Indian Self-Determination and Education Assistance Act Contracts and Cherokee Nation of Oklahoma v. Leavitt: Agency Discretion to Fund Contract Support Costs

Publication Date: March 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

Keywords: Native Americans

Type:

Abstract:

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.