the List of federally recognized tribes which the Secretary publishes should reflect all of the federally recognized Indian tribes in the United States which are eligible for the special programs and services provided by the United States to Indians because of their status as Indians . Public Law 103-454, § 103(8), Nov. __, 1994, __ Stat. __, codified at 25 U.S.C. § 5130 note (emphasis added). The CARES Act allows for distributions to Tribal governments. The CARES Act defines “Tribal government” as the “recognized governing body of an Indian Tribe.” In Alaska, the only Indian Tribes are Alaska Native villages and the only Tribal governments are the governing bodies of Alaska Native villages. They are listed on the Department of the Interior’s List of Federally- Recognized Tribes. See Dept. of Interior, Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs , 85 Fed. Reg. 5,462 (Jan. 30, 2020). ANCs are state-chartered, for-profit corporations that were created pursuant to the Alaska Native Claims Settlement Act (ANCSA) of 1971 to receive and manage settlement funds and lands on behalf of their shareholders, who are members of Alaska Native villages. ANCs are not on the Secretary’s list of federally-recognized Indian Tribes. Please do not allow Alaska Native Corporations (ANCs) to be included as Tribal governments under the Coronavirus Relief Fund (CRF) contrary to the plain statutory language. That would allow for double or triple counting of Alaska Natives since members of federally-recognized Alaska Native villages are typically shareholders in both Alaska Native Village Corporations and Alaska Native Regional Corporations. The CARES Act and the List Act use the same operative statutory language. Compare the statutory language: “Any Indian tribe [or other entity] … 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), incorporated by CARES Act § 601(g)(1). “The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ” List Act, 25 U.S.C. § 5131. The CARES Act should be read and construed in pari materia with the List Act The distinction between Alaska Native tribal villages and ANCSA regional or village corporations is that Alaska Native tribal villages exercise sovereign governmental authority over their citizens, possess a government-to-government relationship with the United States, and are “Tribal governments” under Section 601 of the CARES Act. In contrast, Alaska regional or village corporations are businesses incorporated under Alaska state law that do not have a political relationship with the federal government. They are not “Tribal governments” under Section 601. Indian Country and Indian Lands Comprise the “Land Base” of Indian Nations As the Supreme Court has explained, “It must always be remembered that … Indian tribes were once independent and sovereign nations, and that their … sovereignty long predates that of our own Government.” McClanahan v. Arizona Tax Comm’n , 411 U.S. 164, 172 (1973). The U.S. Constitution acknowledges Indian tribes as prior sovereigns in the Treaty, Supremacy and Commerce Clauses. Indian citizens are acknowledged explicitly as “Indians not taxed” in the Apportionment Clauses in Article I and the Fourteenth Amendment. The primary allegiance of
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