2021 WLS Summit Book

The American Rescue Plan: Key Tribal Provisions On Saturday, March 6, 2021, the U.S. Senate advanced its version of President Biden’s $1.9 trillion American Rescue Plan by a party line 50-49 vote. Senate procedural rules forced removal of provisions in the House- passed bill, most notably the increase in the federal minimum wage from $7.25 / hour to $15 / hour. The bill now moves back to the House for final passage before being sent to President Biden. The American Rescue Plan includes significant resources to help Indian Country address the health and economic crises created by the COVID-19 pandemic. The largest program in the bill for Indian tribbes would send $20 billion to tribal governments through the renamed Coronavirus Fiscal Recovery Funds (formerly the CARES Act - Coronavirus Relief Fund). Indian Tribes are defined as the governing body of a tribe included in the BIA’s annually published Federally Recognized Indian Tribes List. The overall Rescue Plan also provides + $6 billion for Indian health care programs and services, as well as increased funding for Indian education, housing, food distribution, child care, and more. House Leadership is working to complete debate and vote on the final bill on Tuesday, March 9 th . President Biden hopes to sign the bill into law before Sunday, March 14 th when Federal unemployment benefits begin to expire. Key Tribal Provisions in the American Rescue Plan Title IX. Committee on Finance. Sec. 9901. Coronavirus State and Local Fiscal Recovery Funds. “Sec. 602. Coronavirus Fiscal Recovery Fund.” The provision re-names the CARES Act Coronavirus Relief Fund (CRF) and provides $219.8 billion to tribal, state and territorial governments to address the health and economic crises caused by the COVID-19 pandemic. $20 billion is set aside for tribal governments, defined as the governing bodies of Indian tribes listed on the annual Federally Recognized Indian Tribes List Act. Of the $20 billion, $1 billion will be distributed equally to all 574 federally recognized tribes (approximately $1.7 million per tribe). The remaining $19 billion will allocated based on a formula determined by the Secretary of the Treasury. The “use of funds” under this provision is made more flexible for all governments to cover costs incurred: (A) “to respond to the public health emergency … or its negative economic impacts”; (B) “to respond to workers performing essential work” or “by providing grants to eligible employers that have eligible workers who perform essential work”; (C) “for the provision of governments services to the extent of the reduction in revenue of” Tribal governments; or (D) “to make necessary investments in water, sewer, or broadband infrastructure.” The term “eligible worker” is defined as “workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors” as may be designated by Tribal governments as critical to protect the health and well-being” of their residents. “Sec. 604. Coronavirus Capital Projects Fund.” Provides $50,000 to each federally recognized Indian Tribe (@$28.7 million) with an additional $21 million to be distributed to Tribes based on a formula “to carry out critical capital projects directly enabling work, education, health monitoring, including remote options, in response to COVID-19. “Sec. 605. Local Assistance and Tribal Consistency Fund.” Provides $250 million in FY22 and FY23 to “allocate and pay to eligible Tribal governments” as determined by the Secretary “taking into account economic conditions of each eligible Tribe.” The funds can be used “for any governmental purpose other than lobbying.” Sec. 9815. Extension of 100% FMAP to Urban Indian and Native Hawaiian Health Care Systems. This provision extends the 100% FMAP to Urban Indian and Native Hawaiian Health Orgs for two years. Sec. 9601. 2021 Recovery Rebates to Individuals. Provides $1,400 payments for single taxpayers making up to $75,000 ($2,800 to joint filers up to $150,000). Sec. 9201. Pandemic Emergency Fund—Emergency Assistance for Children and Families. Established the Pandemic Emergency Assistance Fund, appropriating $1 billion that will be available from April 1, 2021 to September 30, 2022. Of this amount, $74.85 million (7.5%) is reserved for tribal and territorial governments that are eligible for TANF grants. HHS will determine the allocation formula to Indian tribes. Sec. 9013. Extension of Pandemic Unemployment Assistance . Extends federal unemployment assistance benefits from the current expiration date of March 14, 2021 to September 6, 2021.

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