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Treasury’s Tribal Pandemic Fund Re-Allocation Upheld by Court

Jan. 28, 2022, 11:16 PM

A federal court has upheld the Treasury Department’s methodology for reallocating funds designated for tribal governments under pandemic relief legislation.

In a decision Friday, the U.S. District Court for the District of Columbia rejected the argument of two tribes—the Miccosukee Tribe of Indians of Florida and the Prairie Band Potawatomi Nation—that a 2021 methodology for re-allocating funds was arbitrary and capricious under the Administrative Procedure Act. The methodology was created after the U.S. Court of Appeals for the D.C. Circuit ruled that a 2020 approach likely failed the “arbitrary and capricious” test.

The district court concluded that ...

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