South Dakota Federal Judge Refuses To Dismiss Tribe’s Overcollection Claim

(May 3, 2024, 9:31 AM EDT) -- PIERRE, S.D. — The Lower Brule Sioux Tribe’s claim that the Bureau of Indian Affairs (BIA) overcollected money in an attempt to balance revenue after the tribe inappropriately allocated federal funds from a self-determination contract is not barred by federal sovereign immunity because it was raised within the one-year waiver period given to such claims, a South Dakota federal judge found in refusing to dismiss the tribe’s claim....