SCOTUS to decide ANC’s CARES funds

The Treasury Dept. argued its case before the Supreme Court on April 19 on why the government believes a portion of the $8 billion in CARES Act COVID-19 relief funds designated for Indian tribes should go to for-profit Alaska Native Corporations (ANCs).

      At the same time, tribal representatives presented their evidence before the court indicating why they believe Congress meant those funds to go to tribal governments exclusively and not to ANCs.

      The case is difficult because of the complexities of the laws that govern federal relationships with Indian tribes, especially in Alaska. Congress applied a unique legal approach to create the ANCs in 1971, alongside longstanding federally-recognized tribes. Since then, the ANCs have become very active in federal contracting, especially in the 8(a) program.

      The consequence of that dual approach in Alaska has been many complications on interpreting various laws.

      The current case, at its heart, is an argument over what Congress intended in its wording over the provision of the $8 billion for tribes in the CARES Act.

      The Treasury Dept. said it would share the funding between tribal governments and ANCs.

      Six federally-recognized tribes in Alaska and 12 such tribes in other states filed a lawsuit in US District Court for DC, asserting that ANCs are not Indian tribes as defined in the CARES Act.

      The tribal governments lost their case in the US District Court. The U.S. Court of Appeals for the District of Columbia reversed that decision, ruling that ANCs are not eligible for funding under the CARES Act because they are not recognized as Indian tribes.

      The Treasury Dept. then took their case to the Supreme Court, which heard oral arguments. Legal observers say the arguments in the case focused on the text of the CARES legislation and of other laws, and also on possible consequences to other tribal programs of rulings either for or against ANC inclusion.

More information:
Supreme Court docket:https://bit.ly/2SoEYA7
SCOTUS blog:https://bit.ly/338qLcH

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