The E. Barrett Prettyman United States Courthouse houses both the federal court for the District of Columbia and the Circuit Court of Appeals for the District of Columbia Circuit. Photo by Indianz.Com (CC BY-NC-SA 4.0)
Nearly every major inter-tribal organization in the United States is seeking to share their views in the CARES Act lawsuit that’s headed for a major showdown in federal court this week.
Led by the National Congress of American Indians, the organizations are seeking to file a brief in the case. They want to explain how the distribution of an $8 billion coronavirus relief fund will impact tribal communities.
“Participation by the Tribal Organizations through an amicus brief is desirable and relevant to the disposition of this case. Their brief will explain to the Court the nature of federally recognized Indian tribes and their unique government-to-government relationship with the United States in contrast to private, corporate entities,” a motion filed on April 21, 2020, reads.
At issues in the CARES Act lawsuit is whether the Department of the Treasury can distribute the $8 billion coronavirus relief fund to Alaska Native corporations. The tribes assert that for-profit entities do not qualify for shares in the money.
“The brief will also explain how Indian tribes function as governments and the on-the-ground challenges Indian tribes face to provide badly needed governmental services in the throes of the COVID-19 pandemic,” the motion states. “With this background, the Tribal Organizations’ brief will then address why allocations of the Congressionally targeted funds at issue to the ANCs are inconsistent with Congress’s intent to shore-up Indian tribal governments during crisis.”
In addition to NCAI, the brief is to be submitted by the All Pueblo Council of Governors (APCG); the Affiliated Tribes of Northwest Indians (ATNI); the Arizona Indian Gaming Association (AIGA); the California Nations Indian Gaming Association (CNIGA); the California Tribal Chairperson’s Association (CTCA); the Great Plains Tribal Chairmen’s Association, Inc. (GPTCA); the Inter Tribal Association of Arizona, Inc. (ITAA); the Inter-Tribal Council of the Five Civilized Tribes (ITCFCT); the Midwest Alliance of Sovereign Tribes (MAST); the National Indian Gaming Association (NIGA); and the United South and Eastern Tribes Sovereignty Protection Fund (USET SPF).
If the motion is approved, the Indian Country organizations will be allowed to submit the brief in the case, which was filed by six tribal governments last week.
Final briefs from the tribal plaintiffs and from the federal government are due ahead of a videoconference hearing on the afternoon of April 23. The outcome will impact how the Trump administration distributes the $8 billion fund — payments are supposed to be made as soon as April 24.
Indianz.Com reported on April 21 that the Department of Treasury had not yet determined how to distribute the funds.
MOTION OF NATIONAL CONGRESS OF AMERICAN INDIANS; AFFILIATED TRIBES OF NORTHWEST INDIANS; ARIZONA INDIAN GAMING ASSOCIATION; CALIFORNIA NATIONS INDIAN GAMING ASSOCIATION; CALIFORNIA TRIBAL CHAIRPERSON’S ASSOCIATION; GREAT PLAINS TRIBAL CHAIRMEN’S ASSOCIATION, INC.; INTER TRIBAL ASSOCIATION OF ARIZONA, INC.; INTER- TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES; NATIONAL INDIAN GAMING ASSOCIATION; MIDWEST ALLIANCE OF SOVEREIGN TRIBES; ALL PUEBLO COUNCIL OF GOVERNORS; AND UNITED SOUTH AND EASTERN TRIBES SOVEREIGNTY PROTECTION FUND FOR LEAVE TO FILE AMICUS BRIEF IN SUPPORT OF PLAINTFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: https://indianz.com/covid19/wp-content/uploads/2020/04/indiancountryorganizations.pdf