Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:02-cv-01383-MMS

Document 64

Filed 06/06/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ SAMISH INDIAN NATION, a federally ) recognized Tribe, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA ) ) Defendant. ) ___________________________________ )

Case No. 02-1383L Chief Judge Edward J. Damich

MOTION FOR LEAVE TO FILE CORRECTED BRIEF In reviewing the United States' Reply Brief in Support of its Motion to Dismiss Regarding Tribal Priority Allocations and Indian Health Service Funding ("Reply Brief"), and upon further reflection, the United States is concerned that several statements in the Reply Brief regarding the Indian Health Service ("IHS") funding could be taken out of context and construed in a way that would be inaccurate. In particular, three paragraphs in Section I.E. and one paragraph in Section II of the Reply Brief are not clear that (1) IHS receives funding through the Appropriations Acts pursuant to the Snyder Act and the Indian Health Care Improvement Act ("IHCIA"), and (2) the Indian Self-Determination and Education Assistance Act ("ISDA") permits tribes to enter compacts and contracts with IHS to receive funding from IHS's Appropriations under the Snyder Act and the IHCIA for the operation of programs previously operated by IHS. Accordingly, the United States moves for leave to file the attached corrected brief, which clarifies the statements the United States views as being subject to misinterpretation. Specifically, this brief corrects statements in the paragraph on page 14 of the original Reply Brief beginning, "After examining the statutory language," and the two paragraphs following, and the last paragraph on page 20 of the original Reply Brief beginning, "Furthermore, as in

Case 1:02-cv-01383-MMS

Document 64

Filed 06/06/2007

Page 2 of 3

Navajo." Respectfully submitted this 6th day of June, 2007. RONALD J. TENPAS Acting Assistant Attorney General s/ Devon Lehman McCune DEVON LEHMAN McCUNE, Trial Attorney United States Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St. Denver, CO 80294 303-844-1487 303-844-1350 (fax) [email protected] Of Counsel: Melissa A. Jamison U.S. Department of Health and Human Services Office of General Counsel Indian Health Service Rockville, MD

Case 1:02-cv-01383-MMS

Document 64

Filed 06/06/2007

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 6, 2007, I filed the foregoing MOTION FOR LEAVE TO FILE CORRECTED BRIEF with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all parties in this matter.

DATED this 6th day of June, 2007.

s/ Devon Lehman McCune Devon Lehman McCune, Trial Attorney U.S. Department of Justice Environment & Natural Resources Division Natural Resources Section 1961 Stout St., 8th Floor Denver, CO 80294 (303) 844-1487 (tel.) (303) 844-1350 (fax) [email protected]