Treasury Department Announces $500 Million for Tribal Nations under LATCF

Last week, the U.S. Department of the Treasury announced the availability of $500 million in funding through the Local Assistance and Tribal Consistency Fund (LATCF) for eligible tribal governments. The LATCF, which was established through the American Rescue Plan (ARP), provides $2 billion across fiscal years 2022 and 2023 for eligible revenue-sharing counties and tribal governments to use on any governmental purpose except lobbying activity. Congress set aside $500 million of the funding for eligible tribal governments. The ARP directs the secretary of the Treasury Department to reserve $250 million to allocate and pay to eligible tribal governments for fiscal years 2022 and 2023, considering the economic conditions of each eligible tribe.

According to the ARP, 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 in the list published most recently as of the date of enactment of the ARP pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 1531).

The Treasury Department hosted three tribal consultations in February to collect input from tribal leaders for recommendations on allocation methodologies and how to best use the funds. Nearly 500 attendees from across country joined the consultations and provided input. A summary of the consultations can be found here. The tribal allocation methodology can be found here. Eligible tribal governments must request funding by Oct. 31, 2022, at 11:59 p.m. The first payment will be available immediately and will be made on a rolling basis. The Treasury Department anticipates that the second payment will be made after the start of fiscal year 2023.

THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING NEW LATCF FUNDING FOR TRIBAL NATIONS. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.