Committee on Indian Affairs. GAO/T-RCED-00-234, July 12 (13 pages).
