Author: Kate E. Fort

Sensitive Tribal Data Related to CARES Applications Released

Kate Fort

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).

NCAI

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.

Southern Ute

Thanks to CW for the Southern Ute info via FB.

Responses to ANC’s Accessing the Corona Virus Relief Funds Intended for Tribal Governments

Kate Fort

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.]

Kate Fort

Here.

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

Kate Fort

Here

NN_Donations

Politico Article on ANCs and Federal Relief Funding

Kate Fort

Here.

NAICJA Webinar Tomorrow (Thursday! Tomorrow is Thursday. We Checked.)

Kate Fort

Self-Care Webinar wLINK

How are you doing

Register for Webinar Here:  https://zoom.us/webinar/register/WN_seTZTeVqROaj4uGXI3VOXA

CB Letter to State and Tribal Leaders Regarding Families First and Kinship Funding

Kate Fort

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.

Proposed Pro Hac Vice Rule Change for ICWA Cases in Utah

Kate Fort

Please comment here by MAY 22.

Here is the proposed rule.

This is a big deal. Utah is a particularly difficult state to pro hac into–it is a multi-step, long and expensive process.

As always, the ICWA pro hac rules are updated here.

TLPI Tribal Healing to Wellness Court Webinar during the Pandemic

Kate Fort

Here

Fri, Apr 10, 2020 1:00 PM – 3:00 PM EDT

The Tribal Law and Policy Institute (TLPI) in partnership with the Center for Court Innovation (CCI) will host a webinar providing guidance for Tribal Healing to Wellness Court programs in adapting treatment court operations during the COVID-19 crisis. A panel of Healing to Wellness Court practitioners will share how they have modified program operations in response to tribal, federal, state, and local mandates.

The webinar is scheduled for 2 hours: – For the first 30 minutes, the Tribal Law and Policy Institute and Center for Court Innovation staff will present information on priority responses to COVID-19, the use of technology, and Bureau of Justice Assistance (BJA) grant updates related to COVID-19; – The following 60 minutes will be reserved for panelists to share their experiences and program modifications related to court operations, treatment services, client engagement, and communication; – The last 30 minutes will be reserved for questions from webinar participants directed to panelists; – Unanswered questions will be used to inform a follow-up online event to provide a more in-depth sharing of modified Wellness Court practices as a result of the COVID-19 crisis.

Parenting Time in Michigan during Pandemic

Kate Fort

Adding this to the Covid Child Welfare page, but this is very distressing. I’m also not sure how states are allowing co-parenting plans to continue, but denying any in person parenting time. There’s no easy answer, but this is heartbreaking.