Coronavirus State and Local Fiscal Recovery Funds for Tribal Governments

The Coronavirus State and Local Fiscal Recovery Funds delivers $20 billion in funding for Tribal governments.

These funds represent an historic investment in Indian Country and provide a substantial infusion of resources to

  • Fight the pandemic and support households and businesses in Indian Country struggling with its economic impacts
  • Maintain vital public services, even amid declines in revenue for Tribal governments resulting from the crisis
  • Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity

ELIGIBLE USES FOR CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS

The Coronavirus State and Local Fiscal Recovery Funds provide eligible state, local, territorial, and Tribal governments with a substantial infusion of resources to meet pandemic response needs and rebuild a stronger and more equitable economy as the country recovers. Recipients may use SLFRF funds to:

  • Replace lost public sector revenue, using this funding to provide government services up to the amount of revenue loss experienced due to the pandemic
  • Respond to the far-reaching public health and negative economic impacts of the pandemic, by supporting the health of communities, and helping households, small businesses, impacted industries, nonprofits, and the public sector recover from economic impacts
  • Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical sectors
  • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, to support vital wastewater and stormwater infrastructure, and to expand affordable access to broadband internet 

For questions about how the end of the COVID-19 National Emergency impacts these uses of funds, please see FAQ 4.11 in the SLFRF FAQs.

Additionally, the Consolidated Appropriations Act, 2023 added three additional eligible uses described further in the 2023 Interim Final Rule: 

  • Emergency relief from natural disasters or their negative economic impacts, providing emergency relief from the physical and economic impacts of natural disasters. 
  • Surface transportation projects, utilizing funds for eligible projects through three pathways. 
  • Title I projects, investing in eligible activities under the CDBG and ICDBG programs, as listed in section 105(a) of the Housing and Community Development Act of 1974.  

The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each recipient to meet local needs within these eligible use categories.

Within these categories of eligible uses, Tribal governments have broad flexibility to decide how best to use this funding to meet the needs of their local communities. Further, in recognition of the pandemic's disproportionate public health and economic impacts in Tribal communities, the SLFRF program provides an expanded set of eligible services when provided by a Tribal government.

2022 FINAL RULE

Funding from the Coronavirus State and Local Fiscal Recovery Funds is subject to the requirements specified in the 2022 Final Rule released by Treasury on January 6, 2022. Treasury released an Overview of the 2022 Final Rule, which provides a summary of major rule provisions to assist recipients and stakeholders. Treasury also released a Tribal government fact sheet, which contains highlights of the final rule relevant to Tribal governments.

The 2022 Final Rule Tribal webinar and slide presentation provide an introduction and summary of the Final Rule.

The 2022 Final Rule took effect on April 1, 2022, though Tribal governments could choose to take advantage of its flexibilities and simplifications when Treasury released the final rule on January 6, 2022, ahead of the effective date. Tribal governments may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more information on compliance with the 2021 Interim Final Rule and the 2022 Final Rule.

2023 INTERIM FINAL RULE

In December 2022, Congress amended the SLFRF program through the Consolidated Appropriations Act, 2023, providing additional flexibility to use SLFRF funds to respond to natural disasters, build critical infrastructure, and support community development. Treasury issued the 2023 Interim Final Rule implementing the amendments to the SLFRF program and is seeking feedback from the public on all aspects of the Interim Final Rule. Treasury released an Overview of the 2023 Interim Final Rule, which provides a summary of major rule provisions to assist recipients and stakeholders. Treasury also released a Tribal government fact sheet for the 2023 Interim Final Rule, which contains highlights of the Interim Final Rule relevant to Tribal governments.

Obligation INTERIM FINAL RULE

In November 2023, Treasury issued an Obligation Interim Final Rule to address recipients’ questions regarding the definition of “obligation” and provide related guidance and clarifications. On March 29, 2024 Treasury updated frequently asked questions (FAQ) to further clarify the “obligation” requirement. Treasury also released a Tribal government fact sheet on the obligation FAQs, which contains highlights of the Interim Final Rule relevant to Tribal governments. Treasury also hosted a webinar (link forthcoming) with an accompanying slide deck for Tribal governments about the recent update to the SLFRF FAQs related to the Obligation requirement.

TRIBAL ALLOCATION METHODOLOGY

The American Rescue Plan Act of 2021 (the "Act") allocates $20 billion to Tribal governments, directing that (i) $1 billion is to be allocated equally among eligible Tribal governments and (ii) $19 billion is to be allocated to Tribal governments in a manner determined by the Secretary of the Treasury.

Treasury has developed the Coronavirus State and Local Fiscal Recovery Funds Tribal Government Allocation Methodology , which incorporates important feedback that Tribal leaders shared during five Treasury-hosted Tribal consultations in late March and early April of 2021. In these consultations, Treasury requested and received input from Tribal leaders regarding the allocation methodology, use of funds, and administrative activities such as reporting and compliance.

Of the $19 billion that the Act directs Treasury to allocate, Treasury’s allocation methodology provides that 65% of these funds, or $12.35 billion, will be distributed based on pro rata, self-certified Tribal enrollment (“Enrollment Allocation”). Treasury will distribute the remaining 35% of these funds, or $6.65 billion, based on self-certified Tribal employment data (“Employment Allocation”).  For the Employment Allocation, an equitable minimum payment of $1,000,000 will be made to eligible Tribal governments that confirm or amend their 2019 employment numbers. 

Treasury will use self-certified enrollment numbers submitted to the Bureau of Indian Affairs in April 2021 for the Enrollment Allocation. Treasury will use the 2019 employment data submitted to Treasury in May 2020 in connection with the CARES Act Coronavirus Relief Fund for the Employment Allocation and will require that Tribal governments confirm these numbers.

TRIBAL PAYMENT STRUCTURE

Treasury issued two payments to eligible Tribal governments that accepted funds. The first payment included (i) an amount in respect of the $1 billion allocation that was divided equally among eligible Tribal governments and (ii) each Tribal government’s pro rata share of the Enrollment Allocation. The deadline to complete the first submission was June 21, 2021 11:59 PM PST.

Treasury issued the second payment in respect of the Employment Allocation after Tribal governments confirmed their 2019 employment numbers. The deadline for confirming or amending a Tribal government’s 2019 employment numbers was July 23, 2021 at 11:59 PM PST. Following the July 23, 2021 deadline, Treasury calculated Employment Allocations for those Tribal governments that confirmed or submitted amended employment numbers. In August, Treasury communicated to Tribal governments the amount of their portion of the Employment Allocation and the anticipated delivery date of the payment.

Treasury has obligated and distributed 99.9% of funds to eligible Tribal Governments, which are being used to make a difference in communities.

RECIPIENT COMPLIANCE AND REPORTING Guidance

Each Tribal government is required to meet compliance and reporting responsibilities, as 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 is now accepting the Project and Expenditure Reports for certain recipients through Treasury’s Portal. Tribal Governments must submit a Project and Expenditure Report either quarterly or annually. Please refer to the Compliance and Reporting Guidance to determine the exact reporting deadline.

The Tribal Project & Expenditure Report Compliance webinar and slide presentation, in coordination with NAFOA, provide a summary and walk through for the Fiscal Recovery Funds Project and Expenditure report for Tribal governments.

User Guides

Recipients should refer to the following user guides for step-by-step guidance for submitting the required SLFRF reports using Treasury’s Portal:

 

Additional information on Compliance and Reporting

RESOURCES AND CONTACT INFORMATION

To facilitate the process for Tribal governments to receive payments from the Coronavirus State and Local Fiscal Recovery Funds, Treasury has prepared a Coronavirus State and Local Fiscal Recovery Funds Tribal Government Checklist.

Resources and Contact Information

  • If you have questions about the Treasury Submission Portal, experience connectivity, internet, or other access issues, or for technical support, please email covidreliefitsupport@treasury.gov
  • If you have general questions about the Coronavirus State and Local Fiscal Recovery Funds, please email SLFRF@treasury.gov
  • If you have questions about Tribal Affairs at Treasury, please email Tribal.Consult@treasury.gov

 

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REFERENCE DOCUMENTS