Volkswagen Settlement:
VW Settlement News
On January 15, 2021, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Trust released an announcement to notify Tribes that the fourth (and probably final) funding cycle is now open, with over $18 million available for eligible diesel emissions mitigation projects. This notice can be found on the Trustee’s public website: (https://www.vwenvironmentalmitigationtrust.com/tribe-trust) under the "Current Updates & Key Information" section, and includes useful information on how to apply for funding along with important dates and deadlines. For more information, or to request technical assistance with applying for funding from the Trust, please see the links to the left, or click on the "Request Assistance" link.
On May 19, 2020, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Tribal Trust announced the filing of minor modifications to the Tribal Trust in response to the Covid-19 pandemic. These modifications include two provisions: 1) allowing the Investment Manager to invest in additional funds to preserve the principal value under the current market uncertainty, and 2) allowing electronic signatures and waiving hard-copy requirements for certain documents to give Tribes additional flexibility in how they complete and submit documents to obtain funds from the Tribal Trust. To view the notice and the modifications to the Tribal Trust, please see the Trustee’s public website:
(https://www.vwenvironmentalmitigationtrust.com/tribe-trust) under the "Current Updates & Key Information" section.
On May 15, 2020, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Tribal Trust filed a Notice of Beneficiary Designation for the Third Funding Cycle. The notice lists the 24 federally recognized Tribes and Alaska Native Villages that were designated as Beneficiaries of the Tribal Trust, after submitting the required documents to the Court and the Trustee by the March 16th deadline. These Tribes may now pursue funding for projects during the third and any future funding cycles. To view the notice, please see the Trustee’s public website:
(https://www.vwenvironmentalmitigationtrust.com/tribe-trust) under the "Current Updates & Key Information" section. For information about applying for funding from the Tribal Trust, or how to become a beneficiary for the next funding cycle, please see the links to the left, or click on the "Request Assistance" link.
On May 5, 2020, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Tribal Trust made an announcement regarding the upcoming reporting deadlines for Tribes who received funding in the first and second funding cycles, in response to the Covid-19 pandemic and the associated difficulties many Tribes are currently facing. Although the reports due in May (for second-round beneficiaries) and July (for all beneficiaries with ongoing projects) are still required, and the deadlines cannot be changed, there is no penalty for missing those deadlines. Tribes that can meet the deadlines are encouraged to do so, but if a Tribe is not able to submit a report on time due to the effects of the pandemic they should just submit it as soon as they are able to after the deadline.
READ the announcement [pdf]
On January 15, 2020, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Trust released an announcement to notify Tribes that the third funding cycle is now open, with over $16.5 million available for eligible diesel emissions mitigation projects. This notice can be found on the Trustee’s public website: (https://www.vwenvironmentalmitigationtrust.com/tribe-trust) under the "Current Updates & Key Information" section, and includes useful information on how to apply for funding along with important dates and deadlines. For more information, or to request technical assistance with applying for funding from the Trust, please see the links to the left, or click on the "Request Assistance" link.
On July 1, 2019, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Tribal Trust released a document showing the final allocations paid to Beneficiaries of the Tribal Trust in the first funding cycle. The document lists the 25 Tribes that applied for and received funding during the first cycle, along with the amount paid to each Tribe. To view the notice, please see the Trustee’s public website (https://www.vwenvironmentalmitigationtrust.com/tribe-trust) under the "Current Updates & Key Information" section.
On May 17, 2019, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Tribal Trust filed a Notice of Beneficiary Designation for the Second Funding Cycle. The notice lists the 41 federally recognized Tribes and Alaska Native Villages that were designated as Beneficiaries of the Tribal Trust, after submitting the required documents to the Court and the Trustee by the March 18th deadline. These Tribes may now pursue funding for projects during the second and all future funding cycles. To view the notice, please see the Trustee’s public website (https://www.vwenvironmentalmitigationtrust.com/tribe-trust) under the "Current Updates & Key Information" section. For information about applying for funding from the Tribal Trust, or how to become a beneficiary for the next funding cycle, please see the links to the left, or click on the "Request Assistance" link.
On January 15, 2019, the Trustee for the Volkswagen Diesel Emissions Environmental Mitigation Trust released an announcement to notify Tribes that the second funding cycle is now open, with over $15 million available for eligible diesel emissions mitigation projects. This notice can be found on the Trustee’s public website: https://www.vwenvironmentalmitigationtrust.com/tribe-trust under the Current Updates & Key Information section, and includes useful information on how to apply for funding along with important dates and deadlines. For more information, or to request technical assistance with applying for funding from the Trust, see the information on ITEP’s VW Settlement Technical Assistance Program website.
VW Settlement Trustee Notice and U.S. Notice of Filing of Modified Indian Tribe Trust Agreement
The United States has filed the final, fully executed Environmental Mitigation Trust Agreement for Indian Tribe Trust Beneficiaries (as modified on November 15, 2018) with the United States District Judge for the Northern District of California.
The VW Settlement Trustee will provide a Notice of Beneficiary Designation for the Indian Tribe Trust on January 15, 2019 (for the second funding cycle) and moving forward:
- January 15, 2020 (for the third funding cycle)
- January 15, 2021 (for the fourth funding cycle and any subsequent funding cycles)
- Dkt 5559 Order Approving Material Modifications
- Notice of the Trust Modification Effective Date - Final
- SANFRAN-#185582-v1-VW_-_United_States__Notice_of_Filing_of_Modified_Indi...
- Dkt 4701 Notice of Beneficial Designation (Indian Tribe Trust)_0
On November 19, 2018, Federal District Judge Charles Breyer issued an order to lift the stay on the Indian Tribe Trust. To view the Notice of Order Approving Material Modifications to the Volkswagen Diesel Emissions Environmental Mitigation Trust for Indian Tribe Beneficiaries in accordance with Subparagraph 6.5 of the Indian Tribe Trust, please click here.
Click here to view a fact sheet from ITEP’s VW Settlement Technical Assistance Program that details the proposed modifications to the VW Environmental Mitigation Trust. Please note that this process for funding is subject to approval by the U.S. District Court and might change.
August 14, 2018: The United States Department of Justice issued to the U.S. District Court Northern District of California a “Notice of the United States’ Consent to Modifications to the Indian Tribe Trust Agreement and Memorandum in Support of Its Request for Court Approval of Modifications”. This Notice can be read in its entirety HERE.
The Notice to the Court includes:
A. Proposed Indian Tribe Trust Agreement as Modified
B. Redlined Edits to Indian Tribe Trust Agreement per June 21, 2018 proposed amendments
C. Public Comments Received by the U.S. Department of Justice
D. United States' Response to Public Comments
E. Declaration of Robert Mullaney in Support of United States' Request for Court Approval of Modifications to the Indian Tribe Trust Agreement
F. Declaration of David A. Vanaskey, Jr., on Behalf of Wilmington Trust, N.A., as Trustee, in Support of the United States' Request for Court Approval of Modifications to the Indian Tribe Trust Agreement
G. Proposed Order Approving Modifications to Indian Tribe Trust Agreement
On June 21, 2018 the Trustee provided Notice of the Proposed Material Modification of the Indian Tribe Trust Agreement. The notice to tribes and the proposed material modification to the Trust Agreement can be reviewed on the Trustee's website by clicking here.
The U.S. Department of Justice will accept written comments from Beneficiaries and potential Beneficiaries on the proposed modifications to the Trust Agreement by no later than July 23, 2018. Instructions for tribes to provide written comments are provided in the Notice.
On June 1, 2018 the U.S. Department of Justice issued a report to the Courts providing an update summarizing actions taken by the Department of Justice since the issuance of the March 2, 2018 Court ordered stay for the first round of funding of the Volkswagen Environmental Mitigation Indian Tribe Trust Agreement.
For details of the update issued by the Department of Justice please click here.
On May 10, 2018 the U.S. Department of Justice issued a letter to tribal leaders with an update and proposed modifications to address the over-subscription of funding for the first and subsequent rounds of funding for Tribal Beneficiaries in the Volkswagen Environmental Mitigation Trust Agreement. To view the letter issued by the Department of Justice please click here.
The U.S. Department of Justice and the U.S. Environmental Protection Agency are inviting Tribes to a third telephonic session to discuss the proposed modification issued in the letter to tribal leaders.
Schedule: The schedule for the third telephonic session and for providing any written comments is as follows: Monday, May 21, 2018: Discussion Session 2:00 pm Eastern.
- Link to register for the call and receive the call-in information: http://dpregister.com/10120428
- Those without internet access or unable to preregister may dial in by calling: 1‐866‐777‐2509 (toll free)
On May 1, 2018 the US Department of Justice provided the Courts a report pursuant to the requirements established by the March 2, 2018 stay issued by the Courts. The report provides an update to the Court summarizing the actions taken by the Department of Justice during the 60 day stay. Furthermore, the report states that ...."The United States must further coordinate with the Trustee regarding how any changes to the equitable allocation formula may necessitate other related modifications throughout the Trust Agreement, and must obtain approval of the parties to the Trust Agreement. This process should be completed in approximately 30 days." Click here to read the full report from the Department of Justice.
As a response to the March 2, 2018 Court Order from Judge Charles R. Breyer, the U.S. Department of Justice (DOJ) issued two letters to Tribal Leaders regarding the Court Order’s requirement to “meet and confer” with Tribal Beneficiaries and potential Tribal Beneficiaries.
The first letter dated March 16, 2018 details four possible approaches to allocation for an oversubscribed funding cycle. A call was held on March 21st with Tribes. Comments are due by March 28, 2018.
The second letter dated March 27, 2018 provides several conceptual approaches to allocation for over subscribed funding cycle that were raised by Beneficiaries during the March 21st call.
The Department of Justice accepted written comments until April 3, 2018.
On March 2, 2018 United State District Judge Charles R. Breyer ordered a 60 day stay for certain Trustee obligations under the Environmental Mitigation Trust Agreement for Indian tribe Beneficiaries. In compliance with the Order of the Court, the Trustee will not be publishing any notice, with respect to the first funding cycle on the Indian Tribe Trust's public-facing website at this time.
Instead, the U.S. Department of Justice and the Environmental Protection Agency, in consultation with the Trustee, will be establishing a schedule for the process described in the Order. The Trustee will share the details of that schedule and process as soon as they are available. Click here to read the Court Order.