Modoc Lassen Indian Housing Authority v. United States Department of Housing & Urban Development

I join the majority’s .excellent opinion in Parts 11(A) and (C). But in connection with Part 11(B), I respectfully dissent. In my view, HUD enjoyed statutory authority to recoup overpayments under the block grants. Accordingly, I respectfully dissent from the majority’s conclusion in Part 11(B) that HUD lacked this authority.

The Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”) authorizes a pool of funds for HUD to allocate among Native American tribes. In this case, HUD overpaid certain tribes and - sought to recoup the overpayments through administrative…