Term: 2020
Docket: 20-543
Yellen v. Confederated Tribes Of The Chehalis Reservation
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20-543 YELLEN V. CONFEDERATED TRIBES DECISION BELOW: 976 F.3d 15 CONSOLIDATED WITH 20-544 FOR ONE HOUR ORAL ARGUMENT. CERT. GRANTED 1/8/2021 QUESTION PRESENTED: In the Coronavirus Aid, Relief, and Economic Security or CARES Act, Congress directed the Secretary of the Treasury to disburse $8 billion of relief funds “to Tribal governments.” Pub. L. No. 116-136, Div. A, Tit. V,§ 5001(a), 134 Stat. 501-502 (42 U.S.C. 801(a)(2)(B)). The CARES Act defines a “Tribal government” as “the recognized governing body of an Indian Tribe,” 42 U.S.C. 801(g)(5), and provides that “[t]he term ‘Indian Tribe’ has the meaning given that term in” the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. 5301 et seq. 42 U.S.C. 801(g)(1). ISDA, in turn, defines “Indian tribe” to mean “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 question presented is as follows: Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1). LOWER COURT CASE NUMBER: 20-5204, 20-5205, 20-5209
In the case of Yellen v. Confederated Tribes of the Chehalis Reservation, 2020, the U.S Supreme Court was tasked with determining whether Alaska Native Corporations (ANCs), which are for-profit corporations that serve Alaskan Natives, qualify as "Indian tribes" under Indian Self-Determination and Education Assistance Act (ISDA). This classification would make ANCs eligible to receive funding from a $8 billion allocation in the Coronavirus Aid, Relief and Economic Security Act (CARES) set aside for tribal governments. The court ruled in favor of including ANCs within this definition based on ISDA's language and history. They concluded that Congress included ANCs within its definition when it passed ISDA in 1975; therefore they should be considered eligible to access CARES Act funds intended for tribal governments.
In the dissenting opinion for Yellen v. Confederated Tribes of the Chehalis Reservation, Justice Sotomayor argued that Alaska Native Corporations (ANCs) should not be eligible to receive funds from the Coronavirus Aid, Relief, and Economic Security Act's (CARES Act) $8 billion tribal government set-aside because they do not meet the statutory definition of "Indian tribe." She contended that ANCs are established under state law rather than recognized as sovereign entities by federal law or treaties. The majority's interpretation would allow these corporations to access a significant portion of relief funds intended for federally recognized tribes facing public health emergencies. This decision could potentially divert resources away from those who need it most - actual Indian tribes suffering due to COVID-19 pandemic.
