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Contract Support

The Indian Self-Determination Act represents the cornerstone of this nation’s federal policy toward tribes for more than one quarter of a century. Under the Indian Self-Determination Act the United States enters into inter-governmental contracts with Tribes under which Tribes administer federal trust programs, either through contracts or self-governance compacts, for the benefit of tribal members. In amending the 1975 Act Congress in 1988 observed that the single greatest impediment to successful implementation of the Indian Self-Determination Policy was the consistent failure of the Bureau of Indian Affairs and of the Indian Health Service to pay full fixed contract support costs associated with the administration of transferred programs. Congress recognized that the failure of the BIA and IHS to pay full fixed contract support costs has often led to reductions in programs, amounting to partial termination of the federal government’s trust responsibility. Historically contract support cost shortfalls have penalized Tribes in the exercise of their self-determination rights under the law. Contract support costs are the key to self-determination for tribes—these funds ensure that tribes have the resources that any contractor would require to successfully manage decentralized programs. Tribal leaders across Indian Country have repeatedly emphasized the importance of fully funding contract support costs.

NCAI Activities and News Items

• NCAI FY 2009 Budget Request for Indian Country (calls for full funding of CSC for tribes)
• NCAI Testimony to the Senate Committe on Indian Affairs on the President's Budget for FY 2009
• Contract Support Fund Distribution, Office of Indian Services presentation to the BIA/Tribal Budget Advisory Council, December 3, 2007
• NCAI Broadcast, March 7, 2005, "U.S. Supreme Court Issues Opinion on Contract Support Case"
• NCAI Testimony to the Senate Committee on Indian Affairs on S. 2172, The Tribal Contract Support Cost Technical Amendments of 2004
• NCAI Letter to Senators and House Members Encouraging Introduction of Contract Support Legislation (11/07/03)
• NCAI Final Report on Contract Support Costs, July 1999

Links

• Draft BIA Fiscal Year 2007 CSC Shortfall Report
• BIA Contract Support Costs Policy, May 8, 2006
• DOI Assoc. Dep. Sec'y Cason's 08-25-06 transmittal letter with interim rule
• BIA Office of Self-Governance, Contract Support Costs Information 
• Federal Circuit Court of Appeals Holds U.S. Liable to Cherokee Nation
• GAO Report, "Shortfalls in Indian Contract Support Costs Need to Be Addressed" GAO/RCED-99-150 Indian Contract Support Costs

Documents

• Contract Support Cost Fact Sheet (11/2/03)
• Draft Bill Pertaining to Determination and Payment of 'Contract Support Costs' (12/09/03)
• Ramah, et al. v. Norton, et al., second part settlement agreement (9/3/02)

Litigation Developments

• Decision in Cherokee Nation v. Leavitt, et al., dated March 1, 2005
• NCAI Press Release regarding the Decision issued in Cherokee
• Opinion and Order in Shoshone-Bannock v. Leavitt, dated December 13, 2005
• Memorandum Opinion and Order in Ramah Navajo Chapter v. Norton, dated August 31, 2006
• Order in Yukon-Kuskokwim Health Corporation v. DHHS, dated December 6, 2007
• Memorandum Opinion and Order in Pueblo of Zuni v. United States, et al., dated May 22, 2007
• Memorandum Opinion and Order in Southern Ute Indian Tribe v. Leavitt, dated June at, 2007
• Memorandum Opinion and Order in Southern Ute Indian Tribe v. Leavitt, dated October 18, 2007
• Memorandum Opinion and Order in Ramah Navajo School Board, Inc. v. Leavitt, dated February 6, 2008

Regulatory Activities

• BIA National Policy Memorandum on Contract Support Costs (NPM-SELD-1)
• BIA FY 2007 CSC Process (Letter from Pat Ragsdale)
• DOI Overview of FY 2007 CSC appropriation
• IHS 2007 Report to Congress
• IHS Manual (Excerpt covering CSC)

Contract Support Costs Data

• IHS Overview of Contract Support Costs (narrative)
• IHS 09-20-07 FY 2006 CSC Data - Spreadsheets showing FY 2006 CSC Summary data and FY 2006 Area CSC Totals
• IHS-08-02-07 Contract Support Cost History - Spreadsheet depicting history of CSC funding and shortfall data 1993-2007
• IHS 02-29-08 Contract Support Cost History - Spreadsheet depicting history of CSC funding and shortfall data 1999 - 2009, and graphs of that data
• IHS 02--29-08 CSC Projection FY 2008-2010 - Spreadsheet depicting IHS's three-year projection of CSC needs
• IHS Current and Future Projected CSC Shortfalls

General Links to CSC Websites

• Pueblo of Zuni CSC Class Website
• Ramah class Website

Congressional Activities

• Letters of support sent to congressional leaders by Tribes and Tribal Organizations
• Tribal Self-Governance Advisory Committee
• Three Affiliated Tribes
• Alaska
• Cherokee
• Choctaw

National Congress of American Indians (NCAI)
1301 Connecticut Ave NW, Suite 200, Washington D.C. 20036
Phone: (202) 466-7767, Fax: (202) 466-7797
Email: ncai@ncai.org

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