Local Assistance and Tribal Consistency Fund

The Local Assistance and Tribal Consistency Fund is a general revenue enhancement program that provides additional assistance to eligible revenue sharing counties and eligible Tribal governments.

The American Rescue Plan appropriated $2 billion to Treasury across fiscal years 2022 and 2023 to provide payments to eligible revenue sharing counties and eligible Tribal governments for use on any governmental purpose except for a lobbying activity. Specifically, the American Rescue Plan reserves $250 million to allocate and pay to eligible Tribal governments for each of fiscal years 2022 and 2023, and reserves $750 million to allocate and pay to eligible revenue sharing counties for each of fiscal years 2022 and 2023. Under this program, recipients have broad discretion on uses of funds, similar to the ways in which they may use funds generated from their own revenue sources.

Treasury has launched the Tribal Consistency Fund for eligible Tribal governments and anticipates launching the Local Assistance Fund for eligible revenue sharing counties soon. Please visit this website for updates.

ELIGIBILTY REQUIREMENTS FOR TRIBAL GOVERNMENTS

The Local Assistance and Tribal Consistency Fund identifies eligible Tribal governments as the governments eligible to request payment of their allocation of the program.

An eligible Tribal government is the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of the American Rescue Plan pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 1531).

FUNDING AND ALLOCATION AMOUNTS FOR TRIBAL GOVERNMENTS

Congress has reserved $500 million of funding for eligible Tribal governments under the Local Assistance and Tribal Consistency Fund . Specifically, the American Rescue Plan directs the Secretary to reserve $250 million to allocate and pay to eligible Tribal governments for each of fiscal years 2022 and 2023, taking into account economic conditions of each eligible Tribe.

Treasury held Tribal consultations on February 8, 9, and 10, 2022, and received written comments from Tribal governments and stakeholders. Below, Treasury has published a summary of Tribal consultations, as well as the Tribal allocation methodology used to calculate allocation and payment amounts:

HOW TO REQUEST FUNDING

Recipients may request payment of their allocation through the Treasury Submission Portal. Eligible Tribal governments may log in to the Treasury Submission Portal to review their specific allocation under the program. Eligible Tribal governments will be required to complete payment information, sign program terms and conditions, and submit a certification related to the Tribe’s economic conditions. The portal will open on Friday, July 29, 2022, at 3:00 p.m. ET.

Eligible Tribal governments must request funding by October 31, 2022 at 11:59 PM AKDT. If an eligible Tribal government does not complete its submission by that deadline, the Tribal government will not be eligible for either the first or second payment under the LATCF. The first payment will be available immediately and will be made to Tribes on a rolling basis. Treasury expects to make the second payment after the start of fiscal year 2023.

Please note that the Build America, Buy America Act establishes domestic content procurement preference requirements for federal financial assistance programs for infrastructure, and these requirements apply to the LATCF.  Treasury plans to propose a waiver from the Build America, Buy America Act requirements for awards made under the LATCF program.

An eligible Tribal government may request funding and receive an award before a waiver is issued and becomes effective. However, typically, only awards issued after the waiver is issued and becomes effective are excluded from the requirements of the Buy America, Build America Act. If a Tribal government receives an award prior to the date any waiver becomes effective, then the award may still be subject to the requirements of the Buy America, Build America Act. Treasury will provide more details on the waiver’s effective date on its website.  

ELIGIBLE USE OF FUNDS

The Local Assistance and Tribal Consistency Fund provides flexible support for eligible revenue sharing counties and eligible Tribal governments to meet their jurisdiction’s needs. Specifically, the statute directs that recipients may use funds for any governmental purpose other than a lobbying activity.

As a general matter, recipients may treat these funds in a similar manner to how they treat funds generated from their own revenue. Programs, services, and capital expenditures that are traditionally undertaken by a government are considered to fulfill a “governmental purpose.” For Tribal governments, investing in activities undertaken by Tribal enterprises, such as operating or capital expenditures for businesses that are owned or controlled by a Tribal government, are considered a governmental purpose. Recipients should refer to the Local Assistance and Tribal Consistency Fund guidance for more information on eligible and ineligible uses.

All funds are available to recipients until expended or returned to Treasury.

RECIPIENT COMPLIANCE AND REPORTING

Recipients will be responsible for submitting an annual Project and Expenditure report to Treasury, which is expected to require data on obligations and expenditures by category of use and certification that funds have not been used to fund lobbying activities. Treasury will release detailed reporting guidance at a later date.

General Inquiries

Informational Webinar

On July 29, 2022 at 2:00 PM ET, Treasury will host an information session for Tribal governments on the Local Assistance and Tribal Consistency Fund to provide an overview of the program, demonstrate the Local Assistance and Tribal Consistency Fund Portal, and answer questions. Register here for the information session.

For general questions about the Local Assistance and Tribal Consistency Fund, please email LATCF@treasury.gov

REFERENCE DOCUMENTS

Local Assistance and Tribal Consistency Fund Guidance

Local Assistance and Tribal Consistency Fund Allocation Methodology for Tribal Governments

Local Assistance and Tribal Consistency Fund Tribal Consultation Summary