Turtle Talk

Sensitive Tribal Data Related to CARES Applications Released

April 18, 2020April 18, 2020Kate 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.

NYTs: Land O’Lakes To Remove Indian Maiden Mascot/Logo from Its Butter

April 18, 2020Matthew L.M. Fletcher

Here is “Land O’Lakes Removes Native American Woman From Its Products.”

Harvard Law Review Profile of Native Hawaiian Land Restitution

April 18, 2020Matthew L.M. Fletcher

The Harvard Law Review has published Developments in the Law — “Aloha ‘Āina: Native Hawaiian Land Restitution.”

An excerpt:

Mauna Kea is just one recent case in Hawaiian history that betrays a restitution claim. This Chapter argues that the lands of the Hawaiian Kingdom unjustly enriched the United States when the Kingdom was overthrown, and that the State of Hawai‘i benefited from the same when it was admitted into the Union. The wealth accrued due to the possession of this land has continued to unjustly enrich these governments. Courts should recognize a restitution remedy for Native Hawaiians seeking their rights to these lands.

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

April 17, 2020April 17, 2020Kate Fort

ETA: Yakima Nation: Letter_YN_US_Removal of Tara Sweeney (4.17.20)

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.

Federal Circuit Decides Inter-Tribal Council of Arizona Inc. v. United States [trust breach re: Phoenix Indian School]

April 17, 2020Matthew L.M. Fletcher

Here is the opinion.

Briefs and lower court materials here.

Chehalis Tribe et al v. Mnuchin Complaint for Injunctive Relief re ANCs and Relief Funds [Federal District Court D.C.]

April 17, 2020April 20, 2020Kate 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