Dear Secretary Mnuchin and Secretary Bernhardt:
We write to you today in response to the numerous concerns that we have heard from leaders of the 574 federally-recognized tribal governments regarding the Coronavirus Relief Fund (CRF) established under Title V of the Coronavirus Aid, Relief, and Economic Security (CARES) Act following the U.S. District Court for the District of Columbia's Order that was issued on April 27, 2020 enjoining the Treasury Department from disbursing CRF funding to Alaska Native Corporations (ANCs).
Congress designated $8 billion from the CRF established in the CARES Act to ensure sovereign tribal
governments have the resources needed during the COVID-19 pandemic to cover expenditures associated with the public health emergency. As you are aware, the detrimental impacts of the COVID-19 pandemic have had a disproportionate health care and economic impact on federally recognized tribes due a chronic lack of essential resources.
The Congressional intent behind the CRF is to expedite relief funds to governments, including sovereign tribal governments, as part of the federal government's larger initiative to provide emergency assistance throughout the country. As you are aware, the CARES Act was passed over a month ago, on March 27, 2020, yet this funding has yet to be disbursed to tribal governments, in part due to litigation aimed at ensuring these resources go to the governmental entities that Congress intended. While the U.S. District Court for the District of Columbia issued its decision yesterday to place a temporary injunction from releasing funds to ANCs until a final decision is rendered, the Court's decision does not prevent the Treasury Department from releasing resources to federally-recognized Tribal and Alaska Native governments.
Thus, we respectfully request the Treasury Department immediately begin to disburse the $8 billion
of Coronavirus Relief Funds to eligible federally recognized tribal governments in compliance with
the intended purpose of the COVID-19 relief funds and in recognition of the negative impact that
every day of delay has on Tribes. Further postponement in disbursing these funds is unnecessary and
works against the federal government's trust responsibility to the 574 federally recognized tribal nations in the United States.