New Box of Knowledge book analyzes Chehalis case

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Sealaska Heritage Institute (SHI) has published a book on the policy implications resulting from the historic Yellen v. Confederated Tribes of the Chehalis Reservation lawsuit. The book reviews the definition of “Indian Tribes” in Alaska under federal law, which was litigated during the Chehalis case.

The book’s author, attorney Chris Shaakakóoni McNeil, is the owner of Native Strategy Group and former president and CEO of Sealaska Corporation. He is Tlingit and a member of the Nisga’a Nation.

The Chehalis case arose after Congress enacted the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020. It provided $8 billion in direct payments to “Indian tribes,” igniting a heated debate over the term’s legal definition. The Confederated Tribes of the Chehalis Reservation 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 (ISDA) definition of “Indian tribes.”

The Chehalis Tribes successfully lobbied to exclude ANCSA corporations from receiving funding from the American Rescue Plan Act (ARPA) of 2021, which included $31 billion dollars to benefit “Indian Country in general” and another $20 billion to be distributed directly 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.”

Although there hasn’t been a formal accounting of the impact of the court’s decision, McNeil writes that excluding ANCSA corporations from receiving American Rescue Plan Act (ARPA) benefits caused Alaska Natives to lose several hundred million dollars. He goes on to state that excluding ANCSA corporations from Indian tribal funding formulas will continue to harm Alaska Natives, but there are several tribes working to reverse the Supreme Court’s decision.

“In some greater sense it’s up to this generation of Alaska Native leadership to seek innovative solutions. In my view it’s a question of imagination, the development of a strategic plan, allocation of necessary resources, and having the same fortitude that prior generations of Alaska Native leaders dedicated to protect our lands,” McNeil concludes.

The Chehalis Case: Yellen v. Confederated Tribes of the Chehalis Reservation: Policy Implications for ANCSA Corporations and Alaska Native Tribes was published through SHI’s Box of Knowledge series and is available for purchase online or at the Sealaska Heritage Institute store.

Sealaska Heritage’s Box of Knowledge series consists of essays, reports and books that the institute considers should be made available as a contribution to studies on Tlingit, Haida and Tsimshian cultures, history and languages. They may be based on work carried out by researchers working in collaboration with SHI, contributions prepared by external experts and work by staff. 

Sealaska Heritage Institute is a tribal organization founded in 1980 to perpetuate and enhance Tlingit, Haida and Tsimshian cultures of Southeast Alaska. SHI also conducts scientific and public policy research that promotes Alaska Native arts, cultures, history and education statewide. The institute is governed by a Board of Trustees and guided by a Council of Traditional Scholars, a Native Artist Committee, a Southeast Regional Language Committee and an Education Committee.

Caption: Cover of SHI’s new book on “The Chehalis Case: Yellen v. Confederated Tribes of the Chehalis Reservation: Policy Implications for ANCSA Corporations and Alaska Native Tribes” lawsuit. Note: News outlets are welcome to use this photo for coverage of this story. For a higher-res version, contact kathy.dye@sealaskaheritage.com.