The Chehalis Case

The Chehalis case arose after Congress enacted the Coronavirus Aid, Relief, and Economic Security Act in March of 2020. It provided $8 billion in direct payments to “Indian tribes,” igniting a heated debate over the term’s legal definition. The Chehalis Tribes spearheaded a lawsuit disputing claims that ANCSA corporations were eligible for these payments, arguing the corporations didn’t match the Indian Self-Determination and Education Assistance Act definition of “Indian tribes.” They successfully lobbied to exclude ANCSA corporations from receiving funding from the American Rescue Act of 2021, which included $31 billion dollars to benefit “Indian Country in general” and another $20 billion to be directly distributed to various tribes.

“Among other arguments, the Chehalis Tribes argued that the inclusion of ANCSA corporations would constitute double-dipping by including both Alaska Native federally recognized tribes and ANCSA corporations,” McNeil writes. “The opposite result occurred. Because of the allocation

formula used by the Secretary of the Treasury, it worked to the extreme detriment of Alaska Natives generally.”

Join former Sealaska Corporation president Chris McNeil as he breaks down the consequences of excluding ANCSA corporations from Indian tribal funding formulas — consequences that are still impacting Alaska Natives today.