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Statutory Interpretation – CARES Act – Indian Tribe

By: Derek Hawkins//September 16, 2021//

Statutory Interpretation – CARES Act – Indian Tribe

By: Derek Hawkins//September 16, 2021//

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United States Supreme Court

Case Name: Janet L. Yellen, et al., Confederated Tribes of the Chehalis Reservation, et al.,

Case No.: 20-543; 20-544

Focus: Statutory Interpretation – CARES Act – Indian Tribe

In March 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, 134 Stat. 281. Title V of the Act allocates $8 billion of monetary relief to “Tribal governments.” 134 Stat. 502, 42 U. S. C. §801(a)(2)(B). Under the CARES Act, a “Tribal government” is the “recognized governing body of an Indian tribe” as defined in the Indian Self-Determination and Education Assistance Act (ISDA). §§801(g)(5), (1). ISDA, in turn, defines an “Indian tribe” as “any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act[,] 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).

The Department of the Treasury asked the Department of the Interior, the agency that administers ISDA, whether Alaska Native Corporations (ANCs) meet that definition. Consistent with its longstanding view, the Interior Department said yes. The Treasury Department then set aside approximately $500 million of CARES Act funding for the ANCs. The question presented is whether ANCs are “Indian tribe[s]” under ISDA, and are therefore eligible to receive the CARES Act relief set aside by the Treasury Department. The Court holds that they are.

Reversed and remanded

Dissenting: GORSUCH, J., filed a dissenting opinion, in which THOMAS and KAGAN, JJ., joined.

Concurring:

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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