All comments are welcome, but they are particularly helpful from attorneys who are licensed out of state who end up in Arizona on ICWA cases. I know there are a fair number of you!
Author: Kate Fort
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Sensitive Tribal Data Related to CARES Applications Released
We aren’t reporters, so this is a tough one to follow, but with NCAI’s statement, as well as that of Southern Ute, we are posting it. To answer one question I saw online, while this is related to the issues with the ANC’s accessing the CARES funding, in that it seems those who applied and the data they provided has now been “leaked”, this is not related to lawsuit filed Friday (as far as we know).
WASHINGTON, D.C. | The National Congress of American Indians (NCAI) is extremely disappointed and disturbed by the release of sensitive information that tribal governments and other entities submitted to the U.S. Department of the Treasury related to CARES Act Coronavirus Relief Funds. This release of sensitive information comes at a time when tribal governments are in dire need of resources to respond to and recover from the coronavirus (COVID-19) pandemic. NCAI demands a full and swift investigation into the source of the data breach.
Thanks to CW for the Southern Ute info via FB.
Responses to ANC’s Accessing the Corona Virus Relief Funds Intended for Tribal Governments
ETA: Yakima Nation: Letter_YN_US_Removal of Tara Sweeney (4.17.20)
Previous post:
Indian Country Today Coverage
Senator Udall: 2020-04-14 LETTER Treasury DOI CARES Act Title V Relief Fund Congressional Intent
Title V of the CARES Act limits eligibility for the Tribal portion of the CRF specifically to Tribal governments to ensure parity between states, territories, and Tribes. A Tribal government is the recognized governing body of a federally-recognized Indian Tribe that has a political relationship with the federal government; the law acknowledges this sovereign status and refers to Tribal governments alongside states and other units of local government throughout Title V. 1 Thus, the letter and the spirit of Title V’s purpose – to provide economic stabilization of state, local, territorial, and Tribal governments impacted by COVID-19 so that they can continue essential government services – supports this conclusion. Non-governmental Tribal entities may well warrant relief under other CARES Act programs, but this funding in this title was intended for Tribal governments and should not be diverted. Any other interpretation would be contrary to congressional intent and an affront to the Indian canon of statutory construction that requires statutes to be construed favorably to Tribes’ benefit.
Great Plains Tribal Chairmen’s Association: GPTCA Letter Sweeney (V. 3)
We write to request that you call upon President Trump to remove Tara Sweeney as Assistant Secretary for Indian Affairs. She has lost the confidence of Indian tribes. Charged with a large public trust, she unfairly sought to divert emergency Tribal Government resources to state-chartered, for-profit corporations owned by Alaska Native shareholders, including her and her family.
Further, she seeks to deny the very existence of Indian country. Alaska Natives know that the Alaska Native villages are tribal governments; state chartered Alaska Native corporations (“ANCs”) are not. Alaska Native village leaders, tribal government leaders, often clash with the ANC Corporate leaders because the corporations do not provide revenues to the tribal governments. We see it at our national meetings.
Chehalis Tribe et al v. Mnuchin Complaint for Injunctive Relief re ANCs and Relief Funds [Federal District Court D.C.]
Plaintiffs Confederated Tribes of the Chehalis Reservation (“Chehalis”), Tulalip Tribes (“Tulalip”), Houlton Band of Maliseet Indians (“Houlton Band”), Akiak Native Community (“Akiak”), Asa’carsarmiut Tribe (“Asa’carsarmiut”) and Aleut Community of St. Paul Island (“ACSPI”), federally recognized Indian Tribal governments
Official Navajo Nation Relief Fund and Donation Site
Politico Article on ANCs and Federal Relief Funding
Here.
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CB Letter to State and Tribal Leaders Regarding Families First and Kinship Funding
Child-Welfare-Leader-letter-on-Kinship-Nav-and-Transition-Grant-flexibilities-002
The Family First Transition Act authorized and appropriated $500 million for this new one-time grant to assist with implementation of FFPSA and other child welfare activities. The funding is available to all states, territories and tribes approved to receive grants * * * in light of the current public health emergency and the increased burdens facing child welfare agencies, the Children’s Bureau has determined that we will not require a separate application for this funding. Instead, the Administration for Children and Families (ACF) will proceed to make awards to all eligible grantees as soon as possible. Acceptance of the grant by the agency will indicate its agreement to provide required programmatic and financial reports.
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