Skip to content

Mescalero tribe calls for resignation of Assistant Secretary of Indian Affairs Sweeney

The Mescalero Apache Tribal Council Monday joined the call for the resignation of Tara Sweeney, Assistant Secretary of Indian Affairs for U.S. Department of Interior.

The tribe, whose reservation lies in Otero County, but adjoins Ruidoso, sent the letter to President Donald Trump stating that the Tribe had grave concerns about Sweeney’s involvement with the $8 billion stimulus fund set aside for tribal governments in the Coronavirus Aid, Relief, and Economic Security (CARES) Act which passed Congress on March 27.

The Department of Treasury announced that the stimulus fund money would be allocated among tribes and Alaska Native Corporations (ANCs). Sweeney is a shareholder for Artic Slope Regional Corporation, an ANC, and reportedly advocated strongly for their inclusion in the allocation of stimulus fund money, tribal officials stated in the letter.

“This money is supposed to help tribal governments respond to COVID-19. ANCs are for profit corporations – they do not provide direct governmental services and do not have the same authority or responsibility as tribal governments," said Gabe Aguilar, Mescalero Apache Tribe president. "Alaskan Native villages are considered tribal governments and are included already. There is no reason to include ANCs."

The Confederated Tribes of the Chehalis Reservation and the Tulalip Tribes in Washington state, the Houlton Band of Maliseet Indians in Maine, and the Akiak Native Community, Asa'carsarmiut Tribe and Aleut Community of St. Paul Island in Alaska filed the lawsuit in U.S. District Court in Washington, D.C. to prevent the federal government from disbursing monies from the stimulus fund to ANCs.

The Treasury Department was named as the defendant. In all, 17 tribes, including the Navajo Nation, signed the lawsuit. As of Tuesday, the Navajo nation had not said whether it too would advocate for Sweeney's removal from office, but the tribe did join the lawsuit on April 22.

"Late last night, the federal judge presiding over the lawsuit issued a partial victory to tribes – the federal government must hold the money it wants to pay to ANCs pending further proceedings," an updated tribal news release stated Tuesday. "The rest of the stimulus fund money is to be disbursed to tribes in the coming days."

Despite the partial victory, Aguilar said that Sweeney would gain financially if ANCs receive funding, which provided a clear conflict of interest.  

"Even if the judge sides with tribes in the end (and although) Mescalero strongly supported Asst. Sec. Sweeney when she was nominated to her position, this is plain wrong. She needs to resign," Aguilar said.

The number of individuals testing positive for COVID-19 continues to climb on the Navajo reservation, as leaders said tribal communities remained committed to ensuring a fair share of the federal dollars to address the pandemic were received.

Navajo Nation President Jonathan Nez and Navajo Nation Council Speaker Seth Damon commended the Monday court decision to withhold payments to ANCs while allowing disbursement to tribal nations on Monday.

"Federally-recognized tribes stood together to oppose the actions of the Department of the Treasury in another attempt to undermine the first citizens of this country, but our voices were heard, and Indigenous people prevailed today," Nez said in a statement.

He warned about further attempts to direct the funding from tribes and called for tribes to "remain strong."

Damon said in a separate statement that in speaking to member of Congress in recent days, the tribal council has stressed the importance of keeping intact the intent of the tribal stabilization fund to assist tribal governments.

"ANCs are not tribal governments," he said.

Dept. of Interior supports Sweeney

“Assistant Secretary Sweeney is committed to supporting all American Indians and Alaska Natives, and to suggest she has personal motives or that she is attempting to divert funds away from American Indians is completely false," according to an April 17 statement on the U.S. Department of Interior (DOI) website in response to criticisms about the distribution.

"Her approach has always been focused on inclusiveness, transparency and partnerships."

The statement issued by the DOI laments the division of the American Indian and Alaska Native communities by the request to exclude ANCs.

The statement pointed a call between Sweeney and the Great Plains Tribal Chairmen’s Association Inc. leaders on Monday, April 13, as proof of her dedication to inclusiveness and fairness.

Investigations requested

The U.S. Treasury Department was to dole out the money from the CARES Act by April 26, to help tribes nationwide stay afloat, respond to the virus and recover after having to shut down casinos, tourism operations and other businesses that serve as their main moneymakers.

The Mescalero Apache tribe alleged that officials learned from a whistleblower the Department of Interior shared sensitive information with ANCs. The Tribe requested the Inspectors General at the Department of the Treasury and the Department of the Interior, and the U.S. Office of Government Ethics review the matter.

U.S. Senator Martin Heinrich (D-N.M.) issued a statement calling for an investigation into the release of that sensitive information tribal governments and other entities submitted.

"I am disappointed and concerned by the release of sensitive data that Native American communities provided the Department of Treasury and Department of Interior," Heinrich said.

"Tribal nations in New Mexico are facing a disproportionate impact to their populations due to the coronavirus pandemic and access to the $8 billion Coronavirus Relief Fund is vital to their response and recovery efforts.

"I am calling for an immediate and thorough investigation by both departments' Inspectors General to identify the source and motivation for the release of this private tribal information."