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Appealed from: United States District Court for the District of Arizona

Judge William G. Young

The Secretary of Housing and Urban Development (“HUD” or the “Secretary”) appeals the decision of the United States District Court for the District of Arizona granting Serena Dewakuku’s (“Dewakuku”) summary judgment motion that HUD (1) violated the Indian Housing Act of 1988 (“IHA”) (codified at 42 U.S.C. �� 1437aa-1437ff (1994), repealed by Native American Housing Assistance and Self-Determination Act of 1996, Pub. L. No. 104-330, � 501(a), 110 Stat. 4016, 4041 (1996)), and its implementing regulations and (2) breached its obligations under the Annual Contributions Contract (“ACC”) to Dewakuku as an intended third party beneficiary of that contract. Dewakuku v. Cuomo, No. 98-00415 (D. Ariz. July 11, 2000). The first issue turns on whether Dewakuku has an implied private right of action against the Secretary under the IHA. The second issue turns on whether Dewakuku is an intended beneficiary of the ACC. While we agree that Congress waived the Secretary’s sovereign immunity under 42 U.S.C. � 1404a (1994), we nevertheless conclude that the IHA does not create an implied right of action against the Secretary. We also conclude that Dewakuku is not a third party beneficiary of the ACC. Therefore, we reverse the district court on both issues and remand.

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