United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Department of Housing & Urban Development

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant, the United Keetoo-wah Band of Cherokee Indians of Oklahoma (“UKB”), is challenging a final agency action by the United States Department of Housing and Urban Development (“HUD”) whieh drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-4243. The basis of the UKB’s claim, in essence, is that HUD’s decision was arbitrary and capricious (1) as a substantive matter because HUD’s regulations implementing NAHASDA were…