Janet L. Yellen, Secretary of the Treasury v. Confederated Tribes of the Chehalis Reservation, et al.
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are 'Indian Tribe[s]' for purposes of the CARES Act, 42 U.S.C. 801(g)(1)
QUESTION PRESENTED In the Coronavirus Aid, Relief, and Economic Security or CARES Act, Congress directed the Secretary of the Treasury to disburse $8 billion of relief funds “to Tribal governments.” Pub. L. No. 116-186, Div. A, Tit. V, § 5001(a), 184 Stat. 501-502 (42 U.S.C. 801(a)(2)(B)). The CARES Act defines a “Tribal government” as “the recognized governing body of an Indian Tribe,” 42 U.S.C. 801(g)(5), and provides that “[t]he term ‘Indian Tribe’ has the meaning given that term in” the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. 5301 et seg. 42 U.S.C. 801(g)(1). ISDA, in turn, defines “Indian tribe” to mean “any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act * * * which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” 25 U.S.C. 5304(e). The question presented is as follows: Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1). (I)