Category: News

Treasury cannot distribute coronavirus relief funds meant for Indian tribal governments to for-profit Alaska Native Corporations because they are not Indian Tribes and do not have recognized governing bodies under federal law. 

Lead Plaintiffs the Tulalip Tribes, the Confederated Tribes of the Chehalis Reservation in Washington state, the Houlton Band of Maliseet Indians in Maine and three federally recognized Indian tribes in the state of Alaska, won a major victory for all tribes today at the U.S. District Court for the District of Columbia. District Judge Amit Mehta granted the Plaintiffs’ request and enjoined the Department of the Treasury from distributing funds Congress intended for Tribal governments to for-profit Alaska Native Corporations (ANCs). 

Plaintiffs filed suit on April 16, 2020 after the Secretary of Treasury indicated that he would use monies intended for Tribal governments to fund ANCs. The three Alaska co-plaintiffs are the Akiak Native Community, the Asa’carsarmiut Tribe, and the Aleut Community of St. Paul Island. The Plaintiffs subsequently filed an amended complaint to add the Navajo Nation, Quinault Indian Nation, Pueblo of Picuris, Elk Valley Rancheria, and San Carlos Apache Tribe. 

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) became law on March 27, 2020, and provides $150 billion in direct payments specifically to states, Tribal governments, territories, and local governments for COVID-19 related expenses incurred through December 30, 2020. Of the $150 billion, Congress allocated $8 billion for direct payments to Tribal governments. In setting aside the funds for Tribal governments, numerous members of Congress noted the tremendous hardships that COVID-19 has caused for Tribal governments. 

In a 34 page opinion, Judge Mehta concluded that the Plaintiffs satisfied the four factors required to obtain equitable relief and noted that the Plaintiffs would suffer irreparable harm absent an injunction because, among other reasons, the $8 billion of the COVID-19 Relief Funds Congress set aside for Tribal governments in the CARES will not be recoverable once they are disbursed. Turning to the Plaintiffs’ likelihood of success on the merits, Judge Mehta held that “presently, no ANC satisfies the definition of ‘Tribal government’ under the CARES Act and therefore no ANC is eligible for any share of the $8 billion allocated by Congress for Tribal governments.”  

Plaintiffs maintained that the only eligible recipients are the approximately 574 federally recognized Tribal governments that are recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Disbursement of funds to ANCs would have significantly diminished the funding available for Tribal governments, which are providing critical services across the country to tribal members and their communities in response to the COVID-19 crisis. Such diminishment would have occurred at a time when other programs under the CARES Act are either unavailable to Tribal governments or have exhausted available funds. 

Many Indian tribes, intertribal organizations, and members of Congress expressed written opposition to Treasury’s inclusion of ANCs because ANCs are state-chartered and state-regulated private business corporations, not Tribal governments as contemplated in the CARES Act. Other tribes later filed two similar lawsuits, and the Court consolidated these cases with the main case, Chehalis v. Mnuchin.

“The Chehalis tribe is pleased that the court saw what was obvious to many of us. Corporations have no place taking dollars that were allocated for tribal governments, period!”, said Harry Pickernell, Sr., Chairman of the Chehalis Tribe. “This ruling will ensure that tribes and tribal members will reap the intended benefits that Congress envisioned in the CARES Act. This ruling will help tribal governments to lead in the aid and recovery of their people.” 

“We are pleased that the Court found in our favor. There was no question for us that the intent of Congress was to distribute these funds to Indian tribal governments. ANCs are neither Indian tribes, nor do they have recognized governing bodies that are responsible for providing essential governmental services to a tribal community,” said Teri Gobin, Chairwoman of the Tulalip Tribes. “It is extremely unfortunate that some are promoting ANCs to be something they are not, at the expenses of tribes, and it is disappointing that the administration is promoting a position that equates these for-profit corporations with Indian Tribal governments,” Gobin added. 

Treasury represented to the Court that they would not be distributing these CARES Act funds until April 28, 2020, at the earliest, due to reasons unrelated to Plaintiffs’ lawsuit. Congress had intended and required Treasury to distribute this funding to Tribal governments no later than April 26, 2020. Plaintiffs urge Treasury to follow the law and to disburse the desperately needed funds in full to tribal governments without further delay. 

By Micheal Rios, Tulalip News

Every 10 years the United States Census Bureau attempts an astounding task to count each and every person in the country. The Constitution requires a census every 10 years to determine how many seats each state will have in the House of Representatives. More importantly, census data also helps guide how billions of dollars in federal, state, and tribal funding are distributed.

Accurate census data leads to fairer distributions of funds that support tribal programs in meeting community member needs, such as housing, education, elder programs, healthcare, childcare programs, and economic development. Put simply, having accurate representation means making sure you are counted, and by being counted you bring more federal money to Tulalip that benefits the entire reservation. Each person counted equals $3,000 of potential funding for our community.

As of Monday, April 20^th, official numbers provided by the Census Bureau list Tulalip with a 47.3% response rate. That means a little less than half of all Tulalip households have responded to the 2020 Census via self-responses online, by phone, or by mail. 

To those households who responded to the census already, a huge thank you for being proactive. For the rest of you 52.7% of households yet to make yourselves counted, the good news is there’s still time. The U.S. Census Bureau has extended the census deadline to October 31 in the wake of the COVID-19 pandemic. 

“The 2020 Census is our chance to be visible, to be heard, and for our tribal nations to be recognized,” stated Kevin Allis, CEO of the National Congress of American Indians. “Being counted means standing up for yourself, your family, and your tribal community. Our people, our nations, and our future depend on each one of us to complete the census form. This is our opportunity to make a difference – the time is now. Let us join together and make 2020 the year that Indian Country counts!”

Despite the lengthy history and expansive impact of the U.S. census, Native Americans have historically been undercounted. This history of inaccuracy costs millions of annual tax dollars to Indian Country that would otherwise be used to improve public programs such as schools, roads, and other forms of critical public infrastructure.

Not being counted hurts Indian Country and on the local level, hurts Tulalip. Tribal leaders and the Census Bureau hope that focusing on designated hard-to-count communities and improved technology will help produce a more accurate count this year. In 2020, for the first time ever, citizens are able to respond to the census online.

“I want to tell every [Native American] to be counted as an act of rebellion because this census is designed not to count you,” declared Natalie Landreth (Chickasaw), a senior attorney for the Native American Rights Fund, to Indian Country Today. “It is designed for you to not have congressional districts. It is designed for you to not have federal monies. Make yourself heard because they don’t want to hear from you.”

The easiest and most efficient method for participating in the census is to fill it out online at my2020census.gov All Tulalip households should have received an invitation in the mail to participate in the census with a unique 12-digit Census ID. If you don’t have the 12-digit ID handy, then there is an online tool at my2020census.gov/app/intro/state to assist you.

The average time for a household to complete the census form online is only about ten minutes. Taking those critical minutes to be counted means standing up and being visible for yourself, your family, and your tribal community.

Your responses to the 2020 Census are confidential and protected by law. Personal information is never shared with any other government agencies or law enforcement, including federal, local, and tribal authorities.

It cannot be understated that accurate census data is essential for policymaking and funding for public roads and many other types of essential infrastructure. A lot of our federal programs are dependent on the numbers generated from the census. It impacts education. It impacts economic development. It impacts tribal housing. It impacts health care. 

Now is the time to encourage family, friends, and neighbors to spread the work and participate in the 2020 Census. Don’t let the government short change Indian Country or Tulalip a single dollar of federal funding. Be visible and be counted!

For more information, visit www.census.gov OR for those intending to complete the census online please visit my2020census.gov/ to help shape our future.

How to be counted as Tulalip

For many reasons, it is important that Native households be counted in the 2020 Census. This depends on the race of “Person 1” or the first person listed on the census form. If that person says he or she is Native, then the household will be counted as one with a Native “householder”. 

Saying that you’re American Indian or Alaska Native on the 2020 Census form is a matter of self-identification. No proof is required. No one will ask you to show a tribal enrollment card or a certificate of Indian blood. 

To be counted as a Native citizen who is part of the Tulalip Tribes, you must complete two simple steps. Frist, check the box for American Indian or Alaska Native. Second, make sure to write in your enrolled tribe. For Tulalip tribal members this means writing in Tulalip Tribes.

As far as the Census Bureau is concerned, the listing of a person’s tribe is entirely a matter of what the person writes in. No proof of the person’s relationship to that tribe is required. It’s all a matter of self-identification. 

Tulalip Tribes, Washington, DC Office 

In a joint effort, the Tulalip Tribes and the Confederated Tribes of the Chehalis Reservation in Washington state, together with the Houlton Band of Maliseet Indians in Maine and three federally recognized Indian tribes in the state of Alaska, have filed suit in the U.S. District Court for the District of Columbia to prevent the Department of the Treasury from distributing funds to corporations or other non-governmental entities that Congress intended to be distributed only to Tribal governments. The three Alaska co-plaintiffs are the Akiak Native Community, the Asa’carsarmiut Tribe, and the Aleut Community of St. Paul Island. The Parties will be asking the Court to issue an injunction against illegal disbursements of the Congressional appropriation. 

The Coronavirus Aid, Relief and Economic Security Act (CARES Act) became law on March 27, 2020, and provides $150 billion in direct aid specifically for COVID-19 related expenses to states, Tribal governments, territories and local governments. Of the $150 billion, Congress allocated $8 billion to Tribal governments. In setting aside the funds for Tribal governments, numerous members of Congress related the tremendous hardships that COVID-19 has caused for Tribal governments. 

During the past week, Indian country became aware that the Treasury Department was considering expanding the scope of entities that could receive direct payments under this provision beyond Tribal governments. On April 13, 2020, Treasury published on its website a certification form for eligible entities to complete that confirmed its intent to treat Alaska Native Corporations (ANCs) as “Tribal governments” for purposes of making payments under Title V of the CARES Act. 

There are 574 federally recognized Tribal governments that maintain a government-to-government relationship with the United States, which include Indian tribes and nations in the lower-48 states and the state of Alaska. Treasury’s disbursement of funds to ANCs will diminish the funding available for Tribal governments, which are providing critical services across the country to tribal members and their communities in response to the COVID-19 crisis. Such diminishment will occur at a time when other programs under the CARES Act are either unavailable to Tribal governments or have expended available funds. 

Many Indian tribes, tribal organizations, and members of Congress expressed written opposition to Treasury’s inclusion of ANCs inclusion because ANCs are state-chartered and state-regulated private business corporations, not Tribal governments as contemplated in the CARES Act. 

“We are opposed to any effort to consider Alaska Native Corporations or other entities not on the list of federally recognized Indian tribes as a ‘Tribal government’ under the CARES Act relief fund,” said Harry Pickernell, Sr., Chairman of the Chehalis Tribe. “We do, however, fully support the ability of Tribal governments to transfer any relief funds that they receive from Treasury to ANCs or other non-governmental entities if those Tribal governments determine that is in their best interest.” 

The federal government has a specific trust responsibility to federally recognized Indian tribes, not shareholders of corporations. The historic lack of federal funding for tribal programs has created a dramatic need in Indian Country. This portion of the CARES Act was intended for tribes that provide services to tribal members, not dividends to shareholders or any other non-governmental entity. 

“The notion that corporations incorporated under state law should be considered Tribal governments is shocking and will come at the expense of tribal governments, who are responsible for providing critical needs such as healthcare, housing, and education to their citizens,” said Teri Gobin, Chairwoman of the Tulalip Tribes. “We are struggling right now because we have no revenue coming in, and it’s going to take years to recover,” Gobin added. 

The Tribes’ lawsuit does not seek any delay of Treasury’s statutory requirement to distribute funding to Tribal governments by the CARES Act deadline of April 27, 2020. Rather, the Tribes’ request that the Court order Treasury to disperse all $8 billion to Tribal governments, but not to ANCs, in accordance with the CARES Act.