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Notice of Production of Administrative Record — Shawnee Tribe v. Yellen (D.D.C., Doc. 61)

Summary

A Notice of Production of Administrative Record filed March 3, 2021 as Document 61 in The Shawnee Tribe v. Janet Yellen, Secretary of the Treasury, et al., Case No. 20-cv-1999, in the United States District Court, District of Columbia. Consistent with the Court's instruction during the February 25, 2021 teleconference, Defendants give notice that an administrative record has been produced to Plaintiffs, with the Index of the Contents of the Administrative Record and a certification appended. The certification of Michelle A. Dickerman, Deputy Assistant General Counsel at the United States Department of the Treasury, dated March 3, 2021, states that the documents reflect non-privileged information considered by Treasury in establishing the methodology identified in the May 5, 2020 guidance memorandum.

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“Notice of Production of Administrative Record — Shawnee Tribe v. Yellen (D.D.C., Doc. 61).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/notice-other-shawnee-tribe-v-mnuchin-later-v-yellen-no-1-20-cv-01999-d-dab6948cc6/, SHA-256 93ad14480fab01c5f6922e5bf1d995e2343e11f27a3ec60f2169195e23fb2d28.

Full text

            Case 1:20-cv-01999-APM Document 61 Filed 03/03/21 Page 1 of 4




                            UNITED STATES DISTRICT COURT
                                DISTRICT OF COLUMBIA

 THE SHAWNEE TRIBE,

                       Plaintiff,

        v.
                                                           Case No. 20-cv-1999
 JANET YELLEN, in her official capacity as
 Secretary of the Treasury, et al.,

                       Defendants.



               NOTICE OF PRODUCTION OF ADMINISTRATIVE RECORD

       Consistent with the Court’s instruction during the February 25, 2021 teleconference,

Defendants hereby give notice that it has produced an administrative record to Plaintiffs, and have

appended the Index of the Contents of the Administrative Record, along with a certification

herewith.


Dated: February 3, 2021                              Respectfully submitted,


                                                     BRIAN BOYNTON
                                                     Acting Assistant Attorney General

                                                     ERIC WOMACK
                                                     Assistant Branch Director

                                                     /s/ Kuntal Cholera
                                                     Kuntal V. Cholera
                                                     Jason C. Lynch
                                                     Trial Attorney
                                                     United States Department of Justice
                                                     Civil Division, Federal Programs Branch
                                                     1100 L Street NW, Rm. 11214
                                                     Washington, DC 20005
                                                     Tel: (202) 514-1359
                                                     Email: kuntal.cholera@usdoj.gov



                                                1
Case 1:20-cv-01999-APM Document 61 Filed 03/03/21 Page 2 of 4




                                  Attorneys for Defendants




                              2
                   Case 1:20-cv-01999-APM Document 61 Filed 03/03/21 Page 3 of 4


                                     UNITED STATES DISTRICT COURT
                                     FOR THE DISTRICT OF COLUMBIA



THE SHAWNEE TRIBE,


                        Plaintiff,


       v.
                                                           Case No. 20-cv-1999


JANET YELLEN, in her official capacity as
Secretary of the Treasury, et al.,


                        Defendant.



                                             Administrative Record Index
                             Shawnee Tribe v. Yellen, Case No. 1:20-cv-01999 (D.D.C.)
      Document            Date                   Subject/Title                   Author              Recipient
        Data            May 2019     FY 2020 Indian Housing Block             Department of           Public
                                     Grant (IHGB) Estimate Allocation      Housing and Urban
1                                    Formula Area                          Development (HUD)
2       Data          February 2020 FY 2020 IHBG Final Allocation                 HUD                  Public
        Letter          3/31/2020    All-Tribes Consultation Call re      Assistant Secretary of   Tribal Leaders
                                     CARES Act Title VI, Coronavirus      the Department of the
                                     Relief Fund                                Interior’s
                                                                            Bureau of Indian
3                                                                             Affairs (BIA)
      Transcript        4/2/2020     CARES Act Title VI, Coronavirus               BIA                 [N/A]
4                                    Relief Fund Tribal Consultation
        Report         On or about   Coronavirus Relief Fund (CRF)                 BIA                Treasury
                       04/07/2020    Summary of Tribal Comments
5
    Memorandum         05/05/2020     Allocation of Payments to Indian       Counselor to the      Secretary of the
6                                     Tribes                                    Secretary             Treasury
       Website         05/05/2020     CRF Allocations to Tribal                 Treasury               Public
7      posting                        Governments
         Case 1:20-cv-01999-APM Document 61 Filed 03/03/21 Page 4 of 4




                            UNITED STATES DISTRICT COURT
                                DISTRICT OF COLUMBIA

 THE SHAWNEE TRIBE,

                        Plaintiff,

        v.
                                                               Case No. 20-cv-1999
 JANET YELLEN, in her official capacity as
 Secretary of the Treasury, et al.,

                        Defendants.
                   CERTIFICATION OF ADMINISTRATIVE RECORD
I, Michelle A. Dickerman, declare as follows:

   1. I currently serve as Deputy Assistant General Counsel (Litigation, Oversight, and
      Financial Stability) at the United States Department of the Treasury (Treasury). In this
      capacity I manage a variety of litigation and government oversight matters, including
      matters related to Title V of the Coronavirus Aid, Relief, and Economic Security Act
      (CARES Act).

   2. I am authorized to make this declaration and do so on the basis of information made
      available to me in my official capacity.

   3. The documents annexed hereto reflect, to the best of my knowledge and based on
      reasonable internal inquiries, non-privileged information considered by Treasury in
      establishing the methodology identified in its May 5, 2020 guidance memorandum titled
      “Coronavirus Relief Fund Allocations to Tribal Governments.” Treasury intends to
      promptly supplement these documents with certain information provided to Treasury by
      Tribal Governments, once Treasury has had an opportunity to prepare this information
      for production.

I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge, information, and belief.
Dated: March 3, 2021
Washington, D.C.
                                      Michelle A. Dickerman Digitally signed by Michelle A. Dickerman
                                      __________________________________________
                                                            Date: 2021.03.03 17:47:34 -05'00'

                                      Michelle A. Dickerman
                                      Deputy Assistant General Counsel
                                      (Litigation, Oversight, and Financial Stability)
                                      United States Department of the Treasury
                                      1500 Pennsylvania Ave., NW
                                      Washington, D.C. 20220


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