FORT TOTTEN- After a lengthy legal process spanning more than seven years, the Spirit Lake Tribe has prevailed in its appeal against the Bureau of Indian Affairs (BIA) over the partial funding of the Tribe’s Child Protection Services (CPS) program, according to an announcement from the tribe.

On Thursday, July 17, the Interior Board of Indian Appeals (IBIA) issued a decision in The Spirit Lake Tribe v. Acting Great Plains Regional Director, Bureau of Indian Affairs, ruling that the BIA’s 2018 partial declination of the Tribe’s proposed funding for its CPS program violated federal law.

In 2017, the Spirit Lake Tribe proposed to assume full operation of its CPS program under the Indian Self-Determination and Education Assistance Act (ISDEAA) and requested $666,983 annually — an amount based on actual funding levels the BIA had provided over the preceding three years, the tribe stated. However, the BIA approved only $338,815 and declined to fund the remaining $331,319, which represented average annual one-time funds previously used to support the program.

The IBIA determined the BIA failed to clearly explain the basis for its funding decision, as required by law.

Specifically, the board found the BIA did not meet its obligation to issue a written, reasoned explanation for the declination, nor did it sufficiently demonstrate why the full funding request should have been denied.

The board ruled that because the BIA did not meet these requirements, the tribe’s proposal is deemed approved by law. As a result, the BIA must fully fund the contract as originally proposed, prorated for the period in Fiscal Year 2018 during which the tribe operated the program.

“This ruling affirms what we have long known — that our tribe’s proposal was both justified and lawful. It is unacceptable for the federal government to shortchange our efforts to protect children and families. We are grateful for the board’s decision and remain committed to exercising our inherent authority to provide these critical services in our own community, ” said Chairwoman Lonna Street of the Spirit Lake Tribe.

The ruling does not set funding levels for years after 2018, but it underscores the federal government’s obligation to meet the statutory requirements of self-determination and to fully explain any funding decisions under the ISDEAA.