Yet Murkowski wasn't the only committee member with a different take on the debacle. Sen. Brian Schatz (D-Hawaii) wondered why American Indians, Alaska Natives and even Native Hawaiians weren't able to "hang together" during a policy crisis that was created entirely by Washington. Like his late to the union colleague, Schatz glossed over the Trump administration's delays in making payments to Indian Country. He instead decried what he called an "unfortunate situation of the deployment of the funds to Alaska being delayed as a result of litigation and a misinterpretation of the statute." "We should remember that we all must hang together -- Democrat and Republican, Native Hawaiian, Alaska Native and American Indian," said Schatz.Sen. Lisa Murkowski (R-AK) is picking fight over delays in #COVID19 relief. Blames "litigation" over Alaska Native corporations when in fact Trump administration said @USTreasury couldn't figure out allocations. @lisamurkowski #CoronavirusReliefFund
— indianz.com (@indianz) July 1, 2020
LIVE: https://t.co/g7bnyylpFe pic.twitter.com/sL9x9j9phv
President Gabe Aguilar gives Video Update #14 of COVID-19 tribal efforts and other tribal updates. JUNE 17, 2020
Posted by Mescalero Apache Tribe on Wednesday, June 17, 2020
Nearly a week later, however, Alaska Native corporations have yet to see a single penny. It's not clear exactly why, as Treasury currently faces no legal impediment to getting the money out to the regional and village entities. "This litigation has greatly harmed the Ahtna people by delaying the release of the vital CARES Act funds," Ken Johns, the chairman of the board for Ahtna, Incorporated, one of the 13 Alaska Native regional corporations, said in a declaration filed in court on Wednesday. Treasury has not explained why it has chosen not to distribute COVID-19 relief to the corporations. In a notice also filed on Wednesday, government attorneys would only say that they will inform the court ahead of time in the event the Trump administration plans to issue payments. "Consistent with the court’s order, Defendant will provide at least one business day’s notice before disbursing any CARES Act funds designated for Alaska regional or village corporations," the Department of Justice wrote. The court's order in question was issued by Mehta on June 29 -- five days after his ruling on the Alaska Native corporate issue. The notice does not explain why Treasury has not taken any steps in the interim to pay the entities.Also: "We do not have reservations in Alaska"
— indianz.com (@indianz) July 1, 2020
Someone please tell @lisamurkowski about Metlakatla Indian Community, whose reservation still exists, in 2020.#COVID19 #Coronavirus #CoronavirusReliefFund #CARESAct #Alaska @IndianCommittee
LIVE NOW: https://t.co/IwZUC86bFG
But the tribal governments that brought the case aren't accepting defeat. On Monday, they once again joined forces and asked Mehta to put a hold on his ruling while they pursue an appeal to a higher court. "A delay in the potential receipt of these funds by ANCs would not result in any irreparable harm," a broad coalition of tribes -- including several in Alaska -- wrote in the filing. "In stark contrast, absent an injunction, the Plaintiff Tribes will forever lose the opportunity to receive and spend these funds on the governmental services that Congress intended." As of late Thursday afternoon -- a day before the court will be closed due to the July 4 holiday -- Mehta hadn't issued a ruling on the tribal request. The delay is not being taken well in Alaska. Some corporations have intervened in the lawsuit in order to protect their interests as they protect their shareholders and communities from the spread of the coronavirus. “Each day the CARES Act funds allocated for ANCs is delayed is another day that the Alaska Native people they serve are not fully equipped with the tools to help their communities respond to COVID-19," the ANCSA Regional Association and the Alaska Native Village Corporation Association said in a statement.A federal judge has handed the Trump administration a major #Coronavirus win, ruling that Alaska Native corporations are entitled to shares of an $8 billion #COVID19 relief fund. But tribes aren't accepting defeat. #CARESAct #CoronavirusReliefFund https://t.co/QqSqVrHAlD
— indianz.com (@indianz) June 29, 2020
"Many of our Alaska Native communities lack access to road systems and are reliant on air carriers that have been forced to scale back or cease operations," the two organizations said. "These communities are in desperate need of bare essentials. The CARES Act Title V funds will pay for critical services needed to combat the devastating effects of this public health emergency." "We urge the court to allow the Secretary of Treasury to discharge the remaining Title V obligations and deliver the ANC-allocated funds immediately," they added, citing the section of the CARES Act that authorized the coronavirus relief fund. More than $533 million has been set aside for the Alaska Native corporations, Indianz.Com has previously reported. The figure is based on representations made in court by government attorneys and is confirmed by the most recent Daily Treasury Statement According to the July 1 statement, $149.466 billion has been paid out of the coronavirus relief fund. The full amount provided by Congress was $150 billion so that leaves less than $534 million left -- the amount set aside for the Alaska Native corporations.To assist shareholders during COVID-19, the Trustees of Ahtna Hwt’aene (People’s) Trust have declared a second 2020 special shareholder distribution of $10 per share. Distributions are scheduled for Aug 14. https://t.co/ld60RJM0ii pic.twitter.com/PfUHBjMYjj
— Ahtna, Inc. (@AhtnaInc) June 16, 2020
The CARES Act became law on March 27. It required Treasury to distribute the fund "not later than 30 days" after its enactment. Treasury missed the late April deadline. Although litigation had indeed been initiated by that time, Treasury admitted that it was having trouble coming up with an allocation method for the fund. A week later, on May 5, Secretary Mnuchin announced that $4.8 billion, representing 60 percent of the fund, was going out. It took another month for the remaining $3.2 billion to be allocated -- again following repeated delays that had nothing to do with the litigation, Treasury officials and government attorneys have said over the last few weeks.AFN applauds today's Court ruling that Alaska Native Corporations established under ANCSA are eligible for federal relief under the CARES Act - https://t.co/MI0Tw7OUXp
— AFN (@NativeFed) June 27, 2020
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