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Posted: May 1, 2020

President Donald Trump and members of his administration are joined by Republican members of Congress for the signing of the CARES Act on March 27, 2002. Photo: Shealah Craighead / White House

The Trump administration still doesn’t know how to distribute $8 billion in coronavirus relief to tribal governments, more than a month after being charged to do so by Congress.

That’s the word from a highly-anticipated joint status report filed in federal court on May 1, 2020.

Though the CARES Act required tribal governments to be paid “not later than 30 days” following the enactment of the law, the Department of the Treasury is not yet prepared to tell them when they will receive the much-needed funds to help them through the worst public health crisis in decades.

“Defendant has not yet arrived at a determination as to the amounts to be paid to Tribal governments from the Coronavirus Relief Fund under Title V of the CARES Act,” the status report reads.

Besides the stunning revelation, the parties remain far apart on how to proceed with the litigation. The tribal plaintiffs are seeking a much speedier resolution that the Trump administration is willing to give at this point.

Government attorneys, for example, are suggesting they be given until June 22 to “answer” the lawsuit. But between now and then, they anticipate that some of the $8 billion would go out once Treasury figures out how to distribute it.

“Defendant plans to post details of the allocation on its website,” the status report reads.

Tribes are instead proposing a speedier schedule. But the disappointment in the lack of progress in Washington is clear.

“Plaintiffs understood from that discussion that there was some possibility that the allocation of Title V relief funds would be finalized today,” the filing reads. “It now appears that will not occur.”

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