Yellen v. Confederated Tribes of the Chehalis Reservation
Issues
Are Alaska Native Regional Corporations and Alaska Native Village Corporations considered “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act?
This case asks whether the Alaska Native Corporations (“ANCs”) are entitled to relief provided to “Indian Tribes” under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act incorporates the definition of “Indian tribe[s]” from the Indian Self-Determination and Education Assistance Act. Petitioners U.S. Treasury and ANCs argue that Congress expressly included the Alaska Native Corporations in the definition of Indian tribes and that the plain-meaning of the term “recognition” in the statute supports this inclusion. Respondent Confederated Tribes of the Chehalis Reservation and Ute Indian Tribe of the Uintah and Ouray Reservation argue that the ANCs do not qualify as Indian tribes because they are not formally recognized by a governmental authority or Congress as a sovereign tribe. The Supreme Court’s decision will impact the ability of Alaska Native Corporations to access funding through federal programs.
Questions as Framed for the Court by the Parties
Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the Coronavirus Aid, Relief, and Economic Security Act.
In March of 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to provide financial relief from the effects of the Covid-19 pandemic. Confederated Tribes v.
Edited by
Additional Resources
- Felicia Fonseca, US Supreme Court to Hear Case on Whether Alaska Native Corporations Get Virus Aid for Tribes, Anchorage Daily News (Jan. 12, 2021).
- Jenna Kunze, U.S. Supreme Court to Review Whether Alaska Native Corporations Should Get Covid-19 Aid, Native News Online (Jan. 13, 2021).
- Jonathan Nicholson, COVID Relief Bill Reopens Dispute Over Alaskan Native Aid That Irked Murkowski, MarketWatch (Mar. 5, 2021).
- Mark Walker & Emily Cochrane, Tribal Communities Set to Receive Big New Infusion of Aid, New York Times (Mar. 18, 2021).