Navajo Nation v. DOI, No. 16-5117 (D.C. Cir. 2017)Annotate this Case
The Navajo Nation filed suit to enforce a proposed funding agreement. By law, the BIA had 90 days after receipt to act on the proposal or it would be deemed approved. The BIA did not consider the proposal "received" until normal government operations later resumed after a government shutdown. The district court granted summary judgment to the DOI. The court explained that even if the government employee violated the Anti-Deficiency Act, 31 U.S.C. 1341(a), 1342, by accepting the Navajo Nation's proposal, the agency was nonetheless bound by the consequences of him doing so. The court rejected the DOI's claim that the Navajo Nation is equitably estopped from disputing the timeliness of the declination after remaining silent in the face of the BIA's repeated assertions of its position on the matter. The court also rejected the DOI's claim that equitable tolling of the 90-day deadline is appropriate for the period of the government shutdown. The court concluded that this case did not present the sort of extraordinary circumstances that justify equitable tolling. Finally, the court rejected the DOI's challenge to the award amount. Accordingly, the court reversed the judgment.