The Native Village of Unalakleet and the Native Village of Elim have filed a joint lawsuit against the U.S. Department of Agriculture for allegedly violating federal regulations in the distribution of broadband internet funding.
The lawsuit, filed April 24 in the U.S. District Court for the District of Alaska, also names the USDA’s Rural Utilities Service and the service’s administrator, Andrew Berke, as defendants. It claims the service awarded nearly $70 million in grants to Interior Telephone Company and Mukluk Telephone Company for broadband projects in the Nome Census Area without obtaining a required tribal government resolution of consent.
“Through the Rural Utilities Service, Mr. Berke and USDA failed to require such resolutions,” the plaintiffs’ Washington, D.C.-based attorney, Jason R. Scherr, said in a statement. “That failure disregarded the sovereign rights of Elim and Unalakleet to participate, through their own Tribal governments, in decisions about how these federal investments are made.”
The lawsuit highlights the involvement of Kawerak, Inc., a nonprofit community services organization that supports Native tribes within the Nome Census Area, including Unalakleet and Elim. According to the complaint, Interior and Mukluk solicited a letter of support from Kawerak for their investment plans in the region. However, the tribes argue that this letter was improperly used as a substitute for a resolution of consent.
The requirement to obtain tribal consent is outlined in the USDA’s own ReConnect Program regulations concerning projects on tribal lands. According to the plaintiffs, although Kawerak supports initiatives benefiting its member tribes, it does not have the authority to issue such resolutions on behalf of sovereign tribes.
The plaintiffs argue that the improper designation of their lands as “served” by these grants prevents them from receiving additional federal support for future broadband infrastructure. The lawsuit seeks injunctive relief to void the grants and compel the USDA to recognize the affected tribal lands as eligible for future federal funding.
Scherr’s statement included an outlook on the villages’ hope for a long-term outcome.
“Funds should, instead, be made available to applicants who abide by the regulations requiring Resolutions of Tribal Consent,” he said.
The federal government is entitled to up to 60 days from the complaint’s filing to provide an answer.
