DISMISSED WITH PREJUDICE: January 7, 2008

 

 

                                                               CBCA 771-ISDA

 

 

           THREE AFFILIATED TRIBES OF THE FORT BERTHOLD RESERVATION,

 

Appellant,

 

                                                                             v.

 

                                              DEPARTMENT OF THE INTERIOR,

 

Respondent.

 

Arthur Lazarus, Jr., William F. Stephens, and James E. Glaze of Sonosky, Chambers, Sachse, Endreson & Perry, LLP, Washington, DC, counsel for Appellant.

 

Keith W. Weaver, Office of the Solicitor, Department of the Interior, Albuquerque, NM, counsel for Respondent.

 

VERGILIO, Board Judge.

 

                                                                       ORDER

 

On May 21, 2007, this Board received a notice of appeal from the Three Affiliated Tribes of the Fort Berthold Reservation (grantee) concerning its grant, GTA-04T301K1, and the Twin Buttes K-8 School Replacement Project, 05A0N, involving the Department of the Interior (grantor and Government).  The grantee maintains that the Government wrongfully terminated the grant and project.  Following the submission of the appeal file and complaint, the parties agreed to a stay of formal proceedings as they attempted to resolve the dispute.

 

On December 21, 2007, the Board received from the parties an executed settlement agreement and a joint notice of settlement and a request for a dismissal with prejudice of this appeal.  The parties stipulate that their Indian self-determination agreement shall be reinstated in accordance with the terms and conditions set forth in their settlement agreement. 


Accordingly, the Board DISMISSES WITH PREJUDICE this appeal.

 

 

_________________________

JOSEPH A. VERGILIO

Board Judge