WASHINGTON — A federal judge on Thursday dismissed a Shawnee Tribe of Oklahoma lawsuit that alleged the Department of Treasury had arbitrarily withheld millions of dollars in emergency funding due to the tribe under the CARES Act.
At issue in the lawsuit was the decision by the Treasury Secretary Steven Mnuchin to use Indian Housing Block Grant (IHBG) tribal population data when it came to allocating each federally recognized tribe’s portion of the $8 billion that Congress set aside for tribal governments under Title V of the CARES Act. The IHBG is a program of the Department of Housing and Urban Development (HUD).
The use of IHBG data caused the Treasury to “grossly undercount” the Shawnee Tribe’s population, according to the tribe’s lawsuit filed in Oklahoma in June. Though the tribe has more than 3,000 members, IHBG’s race-based data showed that the Shawnee Tribe — as well as 24 other tribal governments — were listed as having a population of “zero” according to the lawsuit.
The matter was later moved to federal district court in Washington D.C., where U.S. District Judge Amit P. Mehta was handling several other lawsuits related to CARES Act funding for tribal governments, including a similar lawsuit on tribal population filed by the Prairie Band Potawatomi Nation. The Prairie Band voluntarily dismissed that case on July 9, after Mehta denied their request for a preliminary injunction.
On Thursday, Judge Mehta ruled that Mnuchin’s decision to use IHBG data is not reviewable under the Administrative Procedure Act (APA) and granted a Treasury Dept. motion to dismiss the Shawnee Tribe’s lawsuit.
Echoing his Aug. 19 decision to deny the Shawnee Tribe’s motion for a preliminary injunction, Mehta concluded that Congress had granted Secretary Munchin the discretion to choose the method for allocating the funds.
“The question presented here,” Judge Mehta wrote yesterday, “is whether the manner in which the Secretary allocated Title V funds amongst the various Tribal governments was ‘committed to agency discretion by law.’ After multiple rounds of briefing and oral arguments on motions for preliminary relief in this case and in Prairie Band, the court has twice found the answer to be ‘yes’ — the Secretary’s allocation methodology is not reviewable under the APA.”
More Stories Like This
50 Years of Self-Determination: How a Landmark Act Empowered Tribal Sovereignty and Transformed Federal-Tribal RelationsChemehuevi Cemetery of Twenty-Nine Palms Band of Mission Indians Added to National Register of Historic Places
Las Vegas Man Indicted for Selling Fraudulent Goods Falsely Claimed as Native American-Made
Muscogee Nation Marks Fifth Anniversary of McGirt Ruling with Sovereignty Day Celebration
Navajo Nation Appoints Associate Justice Eleanor Shirley as Interim Chief Justice
Help us tell the stories that could save Native languages and food traditions
At a critical moment for Indian Country, Native News Online is embarking on our most ambitious reporting project yet: "Cultivating Culture," a three-year investigation into two forces shaping Native community survival—food sovereignty and language revitalization.
The devastating impact of COVID-19 accelerated the loss of Native elders and with them, irreplaceable cultural knowledge. Yet across tribal communities, innovative leaders are fighting back, reclaiming traditional food systems and breathing new life into Native languages. These aren't just cultural preservation efforts—they're powerful pathways to community health, healing, and resilience.
Our dedicated reporting team will spend three years documenting these stories through on-the-ground reporting in 18 tribal communities, producing over 200 in-depth stories, 18 podcast episodes, and multimedia content that amplifies Indigenous voices. We'll show policymakers, funders, and allies how cultural restoration directly impacts physical and mental wellness while celebrating successful models of sovereignty and self-determination.
This isn't corporate media parachuting into Indian Country for a quick story. This is sustained, relationship-based journalism by Native reporters who understand these communities. It's "Warrior Journalism"—fearless reporting that serves the 5.5 million readers who depend on us for news that mainstream media often ignores.
We need your help right now. While we've secured partial funding, we're still $450,000 short of our three-year budget. Our immediate goal is $25,000 this month to keep this critical work moving forward—funding reporter salaries, travel to remote communities, photography, and the deep reporting these stories deserve.
Every dollar directly supports Indigenous journalists telling Indigenous stories. Whether it's $5 or $50, your contribution ensures these vital narratives of resilience, innovation, and hope don't disappear into silence.
The stakes couldn't be higher. Native languages are being lost at an alarming rate. Food insecurity plagues many tribal communities. But solutions are emerging, and these stories need to be told.
Support independent Native journalism. Fund the stories that matter.
Levi Rickert (Potawatomi), Editor & Publisher
