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FLAGSTAFF, ARIZONA – Several Native American tribes sued the federal government on Friday, trying to keep any of the $ 8 billion in federal aid for coronavirus for tribes out of the hands of Alaska Native profit corporations.
The United States Treasury Department is tasked with handing out the money by April 26 to help tribes across the country stay afloat, respond to the virus, and recover after having to close casinos, tourist operations. and other businesses that serve as its main money producers.
The Confederate Tribes of the Chehalis Reserve and Tulalip Tribes in Washington state, the Houlton Band of the Maliseet Indians in Maine, and the Akiak Native Community, Asa’carsarmiut Tribe and Aleut Community of St. Paul Island in Alaska presented the lawsuit in the US District. USA Court in Washington, DC
The Treasury Department, named as the defendant, did not immediately respond to an email seeking comment.
Tribes had already raised questions about the distribution of funding.
“The Indian country will depend on that to start again,” said Cherokee Nation’s chief chief, Chuck Hoskin Jr., “and Congress surely had no intention of putting in tribal governments, which provide health care, education, jobs, job training, and all kinds of programs, to compete against these Alaska corporate interests, which looks like cash theft. “
The Department of the Interior, which oversees the Office of Indigenous Affairs, said Alaska Native corporations are eligible for funding, pointing to a definition that includes them as an “Indian tribe” in the federal bill. The corporations are exclusive to Alaska and own the majority of the state’s native lands under a 1971 agreement, but they are not tribal governments.
The tribes argue that the Department of the Interior has had a limited view of the definition and that Congress intended that the money go to the 574 federally recognized tribes in the country that have a government-to-government relationship with the United States.
Online form for tribes
The Treasury Department released an online form Monday for tribes to submit information to obtain funds, including their land base, number of tribal citizens, corporate shareholders, employees, and expenses. The deadline to respond is Friday.
It is unclear how the agency will decide which tribe gets what.
For some tribes, Monday was the first time they saw any mention that Alaska Native corporations would be eligible for tribal funding. They had to respond quickly because the deadline to evaluate the financing formula was the same day.
Jonodev Chaudhuri, president of the Indian Law and Policy Group at the law firm Quarles and Brady LLP, said the moment is worrying.
“The federal government’s responsibility to consult with tribal nations rests not only on long-standing policies, but also on important standards of respect,” said Chaudhuri, a former Interior Department official. “The consultation must be meaningful and timely.”
Federal officials held two conversations with tribes by phone on April 2 and 9, attracting more than 3,000 participants, according to the Interior Department. Tara Sweeney, who oversees the Office of Indigenous Affairs, made a separate call with Alaska interests on Monday.
Some tribes have suggested that Sweeney has personal reasons to ensure that Alaska Native corporations receive funds. Inupiat Eskimo from Alaska’s North Slope, worked for nearly two decades for Arctic Slope Regional Corp., one of Alaska’s largest and most profitable Native corporations.
The Sioux Tribe of the Cheyenne River in South Dakota said it is prepared to file a lawsuit to stop the distribution of funds, alleging that Sweeney has recommended that at least $ 3 billion go to Alaska Native corporations.
The Department of the Interior said Sweeney has not made that recommendation and supports all indigenous peoples in the United States. USA
“To suggest that you have personal motives or that you are trying to divert funds from American Indians is completely false,” the department said in a statement. “His focus has always been on inclusion, transparency and partnerships.”
Senate Minority Leader Chuck Schumer accused Sweeney in a tweet Thursday of diverting funds for tribal governments to corporations.
Alleged ‘ignorant’ attack
She replied in her own tweet, “Even for you, this is an ignorant and contemptuously low attack that couldn’t be further from the truth. Perhaps you should read the law that you negotiated and voted on since Alaska Natives are entitled to receive the funds from @The Treasury of the United States. “
The Alaska Native Federation supported Sweeney, saying that if the Department of the Interior was deviating from the law, the agency’s attorney would have taken action. Alaska has nearly 230 federally recognized tribal governments.
The Great Plains Tribal Presidents Association, the Inter-Tribal Council of Five Civilized Tribes, the National Congress of American Indians and the Navajo Nation also said that Alaska Native corporations should not be on par with tribal governments.
The Navajo Nation has reported more cases of coronavirus than any other Native American tribe. As of Thursday, it had 1,042 cases among the 175,000 residents of the vast reservation that extends to New Mexico, Arizona and Utah, and 41 deaths.
