Secretary of the Treasury Steven Mnuchin speaks with members of the press Friday, March 13, 2020, outside of the West Wing of the White House. (Official White House Photo by Keegan Barber)
A federal judge on May 11, 2020, declined to order the Trump administration to “immediately” distribute the entirety of the $8 billion coronavirus relief fund that was promised to tribal governments more than a month ago.
The Department of the Treasury began distributing a portion of the $8 billion last week. More than $4.3 billion has gone out so far, according to public documents and statements made in court.
But even though the Secretary of the Treasury Steve Mnuchin is possibly “months” away from figuring out how to distribute the remainder, Judge Amit P. Mehta said he would not issue an order as requested by the plaintiffs in Agua Caliente Band of Cahuilla Indians v. Mnuchin.
“Undoubtedly, the COVID-19 pandemic presents a national public health emergency that is without precedent in modern times, and the Title V funds at issue are clearly needed by Indian tribes to combat the pandemic’s effects,” Mehta wrote in the 16-page decision.
“Plaintiffs, however, have not carried their burden to show that the Secretary’s delay thus far is so egregious as to warrant mandamus relief today,” Mehta observed.
“But that does not mean the Secretary enjoys an indefinite period to carry out Congress’s command,” the judge added. “This matter remains pending, and Plaintiffs are free to renew their motion should the Secretary continue to delay in distributing the remaining emergency funds.”
Treasury’s first round of payments account for 60 percent of the $8 billion coronavirus relief fund, or $4.8 billion. Almost all of it is going to tribal governments in Alaska and in the lower 48 states.
But a portion is being withheld for Alaska Native corporations — about $162.3 million, according to the Department of Justice. The money will be sent out if the Trump administration ends up winning another court case affecting the coronavirus relief fund.
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