Legislation and Federal Policy

*Formerly the American Jobs Plan

Tribal Advocacy

• 4/13: Joint Letter re: Infrastructure for Indian County under American Jobs Plan

Resources

• 8/11: Tribal Provisions of H.R. 3684, the Infrastructure Investment and Jobs Act
• April: American Jobs Plan Tribal Fact Sheet

American Families Plan: Recent Tribal Advocacy

• 8/19: Joint Tribal Partner Organizations Letter to House Leadership in Support of Budget Reconciliation Spending for Tribal Programs
• 8/19: Joint Tribal Partner Organizations Letter to Senate Leadership in Support of Budget Reconciliation Spending for Tribal Programs

American Rescue Plan: Recent Tribal Advocacy and Information

• 1/18/2022: Resources from NAFOA SLFRF Project & Expenditure Report Compliance Webinar
  • Webinar recording
  • Webinar slides
• 7/16: USET SPF Comments on the Interim Final Rule to Implement the Fiscal Recovery Fund
• 6/4: USET SPF Comments to Treasury re: Small Business Credit Initiative Program
• 5/26: USET SPF Letter to OMB Requesting Guidance on COVID Funding and IDC Rates
• 4/9: USET SPF Comments to Treasury re: ARP

American Rescue Plan Implementation

• Treasury resources for the Coronavirus State and Local Fiscal Recovery Funds (CFRF) in the American Rescue Plan:
  • Treasury CFRF Webpage for Tribal Governments
  • Treasury’s Interim Final Rule on the CFRF
  • Treasury CFRF Tribal Consultations Summary
  • CFRF Tribal Government Checklist
  • Treasury Tribal Government Allocation Methodology
  • CFRF Fact Sheet
  • CFRF Quick Reference Guide
  • CFRF Compliance and Reporting Guidance
  • CFRF Frequently Asked Questions (updated November 15, 2021)
    ***New as of 11/15:
    Civil Rights: Treasury updated its Frequently Asked Questions and reporting guidance on the Tribal, State, and Local Fiscal Recovery Funds regarding Treasury’s standard terms and conditions for recovery programs. The Department clarified that the award terms do not impose antidiscrimination requirements on tribes beyond what would otherwise apply under federal law.  Treasury is amending its reporting requirements with respect to the recovery programs to reflect this clarification.  Tribal governments will not be required to certify civil rights compliance for Treasury’s pandemic programs.
    Reporting Deadlines: Treasury also revised the deadline for submission of the first Project and Expenditure Report from the previous October 31, 2021 date. In addition, in response to Tribal leader feedback, Treasury has updated the reporting tiers as follows:
    Tribal governments with awards above $30 million– the report will now be due on January 31, 2022 and will cover the period between March 3 and December 31, 2021. The report will be due quarterly.
    Tribal governments with awards less than $30 million- the report will now be due on April 31, 2022 and will cover the period between March 3, 2021 and March 31, 2022. The report will be due annually by the end of April.

• Treasury 9/20: Homeowner Assistance Fund Resources
  • HAF Tribal Data and Methodology
  • Overview of HAF Application Process
• AS–IA 9/14: American Rescue Plan Resources for Tribal Communities
• HHS 9/10: HHS Announces the Availability of $25.5 Billion in COVID-19 Provider Funding – Combined application for American Rescue Plan rural funding and Provider Relief Fund Phase 4 will open on September 29
  HHS announced $25.5 billion in new COVID-19 relief funding for health care providers. HRSA announced $17 billion in Phase 4 funding for the Provider Relief Fund, and $8.5 billion in American Rescue Plan Act funding for rural health care providers. Unlike earlier distributions, providers will need to apply for this funding. There will be a common application for both sets of funding and the portal will open on September 29, 2021.
  HRSA also announced that it would provide a 60 day grace period for providers to come into compliance with their Provider Relief Fund reporting requirements and they miss the first deadline for reporting on September 30, 2021. Additional information on Phase 4 and rural distributions can be found here.
• Social Security Administration 8/6: DTLL re: coronavirus relief funding not counting against SSI
  “Financial assistance provided from Tribal Governments to assist Tribe members due to COVID-19, funded by the Coronavirus Relief Fund or Coronavirus State and Local Fiscal Recovery Funds and ARPA, does not count against Supplemental Security Income (SSI) eligibility and payment amounts.”
• Treasury 6/30: DTLL re: Second Phase of Fiscal Recovery Fund Distributions
• BIA Eastern Regional Office 6/22: DTLL re: Provision and Delivery of Potable Water
  • Application for Potable Water Delivery
• Treasury 6/21: Last week Treasury released Compliance and Reporting Guidance for all eligible governments on reporting and compliance for the Fiscal Recovery Funds. As noticed last week, we have a tribal information session scheduled for June 28, 2021 at 3pm-4pm EDT (register for the session). Treasury has received Tribal feedback on the reporting guidance and we look forward to receiving further questions during our information session. Additionally, we will be issuing a forthcoming update to address tribal inquiries on the reporting guidance.
  Each Tribal government is required to meet compliance and reporting responsibilities, as defined in the Interim Final Rule and further described in the Compliance and Reporting Guidance. The Reporting Guidance requires program and performance reporting to build public awareness, increase accountability, and monitor compliance of eligible uses. Treasury will begin to accept Interim Reports in August 2021 and will issue a User Guide and other reference materials by the beginning of August. Interim Reports are due by August 31st. Please check Treasury’s website frequently for updates.
  Each Tribal government must submit an Interim Report by August 31, 2021, which covers the period from March 3 to June 30, 2021 and includes a summary of spending by expenditure category (see Reporting Guidance Appendix for a list of expenditure categories). In addition, each Tribal government must submit a quarterly Project and Expenditure Report beginning on October 31, 2021 and every quarter thereafter.
  For more information, please visit Treasury’s Coronavirus State and Local Fiscal Recovery Funds for Tribal Governments website.
• Treasury 6/21: Several Tribes have asked whether there is a deadline of June 30, 2021 for submitting Homeownership Assistance Fund Housing Plans. Please note that the June 30 deadline does not apply to Tribes, Tribally Designated Housing Entities (TDHEs), or the Department of Hawaiian Home Lands. The September 30, 2021 deadline for applying for funds under HAF is still in place. Treasury anticipates publishing more information regarding HAF soon and will also e-mail updates to the points of contact registered in the HAF portal.
  Treasury will host Tribal consultation on the implementation of the HAF by Tribal governments and TDHEs on July 13, 2021 from 2:00 p.m. to 5:00 p.m. ET (register for the consultation). Treasury published guidance on the HAF on April 14, 2021. For more information on the consultation, including the framing questions, please e-mail tribal.consult@treasury.gov.
  Comments should be submitted to tribal.consult@treasury.gov.The deadline for comments on HAF implementation is Friday, July 23, 2021, at  11:59 p.m. ET.
• IHS 6/16: DTLL re: allocation decisions for $1.8 billion
• White House 6/16: Child Tax Credit Awareness Day is Monday, June 21
• BIA 5/14: Frequently Asked Questions for Indian Affairs American Rescue Plan Act Funding Appropriated Directly to Indian Affairs
• Treasury 5/10: The Coronavirus Capital Projects Fund (CCPF) will address many challenges laid bare by the pandemic, especially in rural America and low- and moderate-income communities, helping to ensure that all communities have access to the high-quality, modern infrastructure needed to thrive, including internet access.
  Treasury will begin to accept applications for review in the summer of 2021 and will issue guidance before that date. Please check the CCPF website regularly for updates.
• BIA 5/7: Housing Improvement Program Waiver
• AS-IA 4/30: Indian Affairs Begins Disbursement of $900 Million in American Rescue Plan Funding to Tribes Across Indian Country
• USDA 4/28: Consultation on May 4 to solicit input on ways to implement new, emergency health care grants in tribal communities
  • USDA framing paper
• Treasury 4/26: State Small Business Credit Initiative (SSBCI)
  • Information Session on SSBCI for Tribes
  • Consultation on SSBCI for Tribes
• Minority Business Development Agency 4/23: New Small Business And Non-Profit Tax Credit For Vaccination Support
• DOI 4/23: Indian Affairs Announces Distribution Plan for $850 Million Designated for BIE-funded Schools Under the American Rescue Plan Act
• IHS 4/16: Dear Tribal Leader Letter re: allocation decisions for $4.3 billion of the total $6.094 billion provided to the Indian health system
• NAFOA 4/16: Treasury Releases Guidance on Homeowner Assistance Fund

American Rescue Plan Resources

• 6/23 TSGAC: “American Rescue Plan Act 2021: Use of Funding + CARES Act Provider Relief Fund: Reporting Requirements” Webinar
  • Webinar Recording, PowerPoint, and Supporting Document (Helpful Links)
• 5/28 Hobbs, Straus, Dean & Walker: Client Memo re: Update on American Rescue Plan Fiscal Recovery Fund Guidance
• 3/16 SCIA: Comprehensive Guide and Frequently Asked Questions document

H.R. 133 – Consolidated Appropriations Act, 2021

Status: Enacted. Signed by the President on 12/27/20
To read the full legislative text of the entire year-end package click here
For a section-by-section on the stimulus package, click here

• 12/22 NCAI’s summary of the relevant tribal provisions in Division M-N addressing COVID-19 relief in H.R. 133
• 12/22 NAFOA Tribal Leader Town Hall Recording, Presentation slides

4th Package Implementation

• USET SPF 1/8: Comments to IHS re: $1 billion authorized under Coronavirus Response and Relief Supplemental Appropriations Act, 2021
  • IHS 2/2: Dear Tribal Leader Letter announcing allocation decisions
  • IHS 1/15: Dear Tribal Leader Letter announcing allocation decisions

To ensure Tribal Nations have direct access to the Public Health Emergency Preparedness Program
Status: Introduced in Senate and House

• S. 3486: Sen. Udall Press Release
• H.R. 6274: Reps. Haaland and Gallego Press Release
• Bill Text

To Guarantee Tribal Health Authorities Access to the Strategic National Stockpile
Status: Introduced in Senate

• Sens. Warren and Udall Press Release
• Bill Text
• Bill Summary

Status: Signed into law on 4/24/20

• Enacted Bill Text

Coronavirus Aid, Relief, and Economic Security (CARES) Act
Status: Signed into law on 3/27/20

• Bill Text
• Bill Summary—Division A and Bill Summary—Division B
• 3/27 Congressional Native American Caucus: Tribal Priorities Included in CARES Act
• SCIA Summary of Tribal Provisions

CARES Act: Executive Branch Implementation

Treasury’s Coronavirus Relief Fund website, guidance (published 1/15/21), and FAQs (updated 3/2/21)
– 10/21: NAFOA letter requesting clarity on 10/19 CRF FAQs
– 11/20: Treasury’s response to NAFOA

• Social Security Administration 8/6: DTLL re: coronavirus relief funding not counting against SSI
  “Financial assistance provided from Tribal Governments to assist Tribe members due to COVID-19, funded by the Coronavirus Relief Fund or Coronavirus State and Local Fiscal Recovery Funds and ARPA, does not count against Supplemental Security Income (SSI) eligibility and payment amounts.”
• 6/11 HHS: Provider Relief Fund General and Targeted Distribution Post-Payment Notice of Reporting Requirements
• 3/26 IHS DTLL: Telehealth Funding Distribution
• 1/6/21 SBA and Treasury: Additional Paycheck Protection Program (PPP) guidance:
  • SBA Guidance on Accessing Capital for Minority, Underserved, Veteran and Women-Owned Business Concerns
  • Interim Final Rule on Paycheck Protection Program as Amended by Economic Aid Act
  • Interim Final Rule on Second Draw Loans
• 12/9 SBA and Treasury: Updated Paycheck Protection Program (PPP) FAQs
  • Forgiveness FAQ # 53 (page 19) has been added (Released 12/9/20)
    Question: Why are some PPP borrowers receiving a Loan Necessity Questionnaire (SBA Form 3509 or 3510)?
• 10/8 SBA and Treasury: Forgiveness Payment Notification Order
• 10/8 SBA and Treasury: Updated Paycheck Protection Program (PPP) FAQs
• 9/21 Treasury OIG Memo: CRF FAQs Related to Reporting and Recordkeeping (Revised)
• 8/25 SBA and Treasury: Paycheck Protection Program (PPP) Interim Final Rule Treatment of Owners and Forgiveness of Certain Nonpayroll Costs
• 8/13 HSDW: Provider Relief Fund Updates
• 8/12 HRSA: COVID-19 Response: Provider Relief Fund
• 7/31 Treasury OIG memorandum Coronavirus Relief Fund Reporting Requirements Update
• 7/23 Treasury OIG: Interim Report of Costs Incurred by State and Local Recipients Through June 30
• 7/2 Treasury OIG Memo: Coronavirus Relief Reporting and Record Retention Requirements
• 7/8: FAQs on Acceptable and Non-acceptable Expenditures of BIA CARES Act funds
• 6/12 SBA and Treasury: SBA and Treasury Announce New and Revised Guidance Regarding the Paycheck Protection Program (PPP)
• 6/12: Statement by Secretary Steven T. Mnuchin on the Provision of Coronavirus Relief Fund Dollars to Native American Tribes

CARES Act: Tribal Implementation Advocacy

• 4/27/21 USET SPF Comments on USDA Rural eConnectivity (ReConnect) Program

Status: Signed into law on 3/18/20

• Bill Text
• Bill Summary
• 3/20 Hobbs, Straus, Dean & Walker, LLP: HR 6201’s Employment Related Provisions
• 3/27 IHS DTLL re: Coronavirus Funding from Families First Coronavirus Relief Act

(includes $40M Indian country specific component)
Status: Signed into law 3/6/20

Funding Distribution Status: 3/20 HHS announces upcoming action to provide funding to tribes for COVID-19 response

• Bill Text
• Bill Summary

• GAO Report December 2022: COVID-19 Relief Funds: Lessons Learned Could Improve Future Distribution of Federal Emergency Relief to Tribal Recipients
• Treasury Report November 2022: Tribal Recovery Report: American Rescue Plan Act Coronavirus State and Local Fiscal Recovery Funds
• GAO Report March 2022: Indian Health Service: Relief Funding and Agency Response to COVID-19 Pandemic
• 11/5/21: USET SPF Comments to HHS in response to White House Council on Native American Affairs (WHCNAA) Nation-to-Nation Dialogue on COVID-19
• COVID-19 Recovery and Response Policy Briefs from the Harvard Project on American Indian Economic Development
  • Policy Brief 7: Assessing the U.S. Treasury Department’s Allocations of Funding for Tribal Governments under the American Rescue Plan Act of 2021 – November 2021
  • Policy Brief 6: Recommendations for Allocations of ARPA – April 2021
  • Policy Brief 5: Lessons from the CARES Act – July 2020
  • Policy Brief 4: Emerging Stronger: Principles and Guidelines – July 2020
  • Policy Brief 3: Proposal for a Fair Formula to Tribes – May 2020
  • Policy Brief 2: Dissecting CARES Act Funding to Tribes – May 2020
  • Policy Brief 1: Recommendations to Secretary Mnuchin – April 2020

• Congressional Research Service:
  • 4/14 COVID-19 and the Indian Health Service
  • 4/9 The CARES Act: Implications for Tribes
  • 4/6 COVID-19 Stimulus Assistance to Small Businesses: Issues and Policy Options
  • 3/30 COVID-19 Stimulus Assistance to Small Businesses: Issues and Policy Options
  • 3/24 Senior Nutrition Programs’ Response to COVID-19