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Home Source documents Transmission of Notice of Appeal and Docket Sheet to USCA, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 117 (July 15, 2020)

Transmission of Notice of Appeal and Docket Sheet to USCA, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 117 (July 15, 2020)

Summary

Docket sheet for Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, Case No. 1:20-cv-01002-APM, in the U.S. District Court for the District of Columbia, filed July 15, 2020 as Document 117. The docket header shows the case assigned to Judge Amit P. Mehta, a date filed of 04/17/2020, and USCA case numbers 20-05204 and 20-05205. It lists the plaintiff tribes and communities, among them the Tulalip Tribes and the Aleut Community of St. Paul Island, with their counsel. The document closes with the conclusion of a Memorandum Opinion dated June 26, 2020 that grants the Secretary's and Defendant-Intervenors' Motions for Summary Judgment and denies Plaintiffs' Motions for Summary Judgment.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Transmission of Notice of Appeal and Docket Sheet to USCA, Confederated Tribes of the Chehalis Reservation et al. v. Mnuchin, No. 1:20-cv-01002 (D.D.C.), Doc. 117 (July 15, 2020).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/transmission-of-notice-of-appeal-and-docket-sheet-to-usca-confederated-901e1e0f81/, SHA-256 3dc5610686027979dde08875c65226762f98c2f5f3d2f609b36fe4f2a5c46ecf.

Full text

      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 1 of 76


                                                                        APPEAL,CONSOL,TYPE−E
                                U.S. District Court
                     District of Columbia (Washington, DC)
               CIVIL DOCKET FOR CASE #: 1:20−cv−01002−APM

CONFEDERATED TRIBES OF THE CHEHALIS                         Date Filed: 04/17/2020
RESERVATION et al v. MNUCHIN                                Jury Demand: None
Assigned to: Judge Amit P. Mehta                            Nature of Suit: 899 Administrative
 Cases: 1:20−cv−01059−APM                                   Procedure Act/Review or Appeal of
          1:20−cv−01070−APM                                 Agency Decision
                                                            Jurisdiction: U.S. Government Defendant
          1:20−cv−01491−APM
Case in other court: USCA, 20−05204
                     USCA, 20−05205
Cause: 05:0706 Judicial Review of Agency Actions
Plaintiff
CONFEDERATED TRIBES OF THE                    represented by Nicole E. Ducheneaux
CHEHALIS RESERVATION                                         Big Fire Law & Policy Group LLP
                                                             1404 Fort Crook Road South
                                                             Bellevue, NE 68005
                                                             United Sta
                                                             531−466−8725
                                                             Email: nducheneaux@bigfirelaw.com
                                                             LEAD ATTORNEY
                                                             ATTORNEY TO BE NOTICED

                                                            Riyaz A. Kanji
                                                            KANJI & KATZEN, PLLC
                                                            303 Detroit Street
                                                            Suite 400
                                                            Ann Arbor, MI 48104
                                                            (734) 769−5400
                                                            Fax: (734) 769−2701
                                                            Email: rkanji@kanjikatzen.com
                                                            ATTORNEY TO BE NOTICED

Plaintiff
TULALIP TRIBES                                represented by Nicole E. Ducheneaux
                                                             (See above for address)
                                                             LEAD ATTORNEY
                                                             ATTORNEY TO BE NOTICED

                                                            Riyaz A. Kanji
                                                            (See above for address)
                                                            ATTORNEY TO BE NOTICED

Plaintiff
HOULTON BAND OF MALISEET                      represented by Nicole E. Ducheneaux


                                                                                                      1
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 2 of 76


INDIANS                                          (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
AKIAK NATIVE COMMUNITY               represented by Nicole E. Ducheneaux
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 William Kenneth Walker
                                                 WALKER REAUSAW
                                                 800 Connecticut Ave. NW #300
                                                 Ste 800
                                                 20006
                                                 Washington, DC 20006
                                                 202−857−7910
                                                 Fax: 202−857−7910
                                                 Email: wkw@att.net
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
ASA'CARSARMIUT TRIBE                 represented by Nicole E. Ducheneaux
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
ALEUT COMMUNITY OF ST. PAUL          represented by Nicole E. Ducheneaux
ISLAND                                              (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff

                                                                                2
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 3 of 76


PUEBLO OF PICURIS                    represented by Nicole E. Ducheneaux
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
ELK VALLEY RANCHERIA,                represented by Nicole E. Ducheneaux
CALIFORNIA                                          (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
SAN CARLOS APACHE TRIBE              represented by Nicole E. Ducheneaux
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
QUINAULT INDIAN NATION               represented by Nicole E. Ducheneaux
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 ATTORNEY TO BE NOTICED

Plaintiff
NAVAJO NATION                        represented by Nicole E. Ducheneaux
                                                    (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                 Wesley James Furlong
                                                 NATIVE AMERICAN RIGHTS FUND
                                                 745 w. 4th Avenue
                                                 Suite 502
                                                 Anchorage, AK 99501


                                                                               3
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 4 of 76


                                                  907−276−0680
                                                  Fax: 907−276−2466
                                                  Email: wfurlong@narf.org
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                  Paul W. Spruhan
                                                  NAVAJO NATION DEPARTMENT OF
                                                  JUSTICE
                                                  P.O. Box 2010
                                                  Window Rock, AZ 86515
                                                  (928) 871−6210
                                                  Email: pspruhan@nndoj.org
                                                  ATTORNEY TO BE NOTICED

                                                  Riyaz A. Kanji
                                                  (See above for address)
                                                  ATTORNEY TO BE NOTICED

Plaintiff
CHEYENNE RIVER SIOUX TRIBE           represented by Nicole E. Ducheneaux
20−cv−01059                                         (See above for address)
                                                    LEAD ATTORNEY
                                                    ATTORNEY TO BE NOTICED

                                                  Riyaz A. Kanji
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                  Wesley James Furlong
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                  Rose Michele Weckenmann
                                                  BIG FIRE LAW & POLICY GROUP
                                                  1404 Fort Crook Road South
                                                  68005
                                                  Bellevue, NE 68005
                                                  531−466−8725
                                                  Fax: 531−466−8792
                                                  Email: rweckenmann@bigfirelaw.com
                                                  PRO HAC VICE
                                                  ATTORNEY TO BE NOTICED

Plaintiff
OGLALA SIOUX TRIBE                   represented by Jennifer Bear Eagle
20−cv−01059                                         OGLALA SIOUX TRIBE
                                                    P.O. Box 1204
                                                    Pine Ridge, SD 57770


                                                                                      4
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 5 of 76


                                                402−617−3553
                                                Fax: 605−867−2140
                                                Email: JenniferBE@ostlegal.org
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

                                                Nicole E. Ducheneaux
                                                (See above for address)
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

                                                Riyaz A. Kanji
                                                (See above for address)
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

                                                Wesley James Furlong
                                                (See above for address)
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

Plaintiff
ROSEBUD SIOUX TRIBE                  represented by Matthew Newman
20−cv−01059                                         NATIVE AMERICAN RIGHTS FUND
                                                    745 w. 4th Avenue
                                                    Suite 502
                                                    Anchorage, AK 99501
                                                    907−276−0680
                                                    Email: mnewman@narf.org
                                                    LEAD ATTORNEY
                                                    PRO HAC VICE
                                                    ATTORNEY TO BE NOTICED

                                                Megan Rachel Condon
                                                NATIVE AMERICAN RIGHTS FUND
                                                745 w. 4th Avenue
                                                Suite 502
                                                Anchorage, AK 99501
                                                303−246−7023
                                                Email: mcondon@narf.org
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

                                                Natalie A. Landreth
                                                NATIVE AMERICAN RIGHTS FUND
                                                745 w. 4th Avenue
                                                Suite 502
                                                Anchorage, AK 99501
                                                (907) 276−0680
                                                Fax: (907) 276−2466
                                                Email: landreth@narf.org
                                                LEAD ATTORNEY

                                                                                  5
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 6 of 76


                                                 ATTORNEY TO BE NOTICED

                                                 Nicole E. Ducheneaux
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 Riyaz A. Kanji
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 Wesley James Furlong
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

Plaintiff
NONDALTON TRIBAL COUNCIL             represented by Matthew Newman
20−cv−01059                                         (See above for address)
                                                    LEAD ATTORNEY
                                                    PRO HAC VICE
                                                    ATTORNEY TO BE NOTICED

                                                 Nicole E. Ducheneaux
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 Wesley James Furlong
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

Plaintiff
ARTIC VILLAGE COUNCIL                represented by Matthew Newman
20−cv−01059                                         (See above for address)
                                                    LEAD ATTORNEY
                                                    PRO HAC VICE
                                                    ATTORNEY TO BE NOTICED

                                                 Nicole E. Ducheneaux
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 Wesley James Furlong
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED



                                                                              6
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 7 of 76


Plaintiff
NATIVE VILLAGE OF VENETIE            represented by Matthew Newman
TRIBAL GOVERNMENT                                   (See above for address)
20−cv−01059                                         LEAD ATTORNEY
                                                    PRO HAC VICE
                                                    ATTORNEY TO BE NOTICED

                                                  Nicole E. Ducheneaux
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                  Wesley James Furlong
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Plaintiff
UTE TRIBE OF THE UINTAH AND          represented by Frances C. Bassett
OURAY INDIAN RESERVATION                            PATTERSON EARNHART REAL BIRD
20−cv−01070                                         & WILSON LLP
                                                    357 S. McCaslin Blvd.
                                                    Suite 200
                                                    Louisville, CO 80027
                                                    303−926−5292
                                                    Fax: 303−926−5293
                                                    Email: fbassett@nativelawgroup.com
                                                    LEAD ATTORNEY
                                                    PRO HAC VICE
                                                    ATTORNEY TO BE NOTICED

                                                  Jeffrey S. Rasmussen
                                                  PATTERSON EARNHART REAL BIRD
                                                  & WILSON LLP
                                                  357 S. McCaslin Blvd.
                                                  Suite 200
                                                  Louisville, CO 80027
                                                  303−926−5292
                                                  Fax: 303−926−5293
                                                  Email: jrasmussen@nativelawgroup.com
                                                  LEAD ATTORNEY
                                                  PRO HAC VICE
                                                  ATTORNEY TO BE NOTICED

                                                  Nicole E. Ducheneaux
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                  Riyaz A. Kanji
                                                  (See above for address)


                                                                                         7
      Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 8 of 76


                                                            LEAD ATTORNEY
                                                            ATTORNEY TO BE NOTICED

                                                            Rollie Wilson
                                                            PATTERSON EARNHART REAL BIRD
                                                            & WILSON LLP
                                                            601 Pennsylvania Ave., NW, South Bldg.
                                                            Suite 900
                                                            Washington, Suite 900
                                                            Washington, DC 20004
                                                            202−340−8232
                                                            Fax: 202−639−8238
                                                            Email: rwilson@nativelawgroup.com
                                                            LEAD ATTORNEY
                                                            ATTORNEY TO BE NOTICED

                                                            Wesley James Furlong
                                                            (See above for address)
                                                            LEAD ATTORNEY
                                                            ATTORNEY TO BE NOTICED

                                                            Jeremy J. Patterson
                                                            PATTERSON EARNHART REAL BIRD
                                                            & WILSON LLP
                                                            357 S. McCaslin Blvd.
                                                            Suite 200
                                                            Louisville, CO 80027
                                                            303−926−5292
                                                            Fax: 303−926−5293
                                                            Email: jpatterson@nativelawgroup.com
                                                            PRO HAC VICE
                                                            ATTORNEY TO BE NOTICED


V.
Defendant
STEVEN MNUCHIN                             represented by Jason C. Lynch
in his official capacity as Secretary of                  U.S. DEPARTMENT OF JUSTICE
U.S. Department of the Treasury                           Federal Programs Branch
                                                          1100 L Street NW
                                                          Washington, DC 20005
                                                          202−514−1359
                                                          Email: Jason.Lynch@usdoj.gov
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED


V.
Intervenor Defendant
AHTNA, INC.                                represented by


                                                                                                     8
     Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 9 of 76


                                                     Jonathan W Katchen
                                                     HOLLAND & HART LLP
                                                     1029 W Third Avenue
                                                     Suite 550
                                                     Anchorage, AK 99501
                                                     907−865−2600
                                                     Email: jwkatchen@hollandhart.com
                                                     LEAD ATTORNEY
                                                     PRO HAC VICE
                                                     ATTORNEY TO BE NOTICED

                                                     Michael J. O'Leary
                                                     HOLLAND & HART LLP
                                                     901 K Street, NW
                                                     Suite 850
                                                     Washington, DC 20001
                                                     202−654−6922
                                                     Email: mjoleary@hollandhart.com
                                                     LEAD ATTORNEY
                                                     ATTORNEY TO BE NOTICED

Intervenor Defendant
ALASKA NATIVE VILLAGE               represented by Daniel W. Wolff
CORPORATION ASSOCIATION,                           CROWELL & MORING
INC.                                               1001 Pennsylvania Avenue, NW
                                                   Washington, DC 20004−2595
                                                   (202) 624−2500
                                                   Email: dwolff@crowell.com
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                     David Yolun Chung
                                                     CROWELL & MORING, LLP
                                                     1001 Pennsylvania Avenue, NW
                                                     1001 Pennsylvania Avenue, NW
                                                     Washington, DC 20004
                                                     202−624−2587
                                                     Email: dchung@crowell.com
                                                     ATTORNEY TO BE NOTICED

                                                     Kirsten L. Nathanson
                                                     CROWELL & MORING LLP
                                                     1001 Pennsylvania Avenue, NW
                                                     Washington, DC 20004
                                                     (202) 624−2887
                                                     Fax: (202) 628−5116
                                                     Email: knathanson@crowell.com
                                                     ATTORNEY TO BE NOTICED

Intervenor Defendant
                                    represented by


                                                                                        9
     Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 10 of 76


ASSOCIATION OF ANCSA                              Daniel W. Wolff
REGIONAL CORPORATION                              (See above for address)
PRESIDENTS/CEO'S, INC.                            LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                  Kirsten L. Nathanson
                                                  (See above for address)
                                                  ATTORNEY TO BE NOTICED

Intervenor Defendant
CALISTA CORPORATION                 represented by Paul Clement
                                                   KIRKLAND & ELLIS LLP
                                                   1301 Pennsylvania Ave., NW
                                                   Washington, DC 20004
                                                   (202) 389−5000
                                                   Fax: (202) 389−5200
                                                   Email: paul.clement@kirkland.com
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                  Ragan Naresh
                                                  KIRKLAND & ELLIS LLP
                                                  1301 Pennsylvania Ave, NW
                                                  Washington, DC 20004
                                                  (202) 389−5267
                                                  Fax: (202) 389−5200
                                                  Email: ragan.naresh@kirkland.com
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Intervenor Defendant
KWETHLUK, INCORPORATED              represented by Paul Clement
                                                   (See above for address)
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                  Ragan Naresh
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Intervenor Defendant
SEA LION CORPORATION                represented by Paul Clement
                                                   (See above for address)
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                  Ragan Naresh
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

                                                                                      10
     Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 11 of 76



Intervenor Defendant
ST. MARY'S NATIVE                   represented by Paul Clement
CORPORATION                                        (See above for address)
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                Ragan Naresh
                                                (See above for address)
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

Intervenor Defendant
NAPASKIAK, INCORPORATED             represented by Paul Clement
                                                   (See above for address)
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                Ragan Naresh
                                                (See above for address)
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

Intervenor Defendant
AKIACHAK, LIMITED                   represented by Paul Clement
                                                   (See above for address)
                                                   LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                Ragan Naresh
                                                (See above for address)
                                                LEAD ATTORNEY
                                                ATTORNEY TO BE NOTICED

Movant
ALASKA NATIVE VILLAGE               represented by Daniel W. Wolff
CORPORATION ASSOCIATION,                           (See above for address)
INC.                                               LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

Movant
ASSOCIATION OF ANCSA                represented by Daniel W. Wolff
REGIONAL CORPORATION                               (See above for address)
PRESIDENTS/CEO'S, INC.                             LEAD ATTORNEY
                                                   ATTORNEY TO BE NOTICED

                                                David Yolun Chung
                                                (See above for address)
                                                ATTORNEY TO BE NOTICED



                                                                             11
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 12 of 76


Amicus
NATIONAL CONGRESS OF               represented by Kaighn Smith , Jr
AMERICAN INDIANS                                  DRUMMOND WOODSUM
                                                  84 Marginal Way
                                                  Suite 600
                                                  Portland, ME 04101
                                                  (207) 772−1941
                                                  Fax: 207−772−3627
                                                  Email: ksmith@dwmlaw.com
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
AFFILIATED TRIBES OF               represented by Kaighn Smith , Jr
NORTHWEST INDIANS                                 (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
ALL PUEBLO COUNCIL OF              represented by Kaighn Smith , Jr
GOVERNORS                                         (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
ARIZONA INDIAN GAMING              represented by Kaighn Smith , Jr
ASSOCIATION                                       (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
CALIFORNIA NATIONS INDIAN          represented by Kaighn Smith , Jr
GAMING ASSOCIATION                                (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
CALIFORNIA TRIBAL                  represented by Kaighn Smith , Jr
CHAIRPERSON'S ASSOCIATION                         (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
GREAT PLAINS TRIBAL                represented by Kaighn Smith , Jr
CHAIRMEN'S ASSOCIATION, INC.                      (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus

                                                                             12
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 13 of 76


INTER TRIBAL ASSOCIATION OF        represented by Kaighn Smith , Jr
ARIZONA, INC.                                     (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
INTER−TRIBAL COUNCIL OF THE        represented by Kaighn Smith , Jr
FIVE CIVILIZED TRIBES                             (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
MIDWEST ALLIANCE OF                represented by Kaighn Smith , Jr
SOVEREIGN TRIBES                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
NATIONAL INDIAN GAMING             represented by Kaighn Smith , Jr
ASSOCIATION                                       (See above for address)
                                                  LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
UNITED SOUTH AND EASTERN           represented by Kaighn Smith , Jr
TRIBES SOVEREIGNTY                                (See above for address)
PROTECTION FUND                                   LEAD ATTORNEY
                                                  ATTORNEY TO BE NOTICED

Amicus
ALASKA NATIVE VILLAGE              represented by Christine Williams
ASSOCIATION                                       OUTLOOK LAW LLC
                                                  1016 W. 6th Avenue
                                                  Suite 306
                                                  Anchorage, AK 99501
                                                  907−258−2200
                                                  Email: christinewilliams@outlooklaw.com
                                                  TERMINATED: 07/07/2020
                                                  LEAD ATTORNEY
                                                  PRO HAC VICE
                                                  ATTORNEY TO BE NOTICED

                                                 William Kenneth Walker
                                                 (See above for address)
                                                 LEAD ATTORNEY
                                                 ATTORNEY TO BE NOTICED

                                                 James Harrison Powell , II
                                                 OUTLOOK LAW LLC
                                                 1769 Jamestown Road, Suite 122

                                                                                            13
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 14 of 76


                                               Suite 122
                                               Williamsburg, VA 23185
                                               757−349−3119
                                               Email: harrisonpowell@outlooklaw.com
                                               TERMINATED: 07/07/2020
                                               PRO HAC VICE
                                               ATTORNEY TO BE NOTICED

Amicus
ANCSA REGIONAL ASSOCIATION         represented by Christine Williams
                                                  (See above for address)
                                                  TERMINATED: 07/07/2020
                                                  LEAD ATTORNEY
                                                  PRO HAC VICE
                                                  ATTORNEY TO BE NOTICED

                                               Daniel W. Wolff
                                               (See above for address)
                                               LEAD ATTORNEY
                                               ATTORNEY TO BE NOTICED

                                               William Kenneth Walker
                                               (See above for address)
                                               LEAD ATTORNEY
                                               ATTORNEY TO BE NOTICED

                                               James Harrison Powell , II
                                               (See above for address)
                                               TERMINATED: 07/07/2020
                                               PRO HAC VICE
                                               ATTORNEY TO BE NOTICED

Amicus
AHTNA, INC.                        represented by Jonathan W Katchen
                                                  (See above for address)
                                                  LEAD ATTORNEY
                                                  PRO HAC VICE
                                                  ATTORNEY TO BE NOTICED

                                               Michael J. O'Leary
                                               (See above for address)
                                               LEAD ATTORNEY
                                               ATTORNEY TO BE NOTICED

Amicus
GILA RIVER INDIAN COMMUNITY        represented by Merrill C. Godfrey
                                                  AKIN GUMP STRAUSS HAUER &
                                                  FELD LLP
                                                  Robert S. Strauss Tower
                                                  2001 K Street, NW
                                                  Washington, DC 20006

                                                                                      14
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 15 of 76


                                                          (202) 887−4000
                                                          Fax: (202) 887−4288
                                                          Email: mgodfrey@akingump.com
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

Amicus
NATIVE AMERICAN FINANCE                    represented by Merrill C. Godfrey
OFFICERS ASSOCIATION                                      (See above for address)
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

Amicus
PENOBSCOT NATION                           represented by Merrill C. Godfrey
                                                          (See above for address)
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

Amicus
NOTTAWASEPPI HURON BAND OF                 represented by Merrill C. Godfrey
THE POTAWATOMI                                            (See above for address)
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED

Amicus
ALASKA FEDERATION OF                       represented by James Hardwick Lister
NATIVES, INC.                                             BIRCH HORTON BITTNER AND
                                                          CHEROT, P.C.
                                                          1100 Connecticut Ave, NW
                                                          Suite 825
                                                          Washington, DC 20036
                                                          (202) 659−5800
                                                          Fax: (202) 659−1027
                                                          Email: jlister@dc.bhb.com
                                                          LEAD ATTORNEY
                                                          ATTORNEY TO BE NOTICED


Date Filed   #   Page Docket Text
04/17/2020   1        COMPLAINT against STEVEN MNUCHIN in his official capacity as
                      Secretary of U.S. Department of the Treasury ( Filing fee $ 400 receipt number
                      BDCDC−7031496) filed by ALEUT COMMUNITY OF ST. PAUL ISLAND,
                      CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, AKIAK
                      NATIVE COMMUNITY, HOULTON BAND OF MALISEET INDIANS,
                      TULALIP TRIBES, ASA CARSARMIUT TRIBE. (Attachments: # 1 Civil
                      Cover Sheet, # 2 Summons)(Kanji, Riyaz) (Entered: 04/17/2020)
04/17/2020            Case Assigned to Judge Amit P. Mehta. (adh, ) (Entered: 04/17/2020)
04/17/2020   2


                                                                                                       15
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 16 of 76



                    SUMMONS (1) Issued Electronically as to STEVEN MNUCHIN.
                    (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 04/17/2020)
04/20/2020   3      MOTION for Temporary Restraining Order, MOTION for Preliminary
                    Injunction by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF
                    ST. PAUL ISLAND, ASA CARSARMIUT TRIBE, CONFEDERATED
                    TRIBES OF THE CHEHALIS RESERVATION, HOULTON BAND OF
                    MALISEET INDIANS, TULALIP TRIBES (Attachments: # 1 Declaration
                    Akiak Native Communit, # 2 Declaration Aleut Community of St, # 3
                    Declaration Asacarsarmiut, # 4 Declaration Chehalis − Pickernell, # 5
                    Declaration HBMI − Sabattis, # 6 Declaration Tulalip − Gobin, # 7 Text of
                    Proposed Order, # 8 Declaration RAK Certificate of Counsel, # 9 Declaration
                    RAK 2nd Decl)(Kanji, Riyaz). Added MOTION for Preliminary Injunction on
                    4/20/2020 (eg). (Entered: 04/20/2020)
04/20/2020   4      NOTICE of Appearance by Jason C. Lynch on behalf of STEVEN MNUCHIN
                    (Lynch, Jason) (Entered: 04/20/2020)
04/20/2020          MINUTE ORDER. The parties shall meet and confer and, by 5:00 p.m. on
                    April 20, 2020, file a Joint Status Report that proposes a schedule for briefing
                    on Plaintiffs' Motion for Temporary Restraining Order. Signed by Judge Amit
                    P. Mehta on 04/20/2020. (lcapm2) (Entered: 04/20/2020)
04/20/2020   5      Joint STATUS REPORT and Proposed Briefing Schedule for Plaintiffs' 3
                    Motion by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 04/20/2020)
04/20/2020          MINUTE ORDER setting the following schedule for further proceedings in
                    this matter: (1) Defendant's Opposition to Plaintiffs' Motion for a Temporary
                    Restraining Order and Preliminary Injunction shall be filed on or before 5:00
                    p.m. on April 22, 2020; (2) Plaintiffs' Reply brief, if any, shall be filed on or
                    before 12:00 p.m. on April 23, 2020; and (3) a video conference hearing is set
                    for April 23, 2020, at 2:00 p.m. The court will circulate access information to
                    counsel. Signed by Judge Amit P. Mehta on 04/20/2020. (lcapm2) (Entered:
                    04/20/2020)
04/21/2020          MINUTE ORDER resetting the video conference hearing on Plaintiffs' Motion
                    for a Temporary Restraining Order to 3:00 p.m. on April 23, 2020. Should any
                    member of the public or media require access to the hearing, they should reach
                    out to the Courtroom Deputy, Mr. Douyon, at
                    Jean−Claude_Douyon@dcd.uscourts.gov for further instructions. Signed by
                    Judge Amit P. Mehta on 04/21/2020. (lcapm2) Modified on 04/21/2020
                    (lcapm2). (Entered: 04/21/2020)
04/21/2020   6      Consent MOTION for Leave to File amicus brief re 3 MOTION for Temporary
                    Restraining Order MOTION for Preliminary Injunction by NATIONAL
                    CONGRESS OF AMERICAN INDIANS, AFFILIATED TRIBES OF
                    NORTHWEST INDIANS, All Pueblo Council of Governors, Arizona Indian
                    Gaming Association, California Nations Indian Gaming Association,
                    California Tribal Chairpersons Association, Great Plains Tribal Chairmens
                    Association, Inc., Inter Tribal Association of Arizona, Inc., Inter−Tribal
                    Council of the Five Civilized Tribes, Midwest Alliance of Sovereign Tribes,
                    National Indian Gaming Association, United South and Eastern Tribes
                    Sovereignty Protection Fund (Attachments: # 1 Proposed Order)(Smith,
                    Kaighn) Modified event on 4/23/2020 (znmw). (Entered: 04/21/2020)


                                                                                                        16
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 17 of 76



04/21/2020          Set/Reset Deadlines/Hearings: Opposition due by 5:00 pm on 4/22/2020. Reply
                    due by 12:00 pm on 4/23/2020. Motion Hearing set for 4/23/2020 at 3:00 PM
                    before Judge Amit P. Mehta. (zjd) (Entered: 04/21/2020)
04/21/2020    7     AMENDED COMPLAINT against STEVEN MNUCHIN filed by TULALIP
                    TRIBES, CONFEDERATED TRIBES OF THE CHEHALIS
                    RESERVATION, ALEUT COMMUNITY OF ST. PAUL ISLAND,
                    HOULTON BAND OF MALISEET INDIANS, AKIAK NATIVE
                    COMMUNITY, ASA CARSARMIUT TRIBE, PUEBLO OF PICURIS, ELK
                    VALLEY RANCHERIA, CALIFORNIA, SAN CARLOS APACHE TRIBE,
                    QUINAULT INDIAN NATION, NAVAJO NATION.(Kanji, Riyaz) (Entered:
                    04/21/2020)
04/22/2020    8     ORDER granting 6 Motion to File Amicus Brief. The Tribal Organizations
                    shall file their amicus brief by April 22, 2020. See attached Order for further
                    details. Signed by Judge Amit P. Mehta on 04/22/2020. (lcapm2) (Entered:
                    04/22/2020)
04/22/2020    9     MOTION for Extension of Time to File Response/Reply to Plaintiffs' 3 Motion
                    for TRO/PI by STEVEN MNUCHIN (Lynch, Jason) (Entered: 04/22/2020)
04/22/2020          MINUTE ORDER granting 9 Defendant's Motion for an Extension of Time to
                    File a Response. The court will set a schedule for further briefing following a
                    telephonic conference on April 23, 2020, at 9:30 a.m. Members of the public or
                    media may access the hearing by dialing the court's toll−free public access line:
                    (877) 848−7030, access code 321−8747. Signed by Judge Amit P. Mehta on
                    04/22/2020. (lcapm2). Modified on 4/22/2020 (lcapm2). (Entered: 04/22/2020)
04/22/2020          Set/Reset Hearings: Telephone Conference set for 4/23/2020 at 9:30 AM
                    before Judge Amit P. Mehta. (zjd) (Entered: 04/22/2020)
04/22/2020   10     MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Christine V.
                    Williams, Filing fee $ 100, receipt number BDCDC−7049323. Fee Status: Fee
                    Paid. by Alaska Native Village Association, ANCSA Regional Association
                    (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Walker, William)
                    (Entered: 04/22/2020)
04/22/2020          MINUTE ORDER vacating the April 23, 2020, 3:00 p.m. hearing on Plaintiffs'
                    Motion for a Temporary Restraining Order. Signed by Judge Amit P. Mehta on
                    04/22/2020. (lcapm2) (Entered: 04/22/2020)
04/22/2020   11     MOTION for Leave to Appear Pro Hac Vice :Attorney Name− J. Harrison
                    Powell II, Filing fee $ 100, receipt number ADCDC−7049350. Fee Status: Fee
                    Paid. by ANCSA Regional Association (Attachments: # 1 Affidavit, # 2 Text
                    of Proposed Order)(Walker, William) (Entered: 04/22/2020)
04/22/2020          MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice.
                    Christine V. Williams is hereby admitted pro hac vice to appear in this matter
                    on behalf of Amici Curiae Alaska Native Village Corporation Association and
                    ANCSA Regional Association. Counsel should register for e−filing via
                    PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click
                    for instructions. Signed by Judge Amit P. Mehta o n 04/22/2020. (lcapm2)
                    (Entered: 04/22/2020)
04/22/2020


                                                                                                        17
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 18 of 76



                    MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice.
                    James Harrison Powell, II is hereby admitted pro hac vice to appear in this
                    matter on behalf of Amici Curiae Alaska Native Village Corporation
                    Association and ANCSA Regional Association. Counsel should register for
                    e−filing via PACER and file a notice of appearance pursuant to LCvR
                    83.6(a). Click for instructions. Signed by Judge Amit P. Meh ta on
                    04/22/2020. (lcapm2) (Entered: 04/22/2020)
04/22/2020   12     Consent MOTION for Leave to File Amici Curiae by ANCSA Regional
                    Association, Alaska Native Village Association (Attachments: # 1 Text of
                    Proposed Order)(Walker, William) (Entered: 04/22/2020)
04/22/2020   13     Consent MOTION for Leave to File Amicus Curiae Brief by AHTNA, INC.
                    (Attachments: # 1 Exhibit Proposed Brief, # 2 Exhibit Declaration of Ken
                    Johns, # 3 Exhibit Proposed Order)(O'Leary, Michael) (Entered: 04/22/2020)
04/22/2020   14     ENTERED IN ERROR.....NOTICE of Appearance by William Kenneth
                    Walker on behalf of AKIAK NATIVE COMMUNITY, ANCSA Regional
                    Association (Walker, William) Modified on 4/24/2020 (znmw). (Entered:
                    04/22/2020)
04/22/2020   15     MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Jonathan
                    Katchen, Filing fee $ 100, receipt number ADCDC−7049884. Fee Status: Fee
                    Paid. by AHTNA, INC. (Attachments: # 1 Exhibit Declaration of Jonathan
                    Katchen, # 2 Exhibit Proposed Order)(O'Leary, Michael) (Entered:
                    04/22/2020)
04/22/2020   16     MOTION to Withdraw as Attorney by AKIAK NATIVE COMMUNITY
                    (Walker, William) (Entered: 04/22/2020)
04/22/2020   17     ENTERED IN ERROR.....NOTICE of Appearance by William Kenneth
                    Walker on behalf of Alaska Native Village Association (Walker, William)
                    Modified on 4/24/2020 (znmw). (Entered: 04/22/2020)
04/22/2020   18     Amended MOTION for Leave to File Amici Curiae Brief with Consent by
                    ANCSA Regional Association, Alaska Native Village Association
                    (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Walker, William)
                    (Entered: 04/22/2020)
04/23/2020          MINUTE ORDER granting 15 Motion for Leave to Appear Pro Hac Vice.
                    Jonathan Katchen is hereby admitted pro hac vice in this matter on behalf of
                    Ahtna, Inc. Counsel should register for e−filing via PACER and file a
                    notice of appearance pursuant to LCvR 83.6(a). Click for instructions.
                    Signed by Judge Amit P. Mehta on 04/23/2020. (lcapm2) (Entered:
                    04/23/2020)
04/23/2020          Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone
                    Conference held on 4/23/2020. Defendant's Opposition due by 5:00 pm on
                    4/23/2020. Plaintiffs' Reply Brief due by 12:00 pm on 4/24/2020. Motion
                    Hearing set for 4/24/2020 at 3:00 PM before Judge Amit P. Mehta. Should any
                    member of the public or media require access to the motion hearing, they
                    should reach out to the Courtroom Deputy, Mr. Douyon, at
                    Jean−Claude_Douyon@dcd.uscourts.gov for further instructions. (Court
                    Reporter: Lisa Moreira) (zjd) (Entered: 04/23/2020)



                                                                                                   18
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 19 of 76



04/23/2020          MINUTE ORDER. Pursuant to the Telephonic Scheduling Conference held
                    today, April 23, 2020, the court orders the following schedule for further
                    proceedings in this matter: (1) Defendant shall file its response to Plaintiffs'
                    Motion for a Temporary Restraining Order by 5 p.m. today, April 23, 2020; (2)
                    Plaintiffs shall file their reply, if any, by 12 p.m. on April 24, 2020; (3) a video
                    conference hearing on Plaintiffs' motion is set for April 24, 2020, at 3 p.m.; and
                    (4) Amici Tribal Governments shall file their amici curiae brief by 12 p.m.
                    today, April 23, 2020. The 13 Consent Motion for Leave to File Amicus Curiae
                    Brief by AHTNA, Inc., and the 18 Amended Motion for Leave to File Amici
                    Curiae Brief by ANCSA Regional Association and Alaska Native Village
                    Association are granted. Should any member of the public or media require
                    access to the April 24 hearing, they should reach out to the Courtroom Deputy,
                    Mr. Douyon, at Jean−Claude_Douyon@dcd.uscourts.gov for further
                    instructions. Signed by Judge Amit P. Mehta on 04/23/2020. (lcapm2)
                    (Entered: 04/23/2020)
04/23/2020   20     AMICUS BRIEF re 3 MOTION for Temporary Restraining Order MOTION
                    for Preliminary Injunction filed by ALEUT COMMUNITY OF ST. PAUL
                    ISLAND, ASA CARSARMIUT TRIBE, AKIAK NATIVE COMMUNITY,
                    TULALIP TRIBES, HOULTON BAND OF MALISEET INDIANS,
                    CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION by
                    AFFILIATED TRIBES OF NORTHWEST INDIANS, ALL PUEBLO
                    COUNCIL OF GOVERNORS, ARIZONA INDIAN GAMING
                    ASSOCIATION, CALIFORNIA NATIONS INDIAN GAMING
                    ASSOCIATION, CALIFORNIA TRIBAL CHAIRPERSON'S
                    ASSOCIATION, GREAT PLAINS TRIBAL CHAIRMEN'S ASSOCIATION,
                    INC., INTER TRIBAL ASSOCIATION OF ARIZONA, INC.,
                    INTER−TRIBAL COUNCIL OF THE FIVE CIVILIZED TRIBES,
                    MIDWEST ALLIANCE OF SOVEREIGN TRIBES, NATIONAL
                    CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN GAMING
                    ASSOCIATION, UNITED SOUTH AND EASTERN TRIBES
                    SOVEREIGNTY PROTECTION FUND. (Attachments: # 1 Exhibit
                    Declaration of Maria Dadgar, Executive Director of the Inter Tribal
                    Association of Arizona, Inc, # 2 Exhibit Declaration of Chuck Hoskin, Jr.,
                    Principal Chief of the Cherokee Nation and President of the Inter−Tribal
                    Council of the Five Civilized Tribes, # 3 Exhibit Declaration of Michael
                    Chavarria, Chairman of the All Pueblo Council of Governors, # 4 Exhibit
                    Declaration of Bo Mazzetti, Chairman of the California Tribal Chairpersons
                    Association, # 5 Exhibit Declaration of Leonard Forsman, President of the
                    Affiliated Tribes of Northwest Indians, # 6 Exhibit Declaration of Yvette
                    Roubideaux)(Smith, Kaighn) Modified event title on 4/23/2020 (znmw).
                    (Entered: 04/23/2020)
04/23/2020   21     Memorandum in opposition to re 3 MOTION for Temporary Restraining Order
                    MOTION for Preliminary Injunction filed by STEVEN MNUCHIN. (Lynch,
                    Jason) (Entered: 04/23/2020)
04/23/2020   22     Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs
                    Motions for Temporary Restraining Order and Preliminary Injunction by
                    GILA RIVER INDIAN COMMUNITY, NATIVE AMERICAN FINANCE
                    OFFICERS ASSOCIATION, PENOBSCOT NATION, NOTTAWASEPPI
                    HURON BAND OF THE POTAWATOMI (Attachments: # 1 Exhibit Lodged
                    Amicus Brief, # 2 Text of Proposed Order)(Godfrey, Merrill) (Entered:

                                                                                                           19
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 20 of 76



                    04/23/2020)
04/23/2020   23     AMICUS BRIEF by AHTNA, INC.. (znmw) (Entered: 04/24/2020)
04/23/2020   24     AMICUS BRIEF by ALASKA NATIVE VILLAGE ASSOCIATION, ANCSA
                    REGIONAL ASSOCIATION. (znmw) (Entered: 04/24/2020)
04/24/2020          NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 17 Notice of
                    Appearance and 14 Notice of Appearance were entered in error and counsel is
                    instructed to refile; each appearing counsel must file their own appearance
                    using individual login credentials. (znmw) (Entered: 04/24/2020)
04/24/2020          MINUTE ORDER granting 22 Motion for Leave to File to File Amicus Curiae
                    Brief. Signed by Judge Amit P. Mehta on 04/24/2020. (lcapm2) (Entered:
                    04/24/2020)
04/24/2020   25     AMICUS BRIEF by GILA RIVER INDIAN COMMUNITY, NATIVE
                    AMERICAN FINANCE OFFICERS ASSOCIATION, NOTTAWASEPPI
                    HURON BAND OF THE POTAWATOMI, PENOBSCOT NATION. (eg)
                    (Entered: 04/24/2020)
04/24/2020   26     NOTICE of Appearance by Christine Williams on behalf of ALASKA
                    NATIVE VILLAGE ASSOCIATION (Williams, Christine) (Entered:
                    04/24/2020)
04/24/2020   27     NOTICE of Appearance by James Harrison Powell, II on behalf of ALASKA
                    NATIVE VILLAGE ASSOCIATION (Powell, James) (Entered: 04/24/2020)
04/24/2020   28     NOTICE of Appearance by Christine Williams on behalf of ANCSA
                    REGIONAL ASSOCIATION (Williams, Christine) (Entered: 04/24/2020)
04/24/2020   29     NOTICE of Appearance by James Harrison Powell, II on behalf of ANCSA
                    REGIONAL ASSOCIATION (Powell, James) (Entered: 04/24/2020)
04/24/2020   30     REPLY to opposition to motion re 3 MOTION for Temporary Restraining
                    Order MOTION for Preliminary Injunction filed by AKIAK NATIVE
                    COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND,
                    ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE
                    CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA,
                    HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION,
                    PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS
                    APACHE TRIBE, TULALIP TRIBES. (Attachments: # 1 Declaration)(Kanji,
                    Riyaz) (Entered: 04/24/2020)
04/24/2020   31     NOTICE of Change of Address by William Kenneth Walker (Walker, William)
                    (Entered: 04/24/2020)
04/24/2020          MINUTE ORDER. Members of the public or media who wish to access the
                    hearing on Plaintiffs' Motion for a Temporary Restraining Order scheduled for
                    today, April 24, 2020, at 3:00 p.m., may now access the hearing by dialing the
                    court's toll−free public access line: (877) 848−7030, access code 321−8747.
                    Signed by Judge Amit P. Mehta on 04/24/2020. (lcapm2) (Entered:
                    04/24/2020)
04/24/2020          Minute Entry for proceedings held before Judge Amit P. Mehta: Motion
                    Hearing held on 4/24/2020 re 3 Motion for Temporary Restraining Order and


                                                                                                     20
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 21 of 76



                    Preliminary Injunction. (Court Reporter: William Zaremba) (zjd) (Entered:
                    04/24/2020)
04/24/2020   32     NOTICE in Response to the Court's Questions at the Telephonic Hearing by
                    STEVEN MNUCHIN (Lynch, Jason) (Entered: 04/24/2020)
04/25/2020   33     NOTICE by ALASKA NATIVE VILLAGE ASSOCIATION (Williams,
                    Christine) (Entered: 04/25/2020)
04/25/2020   34     MOTION to Correct Procedural Defect/Controlling Authority by ANCSA
                    REGIONAL ASSOCIATION (Williams, Christine) Modified on 4/28/2020 to
                    correct docket event/text (eg). (Entered: 04/25/2020)
04/27/2020          NOTICE OF ERROR re 31 Notice of Change of Address; emailed to
                    wkw@att.net, cc'd 17 associated attorneys −− The PDF file you docketed
                    contained errors: 1. Counsel must change their address via Pacer (zeg, )
                    (Entered: 04/27/2020)
04/27/2020   35     REPLY to opposition to motion re 3 MOTION for Temporary Restraining
                    Order MOTION for Preliminary Injunction filed by UTE TRIBE OF THE
                    UINTAH AND OURAY RESERVATION. (Rasmussen, Jeffrey) (Entered:
                    04/27/2020)
04/27/2020   36     MEMORANDUM AND OPINION as to 3 Plaintiffs' Motion for a Temporary
                    Restraining Order and Preliminary Injunction. See attached Memorandum
                    Opinion for further details. Signed by Judge Amit P. Mehta on 04/27/2020.
                    (lcapm2) (Entered: 04/27/2020)
04/27/2020   37     ORDER. For the reasons stated in the 36 Memorandum Opinion, the court
                    grants in part and denies in part Plaintiffs' Motion for a Temporary Restraining
                    Order and Preliminary Injunction. See attached Order for further details.
                    Signed by Judge Amit P. Mehta on 04/27/2020. (lcapm2) (Entered:
                    04/27/2020)
04/28/2020          MINUTE ORDER. The parties shall meet and confer and, by May 1, 2020, file
                    a Joint Status Report that proposes a schedule for further proceedings in this
                    matter. The Joint Status Report shall also update the court on any
                    developments in the disbursement of Title V funds to federally recognized
                    Indian tribes, as well as any funds withheld from ANCs pursuant to the court's
                    preliminary injunction order. Signed by Judge Amit P. Mehta on 04/28/2020.
                    (lcapm2) (Entered: 04/28/2020)
04/28/2020   38     NOTICE of Appearance by Matthew Newman on behalf of ARTIC VILLAGE
                    COUNCIL, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT,
                    NONDALTON TRIBAL COUNCIL, ROSEBUD SIOUX TRIBE (Newman,
                    Matthew) (Entered: 04/28/2020)
04/28/2020          Set/Reset Deadlines: Joint Status Report due by 5/1/2020. (zjd) (Entered:
                    04/28/2020)
04/28/2020   39     NOTICE of Appearance by Jonathan W Katchen on behalf of AHTNA, INC.
                    (Katchen, Jonathan) (Entered: 04/28/2020)
04/29/2020   40     NOTICE of Appearance by Jeremy J. Patterson on behalf of UTE TRIBE OF
                    THE UINTAH AND OURAY RESERVATION (Patterson, Jeremy) (Entered:
                    04/29/2020)


                                                                                                       21
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 22 of 76



04/29/2020   41     TRANSCRIPT OF TELEPHONIC STATUS HEARING before Judge Amit P.
                    Mehta held on April 23, 2020; Page Numbers: 1−23. Date of Issuance:April
                    29, 2020. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone
                    number (202) 354−3187, Transcripts may be ordered by submitting the
                    Transcript Order Form

                    For the first 90 days after this filing date, the transcript may be viewed at the
                    courthouse at a public terminal or purchased from t he court reporter referenced
                    above. After 90 days, the transcript may be accessed via PACER. Other
                    transcript formats, (multi−page, condensed, CD or ASCII) may be purchased
                    from the court reporter.

                    NOTICE RE REDACTION OF TRANSCRIPTS: The parties have
                    twenty−one days to file with the court and the court reporter any request to
                    redact personal identifiers from this transcript. If no such requests are filed, the
                    transcript will be made available to the public via PACER without redaction
                    after 90 days. The policy, which includes the five personal identifiers
                    specifically covered, is located on our website at www.dcd.uscourts.gov.

                    Redaction Request due 5/20/2020. Redacted Transcript Deadline set for
                    5/30/2020. Release of Transcript Restriction set for 7/28/2020.(Moreira, Lisa)
                    (Entered: 04/29/2020)
04/30/2020   42     TRANSCRIPT OF TELEPHONIC/VIDEOCONFERENCE HEARING ON
                    MOTION FOR TEMPORARY RETRAINING ORDER PROCEEDINGS
                    before Judge Amit P. Mehta held on April 24, 2020; Page Numbers: 1−82.
                    Date of Issuance: April 30, 2020. Court Reporter/Transcriber: William
                    Zaremba; Telephone number: (202) 354−3249. Transcripts may be ordered by
                    submitting the Transcript Order Form

                    For the first 90 days after this filing date, the transcript may be viewed at th e
                    courthouse at a public terminal or purchased from the court reporter referenced
                    above. After 90 days, the transcript may be accessed via PACER. Other
                    transcript formats, (multi−page, condensed, PDF or ASCII) may be purchased
                    from the court reporter.

                    NOTICE RE REDACTION OF TRANSCRIPTS: The parties have
                    twenty−one days to file with the court and the court reporter any request to
                    redact personal identifiers from this transcript. If no such requests are filed, the
                    transcript will be made available to the public via PACER without redaction
                    after 90 days. The policy, which includes the five personal identifiers
                    specifically covered, is located on our website at www.dcd.uscourts.gov.

                    Redaction Request due 5/21/2020. Redacted Transcript Deadline set for
                    5/31/2020. Release of Transcript Restriction set for 7/29/2020.(wz) (Entered:
                    04/30/2020)
04/30/2020   43     MOTION to Intervene by AHTNA, INC. (Attachments: # 1 Exhibit
                    Declaration of Ken Johns, # 2 Exhibit Proposed Answer to Chehalis Plaintiffs'
                    Complaint, # 3 Exhibit Proposed Answer to Sioux Plaintiffs' Complaint, # 4
                    Exhibit Proposed Answer to Ute Indian Tribe Complaint, # 5 Rule 26.1
                    Certificate, # 6 Text of Proposed Order)(O'Leary, Michael) (Entered:


                                                                                                           22
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 23 of 76



                    04/30/2020)
05/01/2020   44     Joint STATUS REPORT pursuant to the Court's April 28, 2020, minute order
                    by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 05/01/2020)
05/05/2020   45     MOTION to Intervene and Memorandum of Points and Authorities in Support
                    by Alaska Native Village Corporation Association, Inc., Association of
                    ANCSA Regional Corporation Presidents/CEO's, Inc. (Attachments: # 1
                    Declaration Aaron M. Schutt, # 2 Declaration Anthony Mallott, # 3 Declaration
                    Richard Glenn, # 4 Declaration Shuana Z. Hegna, # 5 Declaration Sherri
                    Buretta, # 6 Declaration Sophie Minich, # 7 Declaration Wayne Westlake, # 8
                    Declaration Nancy Andrew, # 9 Declaration Alfred Thomas Harris, # 10
                    Declaration Clifford Blair, # 11 Declaration Dean Gould, # 12 Declaration Ed
                    Herndon, # 13 Declaration Janine Avner, # 14 Declaration Kenneth A. Hughes
                    IV, # 15 Declaration Leo Barlow, # 16 Declaration Melissa M. Kookesh, # 17
                    Declaration Michele Christiansen, # 18 Declaration Patrick McCarty, # 19
                    Declaration Robert D. Mills, # 20 Declaration Ron Philemonoff, # 21
                    Declaration Thomas Kirk, # 22 Declaration Gail Schubert, # 23 Declaration
                    Thomas Mack, # 24 Declaration George Sam, # 25 Exhibit Ex. 25 − Proposed
                    Answer to Chehalis Complaint, # 26 Exhibit Ex. 26 − Propsed Answer to
                    Cheyenne River Complaint, # 27 Exhibit Ex. 27 − Proposed Answer to Ute
                    Tribe Complaint, # 28 ANVCA Rule 26.1 Disclosure, # 29 ARA Rule 26.1
                    Disclosure, # 30 Text of Proposed Order)(Wolff, Daniel) (Entered: 05/05/2020)
05/05/2020   46     MOTION to Intervene by CALISTA CORPORATION, Kwethluk,
                    Incorporated, Sea Lion Corporation, St. Marys Native Corporation, Napaskiak,
                    Incorporated, Akiachak, Limited (Attachments: # 1 Exhibit A − Declaration of
                    A. Guy, # 2 Exhibit B − Declaration of G. Guy, # 3 Exhibit C − Declaration of
                    N. Andrew, # 4 Exhibit D − Declaration of M. Naneng, # 5 Exhibit E −
                    Declaration of M. Kaganak, # 6 Exhibit F − Declaration of J. George, # 7
                    Exhibit G − Proposed Answer to Chehalis Plaintiffs' Complaint, # 8 Exhibit H
                    − Proposed Answer to Sioux Plaintiffs' Complaint, # 9 Exhibit I − Proposed
                    Answer to Ute Indian Tribe Complaint, # 10 Rule 26.1 Certificate, # 11 Text of
                    Proposed Order)(Naresh, Ragan) (Entered: 05/05/2020)
05/05/2020   47     NOTICE of Appearance by Kirsten L. Nathanson on behalf of ALASKA
                    NATIVE VILLAGE CORPORATION ASSOCIATION, INC.,
                    ASSOCIATION OF ANCSA REGIONAL CORPORATION
                    PRESIDENTS/CEO'S, INC. (Nathanson, Kirsten) (Entered: 05/05/2020)
05/05/2020          MINUTE ORDER. The parties and Proposed Intervenors shall appear for a
                    telephonic scheduling conference on May 7, 2020, at 1:00 p.m. The courtroom
                    deputy shall distribute dial−in information to counsel. Members of the public
                    who wish to access the hearing may dial in to the court's toll−free public access
                    line: (877) 848−7030, access code 321−8747. Signed by Judge Amit P. Mehta
                    on 05/05/2020. (lcapm2) (Entered: 05/05/2020)
05/05/2020   48     NOTICE of Appearance by David Yolun Chung on behalf of ALASKA
                    NATIVE VILLAGE CORPORATION ASSOCIATION, INC.,
                    ASSOCIATION OF ANCSA REGIONAL CORPORATION
                    PRESIDENTS/CEO'S, INC. (Chung, David) (Entered: 05/05/2020)
05/05/2020          Set/Reset Hearings: Telephone Conference set for 5/7/2020 at 1:00 PM before
                    Judge Amit P. Mehta. (zjd) (Entered: 05/05/2020)


                                                                                                        23
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 24 of 76



05/05/2020   49     MOTION for Leave to Appear Pro Hac Vice :Attorney Name− Rose M.
                    Weckenmann, Filing fee $ 100, receipt number ADCDC−7093364. Fee Status:
                    Fee Paid. by CHEYENNE RIVER SIOUX TRIBE (Attachments: # 1
                    Declaration, # 2 Text of Proposed Order)(Ducheneaux, Nicole) (Entered:
                    05/05/2020)
05/05/2020          MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice.
                    Rose M. Weckenmann is hereby admitted pro hac vice in this matter on behalf
                    of Plaintiff Cheyenne River Sioux Tribe. Counsel should register for e−filing
                    via PACER and file a notice of appearance pursuant to LCvR 83.6(a).
                    Click for instructions. Signed by Judge Amit P. Mehta on 05/05/2020.
                    (lcapm2) (Entered: 05/05/2020)
05/06/2020   50     NOTICE of Appearance by Rose Michele Weckenmann on behalf of
                    CHEYENNE RIVER SIOUX TRIBE (Weckenmann, Rose) (Entered:
                    05/06/2020)
05/07/2020          Minute Entry for proceedings held before Judge Amit P. Mehta: Telephone
                    Conference held on 5/7/2020. Plaintiff's Status Report due by 5/8/2020 at 4:00
                    pm. (Court Reporter: William Zaremba) (zjd) (Entered: 05/07/2020)
05/07/2020          MINUTE ORDER. Pursuant to the Telephonic Status Conference held today,
                    May 7, 2020, Plaintiffs shall file a Status Report by May 8, 2020, at 4:00 p.m.,
                    which informs the court whether Plaintiffs intend to oppose the pending
                    motions to intervene. Signed by Judge Amit P. Mehta on 05/07/2020. (lcapm2)
                    (Entered: 05/07/2020)
05/08/2020   51     WITHDRAWN PURSUANT TO NOTICE 52 FILED 5/8/2020.....NOTICE of
                    Intent To Oppose Motions to Intervene by UTE TRIBE OF THE UINTAH
                    AND OURAY INDIAN RESERVATION re 46 MOTION to Intervene , 43
                    MOTION to Intervene , 45 MOTION to Intervene and Memorandum of Points
                    and Authorities in Support (Rasmussen, Jeffrey) Modified on 5/12/2020
                    (znmw). (Entered: 05/08/2020)
05/08/2020   52     NOTICE OF WITHDRAWAL OF MOTION by UTE TRIBE OF THE
                    UINTAH AND OURAY INDIAN RESERVATION re 51 Notice (Other),
                    (Rasmussen, Jeffrey) (Entered: 05/08/2020)
05/08/2020   53     WITHDRAWN PURSUANT TO NOTICE 54 FILED 5/8/2020.....NOTICE by
                    CHEYENNE RIVER SIOUX TRIBE, OGLALA SIOUX TRIBE, ROSEBUD
                    SIOUX TRIBE (Ducheneaux, Nicole) Modified on 5/12/2020 (znmw).
                    (Entered: 05/08/2020)
05/08/2020   54     NOTICE of Conditional Withdrawal of Statement Regarding ANCs Motions
                    for Intervention by ARTIC VILLAGE COUNCIL, CHEYENNE RIVER
                    SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL
                    GOVERNMENT, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX
                    TRIBE, ROSEBUD SIOUX TRIBE re 53 Notice (Other) (Furlong, Wesley)
                    (Entered: 05/08/2020)
05/08/2020   55     MOTION for Extension of Time to File Notice Regarding Motions to Intervene
                    by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL
                    ISLAND, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE,
                    CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK
                    VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET


                                                                                                       24
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 25 of 76



                    INDIANS, NAVAJO NATION, OGLALA SIOUX TRIBE, PUEBLO OF
                    PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN
                    CARLOS APACHE TRIBE, TULALIP TRIBES, UTE TRIBE OF THE
                    UINTAH AND OURAY INDIAN RESERVATION (Attachments: # 1 Text of
                    Proposed Order)(Kanji, Riyaz) (Entered: 05/08/2020)
05/09/2020          MINUTE ORDER granting 55 Motion for Extension of Time. Plaintiffs shall
                    file their status report by Tuesday, May 12, 2020, at 4:00 p.m. Signed by Judge
                    Amit P. Mehta on 05/09/2020. (lcapm2) (Entered: 05/09/2020)
05/09/2020          Set/Reset Deadlines: Plaintiffs' Status Report due by 5/12/2020 at 4:00 PM.
                    (zjd) (Entered: 05/11/2020)
05/12/2020   56     NOTICE of Intent to Oppose Motions to Intervene by UTE TRIBE OF THE
                    UINTAH AND OURAY INDIAN RESERVATION re 46 MOTION to
                    Intervene , 43 MOTION to Intervene , 45 MOTION to Intervene and
                    Memorandum of Points and Authorities in Support (Bassett, Frances) (Entered:
                    05/12/2020)
05/12/2020   57     STATUS REPORT by AKIAK NATIVE COMMUNITY, ALEUT
                    COMMUNITY OF ST. PAUL ISLAND, ARTIC VILLAGE COUNCIL,
                    ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE,
                    CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK
                    VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET
                    INDIANS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT,
                    NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX
                    TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD
                    SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES.
                    (Kanji, Riyaz) (Entered: 05/12/2020)
05/12/2020   58     RESPONSE re 57 Status Report,, and Proposal for Further Proceedings filed
                    by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 05/12/2020)
05/13/2020          MINUTE ORDER. The schedule for these consolidated proceedings shall be as
                    follows. The Ute Tribe Plaintiffs shall file a consolidated response to all
                    pending motions to intervene by May 14, 2020. The Proposed Intervenors shall
                    file their respective reply briefs by May 19, 2020. To be clear, the Ute Tribe
                    Plaintiffs' opposition to intervention extends only to the motions to intervene in
                    their case. See Hall v. Hall, 138 S. Ct. 1118, 1127−28 (2018). Permissive
                    intervention is not opposed in the Confederated Tribes of the Chehalis
                    Reservation and Cheyenne River Sioux Tribe matters and therefore is granted.
                    The Secretary shall produce the administrative record by May 22, 2020. All
                    parties shall file cross−motions for summary judgment by May 29, 2020. The
                    Plaintiff groups shall file a single consolidated summary judgment brief, and so
                    too shall the Intervenor−Defendants. Cross−motions for summary judgment for
                    each grouping of parties (Plaintiffs, Intervenor−Defendants, and the Secretary)
                    shall be no more than 60 double−spaced pages. All parties shall file combined
                    responses/replies by June 9, 2020. The Plaintiff groups shall file a single
                    consolidated response/reply, and so too shall the Intervenor−Defendants.
                    Responses/replies for each grouping of parties shall be no more than 35
                    double−spaced pages. The parties shall file the Joint Appendix required by
                    Local Civil Rule 7(n)(1) by June 10, 2020. Oral argument on the
                    cross−motions is set for June 12, 2020, at 1:00 p.m. Members of the public or
                    media may access the hearing by dialing the court's toll−free public access line:

                                                                                                         25
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 26 of 76



                    (877) 848−7030, access code 321−8747. Signed by Judge Amit P. Mehta on
                    05/13/2020. (lcapm2) Modified on 6/11/2020 (lcapm2). (Entered: 05/13/2020)
05/13/2020          Set/Reset Deadlines/Hearings: Consolidated Response due by 5/14/2020.
                    Reply Briefs due by 5/19/2020. Administrative Record due by 5/22/2020.
                    Cross−Motions for Summary Judgment due by 5/29/2020. Combined
                    Responses/Replies due by 6/9/2020. Joint Appendix due by 6/10/2020. Motion
                    Hearing set for 6/12/2020 at 1:00 PM before Judge Amit P. Mehta. (zjd)
                    (Entered: 05/13/2020)
05/14/2020   59     Memorandum in opposition re 46 MOTION to Intervene , 43 MOTION to
                    Intervene , 45 MOTION to Intervene and Memorandum of Points and
                    Authorities in Support filed by UTE TRIBE OF THE UINTAH AND OURAY
                    INDIAN RESERVATION. (Rasmussen, Jeffrey) Modified on docket
                    event/text 5/15/2020 (eg). (Entered: 05/15/2020)
05/19/2020   60     TRANSCRIPT OF TELEPHONE CONFERENCE PROCEEDINGS before
                    Judge Amit P. Mehta held on May 7, 2020; Page Numbers: 1−35. Date of
                    Issuance: May 19, 2020. Court Reporter/Transcriber: William Zaremba;
                    Telephone number: (202) 354−3249. Transcripts may be ordered by submitting
                    the Transcript Order Form

                    For the first 90 days after this filing date, the transcript may be viewed at the
                    courthouse at a public terminal or purchased from the cour t reporter referenced
                    above. After 90 days, the transcript may be accessed via PACER. Other
                    transcript formats, (multi−page, condensed, PDF or ASCII) may be purchased
                    from the court reporter.

                    NOTICE RE REDACTION OF TRANSCRIPTS: The parties have
                    twenty−one days to file with the court and the court reporter any request to
                    redact personal identifiers from this transcript. If no such requests are filed, the
                    transcript will be made available to the public via PACER without redaction
                    after 90 days. The policy, which includes the five personal identifiers
                    specifically covered, is located on our website at www.dcd.uscourts.gov.

                    Redaction Request due 6/9/2020. Redacted Transcript Deadline set for
                    6/19/2020. Release of Transcript Restriction set for 8/17/2020.(wz) (Entered:
                    05/19/2020)
05/19/2020   61     NOTICE of Appearance by Paul Clement on behalf of AKIACHAK,
                    LIMITED, CALISTA CORPORATION, KWETHLUK, INCORPORATED,
                    NAPASKIAK, INCORPORATED, SEA LION CORPORATION, ST.
                    MARY'S NATIVE CORPORATION (Clement, Paul) (Entered: 05/19/2020)
05/19/2020   62     REPLY to opposition to motion re 46 MOTION to Intervene filed by
                    AKIACHAK, LIMITED, CALISTA CORPORATION, KWETHLUK,
                    INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION
                    CORPORATION, ST. MARY'S NATIVE CORPORATION. (Clement, Paul)
                    (Entered: 05/19/2020)
05/19/2020   63     ENTERED IN ERROR.....RESPONSE re 45 MOTION to Intervene and
                    Memorandum of Points and Authorities in Support filed by ALASKA
                    NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ANCSA
                    REGIONAL ASSOCIATION. (Wolff, Daniel) Modified on 5/20/2020 to enter

                                                                                                           26
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 27 of 76



                    in error at the request of the filer. (ztnr) (Entered: 05/19/2020)
05/19/2020   64     ENTERED IN ERROR.....REPLY re 45 MOTION to Intervene and
                    Memorandum of Points and Authorities in Support filed by ALASKA
                    NATIVE VILLAGE CORPORATION ASSOCIATION, INC., ANCSA
                    REGIONAL ASSOCIATION. (Wolff, Daniel). Modified on 5/20/2020 to enter
                    in error at the request of the filer (eg). (Entered: 05/19/2020)
05/19/2020   65     REPLY to opposition to motion re 45 MOTION to Intervene and
                    Memorandum of Points and Authorities in Support filed by ALASKA
                    NATIVE VILLAGE CORPORATION ASSOCIATION, INC.,
                    ASSOCIATION OF ANCSA REGIONAL CORPORATION
                    PRESIDENTS/CEO'S, INC.. (Wolff, Daniel) (Entered: 05/19/2020)
05/19/2020   66     NOTICE of Appearance by Paul W. Spruhan on behalf of NAVAJO NATION
                    (Spruhan, Paul) (Entered: 05/19/2020)
05/19/2020   67     NOTICE of Appearance by Jonathan W Katchen on behalf of AHTNA, INC.
                    (Katchen, Jonathan) (Entered: 05/19/2020)
05/19/2020   68     REPLY to opposition to motion re 43 MOTION to Intervene filed by AHTNA,
                    INC.. (O'Leary, Michael) (Entered: 05/19/2020)
05/19/2020   69     MOTION for Leave to File surreply brief by UTE TRIBE OF THE UINTAH
                    AND OURAY INDIAN RESERVATION (Attachments: # 1 Exhibit Proposed
                    surreply)(Rasmussen, Jeffrey) (Entered: 05/20/2020)
05/20/2020   70     ORDER granting the Motions to Intervene, ECF Nos. 43 , 45 , and 46 .
                    Plaintiff Ute Tribe's 69 Motion for Leave to File Surreply is denied as moot.
                    See the attached Order for further details. Signed by Judge Amit P. Metha on
                    05/20/2020. (lcapm2) (Entered: 05/20/2020)
05/22/2020   71     ADMINISTRATIVE RECORD Index & Certification by STEVEN
                    MNUCHIN. (Attachments: # 1 Kowalski AR Certification)(Lynch, Jason)
                    (Entered: 05/22/2020)
05/26/2020   72     PROPOSED BRIEFING SCHEDULE re Order,,,,,, Plaintiffs' Request for
                    Separate Briefing by AKIAK NATIVE COMMUNITY, ALEUT
                    COMMUNITY OF ST. PAUL ISLAND, ARTIC VILLAGE COUNCIL,
                    ASA'CARSARMIUT TRIBE, CHEYENNE RIVER SIOUX TRIBE,
                    CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK
                    VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET
                    INDIANS, NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT,
                    NAVAJO NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX
                    TRIBE, PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD
                    SIOUX TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES, UTE
                    TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION.
                    (Furlong, Wesley) (Entered: 05/26/2020)
05/27/2020          MINUTE ORDER granting 72 Plaintiffs' Request for Separate Briefing.
                    Plaintiffs may file two summary judgment briefs totaling no more than 60
                    pages. Signed by Judge Amit P. Mehta on 05/27/2020. (lcapm2) (Entered:
                    05/27/2020)
05/28/2020   73     NOTICE of Change of Firm Affiliation and Address by UTE TRIBE OF THE
                    UINTAH AND OURAY INDIAN RESERVATION (Bassett, Frances)

                                                                                                    27
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 28 of 76



                    (Entered: 05/28/2020)
05/29/2020          NOTICE OF ERROR re 73 Notice (Other); emailed to fbassett@ndnlaw.com,
                    cc'd 56 associated attorneys −− The PDF file you docketed contained errors: 1.
                    All address changes must be done thru pacer. (zeg, ) (Entered: 05/29/2020)
05/29/2020   74     Consent MOTION for Leave to File Amicus Brief in Support of Plaintiffs'
                    Motions for Summary Judgment by AFFILIATED TRIBES OF NORTHWEST
                    INDIANS, ARIZONA INDIAN GAMING ASSOCIATION, CALIFORNIA
                    NATIONS INDIAN GAMING ASSOCIATION, GREAT PLAINS TRIBAL
                    CHAIRMEN'S ASSOCIATION, INC., INTER TRIBAL ASSOCIATION OF
                    ARIZONA, INC., MIDWEST ALLIANCE OF SOVEREIGN TRIBES,
                    NATIONAL CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN
                    GAMING ASSOCIATION (Attachments: # 1 Text of Proposed Order
                    Proposed Order)(Smith, Kaighn) (Entered: 05/29/2020)
05/29/2020          MINUTE ORDER granting 74 Consent Motion for Leave to File to File
                    Amicus Brief. Signed by Judge Amit P. Mehta on 05/29/2020. (lcapm2)
                    (Entered: 05/29/2020)
05/29/2020   75     Unopposed MOTION for Leave to File Amicus Curiae Brief by ALASKA
                    FEDERATION OF NATIVES, INC. (Attachments: # 1 Exhibit Local Rule 7.1
                    Certificate, # 2 Text of Proposed Order)(Lister, James) (Entered: 05/29/2020)
05/29/2020   76     Joint MOTION for Summary Judgment by ARTIC VILLAGE COUNCIL,
                    CHEYENNE RIVER SIOUX TRIBE, NATIVE VILLAGE OF VENETIE
                    TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL
                    COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE, UTE
                    TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION
                    (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3
                    Declaration Frazier, # 4 Exhibit Frazier, # 5 Exhibit Frazier, # 6 Exhibit
                    Frazier, # 7 Exhibit Frazier, # 8 Exhibit Frazier, # 9 Exhibit Frazier, # 10
                    Exhibit Frazier, # 11 Exhibit Frazier, # 12 Exhibit Frazier, # 13 Exhibit Frazier,
                    # 14 Declaration Herman, # 15 Exhibit Herman, # 16 Exhibit Herman, # 17
                    Exhibit Herman, # 18 Exhibit Herman, # 19 Declaration Yatlin, # 20
                    Declaration Thumma, # 21 Exhibit Thumma, # 22 Declaration Alexie, # 23
                    Exhibit Alexie)(Ducheneaux, Nicole) (Entered: 05/29/2020)
05/29/2020   77     MOTION for Summary Judgment by AKIAK NATIVE COMMUNITY,
                    ALEUT COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT
                    TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION,
                    ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF
                    MALISEET INDIANS, NAVAJO NATION, PUEBLO OF PICURIS,
                    QUINAULT INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP
                    TRIBES (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Kanji, Riyaz)
                    (Entered: 05/29/2020)
05/29/2020   78     MOTION for Summary Judgment by AHTNA, INC., AKIACHAK, LIMITED,
                    ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC.,
                    ASSOCIATION OF ANCSA REGIONAL CORPORATION
                    PRESIDENTS/CEO'S, INC., CALISTA CORPORATION, KWETHLUK,
                    INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION
                    CORPORATION, ST. MARY'S NATIVE CORPORATION (Attachments: # 1
                    Memorandum in Support, # 2 Declaration S. Minich Supp. Decl., # 3 Text of


                                                                                                         28
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 29 of 76



                    Proposed Order)(Wolff, Daniel) (Entered: 05/29/2020)
05/29/2020   79     MOTION for Summary Judgment by STEVEN MNUCHIN (Attachments: # 1
                    Memorandum in Support, # 2 Exhibit 1 − 1977 Final Report, # 3 Text of
                    Proposed Order)(Lynch, Jason) (Entered: 05/29/2020)
05/29/2020   80     LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and
                    Financial Interests by ALASKA FEDERATION OF NATIVES, INC. (eg)
                    (Entered: 06/01/2020)
05/31/2020          MINUTE ORDER granting 75 Unopposed Motion for Leave to File Amicus
                    Curiae Brief. Signed by Judge Amit P. Mehta on 05/31/2020. (lcapm2)
                    (Entered: 05/31/2020)
06/04/2020   81     AMICUS BRIEF re 79 MOTION for Summary Judgment , 78 MOTION for
                    Summary Judgment , 76 Joint MOTION for Summary Judgment , 77
                    MOTION for Summary Judgment filed by ALASKA FEDERATION OF
                    NATIVES, INC.. (Attachments: # 1 Affidavit Local Rule 7.1
                    Certificate)(Lister, James) Modified docket event/text on 6/8/2020 (eg).
                    (Entered: 06/04/2020)
06/04/2020   82     AMICUS BRIEF re 76 Joint MOTION for Summary Judgment filed by
                    ROSEBUD SIOUX TRIBE, NATIVE VILLAGE OF VENETIE TRIBAL
                    GOVERNMENT, CHEYENNE RIVER SIOUX TRIBE, NAVAJO NATION,
                    UTE TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION,
                    OGLALA SIOUX TRIBE, NONDALTON TRIBAL COUNCIL, ARTIC
                    VILLAGE COUNCIL, 77 MOTION for Summary Judgment filed by
                    QUINAULT INDIAN NATION, PUEBLO OF PICURIS, CONFEDERATED
                    TRIBES OF THE CHEHALIS RESERVATION, ASA'CARSARMIUT
                    TRIBE, ALEUT COMMUNITY OF ST. PAUL ISLAND, NAVAJO
                    NATION, AKIAK NATIVE COMMUNITY, TULALIP TRIBES, SAN
                    CARLOS APACHE TRIBE, HOULTON BAND OF MALISEET INDIANS,
                    ELK VALLEY RANCHERIA, CALIFORNIA by AFFILIATED TRIBES OF
                    NORTHWEST INDIANS, ALL PUEBLO COUNCIL OF GOVERNORS,
                    ARIZONA INDIAN GAMING ASSOCIATION, CALIFORNIA NATIONS
                    INDIAN GAMING ASSOCIATION, CALIFORNIA TRIBAL
                    CHAIRPERSON'S ASSOCIATION, GREAT PLAINS TRIBAL
                    CHAIRMEN'S ASSOCIATION, INC., INTER TRIBAL ASSOCIATION OF
                    ARIZONA, INC., INTER−TRIBAL COUNCIL OF THE FIVE CIVILIZED
                    TRIBES, MIDWEST ALLIANCE OF SOVEREIGN TRIBES, NATIONAL
                    CONGRESS OF AMERICAN INDIANS, NATIONAL INDIAN GAMING
                    ASSOCIATION, UNITED SOUTH AND EASTERN TRIBES
                    SOVEREIGNTY PROTECTION FUND. (Smith, Kaighn) Modified event title
                    on 6/9/2020 (znmw). (Entered: 06/04/2020)
06/04/2020   85     LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and
                    Financial Interests by ALASKA FEDERATION OF NATIVES, INC. (eg)
                    (Entered: 06/09/2020)
06/08/2020          MINUTE ORDER regarding the June 12, 2020, hearing on the parties'
                    cross−motions for summary judgment. One lawyer shall present argument on
                    behalf of each grouping of parties (Plaintiffs, Intervenor−Defendants, and the
                    Secretary). In light of the comprehensive briefing presented by the parties, the
                    court will not hear argument by any amici curiae. Signed by Judge Amit P.


                                                                                                       29
    Case 1:20-cv-01002-APM Document 117 Filed 07/15/20 Page 30 of 76



                    Mehta on 06/08/2020. (lcapm2) (Entered: 06/08/2020)
06/08/2020   83     Joint MOTION to Expedite by AKIAK NATIVE COMMUNITY, ALEUT
                    COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE,
                    CHEYENNE RIVER SIOUX TRIBE, CONFEDERATED TRIBES OF THE
                    CHEHALIS RESERVATION, HOULTON BAND OF MALISEET INDIANS,
                    NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO
                    NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE,
                    PUEBLO OF PICURIS, QUINAULT INDIAN NATION, ROSEBUD SIOUX
                    TRIBE, SAN CARLOS APACHE TRIBE, TULALIP TRIBES (Attachments:
                    # 1 Text of Proposed Order)(Ducheneaux, Nicole) (Entered: 06/08/2020)
06/08/2020   84     Joint MOTION for Leave to File Excess Pages by AKIAK NATIVE
                    COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND, ARTIC
                    VILLAGE COUNCIL, ASA'CARSARMIUT TRIBE, CHEYENNE RIVER
                    SIOUX TRIBE, CONFEDERATED TRIBES OF THE CHEHALIS
                    RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA, HOULTON
                    BAND OF MALISEET INDIANS, NATIVE VILLAGE OF VENETIE
                    TRIBAL GOVERNMENT, NAVAJO NATION, NONDALTON TRIBAL
                    COUNCIL, OGLALA SIOUX TRIBE, PUEBLO OF PICURIS, QUINAULT
                    INDIAN NATION, ROSEBUD SIOUX TRIBE, SAN CARLOS APACHE
                    TRIBE, TULALIP TRIBES, UTE TRIBE OF THE UINTAH AND OURAY
                    INDIAN RESERVATION (Attachments: # 1 Text of Proposed
                    Order)(Ducheneaux, Nicole) Modified event title on 6/9/2020 (znmw).
                    (Entered: 06/08/2020)
06/08/2020          MINUTE ORDER granting 84 Motion for Separate Briefing and Additional
                    Pages. Plaintiffs may file two response/reply briefs that do not exceed a
                    combined total of fifty pages. Signed by Judge Amit P. Mehta on 06/08/2020.
                    (lcapm2) (Entered: 06/08/2020)
06/09/2020   86     RESPONSE re 76 Joint MOTION for Summary Judgment , 77 MOTION for
                    Summary Judgment filed by AHTNA, INC., AKIACHAK, LIMITED,
                    ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC.,
                    ASSOCIATION OF ANCSA REGIONAL CORPORATION
                    PRESIDENTS/CEO'S, INC., CALISTA CORPORATION, KWETHLUK,
                    INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION
                    CORPORATION, ST. MARY'S NATIVE CORPORATION. (Attachments: #
                    1 Declaration S. Buretta Supp. Decl.)(Wolff, Daniel) (Entered: 06/09/2020)
06/09/2020   87     RESPONSE re 79 MOTION for Summary Judgment , 78 MOTION for
                    Summary Judgment , 77 MOTION for Summary Judgment filed by AKIAK
                    NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND,
                    ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE
                    CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA,
                    HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION,
                    PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS
                    APACHE TRIBE, TULALIP TRIBES. (Kanji, Riyaz) (Entered: 06/09/2020)
06/09/2020   88     RESPONSE re 76 Joint MOTION for Summary Judgment , 77 MOTION for
                    Summary Judgment filed by STEVEN MNUCHIN. (Lynch, Jason) (Entered:
                    06/09/2020)
06/09/2020   89


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                    RESPONSE re 79 MOTION for Summary Judgment , 78 MOTION for
                    Summary Judgment , 76 Joint MOTION for Summary Judgment
                    Response/Reply in Support of Joint Motion for Summary Judgment filed by
                    ARTIC VILLAGE COUNCIL, CHEYENNE RIVER SIOUX TRIBE,
                    NATIVE VILLAGE OF VENETIE TRIBAL GOVERNMENT, NAVAJO
                    NATION, NONDALTON TRIBAL COUNCIL, OGLALA SIOUX TRIBE,
                    ROSEBUD SIOUX TRIBE, UTE TRIBE OF THE UINTAH AND OURAY
                    INDIAN RESERVATION. (Furlong, Wesley) (Entered: 06/09/2020)
06/10/2020   90     JOINT APPENDIX by AKIAK NATIVE COMMUNITY, ALEUT
                    COMMUNITY OF ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE,
                    CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION, ELK
                    VALLEY RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET
                    INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT
                    INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES.
                    (Attachments: # 1 Appendix)(Kanji, Riyaz) (Entered: 06/10/2020)
06/11/2020   91     MOTION to Divide Argument Time by AHTNA, INC., AKIACHAK,
                    LIMITED, ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION,
                    INC., ARTIC VILLAGE COUNCIL, ASSOCIATION OF ANCSA
                    REGIONAL CORPORATION PRESIDENTS/CEO'S, INC., CALISTA
                    CORPORATION, CHEYENNE RIVER SIOUX TRIBE, KWETHLUK,
                    INCORPORATED, NAPASKIAK, INCORPORATED, NATIVE VILLAGE
                    OF VENETIE TRIBAL GOVERNMENT, NONDALTON TRIBAL
                    COUNCIL, OGLALA SIOUX TRIBE, ROSEBUD SIOUX TRIBE, SEA
                    LION CORPORATION, ST. MARY'S NATIVE CORPORATION
                    (Attachments: # 1 Text of Proposed Order)(Wolff, Daniel) (Entered:
                    06/11/2020)
06/11/2020          MINUTE ORDER granting 91 Motion to Divide Argument Time. The court
                    also will afford the Ute Tribe Plaintiffs time for argument, if they wish to
                    present one. Members of the public or media may access the hearing by dialing
                    the court's toll−free public access line: (877) 848−7030, access code 321−8747.
                    Signed by Judge Amit P. Mehta on 06/11/2020. (lcapm2) Modified on
                    6/11/2020 (lcapm2). (Entered: 06/11/2020)
06/12/2020          Minute Entry for proceedings held via video conference before Judge Amit P.
                    Mehta: Motion Hearing held on 6/12/2020 re 76 77 78 79 Cross−Motions for
                    Summary Judgment. Arguments heard and taken under advisement. (Court
                    Reporter: William Zaremba)(zjd) Modified on 6/12/2020 (zjd). (Entered:
                    06/12/2020)
06/16/2020   92     MOTION for Leave to File Second Amended Complaint by AKIAK NATIVE
                    COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND,
                    ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE
                    CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA,
                    HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION,
                    PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS
                    APACHE TRIBE, TULALIP TRIBES (Attachments: # 1 Proposed Second
                    Amended Complaint, # 2 Text of Proposed Order)(Kanji, Riyaz) (Entered:
                    06/16/2020)
06/17/2020          MINUTE ORDER granting 92 Motion for Leave to File Amended Complaint.
                    Signed by Judge Amit P. Mehta on 06/17/2020. (lcapm2) (Entered:

                                                                                                      31
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                    06/17/2020)
06/17/2020   93     Second AMENDED COMPLAINT against STEVEN MNUCHIN filed by
                    PUEBLO OF PICURIS, SAN CARLOS APACHE TRIBE, TULALIP
                    TRIBES, CONFEDERATED TRIBES OF THE CHEHALIS
                    RESERVATION, NAVAJO NATION, ELK VALLEY RANCHERIA,
                    CALIFORNIA, ALEUT COMMUNITY OF ST. PAUL ISLAND, HOULTON
                    BAND OF MALISEET INDIANS, AKIAK NATIVE COMMUNITY,
                    QUINAULT INDIAN NATION, ASA'CARSARMIUT TRIBE.(eg) (Entered:
                    06/17/2020)
06/17/2020   94     TRANSCRIPT OF MOTION HEARING VIA VIDEOCONFERENCING
                    PROCEEDINGS before Judge Amit P. Mehta held on June 12, 2020; Page
                    Numbers: 1−145. Date of Issuance: June 17, 2020. Court Reporter/Transcriber:
                    William Zaremba; Telephone number: (202) 354−3249. Transcripts may be
                    ordered by submitting the Transcript Order Form

                    For the first 90 days after this filing date, the transcript may be viewed at the
                    courthouse at a public terminal or purchased from the court reporter referenced
                    above. After 90 days, the transcript may be accessed via PACER. Other
                    transcript formats, (multi−page, condensed, PDF or ASCII) may be purchased
                    from the court reporter.

                    NOTICE RE REDACTION OF TRANSCRIPTS: The parties have
                    twenty−one days to file with the court and the court reporter any request to
                    redact personal identifiers from this transcript. If no such requests are filed, the
                    transcript will be made available to the public via PACER without redaction
                    after 90 days. The policy, which includes the five personal identifiers
                    specifically covered, is located on our website at www.dcd.uscourts.gov.

                    Redaction Request due 7/8/2020. Redacted Transcript Deadline set for
                    7/18/2020. Release of Transcript Restriction set for 9/15/2020.(wz) (Entered:
                    06/17/2020)
06/24/2020   95     MOTION to Amend/Correct Complaint by ARTIC VILLAGE COUNCIL,
                    CHEYENNE RIVER SIOUX TRIBE, NATIVE VILLAGE OF VENETIE
                    TRIBAL GOVERNMENT, NONDALTON TRIBAL COUNCIL, OGLALA
                    SIOUX TRIBE, ROSEBUD SIOUX TRIBE (Attachments: # 1 Proposed
                    Amended Complaint)(Ducheneaux, Nicole) (Entered: 06/24/2020)
06/25/2020          MINUTE ORDER granting 95 Cheyenne River Sioux Tribe Plaintiffs' Motion
                    for Leave to File Second Amended Complaint. Signed by Judge Amit P. Metha
                    on 06/25/2020. (lcapm2) (Entered: 06/25/2020)
06/25/2020   96     Second AMENDED COMPLAINT against STEVEN MNUCHIN filed by
                    ARTIC VILLAGE COUNCIL, OGLALA SIOUX TRIBE, NATIVE
                    VILLAGE OF VENETIE TRIBAL GOVERNMENT, NONDALTON
                    TRIBAL COUNCIL, ROSEBUD SIOUX TRIBE, CHEYENNE RIVER
                    SIOUX TRIBE.(eg) (Entered: 06/26/2020)
06/26/2020   97     MEMORANDUM OPINION granting the Secretary's and
                    Defendant−Intervenors' Motions for Summary Judgment, ECF Nos. 79 and 78 ,
                    and denying Plaintiffs' Motions for Summary Judgment, ECF Nos. 76 and 77 .
                    See the attached Memorandum Opinion for further details. Signed by Judge

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                    Amit P. Mehta on 06/26/2020. (lcapm2) (Entered: 06/26/2020)
06/26/2020    98    ORDER. For the reasons set forth in the 97 Memorandum Opinion, the court
                    grants 79 the Secretary's and 78 Defendant−Intervenors' Motions for Summary
                    Judgment, and enters judgment in favor of Defendants in each of the
                    consolidated cases. The preliminary injunction entered on April 27, 2020, ECF
                    No. 37 , is hereby dissolved. See the attached Order for further details. Signed
                    by Judge Amit P. Mehta on 06/26/2020. (lcapm2) (Entered: 06/26/2020)
06/29/2020    99    MOTION for Leave to File Injunction Pending Appeal by AKIAK NATIVE
                    COMMUNITY, ALEUT COMMUNITY OF ST. PAUL ISLAND,
                    ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE
                    CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA,
                    HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION,
                    PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS
                    APACHE TRIBE, TULALIP TRIBES (Attachments: # 1 Text of Proposed
                    Order)(Kanji, Riyaz) (Entered: 06/29/2020)
06/29/2020          MINUTE ORDER. To ensure that Plaintiff Confederated Tribes' Motion for
                    Injunction Pending Appeal receives the court's full consideration, Defendant
                    Secretary of Treasury shall provide the court at least one business day's notice
                    before he disburses any CARES Act funds designated for Alaska regional or
                    village corporations. The parties shall meet and confer and advise the court by
                    July 1, 2020, whether any defendant opposes the requested injunction pending
                    appeal and, if there is such objection, propose a briefing schedule. Signed by
                    Judge Amit P. Mehta on 06/29/2020. (lcapm2) (Entered: 06/29/2020)
06/29/2020          Set/Reset Deadlines: Meet & Confer Statement due by 7/1/2020. (zjd)
                    (Entered: 06/29/2020)
07/01/2020   100    MOTION for Joinder by UTE TRIBE OF THE UINTAH AND OURAY
                    INDIAN RESERVATION re 99 MOTION for Leave to File Injunction
                    Pending Appeal (Rasmussen, Jeffrey) Modified docket event/text on 7/2/2020
                    (eg). (Entered: 07/01/2020)
07/01/2020   101    RESPONSE TO ORDER OF THE COURT re Order,, filed by STEVEN
                    MNUCHIN. (Lynch, Jason) (Entered: 07/01/2020)
07/01/2020   102    RESPONSE re 99 MOTION for Leave to File Injunction Pending Appeal filed
                    by AKIACHAK, LIMITED, CALISTA CORPORATION, KWETHLUK,
                    INCORPORATED, NAPASKIAK, INCORPORATED, SEA LION
                    CORPORATION, ST. MARY'S NATIVE CORPORATION. (Clement, Paul)
                    (Entered: 07/01/2020)
07/01/2020   103    RESPONSE re 99 MOTION for Leave to File Injunction Pending Appeal filed
                    by STEVEN MNUCHIN. (Lynch, Jason) (Entered: 07/01/2020)
07/01/2020   104    RESPONSE re 99 MOTION for Leave to File Injunction Pending Appeal filed
                    by ALASKA NATIVE VILLAGE CORPORATION ASSOCIATION, INC.,
                    ASSOCIATION OF ANCSA REGIONAL CORPORATION
                    PRESIDENTS/CEO'S, INC.. (Wolff, Daniel) (Entered: 07/01/2020)
07/01/2020   105    RESPONSE re 99 MOTION for Leave to File Injunction Pending Appeal filed
                    by AHTNA, INC.. (Attachments: # 1 Exhibit Declaration of Ken
                    Johns)(O'Leary, Michael) (Entered: 07/01/2020)


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07/03/2020   106    RESPONSE re 99 MOTION for Leave to File Injunction Pending Appeal filed
                    by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF ST. PAUL
                    ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED TRIBES OF THE
                    CHEHALIS RESERVATION, ELK VALLEY RANCHERIA, CALIFORNIA,
                    HOULTON BAND OF MALISEET INDIANS, NAVAJO NATION,
                    PUEBLO OF PICURIS, QUINAULT INDIAN NATION, SAN CARLOS
                    APACHE TRIBE, TULALIP TRIBES. (Kanji, Riyaz) (Entered: 07/03/2020)
07/07/2020   107    MEMORANDUM OPINION AND ORDER granting 99 Confederated Tribes
                    Plaintiffs' Motion for Injunction Pending Appeal. The court's Order of June 26,
                    2020, ECF No. 98 , is hereby stayed until the earlier of September 15, 2020, or
                    resolution of this matter by a three−judge panel of the D.C. Circuit, so long as
                    Plaintiffs file a notice of appeal and seek expedited review by July 14, 2020.
                    See the attached Memorandum Opinion for further details. Signed by Judge
                    Amit P. Mehta on 07/07/2020. (lcapm2) Modified on 7/7/2020 (lcapm2).
                    (Entered: 07/07/2020)
07/07/2020          Set/Reset Deadlines: Notice of Appeal due by 7/14/2020. (zjd) (Entered:
                    07/07/2020)
07/07/2020   108    NOTICE OF WITHDRAWAL OF APPEARANCE as to ALASKA NATIVE
                    VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF
                    ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC.. Attorney
                    Christine Williams terminated. (Williams, Christine) (Entered: 07/07/2020)
07/07/2020   109    NOTICE OF WITHDRAWAL OF APPEARANCE as to ALASKA NATIVE
                    VILLAGE CORPORATION ASSOCIATION, INC., ASSOCIATION OF
                    ANCSA REGIONAL CORPORATION PRESIDENTS/CEO'S, INC.. Attorney
                    James Harrison Powell, II terminated. (Williams, Christine) (Entered:
                    07/07/2020)
07/08/2020   110    ERRATA by ALASKA NATIVE VILLAGE CORPORATION
                    ASSOCIATION, INC., ASSOCIATION OF ANCSA REGIONAL
                    CORPORATION PRESIDENTS/CEO'S, INC. 109 Notice of Withdrawal of
                    Appearance filed by ASSOCIATION OF ANCSA REGIONAL
                    CORPORATION PRESIDENTS/CEO'S, INC., ALASKA NATIVE VILLAGE
                    CORPORATION ASSOCIATION, INC.. (Attachments: # 1 Errata Consent by
                    ANVCA)(Williams, Christine) (Entered: 07/08/2020)
07/13/2020   111    NOTICE OF APPEAL TO DC CIRCUIT COURT as to 98 Order, 97
                    Memorandum & Opinion, by UTE TRIBE OF THE UINTAH AND OURAY
                    INDIAN RESERVATION. Filing fee $ 505, receipt number
                    ADCDC−7333262. Fee Status: Fee Paid. Parties have been notified.
                    (Rasmussen, Jeffrey) (Entered: 07/13/2020)
07/14/2020   112    Transmission of the Notice of Appeal, Order Appealed (Memorandum
                    Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee
                    was paid this date re 111 Notice of Appeal to DC Circuit Court,. (eg) (Entered:
                    07/14/2020)
07/14/2020   113    NOTICE OF APPEAL TO DC CIRCUIT COURT as to 97 Memorandum &
                    Opinion, by AKIAK NATIVE COMMUNITY, ALEUT COMMUNITY OF
                    ST. PAUL ISLAND, ASA'CARSARMIUT TRIBE, CONFEDERATED
                    TRIBES OF THE CHEHALIS RESERVATION, ELK VALLEY
                    RANCHERIA, CALIFORNIA, HOULTON BAND OF MALISEET

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                    INDIANS, NAVAJO NATION, PUEBLO OF PICURIS, QUINAULT
                    INDIAN NATION, SAN CARLOS APACHE TRIBE, TULALIP TRIBES.
                    Filing fee $ 505, receipt number ADCDC−7336116. Fee Status: Fee Paid.
                    Parties have been notified. (Kanji, Riyaz) (Entered: 07/14/2020)
07/14/2020   114    ERRATA by UTE TRIBE OF THE UINTAH AND OURAY INDIAN
                    RESERVATION 111 Notice of Appeal to DC Circuit Court, filed by UTE
                    TRIBE OF THE UINTAH AND OURAY INDIAN RESERVATION.
                    (Attachments: # 1 Exhibit Ute Indian Tribe's Corrected Notice of
                    Appeal)(Rasmussen, Jeffrey) (Entered: 07/14/2020)
07/14/2020   115    Transmission of the Notice of Appeal, Order Appealed (Memorandum
                    Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee
                    was paid this date re 113 Notice of Appeal to DC Circuit Court,. (eg) (Entered:
                    07/14/2020)
07/14/2020          USCA Case Number 20−5204 for 111 Notice of Appeal to DC Circuit Court,
                    filed by UTE TRIBE OF THE UINTAH AND OURAY INDIAN
                    RESERVATION. (zrdj) (Entered: 07/14/2020)
07/14/2020          USCA Case Number 20−5205 for 113 Notice of Appeal to DC Circuit Court,
                    filed by QUINAULT INDIAN NATION, PUEBLO OF PICURIS,
                    CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION,
                    ASA'CARSARMIUT TRIBE, ALEUT COMMUNITY OF ST. PAUL
                    ISLAND, NAVAJO NATION, AKIAK NATIVE COMMUNITY, TULALIP
                    TRIBES, SAN CARLOS APACHE TRIBE, HOULTON BAND OF
                    MALISEET INDIANS, ELK VALLEY RANCHERIA, CALIFORNIA. (zrdj)
                    (Entered: 07/14/2020)
07/14/2020   116    NOTICE OF APPEAL TO DC CIRCUIT COURT by CHEYENNE RIVER
                    SIOUX TRIBE. Filing fee $ 505, receipt number ADCDC−7338328. Fee
                    Status: Fee Paid. Parties have been notified. (Ducheneaux, Nicole) (Entered:
                    07/14/2020)




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                            UNITED STATES DISTRICT COURT
                            FOR THE DISTRICT OF COLUMBIA

 CONFEDERATED TRIBES OF THE
 CHEHALIS RESERVATION et al.,

                        Plaintiffs,

        v.                                           Case No. 1:20-cv-1002-APM

 STEVEN MNUCHIN, in his official capacity,

                        Defendant.

 CHEYENNE RIVER SIOUX TRIBE et al.,

                        Plaintiffs,

        v.                                           Case No. 1:20-cv-01059-APM

 STEVEN MNUCHIN, in his official capacity,

                       Defendant.

 UTE INDIAN TRIBE OF THE UINTAH
 AND OURAY INDIAN RESERVATION,

                        Plaintiff,

        v.                                           Case No. 1:20-cv-01070-APM

 STEVEN MNUCHIN, in his official capacity,                 CONSOLIDATED CASES

                       Defendant.

                CHEYENNE RIVER SIOUX PLAINTIFFS’ NOTICE OF APPEAL
       Notice is hereby given that Plaintiffs in Case No. 1:20-cv-01059-APM—Cheyenne River

Sioux Tribe, Rosebud Sioux Tribe, Nondalton Tribal Council, Arctic Village Council, and Native

Village of Venetie (collectively “Cheyenne River Sioux Plaintiffs”)—appeal to the United States

Court of Appeals for the District of Columbia Circuit from the order and final judgment entered

in this action on June 26, 2020, ECF No. 98, and all other orders and rulings entered in this case.

       RESPECTFULLY SUBMITTED this 14th day of July, 2020.


                                                 1

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                               /s/ Nicole E. Ducheneaux
                               /s/ Rose Weckenmann
                               Nicole E. Ducheneaux (D.C. Bar No. NE001)
                               Rose Weckenmann (pro hac vice)
                               BIG FIRE LAW & POLICY GROUP LLP
                               1404 South Fort Crook Road
                               Bellevue, NE 68005
                               Telephone: (531) 466-8725
                               Facsimile: (531) 466-8792
                               Email: nducheneaux@bigfirelaw.com

                               Counsel for Plaintiff Cheyenne River Sioux Tribe

                               /s/ Natalie A. Landreth
                               /s/ Erin C. Dougherty Lynch
                               /s/ Matthew N. Newman
                               /s/ Wesley James Furlong
                               /s/ Megan R. Condon
                               Natalie A. Landreth (D.D.C. Bar No.
                               AK0001) Erin C. Dougherty Lynch (pro hac
                               vice) Matthew N. Newman (pro hac vice)
                               Wesley James Furlong (D.D.C. Bar No. AK0003)
                               Megan R Condon (pro hac vice)
                               NATIVE AMERICAN RIGHTS FUND
                               745 West 4th Avenue, Suite 502
                               Anchorage, AK 99501
                               Telephone: (907) 276-2466
                               Facsimile: (907) 276-
                               2466 Email:
                               landreth@narf.org
                               dougherty@narf.org
                               mnewman@narf.org
                               wfurlong@narf.org
                               mcondon@narf.org

                               Counsel for Plaintiffs Rosebud Sioux Tribe,
                               Nondalton Tribal Council, Arctic Village
                               Council, Native Village of Venetie Tribal
                               Government.




                                 2

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                               CERTIFICATE OF SERVICE

       I hereby certify that on this 14th day of July, 2020, I electronically filed the foregoing
CHEYENNE RIVER PLAINTIFFS’ NOTICE OF APPEAL with the Clerk of the Court
for the United States District Court for the District of Columbia by using the CM/ECF system.
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.




                                             /s/ Nicole E. Ducheneaux
                                             Nicole E. Ducheneaux (D.C. Bar No.
                                             NE001) BIG FIRE LAW & POLICY
                                             GROUP LLP
                                             1404 South Fort Crook
                                             Road Bellevue, NE 68005
                                             Telephone: (531) 466-8725
                                             Facsimile: (531) 466-8792
                                             Email: nducheneaux@bigfirelaw.com




                                               3

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                          UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLUMBIA
 _________________________________________
                                           )
CONFEDERATED TRIBES OF THE                 )
CHEHALIS RESERVATION, et al.,              )
                                           )
       Plaintiffs,                         )
                                           )
              v.                           )    Case No. 20-cv-01002 (APM)
                                           )
STEVEN MNUCHIN, in his official capacity   )
as Secretary of the Treasury,              )
                                           )
       Defendant.                          )
_________________________________________ )
CHEYENNE RIVER SIOUX TRIBE, et al.        )
                                          )
       Plaintiffs,                        )
                                          )
              v.                          )               Case No. 20-cv-01059 (APM)
                                          )
STEVEN MNUCHIN, in his official capacity  )
as Secretary of the Treasury,             )
                                          )
       Defendant.                         )
_________________________________________ )
UTE TRIBE OF THE UINTAH AND               )
OURAY RESERVATION,                        )
                                          )
       Plaintiff,                         )
                                          )
              v.                          )               Case No. 20-cv-01070 (APM)
                                          )
STEVEN MNUCHIN, in his official capacity  )
as Secretary of the Treasury,             )
                                          )
       Defendant.                         )
_________________________________________ )
                                           ORDER

       For the reasons set forth in the court’s Memorandum Opinion, ECF No. 97, the court grants

the Secretary’s and Defendant-Intervenors’ Motions for Summary Judgment, ECF Nos. 78 and 79,




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and denies Plaintiffs’ Motions for Summary Judgment, ECF Nos. 76 and 77, and enters judgment

in favor of Defendants in each of the consolidated cases. The preliminary injunction entered on

April 27, 2020, ECF No. 37, is hereby dissolved.

       This is a final, appealable order.




Dated: June 26, 2020                                      Amit P. Mehta
                                                   United States District Court Judge




                                               2


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                          UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLUMBIA
 _________________________________________
                                           )
CONFEDERATED TRIBES OF THE                 )
CHEHALIS RESERVATION, et al.,              )
                                           )
       Plaintiffs,                         )
                                           )
              v.                           )    Case No. 20-cv-01002 (APM)
                                           )
STEVEN MNUCHIN, in his official capacity   )
as Secretary of the Treasury,              )
                                           )
       Defendant.                          )
_________________________________________ )
CHEYENNE RIVER SIOUX TRIBE, et al.        )
                                          )
       Plaintiffs,                        )
                                          )
              v.                          )             Case No. 20-cv-01059 (APM)
                                          )
STEVEN MNUCHIN, in his official capacity  )
as Secretary of the Treasury,             )
                                          )
       Defendant.                         )
_________________________________________ )
UTE TRIBE OF THE UINTAH AND               )
OURAY RESERVATION,                        )
                                          )
       Plaintiff,                         )
                                          )
              v.                          )             Case No. 20-cv-01070 (APM)
                                          )
STEVEN MNUCHIN, in his official capacity  )
as Secretary of the Treasury,             )
                                          )
       Defendant.                         )
_________________________________________ )

                              MEMORANDUM OPINION

      Under Title V of the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act,

Congress appropriated $8 billion for “Tribal governments” to combat the COVID-19 pandemic.




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This consolidated case concerns who qualifies as a “Tribal government” under the CARES Act.

Plaintiffs are a group of federally recognized tribes from the lower 48 states and Alaska; they ask

this court to permanently enjoin the Secretary of the Treasury from making Title V payments to

Alaska Native regional and village corporations, or ANCs. ANCs are not federally recognized

tribes; rather, they are for-profit corporations established by Congress in 1971 under the Alaska

Native Claims Settlement Act and recognized under Alaska law.

       The CARES Act defines “Tribal governments” to mean “the recognized governing body

of an Indian Tribe.” The Act in turn defines “Indian Tribe” by cross-referencing the definition of

that term in another statute: the Indian Self-Determination and Education Assistance Act.

In Plaintiffs’ view, ANCs do not meet the statutory definition of either “Indian Tribe” or “Tribal

government.” The Secretary of the Treasury, whom Congress vested with authority to allocate

Title V funds, on the other hand, reads the CARES Act to allow payment of Title V funds to ANCs.

The court previously agreed with Plaintiffs, at least tentatively, and preliminarily enjoined the

Secretary from distributing CARES Act funds to ANCs. See Confederated Tribes of the Chehalis

Reservation v. Mnuchin, Case No. 20-cv-1002 (APM), 2020 WL 1984297 (D.D.C. April 27, 2020)

(“Confederated Tribes”). In that decision, the court found that Plaintiffs would be irreparably

harmed absent emergency relief, and that they had established a substantial likelihood of success

on the merits.

       The matter is before the court on cross-motions for summary judgment. Although the court

initially determined that Plaintiffs were likely to succeed on the merits of their claim, after

reviewing the parties’ arguments on summary judgment, the court now holds that ANCs are

“Indian Tribes,” and that their boards of directors are “Tribal governments,” for purposes of the




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CARES Act. Accordingly, ANCs are eligible to receive Title V funds. As a result, the court

dissolves the preliminary injunction and enters judgment in favor of Defendants.

                                                      I.

        A.       Background

        The court begins with a brief overview of the relevant statutes and the history of this case. 1

                 1.      Statutory Background

        Congress enacted the Coronavirus Aid, Relief, and Economic Security Act (“CARES

Act”), Pub. L. No. 116-136, 134 Stat. 281 (2020), to respond to the devastating impacts of the

COVID-19 pandemic. Title V of the CARES Act, the title relevant here, appropriates $150 billion

for fiscal year 2020 for “payments to States, Tribal governments, and units of local government.”

42 U.S.C. § 801(a)(1). Of that sum, $8 billion is “reserve[d] . . . for making payments to Tribal

governments.” Id. § 801(a)(2)(B). Congress directed the Secretary of the Treasury (“Secretary”)

to disburse those monies to “Tribal governments” within 30 day of the law’s enactment, or by

April 26, 2020. § 801(b)(1).

        The CARES Act defines “Tribal government” as “the recognized governing body of an

Indian tribe.” Id. § 801(g)(5). The Act further provides that “[t]he term ‘Indian Tribe’ has the

meaning given that term” in section 4(e) of the Indian Self-Determination and Education

Assistance Act, 25 U.S.C. § 5304(e)). Id. § 801(g)(1). The Indian Self-Determination and

Education Assistance Act, or ISDEAA, defines “Indian tribe” as “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




        1
          For a more detailed factual and procedural background, the court directs the reader to its Memorandum
Opinion granting preliminary injunctive relief. See Confederated Tribes, 2020 WL 1984297.

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(85 Stat. 688) [43 U.S.C. § 1601 et seq. (“ANCSA”)], 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 court refers to “Alaska Native . . . regional or village

corporation[s]” in this opinion as ANCs.

       Congress enacted ISDEAA in 1975 “to help Indian tribes assume responsibility for aid

programs that benefit their members.” Menominee Indian Tribes of Wis. v. United States,

136 S. Ct. 750, 753 (2016).      Under ISDEAA, federally recognized Indian tribes, tribal

organizations, and tribal consortiums can choose to have the Bureau of Indian Affairs (BIA)

provide direct services, or they can operate the programs themselves by entering into “self-

determination contracts” with these federal agencies to provide services that otherwise would have

been provided by the federal government, such as education, law enforcement, and health care.

25 U.S.C. § 5321(a)(1); see also Menominee Indian Tribes of Wis., 136 S. Ct. at 753.            A

contracting tribal organization is eligible to receive the amount of money that the federal

government would have otherwise spent on the program, see 25 U.S.C. § 5325(a)(1), as well as

reimbursement for reasonable “contract support costs,” which include administrative and overhead

costs associated with carrying out the contracted programs, id. § 5325(a)(2), (3)(A). ISDEAA was

amended in 1988, 1994, and 2000, and now includes health care programs administered by the

Indian Health Service. See Pub. L. 100-472 (Oct. 5, 1988); Pub. L. 103-413 (Oct. 25, 1994); Pub.

L. 106-260 (Aug. 18, 2000).

               2.     Factual and Procedural Background

       Congress instructed the Secretary to distribute Title V funding quickly—within 30 days of

the law’s enactment. So, on April 13, 2020, shortly after the CARES Act became law, the

Secretary published on the Treasury Department’s website a form titled “Certification for



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Requested Tribal Data,” which sought certain data to effectuate disbursement of CARES Act

funds. See Confederated Tribes of the Chehalis Pls.’ Mot. for TRO & Prelim. Inj., ECF No. 3,

Decl. of Riyaz Kanji, Ex. 2, ECF No. 3-8 [hereinafter Certification], at 15–16. The Certification

identified metrics specific to ANCs. ANCs are not federally recognized Indian tribes but are for-

profit corporations established by Congress under the Alaska Native Claims Settlement Act. See

43 U.S.C. §§ 1606, 1607. The metrics specific to ANCs identified by the Secretary included

“shareholders” as of January 1, 2020, and total land base, which expressly included lands “selected

pursuant to the Alaska Native Claims Settlement Act.” Certification.

        The Certification’s posting prompted three groups of Tribes to bring suit against the

Secretary under the Administrative Procedure Act (“APA”), challenging the Secretary’s

anticipated treatment of ANCs as eligible for Title V funding. Id. On April 17, 2020, the

Confederated Tribes of the Chehalis Reservation, the Tulalip Tribes, the Houlton Band of Maliseet

Indians, the Akiak Native Community, the Asa’carsarmiut Tribe, and the Aleut Community of

St. Paul Island (collectively, “Confederated Tribes Plaintiffs”) filed an action against the Secretary.

Confederated Tribes Compl., ECF No. 1. 2 Shortly afterward, Plaintiffs Cheyenne River Sioux

Tribe, Oglala Sioux Tribe, and Rosebud Sioux Tribe filed their suit, see Cheyenne River Sioux

Compl., ECF No. 1, and Plaintiff Ute Indian Tribe of the Uintah and Ouray Reservation filed a

third lawsuit the next day, see Ute Compl., ECF No. 1. The court consolidated all three cases.

See Docket 20-cv-1070, Minute Order, April 24, 2020; Docket 20-cv-1059, Minute Order, April

23, 2020.




        2
          The Confederated Tribes Plaintiffs filed an amended complaint, which added the Navajo Nation; Quinault
Indian Tribe; Pueblo of Picuris; Elk Valley Rancheria, California; and San Carlos Apache Tribe as plaintiffs.
See Am. Confederated Tribes Compl., ECF No. 7. Plaintiffs again brought the same single count for violations of the
APA. Id. ¶¶ 117–23.

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         On April 23, 2020, the Treasury Department formally announced its position that it

intended to distribute Title V funds to ANCs: “After consultation with the Department of the

Interior, Treasury has concluded that Alaska Native regional and village corporations as defined

in or established pursuant to the Alaska Native Claims Settlement Act are eligible to receive

payments from the Fund in the amounts to be determined by the Secretary of the Treasury.”

U.S. TREASURY DEP’T, Coronavirus Relief Fund Payments to Tribal Governments (April 23,

2020) (footnote omitted). 3

         All Plaintiffs moved for preliminary injunctive relief, which this court granted on April 27,

2020. See Confederated Tribes, 2020 WL 1984297. In granting that relief, the court rejected the

Secretary’s threshold contention that the Treasury Department’s legal determination that ANCs

are eligible for Title V funds is a presumptively unreviewable discretionary action under the APA.

See id. at *5–6. The court concluded that, “while the Secretary’s decisions as to how much to

disburse might not be reviewable, his decisions to whom to disburse those funds most certainly

is.” Id. at *5 (footnote omitted). As for the injunction factors, the court evaluated them on a sliding

scale and found that they weighed in favor of granting relief. See id. at *7–15. In particular, on

the merits of the APA claim, the court preliminarily agreed with Plaintiffs that no ANC satisfied

the CARES Act’s definition of “Tribal government” and therefore no ANC was eligible for Title

V funds. Id. at *10. The court declined, however, to grant the full relief that Plaintiffs sought.

Instead of compelling the Secretary to distribute all $8 billion in Title V funds only to federally

recognized Indian tribes, the court entered a “more limited remedy,” id. at *16, which enjoined the


         3
            Available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Payments-to-Tribal-
Governments.pdf. The Confederated Tribes and the Cheyenne River Sioux Plaintiffs both amended their complaints
a second time following summary judgment briefing to include an additional allegation regarding the Secretary’s April
23, 2020 statement, which was not issued until after the date of the Confederated Tribes Plaintiffs’ first amended
complaint. See Confederated Tribes Second Am. Compl., ECF No. 93; Cheyenne River Sioux Second Am. Compl.,
ECF No. 96.

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Secretary from disbursing Title V funds to any ANC pending entry of a final judgment in the case,

see Order, ECF No. 37.

        On May 5, 2020, the Treasury Department began distributing 60 percent, or $4.8 billion,

of the $8 billion in Title V funds designated for Tribal governments. The Secretary allocated that

sum based not on any information collected through the Certification, but rather on pre-existing

tribal population data maintained by the U.S. Department of Housing and Urban Development

(“HUD”).      See U.S. DEP’T OF TREASURY, Coronavirus Relief Fund Allocations to Tribal

Governments (May 5, 2020), at 2. 4 Based on the HUD data, the Secretary determined that ANCs

would receive $162.3 million in Title V funds but withheld that amount to comply with the

preliminary injunction. See Agua Caliente Band of Cahuilla Indians v. Mnuchin, No. 20-cv-01136

(APM) [hereinafter Agua Caliente Band], 5/8/2020 Hr’g Tr., ECF No. 30, at 18.

        The Secretary began disbursing the balance of the Title V funds on June 17, 2020.

See Notice, Agua Caliente Band, ECF No. 43 [hereinafter Notice]. This second tranche of

emergency relief was distributed based on employment and expenditure data submitted by Tribal

governments, including ANCs. See Def.’s Status Report, Agua Caliente Band, ECF No. 39. The

Secretary once again allocated Title V funds to ANCs but withheld making payments per the

court’s order, see Notice, and he has not publicly announced the exact amount withheld for ANCs

in this second tranche of funding.

        Meanwhile, a number of ANCs and ANC associations filed motions to intervene as

defendants in this case, 5 which the court granted. See Minute Order, May 13, 2020; Order, ECF



       4
         Available at https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Tribal-Allocation-
Methodology.pdf.
        5
          See Mot. of Ahtna, Inc. to Intervene as Defendant & Incorporated Mem. of Law, ECF No. 43; Mot. of
Alaska Native Village Corp. Ass’n, Inc. & Ass’n of ANCSA Regional Corp. Presidents/CEO’s, Inc. to Intervene and
Mem. of P. & A., ECF No. 45; Mot. to Intervene as Defendants & Supp. Mem. of Law, ECF No. 46.

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No. 70. Summary judgment briefing concluded on June 9, 2020, and the court heard argument on

the parties’ cross-motions on June 12, 2020. See Minute Entry, June 12, 2020.

                                                 II.

       Under Federal Rule of Civil Procedure 56, summary judgment is appropriate when the

moving party demonstrates that “there is no genuine dispute as to any material fact and the movant

is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). However, in cases such as this

one involving review of a final agency action, the standard set forth in Rule 56 does not apply.

See AFL-CIO v. Chao, 496 F. Supp. 2d 76, 81 (D.D.C. 2007). The court’s role in an APA action

“is to determine whether or not as a matter of law the evidence in the administrative record

permitted the agency to make the decision it did.” Charter Operators of Ala. v. Blank, 844 F. Supp.

2d 122, 127 (D.D.C. 2012) (quoting Occidental Eng’g Co. v. INS, 753 F.2d 766, 769–70 (9th Cir.

1985)). Summary judgment “serves as a mechanism for deciding, as a matter of law, whether the

agency action is supported by the administrative record and is otherwise consistent with the APA

standard of review.” Id.

                                                III.

       The Secretary renews the jurisdictional argument that the court rejected at the preliminary

injunction stage, which is that “Congress did not intend for emergency relief payments to be

subject to judicial review.” Def.’s Mot for Summ. J., ECF No. 79, Def.’s Mem of Law in Supp.

of its Mot. for Summ. J., ECF No. 79-1 [hereinafter Def.’s Mot.], at 11. The Secretary points to

two features of the CARES Act that he contends evince such congressional intent. First, he points

to the short statutory, 30-day timeline to distribute funds. Id. at 11–12. Second, he argues that the

statutory scheme, which does not require Treasury to publish to “whom it will be paying, its

methodology or the payment amounts” prior to disbursing the funds, makes clear Congress’s intent



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that the Secretary’s decisions be insulated from review. Id. at 12. These arguments are refinements

of the Secretary’s prior assertion of judicial non-reviewability, but they fare no better.

       There is a “strong presumption that Congress intends judicial review of administrative

action.” Council for Urological Interests v. Sebelius, 668 F.3d 704, 708 (D.C. Cir. 2011) (quoting

Bowen v. Mich. Acad. of Family Physicians, 476 U.S. 667, 670 (1986)). That presumption can be

overcome if “congressional intent to preclude judicial review is fairly discernible from the

statutory scheme.” Block v. Cmty. Nutrition Inst., 467 U.S. 340, 390 (1984). But such a showing

entails a “heavy burden,” which must be carried by “clear and convincing evidence.” Dunlop v.

Bachowski, 421 U.S. 560, 567 (1975) (citation omitted), overruled on other grounds by Furniture

& Piano Moving, Furniture Store Drivers, Helpers, Warehousemen & Packers v. Crowley, 467

U.S. 526 (1984).

       A tight statutory deadline by itself is not sufficient to overcome the strong presumption in

favor of judicial review. See id. at 562 n.2 & 567 (holding that a decision by the Secretary of

Labor subject to a 60-day deadline is reviewable); In re FTC Corp. Patterns Report Litig., 432

F. Supp. 274, 289–90 (D.D.C. 1977) (rejecting argument that 45-day timeline for agency action

evinced Congress’[s] intent to preclude judicial review, and reasoning that “[a]t best, a court could

indirectly imply from Congress’s obvious desire to prevent undue delays an intent to protect the

[Secretary’s] actions from judicial scrutiny. This tenuous link, however, does not constitute clear

and convincing evidence of Congressional intent to preclude judicial review.”). The cases

Defendant cites to the contrary are easily distinguishable. In Morris v. Gressette, 432 U.S. 491

(1977), for example, the Court pointed to numerous features of the statute, including “the potential

severity of the . . . remedy, the statutory language, and the legislative history,” from which

“nonreviewability [could] fairly be inferred.” Id. at 501, 504 (citation omitted). No such additional



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indicia are present here. Dalton v. Specter also is inapposite. There, four concurring Justices

found that a series of “tight and rigid deadlines” prescribed in a statutory scheme for military base

closings was an indication that Congress did not intend for judicial review of an individual closing

determination. 511 U.S. 462, 479 (1994) (Souter, J., concurring, joined by Blackmun, Stevens,

Ginsburg, JJ.). But there was also more at play in Dalton: the Justices observed that “the Act’s

text and intricate structure . . . plainly express congressional intent that action on a base-closing

package be quick and final, or no action be taken at all.” Id. That included not only a series of

“unbending” time deadlines, but also the speed with which the base closures were to occur if

approved and the disbanding of the base-closing Commission at the end of each decision round,

and its eventual automatic termination. See id. at 480–81. Here, in sharp contrast, Congress did

not tie the 30-day distribution period to any other deadline for congressional or agency action; and

there is no impending automatic expiration of authority to distribute the funds. 6 Nor can it be said

that the deadline is “unbending,” as the Secretary—independent of any litigation—did not begin

distributing the second tranche of funds until June 12, 2020, 47 days past the 30-day deadline, see

Def.’s Status Report, Agua Caliente Band, ECF No. 39; 42 U.S.C. § 801(b)(1). A stand-alone

deadline, even one of a mere 30 days, cannot without more overcome the strong presumption in

favor of agency review.

         Nor does the fact that Congress did not require the Secretary to identify aid recipients

before making payments indicate an intent to foreclose judicial review. The Secretary points to

no evidence that Congress even considered such a pre-publication requirement, let alone

consciously elected not to adopt one. The court cannot draw any inference of non-reviewability



         6
            At most, Title V mandates payment of funds for “fiscal year 2020,” which expires September 30, 2020.
42 U.S.C. § 801(b). That leaves sufficient time to litigate this matter to its conclusion, including possible expedited
appellate review.

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from Congress’s failure to enact a provision that it did not even consider. The presumption of

reviewability therefore applies, and the Secretary has failed to defeat it.

                                                 IV.

       The court turns now to the merits. Recall, the CARES Act grants $8 billion in emergency

aid to “Tribal governments,” which the Act defines as “the recognized governing body of an Indian

Tribe.” 42 U.S.C. § 801(g)(5). “Indian Tribe,” in turn, “has the meaning given that term” under

ISDEAA. Id. § 801(g)(1). ISDEAA defines “Indian tribe” as:

               [A]ny 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 (85 Stat. 688), 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). Plaintiffs argue that ANCs do not qualify for Title V funds for two reasons:

(1) ANCs do not meet ISDEAA’s definition of “Indian Tribe,” and (2) ANCs are not a “recognized

governing body” of an Indian tribe, nor do they have such a body. Though these arguments seem

straightforward at first blush, the parties have staked out varied approaches in addressing them.

       Whether ANCs are “Indian Tribes” under ISDEAA turns on how one reads the dependent

clause that appears at the end of the ISDEAA definition—“which is recognized as eligible for the

special programs and services provided by the United States to Indians because of their status as

Indians.” The court refers to this as the “eligibility clause.” According to the Confederated Tribes

Plaintiffs, the eligibility clause applies to each listed entity that comes before it, including most

critically “Alaska Native . . . regional or village corporations”—ANCs. See Confederated Tribes

Mot. for Summ. J. and Mem. of P. & A., ECF No. 77 [hereinafter Confederated Tribes Mot.], at




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13 (citing 25 U.S.C. § 5304(e)). Because no ANC presently satisfies the eligibility clause, those

Plaintiffs say, none qualifies for CARES Act funds. Id. at 13–14.

       The Confederated Tribes Plaintiffs, however, are the only Plaintiffs that press this

interpretation. The Cheyenne River Sioux and Ute Plaintiffs (collectively, “Cheyenne River Sioux

Plaintiffs”) acknowledge that “ANCs can be treated as ‘Indian tribe[s]’ for limited purposes” under

ISDEAA. See Pls. Cheyenne River Sioux Tribe’s, Rosebud Sioux Tribe’s, Oglala Sioux Tribe’s,

Nondalton Tribal Council’s Arctic Village Council’s Native Village of Venetie Tribal

Government’s, Navajo Nation’s, & Ute Indian of the Uintah & Ouray Indian Reservation’s Mem.

in Supp. of Jt. Mot. for Summ. J., ECF No. 76-2 [hereinafter Cheyenne River Sioux Mot.], at 4.

Thus, there is a split among Plaintiffs as to whether ANCs qualify as “Indian Tribes” for purposes

of the CARES Act.

       Ironically, the Secretary agrees with the Confederated Tribe Plaintiffs that ANCs do not

satisfy, and never have satisfied, the eligibility clause; and yet he contends that ANCs qualify for

CARES Act funding as “Indian Tribes” under ISDEAA. Def.’s Mot. at 1. The Secretary asserts

that the ISDEAA definition must be read to, in effect, exempt ANCs from satisfying the eligibility

clause. That interpretation, the Secretary claims, is faithful to congressional design, because the

Confederated Tribes’ alternative reading, if accepted, would render the listing of ANCs in the

ISDEAA definition surplusage and defeat Congress’s intent to make ANCs eligible for ISDEAA

self-determination contracts. The ANC-Intervenors, by contrast, take a “heads-I-win, tails-I-win”

approach to reading the ISDEAA definition. They say that ANCs do satisfy the ordinary meaning

of the eligibility clause, because they are “eligible for the special programs and services provided

by the United States to Indians because of their status as Indians.” Mem. of P. & A. in Supp. of

Intervenor-Defs.’ Mot. for Summ. J., ECF No. 78-1 [hereinafter Intervenors’ Mot.], at 47;



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Intervenor-Defs.’ Resp. in Opp’n to Pls.’ Cross-Mots. for Summ. J., ECF No. 86 [hereinafter

Intervenors’ Opp’n], at 5. The Secretary expressly rejects this reading, contending that the

eligibility clause conveys the principle of federal recognition of Indian tribes, which ANCs as

corporations cannot satisfy (the Confederated Tribe Plaintiffs agree). See Def.’s Combined Opp’n

& Reply in Supp. of Mot. for Summ. J., ECF No. 88 [hereinafter Def.’s Opp’n], at 4 n.3;

Confederated Tribes Mot. at 14; Confederated Tribes Pls.’ Reply in Supp. of its Mot. for Summ.

J. & Resp. in Opp’n to Defs.’ Mots. for Summ. J., ECF No. 87 [hereinafter Confederated Tribes

Opp’n], at 7–8. No matter, say the ANC-Intervenors. If their primary reading is incorrect, they

then embrace the Secretary’s reading, which exempts ANCs from the eligibility clause.

See 6/12/2020 Hr’g Tr., ECF No. 94, at 88–89. Either way, according to the ANC-Intervenors,

they qualify as “Indian Tribes” under ISDEAA and therefore are eligible for Title V funds. Id.

       There is greater alignment among the parties on the second question: whether an ANC

qualifies as a “Tribal government” for the purposes of the CARES Act. The Cheyenne River Sioux

Plaintiffs urge the court not to get bogged down in the morass of whether ANCs qualify as “Indian

Tribes” because, in their view, “ANCs are not Tribal governments under any measure.” Cheyenne

River Sioux Mot. at 2. The Confederated Tribes Plaintiffs agree, though this is their secondary

position. Confederated Tribes Mot. at 12–13. The Secretary and the ANC-Intervenors see eye-

to-eye on this question, too. They agree that an ANC’s board of directors qualifies as a “recognized

governing body of an Indian tribe” for purposes of the CARES Act. Def.’s Mot. at 34; Intervenors’

Mot. at 38–39. Their argument, as will be seen below, relies on a similar definitional phrase

contained in ISDEAA, “tribal organization,” that appears nearly verbatim as the CARES Act’s

definition of “Tribal government,” compare 25 U.S.C. § 5304(l) (defining “tribal organization” to

mean in part “the recognized governing body of any Indian tribe”) with 42 U.S.C. § 801(g)(5)



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(defining “Tribal government” to mean “the recognized governing body of an Indian Tribe”),

which they assert encompasses an ANC’s board of directors for ISDEAA contracting purposes.

Def.’s Mot. at 30–31, 33; Intervenors’ Mot. at 38–39.

       As the above summation shows, this case does not present easy, straightforward questions

of statutory interpretation. The court has wrestled with them. Each side has marshaled an

impressive array of textual, historical, and practical evidence, all of which must be viewed against

the unique treatment of Native Alaskans by Congress and Executive Branch agencies. Though the

court ruled at the preliminary injunction stage that ANCs likely did not qualify for CARES Act

funds, as explained below, the court now concludes otherwise: ANCs qualify as “Indian Tribes,”

and their boards of directors are “recognized governing bod[ies],” for purposes of the CARES Act.

Accordingly, the court holds that ANCs are eligible for Title V funding.

       A.      “Indian Tribe” under ISDEAA

       The parties agree that, as a matter of pure grammar, the eligibility clause contained in the

definition of “Indian Tribe” in ISDEAA and the CARES Act applies to ANCs. See Hr’g Tr. at

54–55; Intervenors’ Opp’n at 4–5; Confederated Tribes Mot. at 13–14. The eligibility clause

plainly modifies each of the nouns that precedes it, including ANCs. The parties diverge, however,

on whether that grammatical structure both begins and ends the statutory interpretation debate.

       Each side comes armed with its own preferred canon of statutory construction. The

Confederated Tribes Plaintiffs contend that the series-qualifier canon of statutory interpretation

settles this case. See Confederated Tribes Mot. at 13–14. Under that canon, “‘[w]hen there is a

straightforward, parallel construction that involves all nouns or verbs in a series,’ a modifier at the

end of the list ‘normally applies to the entire series,’” Lockhart v. United States, 136 S. Ct. 958,

970 (2016) (Kagan, J., dissenting) (quoting ANTONIN SCALIA & BRYAN A. GARNER, READING



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LAW: THE INTERPRETATION OF LEGAL TEXTS 147 (2012) (SCALIA & GARNER)). Relatedly, under

the last antecedent rule, “a limiting clause or phrase . . . should ordinarily be read as modifying

only the noun or phrase that it immediately follows.” Barnhart v. Thomas, 540 U.S. 20, 26 (2003).

Applying either of these canons dictates that “any Alaska Native village or regional or village

corporation” qualifies as an “Indian tribe” only if it 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); see also Confederated Tribes Mot. at 13 n.8. Because no ANC is so

recognized as eligible for the special programs and services provided by the United States, the

argument goes, no ANC is an “Indian tribe” under ISDEAA.

       The Secretary, on the other hand, urges the court to look beyond the statute’s grammatical

structure. He argues that a blind application of the series-qualifier canon would violate the

“‘cardinal principle’ of statutory interpretation”—that is, “to adopt a reading that gives effect to

every term in the statute.” Def.’s Opp’n at 7 (quoting Parker Drilling Mgmt. Servs., Ltd. v.

Newton, 139 S. Ct. 1881, 1890 (2019)). Here, according to the Secretary, Congress expressly

inserted ANCs into the statutory text, despite knowing that ANCs could not satisfy the eligibility

clause because of their status as for-profit corporations. Subjecting ANCs to the eligibility clause

therefore would negate their addition, rendering the inclusion of “Alaska Native [ ] regional or

village corporation” surplusage.

       Although a close question, the court is now convinced that, in 2020 when Congress passed

the CARES Act, it could not have intended the eligibility clause to apply ANCs. Several

considerations lead the court to this result. First, while the Confederated Tribes Plaintiffs

emphasize the importance of the series-qualifier canon, the court’s proper role is not to apply a

single canon of statutory construction—“canons of construction are no more than rules of thumb



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that help courts determine the meaning of legislation,” Conn. Nat’l Bank v. Germain, 503 U.S.

249, 253 (1992). The court must interpret the statute as whole to give effect to congressional

intent. Parker Drilling, 139 S. Ct. at 1890. Consequently, the court cannot simply disregard the

inclusion of ANCs in the definition that Congress chose for purposes of the CARES Act. Second,

the court’s interpretation is consistent with ISDEAA’s legislative history, which reveals that

Congress took pains to include ANCs in the ISDEAA definition. Third, to the extent the competing

canons of construction give rise to ambiguity, Skidmore deference to the BIA’s interpretation of

ISDEAA is warranted, given the reasonableness of the agency’s approach and its longstanding

adherence to it. The court discusses each of these reasons below. Because the court reads the

eligibility clause as inapplicable to ANCs, the court does not address the ANC’s alternative

argument that they satisfy the ordinary meaning of the eligibility clause.

                                                 1.

       Applying the series-qualifier canon in this case does not resolve the statutory interpretation

debate. “[A]s with any canon of statutory interpretation,” the series-qualifier canon “‘is not an

absolute and can assuredly be overcome by other indicia of meaning.’” Lockhart, 136 S. Ct. at

963, 965 (quoting Barnhart, 540 U.S. at 26). Indeed, as the Tenth Circuit has observed, the series-

qualifier canon, “perhaps more than most canons, is subject to defeasance by other canons—that

is, it is perhaps more prone than most to have its effect nullified by other canons.” Jordan v.

Maxim Healthcare Servs., Inc., 950 F.3d 724, 745 (10th Cir. 2020) (cleaned up); see also SCALIA

& GARNER at 150 (“Perhaps more than most of the other canons, [the series-qualifier canon] is

highly sensitive to context.”).

       Such is the case here, where the series-qualifier canon runs headlong into another canon of

interpretation: the rule against superfluity. It is “the ‘cardinal principle’ of interpretation that



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courts ‘must give effect, if possible, to every clause and word of a statute.’” Parker Drilling, 139

S. Ct. at 1890 (quoting Loughrin v. United States, 573 U. S. 351, 358 (2014)). As a result, courts

are “reluctant to treat statutory terms as surplusage in any setting.” Duncan v. Walker, 533 U.S.

167, 174 (2001) (cleaned up). Such reluctance is particularly apt here, where adopting Plaintiffs’

construction would render Congress’s purposeful inclusion of ANCs in the ISDEAA definition

“wholly superfluous.”     Id. at 174.    ANCs would become “wholly superfluous” under the

Confederated Tribes’ preferred reading, because all agree (except the ANCs themselves) that

ANCs never have, and almost certainly never will, satisfy the eligibility clause. ANCs cannot be

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) (emphasis added). ANCs, after

all, are for-profit corporations established by Congress and recognized under Alaska law, and thus

do not enjoy “status as Indians.” Indeed, under the Alaska Native Claims Settlement Act, the

statute that established ANCs by extinguishing all aboriginal claims to Alaska land, the transfer of

land to the new, state-chartered private business corporations “was without any restraints on

alienation or significant use restrictions” precisely because Congress intended to avoid “‘any

permanent racially defined institutions, rights, privileges, or obligations.’” Alaska v. Native Vill.

of Venetie Tribal Gov’t, 522 U.S. 520, 532–33 (1998) (quoting 43 U.S.C. § 1601(b)). Thus, while

the first ANC shareholders were required to be Alaska Natives, the corporations could immediately

convey former reservation lands and ANC stock to non-Natives. Id. at 533; 43 U.S.C. § 1606(h).

It cannot be said, then, that ANCs enjoy “status as Indians.”

       Moreover, both the Secretary and the Confederated Tribes read the eligibility clause as

conveying the principle of federal recognition, which confers upon tribes a distinct political and

legal status in relation to the United States. See 6/12/2020 Hr’g Tr. at 60; Confederated Tribes



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Mot. at 14–15. The Confederated Tribes contend that ISDEAA’s eligibility clause must be read

in pari materia with the nearly identical language in the Federally Recognized Indian Tribe List

Act of 1994, Pub. L. No. 103-454, 108 Stat. 4791, or List Act, which directs the Secretary of

Interior to publish a “list of all Indian tribes that the Secretary recognizes to be eligible for the

special programs and services provided by the United States to Indians because of their status as

Indians” (quoting 25 U.S.C. § 5131(a))). No ANC has ever been federally recognized by the United

States as an Indian tribe under the List Act because no ANC is “recognize[d] to be eligible for the

special programs and services provided by the United States to Indians because of [its] status as

Indians.” The court agrees that the nearly identically worded eligibility clauses in both statutes

are terms of art that convey the principle of federal recognition, and thus reading the eligibility

clause to apply to ANCs would render as surplusage their listing in the ISDEAA definition of

“Indian tribe.”

         The Confederated Tribes Plaintiffs attempt to sidestep this superfluity problem by asserting

there is no such problem to begin with. They contend that the disjunctive nature of the clause in

which ANCs appear—which they refer to as the “Alaska clause”—“means that the clause has

effect as long as ‘any Alaska Native village or regional or village corporation’ satisfies the terms

of the eligibility clause, and according to the Secretary of the Interior’s own listing there are 229

Native villages[7] that do.” Confederated Tribes Opp’n at 8. The court expressed a similar logic

in its preliminary injunction opinion, writing that “[t]he possibility that ANCs might not qualify

under the eligibility clause is hardly fatal to carrying out Congress’s purpose under ISDEAA . . .

[because] [Alaska Native villages] are also in the statute [and] [t]hey can and do satisfy the


         7
           Alaska Native villages are not corporations. They are sovereign, political entities exercising governmental
authority, much like “‘Indian tribes,’ as that term is commonly used to refer to Indian entities in the contiguous
48 states.” See Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian
Affairs, 58 Fed. Reg. 54,364, 54,365 1993 WL 420646 (October 21, 1993).

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eligibility clause.” Confederated Tribes, 2020 WL 1984297 at *11. The court is no longer

convinced of this rationale. ISDEAA says that “‘Indian tribe’ means any . . . organized group or

community, including any Alaska Native [1] village or [2] regional [corporation] or [3] village

corporation as defined in or established pursuant to [ANCSA].” 25 U.S.C. § 5304(e) (emphasis

added). Congress thus intended for any of the nouns in the Alaska clause to satisfy the definition,

and subjecting any of those nouns to a requirement that it cannot meet—as Plaintiffs seek to do—

would still turn that noun into surplusage. The series-qualifier canon therefore must give way in

this case to the rule against superfluity. 8

         Plaintiffs’ cited authorities are not to the contrary. Plaintiffs rely on Chickasaw Nation v.

United States, 534 U.S. 84 (2001), and King v. Burwell, 135 S. Ct. 2480 (2015), for the proposition

that “the canon against surplusage should [not] be elevated to Holy Grail status and operate to

subvert the plain meaning of the statutory text.” Confederated Tribes Opp’n at 10. But these cases

are readily distinguishable. Chickasaw Nation concerned a provision of the Indian Gaming

Regulatory Act that, like ISDEAA, featured an “including” clause (akin to the Alaska clause)

followed by a limiting clause (akin to the eligibility clause). 534 U.S. at 86–87. The Court there

rejected the plaintiffs’ reliance on the canon against surplusage and instead found that the limiting

clause applied to the words before it—to find otherwise would “seriously rewrit[e] the language

of the rest of the statute.” Id. at 89. But critical to that conclusion was the Court’s reasoning that

the troublesome language in the statute—a cross-reference to another chapter of the Internal

Revenue Code—was “simply a drafting mistake, a failure to delete an inappropriate cross-

reference in the bill that Congress later enacted into law.” Id. at 91.


         8
           The Confederated Tribes Plaintiffs also suggest that applying the eligibility clause to ANCs does not render
them superfluous under ISDEAA, because in 1975, when Congress passed the statute, it was an open question whether
ANCs could satisfy the eligibility clause. Confederated Tribes Mot. at 31. The court addresses this argument in the
following section.

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       The Court struck a similar chord in King v. Burwell. That case involved the Affordable

Care Act, which the Court observed “contains more than a few examples of inartful drafting” and,

by virtue of how the legislation was enacted, “does not reflect the type of care and deliberation

that one might expect of such significant legislation.” 135 S. Ct. at 2492. In light of these

shortcomings, the Court found “specifically with respect to this Act, rigorous application of the

[surplusage] canon does not seem a particularly useful guide to a fair construction of the statute.”

Id.

       The reasons for discounting the surplusage canon that were present in Chicksaw Nation

and King v. Burwell simply are not present here. There is nothing to suggest that Congress’s

inclusion of ANCs in the ISDEAA definition of “Indian tribe” was a drafting error; nor is there

any reason to question the Legislative Branch’s diligence in drafting the definition. To the

contrary, as discussed4 further below, the definition’s legislative history reflects a conscious

decision on the part of Congress to make ANCs eligible to contract with the United States to deliver

public services to Alaska Native populations. Thus, while the “preference for avoiding surplusage

constructions is not absolute,” Lamie v. United States Trustee, 540 U.S. 526, 536 (2004), there is

no good reason to abandon it here.

       Admittedly, reading the ISDEAA definition as the Secretary posits gives rise to an odd

grammatical result. No one disputes that an “Alaska Native village”—the first entity listed in the

Alaska clause—must satisfy the eligibility clause to qualify as an “Indian tribe” under ISDEAA.

See Confederated Tribes, 2020 WL 1984297 at *11. An Alaska Native village that is not

“recognized as eligible for the special programs and services provided by the United States to

Indians because of their status as Indians” cannot contract with a federal agency under ISDEAA.

That reading, however, creates the strange result that the eligibility clause modifies the first in the



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series of three nouns that comprises the Alaska clause, but not the last two. That is an unnatural

reading, to be sure. The court’s primary goal, however, is to discern the “intent embodied in the

statute Congress wrote.” Chicksaw Nation, 534 U.S. at 94. Treating ANCs as not subject to the

eligibility clause achieves that purpose. Congress expressly included ANCs in the definition of

“Indian tribe” under ISDEAA to make them eligible to enter into self-determination contracts with

federal agencies. By incorporating wholesale ISDEAA’s definition of “Indian Tribes” into the

CARES Act, Congress declared ANCs to be eligible for Title V emergency relief funds.

                                                 2.

       ISDEAA’s drafting history lends support to this conclusion. Neither the Senate’s nor the

House of Representative’s initial versions of the ISDEAA definition of “Indian tribe” included

ANCs, though each included the eligibility clause. See H.R. 6372, § 450b(b), 93rd Cong., 1st

Sess. (1973); S. 1017, 93d Cong., 2d Sess. (1974), 120 Cong. Rec. 2813-19; see also Cook Inlet

Native Ass’n v. Bowen, 810 F.2d 1471, 1474–75 (9th Cir. 1987) (discussing ISDEAA’s legislative

history). The House Committee on Interior and Insular Affairs, to whom the Senate bill was

referred, “amended the definition of ‘Indian tribe’ to include regional and village corporations

established by the Alaska Native Claims Settlement Act.” H.R. Rep. 93-1600; 120 Cong. Rec.

40252 (Dec. 16, 1974). The amended definition that became law, and remains the same today,

thus reads, “including any Alaska Native village or regional or village corporation as defined in or

established pursuant to the Alaska Native Claims Settlement Act.” See Pub. L. 93-638 § 4(b), 88

Stat. 2203, 2204 (1975) (codified at 25 U.S.C. § 5304(e)). Importantly, not only did the amended

definition expressly include ANCs, the latter portion of the clause—“established pursuant to

[ANCSA]”—applies only to ANCs. As the Secretary points out, while “native villages” are

defined in ANCSA, only Alaska regional and village corporations are “established” by it. See



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Def.’s Opp’n at 5 & n.5 (citing H.R. Rep. 93-1600; 120 Cong. Rec. 40252 (Dec. 16, 1974)). That

Congress went out of its way to add ANCs to the statutory definition of “Indian tribe” is compelling

evidence that Congress intended ANCs to meet that definition. It would be an odd result indeed

for Congress to include ANCs in one breath only to negate their inclusion in the very next breath

through the eligibility clause.

       The Confederated Tribes Plaintiffs endeavor to explain this ostensible statutory

contradiction by positing that Congress “left the door open” for ANCs to satisfy the eligibility

clause in ISDEAA, and only “over time” has the Secretary of the Interior declared that ANCs are

not eligible for the special programs and services provided by the United States to Indians because

of their status as Indians. Confederated Tribes Mot. at 31. In support, Plaintiffs point to two

comments submitted in 1977—two years after Congress passed ISDEAA—to proposed BIA

regulations regarding the development of uniform procedures for the recognition of Indian tribes.

Confederated Tribes Opp’n at 20–21.         These comments, submitted by two Alaska Native

corporations, suggest some uncertainty as to whether ANCs could satisfy the eligibility clause.

See id. But these isolated comments, from private enterprises, have little to no probative value in

determining whether Congress in fact “left the door open” for ANCs to satisfy the eligibility clause

when it passed ISDEAA. There is simply no legislative history before the court to support the

notion that Congress in 1975 believed ANCs could ever meet the eligibility clause.

       Moreover, whether ANC eligibility remained an unsettled question in 1975 is ultimately a

distraction. The issue before the court is whether Congress meant for ANCs to be eligible for

CARES Act relief in 2020. The Confederated Tribes Plaintiffs concede that by 1978, when the

BIA proposed revised regulations regarding the recognition of Indian tribes that expressly

excluded ANCs, “the door was closed on [the] possibility” that ANCs could meet the eligibility



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clause. Confederated Tribes Opp’n at 21–22; 6/12/2020 Hr’g Tr. at 21. And certainly by 2020,

Congress understood that no ANC could satisfy the eligibility clause, as none had done so since

ISDEAA’s inception. 6/12/20202 Hr’g Tr. at 59–60. Thus, by incorporating the ISDEAA

definition into the CARES Act, Congress must have known that it had selected a definition of

“Indian Tribe” that expressly encompasses ANCs, notwithstanding their falling outside the

definition’s eligibility clause. 9 Congress therefore intended to make Title V funds available to

ANCs.

                                                           3.

         The court also concludes that, to the extent there is ambiguity in the definition of “Indian

tribe,” the Secretary’s position is entitled to Skidmore deference. Under Skidmore v. Swift & Co.,

the weight a court affords to an agency interpretation “will depend upon the thoroughness evident


         9
            The parties tussle over what inference can be drawn, if any, from Congress’s selection of the ISDEAA
definition of “Indian tribe,” as opposed to some other statutory definition of “Indian tribe” appearing in the U.S. Code.
See Intervenors’ Mot. at 28; Confederated Tribes’ Opp’n 12. The answer is none. As the parties point out, the
U.S. Code contains multiple different definitions of “Indian tribe.” Some of those definitions expressly include ANCs.
See, e.g., 20 U.S.C. § 1401(13) (defining “Indian tribe” as “any Federal or State Indian tribe, band, rancheria, pueblo,
colony, or community, including any Alaska Native village or regional village corporation (as defined in or established
under the Alaska Native Claims Settlement Act. . . .)”). Some do not. See, e.g., 25 U.S.C. § 5130(2) (“The term
‘Indian Tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village or community that the Secretary
of the Interior acknowledges to exist as an Indian Tribe.”). Some expressly exclude ANCs. See, e.g., 25 U.S.C. §
3501(4)(B) (“For the purpose of paragraph (12) and sections 3503(b)(1)(C) and 3504 of this title, the term ‘Indian
Tribe’ does not include any Native Corporation.”). Some expressly include them. Of those definitions that expressly
include ANCs, some incorporate a similarly worded eligibility clause. See, e.g., 25 U.S.C. § 4103(13)(B) (defining
“federally recognized tribe” as “any Indian tribe, band, nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by
the United States to Indians because of their status as Indians pursuant to the Indian Self-Determination and Education
Assistance Act”). Others do not. See, e.g., 16 U.S.C. § 470bb(5) (defining “Indian tribe” as “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 (85 Stat. 688) [43 U.S.C. §§ 1601-
1629h]”).
          All this proves is that Congress, when it passed the CARES Act, had other statutory definitions available to
it that could have provided greater clarity about the eligibility of ANCs. Unfortunately, this availability sheds no
useful light on the dispute at hand. The Alaska Federation of Natives amicus suggest a neat dichotomy among the
various statutory definitions: Congress includes ANCs within the definition of “Indian tribe” when the statute concerns
economic legislation, but not when it concerns tribal self-governance, and the CARES Act falls into the former
category. Amicus Br. of the Alaska Federation of Natives, ECF No. 81, at 13–14. The court need not pass on the
merits of these proposed groupings, as the ordinary tools of statutory construction suffice to reach an answer.

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in its consideration, the validity of its reasoning, its consistency with earlier and later

pronouncements, and all those factors which give it power to persuade, if lacking power to

control.” 323 U.S. 134, 140 (1944). Ultimately, a court upholds an agency determination under

Skidmore to the extent is has “power to persuade.” Christensen v. Harris Cty., 529 U.S. 576, 587

(2000) (internal quotation marks and citation omitted); see also Davis v. United States, 495 U.S.

472, 484 (1990) (“[W]e give an agency’s interpretations . . . considerable weight where they

involve the contemporaneous construction of a statute and where they have been in long use.”).

        The position that the Secretary advances in this case is neither new nor cut from whole

cloth. The Department of Interior, which administers the federal government’s affairs with Indian

tribes, has long taken the position that ANCs qualify as “Indian Tribes” for purposes of ISDEAA

and therefore are permitted to contract with federal agencies. In 1976, the year after ISDEAA was

enacted, the Assistant Solicitor for Indian Affairs, Charles M. Soller, issued a memorandum to the

Commissioner of Indian Affairs that evaluated whether ANCs meet the ISDEAA definition of

“Indian tribe.”    J.A., ECF No. 90-1, at 610–13 [hereinafter Soller Mem.] at 611.                  The

Commissioner had asked Soller to address “whether [Alaska Native] village and regional

corporations are within the scope of” ISDEAA. Id. at 610. The question arose due to the

“qualifying language” in the statute’s definition of “Indian tribe,” i.e., the eligibility clause. Id. at

611. Soller concluded that, “[s]ince both regional and village corporations find express mention

in the definition, customary rules of statutory construction would indicate that they should be

regarded as Indian tribes for purposes of application of this Act.” Id. at 610. Soller acknowledged

that the eligibility clause added “qualifying language,” and he observed that “profit-making

regional and village corporations have not heretofore been recognized as eligible for [Bureau of




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Indian Affairs] programs and services which are not provided for by the terms of the Settlement

Act.” Id. at 611. But, Soller concluded,

                  if the quoted language operates to disqualify [ANCs] from the
                  benefits of [ISDEAA], then their very mention in section 4(b) is
                  superfluous. Therefore, we think the better view is that Congress
                  intended the qualifying language not to apply to regional and village
                  corporations but to pertain only to that part of the paragraph which
                  comes before the word “including.” Accordingly, regional and
                  village corporations are within the scope of the Act.

Id. 10

         Thus, the argument against surplusage that the Secretary advances in this litigation has a

long historical antecedent. It has been the position of the agency in charge of Indian affairs for

nearly 45 years. Although the analysis is brief, Soller recognized the interpretive challenge

presented by Congress’s drafting of the ISDEAA definition, identified the competing canons of

statutory construction, and evaluated those canons in light of contemporaneous understandings of

the statutory terms used and Congress’s intent. The Soller Memorandum therefore has the “power

to persuade.” Christensen, 529 U.S. at 587 (citation omitted).

         The Confederated Tribes Plaintiffs seek to undermine the force of the Soller Memorandum

by faulting its failure to consider the disjunctive nature of the Alaska clause. See Confederated

Tribes Opp’n at 18. But, as explained, the use of the disjunctive does nothing to save the clause

from superfluity. Soller’s ultimate reading of the statute is reasonable. This was the conclusion

of the only appellate court to have considered whether ANCs qualify as “Indian Tribes” for

purposes of ISDEAA. See Bowen, 810 F.2d at 1471. Although a single appellate decision cannot

amount to a judicial consensus that the court can presume Congress knew of and endorsed when


         10
             Soller appears to have misspoken in one respect. To apply the eligibility clause only to those words that
appear “before the word ‘including’” would mean that the eligibility clause does not apply to “Alaska Native
village[s].” But no one then, or now, takes the position that an Alaska Native village can contract under ISDEAA
unless it satisfies the eligibility clause. See Confederated Tribes, 2020 WL 1984297 at *11.

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it incorporated the ISDEAA definition into the CARES Act, see Confederated Tribes, 2020 WL

1984297, at *12, Bowen lends additional persuasive force to the agency’s longstanding view that

ANCs are “Indian tribes” under ISDEAA. Thus, to the extent that the ISDEAA definition of

“Indian tribe” contains any ambiguity, Skidmore counsels affording deference to the agency’s

interpretation.

         The Confederated Tribes Plaintiffs go to great lengths to cast the Department of Interior’s

position on ANCs under ISDEAA as inconsistent and lacking clarity. See Confederated Tribes

Opp’n at 19–25. The court need not take on this complex history. For present purposes, it suffices

to say that the Confederated Tribes have identified no point in time in last four decades in which

the Department of Interior has not treated ANCs as “Indian Tribes” for purposes of ISDEAA. 11


           11
              The most interesting evidence of different agency treatment of ANCs is that, for a short period of time,
from 1988 to 1994, the Department of Interior actually identified ANCs alongside federally recognized tribes on its
list of “Indian Entities Recognized and Eligible to Receive Services from [BIA].” Confederated Tribes Mot. at 39
(citing 53 Fed. Reg. 52,829–02, 52,832–33 (Dec. 29, 1988)). The BIA removed ANCs from the 1994 version of the
list but in so doing reaffirmed ANCs’ status as “Indian tribes” for purposes of ISDEAA. The BIA observed that “a
number of non-tribal Native entities in Alaska that currently contract with or receive services from the Bureau of
Indian Affairs pursuant to specific statutory authority, including ANCSA village and regional corporations and various
tribal organizations,” were no longer on the list, but that their non-inclusion on the list “does not affect the continued
eligibility of the entities for contracts and services.” Indian Entities Recognized and Eligible to Receive Services from
the United States Bureau of Indian Affairs, 58 FR 54,364, 54,366, 1993 WL 420646 (October 21, 1993) (emphasis
added). ANC’s on-and-off-again status on the BIA’s list, then, only indicates that the BIA struggled with how to
properly characterize Alaska entities, but has always acknowledged their continued eligibility for certain contracts,
including under ISDEAA.
          This understanding comports with the 1977 Report submitted to Congress by the American Indian Policy
Review Commission. The 1977 Report made clear that while Alaska Native village and regional corporations are not
“repositories of tribal sovereignty,” they should not “be excluded from the benefits of existing and future legislation
and programs designed to promote the development of Native peoples.” Def.’s Mot., Ex. 1, ECF No. 79-2, at 495.
While the Confederated Tribes Plaintiffs discount the 1977 Report as simply one report submitted to Congress, with
“no indication that Congress ever agreed with these cursory and erroneous conclusions or has taken any action in
reliance on them,” Confederated Tribes Opp’n at 20, the court notes that the Report’s author, the American Indian
Policy Review Commission, was established through Congressional resolution and was composed of three senators,
three members of the House of Representatives, and five Indian leaders. American Indian Policy Review Commission,
Final Report (May 17, 1977) (Appendix A (“How the Commission Did Its Work”) at 3, available at
https://catalog.hathitrust.org/Record/011340209. Further, the investigations that contributed to the Report were
conducted by eleven task forces “each composed of three members selected from among the leading authorities in
their respective fields of expertise in Indian affairs.” Id. The Commission’s Report, “a product of Indian participation,
represent[s] ‘a compendium of information on a scale heretofore unavailable to the Federal Government’” and
“represent[s] the most comprehensive review of Indian policies and programs ever conducted.” Id. at 4. See also
Cheyenne River Sioux Mot. at 16 n.14 (explaining that the Department of the Interior “still relies [on] this [1977]


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        As noted at the outset of this discussion, the Cheyenne River Sioux Plaintiffs do not dispute

that ANCs qualify as “Indian tribes” under ISDEAA. But they do seek to diminish their role and

status, explaining that ANCs have “limited tribal status” under certain narrow circumstances.

See Cheyenne River Sioux Mot. at 14–17. Relying on agency contracting priority policies, they

contend that “ANCs may qualify under ISDEAA’s definition of ‘Indian tribe’ only as a stop-gap

to ensure critical services are provided to Alaska Natives in regions where there are no actual

federally recognized Tribal governments, or where Tribal governments choose to compact with

ANCs to provide services under ISDEAA.” Id. at 14. The court has no reason to doubt the

accuracy of that characterization. But ANCs’ status as a contracting partner of “last resort” only

underscores that ANCs are nevertheless eligible for ISDEAA contracts. For definitional purposes,

ANCs are not considered “Indian tribes” only as a last resort under ISDEAA; they are always

“Indian tribes.” The same thus holds true under the CARES Act.

                                                        4.

        Before moving on, the court must address some of the reasons it set forth in its preliminary

injunction opinion when ruling that Plaintiffs were likely to succeed on the merits. Of course, the

“findings of fact and conclusions of law made by a court granting a preliminary injunction are not

binding at trial on the merits,” see Univ. of Texas v. Camenisch, 451 U.S. 390, 395 (1981), and the

additional briefing in this case has convinced the court to change its mind.

        First, the court described the Secretary’s reading of ISDEAA as “counter-textual.”

Confederated Tribes, 2020 WL 1984297, at *11. The court no longer ascribes to that view for the

reasons already discussed.           Second, the court deemed inconsistent and unexplained the



Report”). Thus, the court has no reason to doubt the accuracy of the 1977 Report generally and considers the Report
as providing some evidence that, close to the time of IDEAA’s enactment, Congress understood ISDEAA to treat
ANCs as “eligible” Indian tribes.

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government’s position taken in other cases, but not here, that “the definition of ‘Indian tribe’ in

various federal statutes must be read in conjunction with the List Act. In other words, unless the

entity or group appears on the Interior Secretary’s List, it does not qualify as an ‘Indian tribe.’”

Id. at *12–13 (citing Wyandot Nation of Kan. v. United States, 858 F.3d 1392, 1396, 1397–98

(Fed. Cir. 2017); Slockish v. U.S. Fed. Highway Admin., 682 F. Supp. 2d 1178, 1202 (D. Or.

2010)). As the Secretary now points out, Wyandot and Slockish were cases that did not involve

ANCs but entities claiming tribal status even though not federally recognized. Def.’s Mot. at 19–

20. It was therefore appropriate in those cases for the government to insist on identification on the

Interior Department’s List, whereas the same insistence is not necessary here, because ANCs are

already treated as “Indian tribes” for purposes of ISDEAA. Finally, the court reasoned that

“Congress’s adoption of the ISDEAA definition cannot be divorced from actual agency practice

under ISDEAA, which seemingly is to contract with ANCs only, if at all, with tribal consent or as

a last resort.” Id. at *13. The flaw in that logic is now apparent. Even if actual agency practice is

to rarely contract with ANCs to deliver services under ISDEAA, the fact remains that ANCs are

“Indian tribes” for purposes of ISDEAA contracting eligibility.                        By importing ISDEAA’s

definition into the CARES Act, Congress carried forward that same treatment. 12

                                                       * * *

         Accordingly, the court holds that Alaska Native village and regional corporations meet

ISDEAA’s definition of “Indian tribe,” and therefore ANCs qualify as “Indian tribes” for the

purposes of CARES Act funding.



         12
             The decision whether to award ANCs Title V funds in proportion to their status as a service provider of
“last resort” is an allocation determination that rests squarely within the broad discretion that Congress vested in the
Secretary. See generally Prairie Band Potawatomi Nation v. Mnuchin, No. 20-cv-1491 (APM), 2020 WL 3402298,
at *1–2 (D.D.C. June 11, 2020) (holding that the Secretary’s selected allocation method under Title V of the CARES
Act is an unreviewable discretionary agency action under the APA).

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       B.      “Recognized Governing Bodies” under ISDEAA

       Having concluded that ANCs qualify as “Indian tribes” under ISDEAA, the court now

turns to the second question: Are ANCs “recognized governing bod[ies],” or do they have such

bodies? Remember, Title V provides that the Secretary shall make payments only to “the

recognized governing bod[ies]” of Indian Tribes. See 42 U.S.C. § 801(g)(5). The parties dispute

whether “recognized” is a legal term of art meaning “federally recognized”—in which case, only

federally recognized tribes, and not ANCs, meet the definition—or whether it carries an ordinary

meaning. Confederated Tribes Mot. at 19; Cheyenne River Sioux Opp’n at 7–8; Def.’s Opp’n at

31–32; Intervenors’ Opp’n. at 16–17. They also dispute whether “governing body” refers to

“government status or attributes of sovereignty,” see Cheyenne River Sioux Mot. at 4, or whether

it “simply references the entity or individuals authorized to govern the organization in its charter

or other organizing documents,” Intervenors’ Opp’n at 15.

       In evaluating the parties’ arguments, ISDEAA once more serves as the starting point.

ISDEAA authorizes the federal government to contract not with an Indian tribe, but with a tribal

organization, to deliver public services. 25 U.S.C. § 5321. ISDEAA defines “tribal organization”

in two ways: (1) “the recognized governing body of any Indian tribe”; and

               (2) any legally established organization of Indians which is
               controlled, sanctioned, or chartered by such governing body or
               which is democratically elected by the adult members of the Indian
               community to be served by such organization and which includes
               the maximum participation of Indians in all phases of its activities:
               Provided, That in any case where a contract is let or grant made to
               an organization to perform services benefiting more than one Indian
               tribe, the approval of each such Indian tribe shall be a prerequisite
               to the letting or making of such contract or grant.

25 U.S.C. § 5304(l). The first definition of “tribal organization” should ring familiar as Congress

used almost the same exact words to define “Tribal government” for purposes of the CARES Act.



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Compare id. with 42 U.S.C. § 801(g)(5) (“The term ‘Tribal government’ means the recognized

governing body of an Indian Tribe.”). The ISDEAA definition of “tribal organization” is therefore

instructive in understanding the term “Tribal government” under the CARES Act. See Branch v.

Smith, 538 U.S. 254, 281 (2003) (explaining that “courts do not interpret statutes in isolation, but

in the context of the corpus juris of which they are a part”).

       All parties, even the Confederated Tribe Plaintiffs, concede that ANCs may enter into

ISDEAA contracts. See Confederated Tribes Mot. at 36 (describing ANC contracting under

ISDEAA as occurring in “exceptional” or “narrow” circumstances). Thus, to enjoy such status,

ANCs, or some constituent part of them, necessarily must meet at least one of ISDEAA’s two

definitions of “Tribal organization,” because only a “tribal organization” may enter into an

ISDEAA contract, see 25 U.S.C. § 5321(a)(1). The Plaintiffs part ways on which of the two

definitions apply. The Cheyenne River Sioux Plaintiffs say that ANCs satisfy the first definition

of “tribal organization”—“the recognized governing body of any Indian tribe”; yet they resist the

logical next step that ANCs also are, or have, a “recognized governing body” for purposes of the

CARES Act, even though the two statutes use the exact same terms. The Confederated Tribes

Plaintiffs attempt to dodge this trap. They argue that ANCs fall into the second, longer definition

of “tribal organization,” which Congress did not incorporate into the CARES Act. See id. at 35.

In their view, ANCs qualify as “tribal organization[s]” only because they are a “legally established

organizations of Indians . . . sanctioned by” the governing body of an Indian tribe, in this case, “a

Native village.” 6/12/2020 Hr’g Tr. at 14. This reading, in their view, harmonizes how ANCs are

not, or do not have, a “recognized governing body,” but still can enter into ISDEAA contracts as

a “tribal organization.” Id. The court takes Plaintiffs’ arguments in reverse order.




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         The Confederated Tribes’ reading cannot be squared with ISDEAA’s text. ANCs are not

“controlled, sanctioned, or chartered” by the governing body of an Indian Tribe. 13 ANCs are

corporate entities established by Congress and chartered under Alaska state law. See generally 43

U.S.C. § 1601 et seq. Though the ISDEAA definition of “tribal organization” uses the word

“sanctioned,” it does not use that term in the sense of tribal approval of ISDEAA contracts. The

term “sanction” in the definition of “tribal organization” is entirely disconnected from contract

approval. It is true, as the Confederated Tribes Plaintiffs point out, that ANCs ordinarily obtain

the approval of governing bodies of Native Villages as a condition of ISDEAA contracts. But that

requirement stems not from the word “sanctioned,” but rather from the “Provided” clause found

later in the definition: “in any case where a contract is let or grant made to an organization to

perform services benefiting more than one Indian tribe, the approval of each such Indian tribe

shall be a prerequisite to the letting or making of such contract or grant.” 25 U.S.C. § 5304(l)

(emphasis added). Thus, if an ANC seeks to enter into a contract that benefits a Native Village, it

must logically obtain the approval of that Native Village’s governing body as a condition of doing

so. 14

         This interpretation of ISDEAA is consistent with the longstanding view of the Department

of Interior. As the Soller Memorandum explains, ANCs as “Indian tribes” under ISDEAA can

seek self-determination contracts on their own behalf, and their boards of directors qualify as the


         13
           Nor do they satisfy the second half of the second “tribal organization” definition: ANCs are not
“democratically elected by the adult members of the Indian community to be served by such organization.” 25 U.S.C.
§ 5304(l).
         14
            Plaintiffs make the point that, absent specific approval from a Tribal government, an ANC can receive an
ISDEAA contract “[o]nly if a Tribal government does not exist for a specific area.” Cheyenne River Sioux Mot. at
17; 6/12/2020 Hr’g Tr. at 40; see also Confederated Tribes Mot. at 36. This fact only underscores that ANCs must fit
under the first category of “tribal organization,” because in these circumstances—limited though they may be—there
is no Tribe to “sanction” the ISDEAA contract. That such ISDEAA contracts arise only as a “last resort” or in
“exceptional circumstances” is of no moment. Nothing in the text of the statute limits ANCs’ functioning as, or
having, “recognized governing bodies” only to these “last resort” circumstances.

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“governing body” for such purposes. See Soller Mem. at 611 (stating that “regional and village

corporations may request to contract for the provision of BIA services under section 102 of the

Act”). The Memorandum further recognizes that, as a practical matter, ANCs almost always must

obtain tribal consent because such self-determination contracts are likely in some way to be for

the benefit of one or more Native Villages, rather than the corporation itself. Id. at 612 (“[T]he

language of the Act is unambiguous. If a contract or grant benefits more than one village or village

corporation, the approval of each must be obtained.”); id. (“Indeed, it is not clear to us what it

means for a contract to ‘benefit’ a village corporation, as opposed to the Native village. . . .

However, it does seem clear that if a contract is let to a regional tribal organization for the purpose

of providing services in a given village, some governing body in that village must approve that

contract.”). 15 Thus, under a straightforward reading of “tribal organization,” ANCs must be

eligible for contracting under the first definition of “tribal organization”—“the recognized

governing body of any Indian tribe.” 25 U.S.C. § 5304(l). 16 And by the terms of that definition,

they must have a “recognized governing body” for purposes of ISDEAA. If ANCs have a

“recognized governing body” for purposes of ISDEAA, it stands to reason that Congress brought

that same meaning forward in the CARES Act, as the first definition of “tribal organization” in


         15
             The sole case that the Confederated Tribes Plaintiffs cite, Ukpeagvik Inupiat Corp. (“UIC”) v. U.S. Dep’t
of Health and Human Svcs, No. 3:13-cv-00073-TMB, 2013 WL 12119576 (D. Alaska May 20, 2013), at *2–3), does
not help them. There, an ANC obtained a contract to provide services at a hospital. Of the approvals it obtained, two
were from other ANCs and one was from the contracting ANC itself. 2013 WL 12119576 at *1 & n.5 (listing, in
addition to UIC (the contracting ANC), Atqasuk Village Corporation and Kuukpik Village Corporation). This case
thus supports the understanding that ANCs are “Indian Tribes.” Otherwise, the ANCs’ “approvals” would not have
been required under the proviso in ISDEAA’s definition of “tribal organization.” See 25 U.S.C. § 5304(l) (“[I]n any
case where a contract is let or grant made to an organization to perform services benefitting more than one Indian
tribe, the approval of each such Indian tribe shall be a prerequisite.”) (emphasis added).
         16
            ANCs plainly fall under the first definition for another reason. If, as the Confederated Tribes Plaintiffs
contend, they fall under the second definition of “Tribal organization,” there would have been no need to expressly
include them in the definition of “Indian Tribe,” see 25 U.S.C. § 5304(e), because ANCs could simply contract under
the second definition, see id. § 5304(l). Accepting the Confederated Tribes Plaintiffs’ position would thus render
ANCs’ inclusion in the “Indian Tribe” definition surplusage twice over.

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ISDEAA and the definition of “Tribal government” in the CARES Act are essentially identical.

See Branch, 538 U.S. at 281.

       Plaintiffs resist this logic. They contend that Congress’s use of the word “recognized” was

intended as a term of art, meant to convey the unique political and legal status afforded to federally

recognized tribes. See Confederated Tribes Mot. at 21–23; Cheyenne River Sioux Opp’n at 6–8.

The Confederated Tribes Plaintiffs, for example, point to a federal regulation that defines

“[r]ecognized governing body” as “the tribe’s governing body recognized by the Bureau [of Indian

Affairs] for the purposes of government-to-government relations.” Confederated Tribes Mot. at

21 (quoting 25 C.F.R. § 81.4). But that regulation by its own terms “applies only to federally

recognized tribes,” id. § 81.2, because the regulation concerns election procedures to “adopt,

amend, or revoke tribal governing documents” and charters, id. § 81.1. It is unsurprising, then,

that ANCs would not be included in such a regulation. Likewise, the Cheyenne River Sioux

Plaintiffs point to a slew of cases holding that ANCs are not “governing bodies” or “tribal

governments.” See Cheyenne River Sioux Mot. at 11–12 (collecting cases); Cheyenne River Sioux

Opp’n at 6–8; see also Confederated Tribes Mot. at 22–23 (same). Not only are these cases from

non-ISDEAA contexts, they concern a proposition that is simply not at issue here; no one disputes

that ANCs are not Tribal governments in the traditional sense. This case concerns the entirely

separate question whether ANCs have “recognized governing bodies” for purposes of the CARES

Act. See Mohamad v. Palestinian Auth., 566 U.S. 449, 455 (2012) (“Congress remains free, as

always, to give [a] word a broader or different meaning” than the one suggested by the word’s

plain meaning.).

       On this question, while the court agreed with Plaintiffs’ argument at the preliminary

injunction stage, see Confederated Tribes, 2020 WL 1984297, at *10, upon further reflection the



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court now concludes the opposite—“recognized” standing alone, as it is used in the CARES Act’s

definition of “Tribal government,” does not convey federal recognition of an Indian tribe. The

best evidence of this reading is that Congress used nearly the exact same words, “recognized

governing body of any Indian tribe,” found in the first definition of “tribal organization” in

ISDEAA, 25 U.S.C. § 5304(l). While the Cheyenne River Sioux Plaintiffs point out that the

CARES Act incorporated only ISDEAA’s definition of “Indian Tribe” and did not import ISDEAA

“whole cloth,” 6/12/2020 Hr’g Tr. at 120, ISDEAA nevertheless demonstrates that when Congress

uses the word “recognized,” or even “recognized governing body,” it does not a fortiori mean

“federally recognized.” “Recognition” is not used as a term of art in the IDEAA definition of

“tribal organization”; 17 it follows that the same is true under the CARES Act.

         Another interpretive clue leads to this conclusion. The Cheyenne River Sioux’s reading,

if accepted, would produce the result that Congress expressly granted eligibility in one definition

under the CARES Act—by incorporating the ISDEAA definition of “Indian tribe”—but silently

took it away in another—by excluding ANCs from the definition of “Tribal government.” It would

be passing strange to exclude ANCs so obliquely, and the court cannot presume that Congress

intended such a result.

         Finally, and contrary to what the court previously concluded, see Confederated Tribes,

2020 WL 1984297, at *10, Plaintiffs’ appeal to statutory context is ultimately not convincing.

Specifically, they contend that the statute’s “definition of ‘Tribal government’ must be read in

th[e] context” of Title V of the CARES Act, which they argue is “directed to sovereign



         17
             Relevant agencies have long understood this. Under the 1981 guidelines promulgated by Interior and
HHS, for example, ANCs can be “recognize[d] as the village governing body” for “the purposes of contracting under
Pub. L. 93-628 [ISDEAA].” 46 Fed. Reg. 27,178-02, 27,179 (May 18, 1981). And the 1988 list of Tribes published
by Interior described ANCs as “Alaska entities which are recognized and eligible to receive funding and services from
the Bureau of Indian Affairs.” 53 Fed. Reg. at 52,832 (emphasis added).

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governments and their political subdivisions.” Confederated Tribes Mot. at 24; see also Cheyenne

River Sioux Mot. at 2 (emphasizing that the CARES Act uses the term “Tribal governments”

“15 times in just over three pages”). But there is nothing inconsistent with treating ANCs

alongside tribal governments for these limited purposes.            ISDEAA is aimed at providing

government services—including health care—to Indians by partnering with Tribal organizations,

including, at times, ANCs. It stands to reason that Congress, in its effort to distribute emergency

funds quickly to Indians under the CARES Act, intended to get those dollars in the hands of the

same entities that deliver public services to Indians. In the lower 48 states, those entities are largely

Tribal governments in the traditional sense, but in Alaska, those entities include Alaska Native

village and regional corporations. See Intervenors’ Mot. at 14–18. ANCs’ inclusion in Title V

alongside other types of traditional governments is therefore not incongruous with Congress’s

purpose of appropriating emergency funds for “governments” to deliver public services to address

and manage a national health emergency. In the end, the question before the court is whether

ANCs are “Tribal governments” for the limited purpose of delivering public services to combat

the COVID-19 pandemic. For all the foregoing reasons, they are.

                                                * * *

        Before concluding, the court addresses Plaintiffs’ concern that deeming ANCs eligible for

Title V funding will enact a sea-change in Tribal law. See, e.g., 6/12/2020 Hr’g Tr. at 42–43.

Not so. The court does no more than opine on the status of ANCs under ISDEAA and the CARES

Act, and it reaches a holding that is consistent with longstanding treatment of ANCs under

ISDEAA by the federal government. The court’s ruling in no way elevates ANCs to “super-tribal

status” as the Confederated Tribes Plaintiffs maintain, Confederated Tribes Opp’n at 10; nor does

it allow ANCs to “compete” with federally recognized tribes in any other context as the Cheyenne



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River Sioux Plaintiffs fear, Cheyenne River Sioux Mot. at 12. The court’s decision simply

recognizes that ANCs are eligible for CARES Act funds, as Congress intended—no more, no less.

                                            IV.
       For the foregoing reasons, the court grants the Secretary’s and Defendant-Intervenors’

Motions for Summary Judgment, ECF Nos. 78 and 79, and denies Plaintiffs’ Motions for Summary

Judgment, ECF Nos. 76 and 77. A final, appealable Order accompanies this Memorandum

Opinion.




Dated: June 26, 2020                                     Amit P. Mehta
                                                  United States District Court Judge




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