To:
Indian Gaming Association Member Tribes
From:
Ernie Stevens Jr., Chairman Jason Giles, Executive Director
Re:
Expedited Virtual Tribal Consultation with U.S. Treasury on Additional Guidance on Low-Income Communities Bonus Credit Program
Date:
June 1, 2023
Yesterday, May 31, 2023, the Department of Treasury (Treasury) issued a Dear Tribal Leader Letter (DTTL) on a scheduled expedited consultation on a Notice of Proposed Rulemaking (REG-110412- 23) “Additional Guidance on Low-Income Communities Bonus Credit Program”. The virtual consultation will take place on Monday, June 26, 2023 from 1pm-4pm EST . The Low-Income Communities Bonus Credit Program is under Section 48(e) of the Inflation Reduction Act that was passed last year. During the consultation, Treasury will be asking input from Tribal Leaders on specific components of this Notice of Proposed Rulemaking (NPRM). The questions for preparation can be found in the attached Dear Tribal Leader Letter. The Indian Gaming Association urges all of its Member Tribes to participate in this consultation, specifically for input on question C of the attached DTTL, which states: C. The Additional Selection Criteria, described above, provides for Tribal inclusion and reserves 50 percent of Capacity Limitation in each facility category for qualifying governments and entities. i. With regard to Ownership Criteria, this section also defines an eligible Tribal Enterprise as follows: “Tribal Enterprise” for purposes of the Ownership Criteria is an entity that (1) an Indian Tribal government (as defined in section 30D(g)(9)) owns at least a 51 percent interest in, either directly or indirectly (through a wholly owned corporation created under its Tribal laws or through a section 3 or section 17 Corporation), and (2) the Indian Tribal government has the power to appoint and remove a majority (more than 50 percent) of the individuals serving on the entity’s board of directors or equivalent governing board. What questions and/or comments do Tribal governments have with regard to the Additional Selection Criteria, including the definition of Tribal Enterprise? ii. The Additional Section Criteria also includes Geographic Criteria as described above. Should this criteria apply on Indian lands under Category 2? The Indian Gaming Association will be drafting resources to be available for any leaders of our Member Tribes that plan to participate in this virtual consultation. Please contact Danielle Her Many Horses at dhermanyhorses@indiangaming.org with any questions or concerns regarding this alert.
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