2004- Cheyenne & Arapaho Tribes of Oklahoma, 33rd Business Committee of v. Superintendent and Awarding Official, Concho Agency, Bureau of Indian Affairs

Appellant 33rd Business Committee of the Cheyenne & Arapaho Tribes of Oklahoma (Tribes) seeks review of a Recommended Decision issued on February 12, 2004, by Administrative Law Judge Richard L. Reeh in a matter arising under the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. §§ 450- 450n. Judge Reeh recommended that the November
10, 2003, decision of the Awarding Official and Superintendent, Concho Agency, Bureau of Indian Affairs (Superintendent; BIA), to reassume the Tribes’ Law Enforcement Program on an emergency basis pursuant to 25 C.F.R. § 900.252(a), be affirmed. For the reasons discussed below, the Board of Indian Appeals (Board) adopts the Recommended Decision.
BIA and the Tribes entered into Contract No. CTB05T80170 on March 7, 2003, to administer a Law Enforcement Program under ISDA through 2005. On May 16, 2003, the Superintendent issued a notice of non-emergency reassumption of this contract based on numerous program deficiencies, which included (1) failure to accomplish adequate background investigations
for uniformed officers; (2) failure to adequately train the officers; (3) failure to account for property used in connection with law enforcement services; (4) failure to abide by the Tribes’ Law and Order Code; and (5) failure to provide a stable law enforcement program to Indian people residing within the boundaries of the Tribes’ eight-county service area.