To:
National Indian Gaming Association Member Tribes
From:
Ernest L. Stevens, Jr., Chairman Jason Giles, Executive Director Danielle Her Many Horses, Deputy Director/General Counsel
Re:
Congress Passes COVID-3 CARES Act, Signed by President Shortly After
Date:
March 27, 2020
Today, the House of Representatives passed the third COVID-19 relief package (the CARES Act) by voice vote, which was signed by the President shortly after its passage. The $2 trillion relief package provides an infusion of funding to address the immediate public health emergency facing all communities nationwide. It also provides significant funding to alleviate the growing economic impacts resulting from the coronavirus pandemic on individuals and families, businesses, as well as tribal, state, and local governments. Attached below is a more detailed summary of the provisions that target the immediate health needs of Native communities, and the growing economic concerns facing all tribal governments. One centerpiece of the package for Indian Country is the Coronavirus Relief Fund (CRF). The CARES Act establishes a $150 billion CRF for tribal, state, local and territorial governments to help address the added stress on government budgets. The tribal portion of the fund is $8 billion (5.33%). The set-aside for Tribal governments is historic recognition of the governmental status of Indian tribes. However, the program as written will provide both opportunities and challenges for tribes to fully utilize the fund to address tribal government-owned operation closures. CRF “Payment amounts” to Tribal Governments shall be based on “increased expenditures” of tribes and tribal government-owned entities (relative to 2019 tribal budgets). The Treasury Secretary, in consultation with Interior, and Indian tribes, will have 30 days (approximately April 27, 2020) to develop the funding model. While Treasury has wide discretion, it must develop a model “appropriate to ensure that all amounts available [$8 billion] are distributed to tribal governments” in FY20 (by Sept. 30, 2020). The “use of funds” provision states that CRF payments to tribal, state and local government can cover only those costs that: (1) are necessary expenditures due to COVID-19; (2) were not accounted for in the most recently approved tribal government budget; and (3) were incurred between March 1 - December 30, 2020. As a result, we urge all of our Member Tribes to call for immediate consultations with Treasury and Interior to take steps to develop a model that is flexible, fair, and will help address the
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