Under the American Rescue Plan Act (ARPA), the U.S. Department of the Treasury distributed $20 billion in Fiscal Recovery Funds (FRF) to Indian tribal governments as a part of COVID-19 recovery efforts. On November 15, 2021, Treasury updated its FRF FAQs and the accompanying Compliance and Reporting Guidance document (Version 2.1).
FAQ 9.2 updates tribal project and expenditure reporting requirements. Tribal governments that received more than $30 million in FRFs are required to submit quarterly reports, with the initial report being due on January 31, 2022. This report will cover the period of March 3, 2021 to December 31, 2021. Subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 days after the end of each quarter.
Tribal governments that received FRFs of less than $30 million are only required to file an annual report. This report will be due April 30, 2022 and will cover the period of March 3, 2021 to March 31, 2022. Subsequent annual reports are to be submitted to Treasury by April 30 for each following year. This information is also reflected in the Compliance and Reporting Guidance document.
FAQ 12.1 is new and clarifies that Treasury is not imposing anti-discrimination requirements on Tribal governments beyond what would otherwise apply under federal law. This information is also reflected in the Compliance and Reporting Guidance document.
Patterson Earnhart Real Bird & Wilson LLP actively monitors Treasury guidance updates and is ready to assist you and your tribe with Fiscal Recovery Fund questions. To learn more about this issue and how we can assist, contact attorney Jeremy Patterson in our Colorado office at 303-926-5292.