Appeals Court Rules ANC’s Not Eligible to Receive CARES Act Funding >>

September 28th, 2020

Appeals Court Rules ANC’s Not Eligible to Receive CARES Act Funding

Today, the DC Circuit Court of Appeals ruled in the Chehalis v. Mnuchin case that Alaska Native Corporations (ANC’s) are not eligible to receive funding from the CARES Act Title V – Coronavirus Relief Fund, overturning the District Court decision. The Appeals Court ruled that “ANCs are eligible for Title V funding only if they qualify as an “Indian tribe” under ISDA,” however “[b]ecause no ANC has been federally “recognized” as an Indian tribe, as the recognition clause requires, no ANC satisfies the ISDA definition.” Thus, the Appeals Court found that ANC’s are ineligible to receive funding under Title V of the CARES Act, because they are not federally recognized as tribes. It is not clear at this point if Treasury or the ANC’s will pursue further litigation.

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