Local Assistance and Tribal Consistency Fund

Allocations to Eligible Tribal Governments

July 2022

Section 605 of the Social Security Act (the Act), added by Section 9901 of the American Rescue 

Plan (the ARPA), established the Local Assistance and Tribal Consistency Fund (LATCF), 

which provides $2 billion across fiscal years 2022 and 2023 for use on any governmental 

purpose except for a lobbying activity to eligible revenue sharing counties and eligible Tribal 

governments. This document describes Treasury’s methodology for allocating funds to eligible 

Tribal governments and summarizes Treasury’s consideration of available data relating to 

economic conditions and the comments received during the Tribal consultations.

The Act appropriates $500 million to eligible Tribal governments, reserving $250 million for 

each of fiscal years 2022 and 2023, and directs the Secretary of the Treasury to allocate the funds 

taking into account economic conditions of each eligible Tribe. 

Consultation process 

In accordance with Treasury’s Tribal consultation policy, Treasury hosted three Tribal 

consultations on the LATCF on February 8, 9, and 10, 2022, to gather input from Tribal leaders 

on allocation methodologies and the use of funds. Nearly 500 attendees from all regions of the 

country joined the consultations during which 55 Tribal leaders provided comments. Treasury 

also received 26 written comments. As described in Treasury’s LATCF consultation summary, 

Tribal commenters had a diversity of opinions on a prospective allocation methodology. 

Treasury appreciates the participation of all who helped to inform this process. 

Allocation determination 

The Act provides that, of the $2 billion available under the LATCF, “[f]or each of fiscal years 

2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under 

subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined 

by the Secretary taking into account economic conditions of each eligible Tribe.”1 Treasury was 

guided by several key principles in determining how to allocate these funds given the limitations 

on available, consistent economic data across Tribes:

• The methodology must take into account economic conditions of each eligible Tribe.

• The methodology should be informed by the Tribal consultations and should reflect 

Tribal sovereignty. 

• The methodology should be based on data that allows Treasury to calculate Tribal 

allocations in a timely manner.

1 42 U.S.C. 805(b)(2).
2

• The methodology should be fair and equitable.

Consistent with these key principles, Treasury has determined that it is reasonable and 

appropriate to allocate payments using a formula that is based on self-certified enrollment and 

employment per capita data. 

• The majority of commenters recommended using enrollment as the predominant factor

because the size of Tribal citizenship is a critical factor in assessing the economic needs 

and conditions of their respective communities. Additionally, many Tribal leaders 

expressed that employment per capita is a key determinant in assessing their 

community’s economic conditions because Tribal households rely on the Tribal 

government as the main source of employment. Per Tribal commenters, limited Tribal 

employment opportunities have a negative downstream effect on the economic conditions 

of Tribal households. 

• As discussed below, self-certified Tribal enrollment and employment data are generally 

available. 

• Tribal enrollment and employment per capita are expected to correlate generally with a 

Tribe’s need for funding. Enrollment is expected to correlate generally with the amount 

of resources Tribes need. As Tribal governments suggested during consultations, Tribal 

enrollment provides a useful measure for this purpose because it reflects the scope of 

Tribal government services and assistance provided both within Tribal lands and to 

enrolled members living elsewhere.

• There is a strong relationship between employment per capita and economic conditions of 

the Tribe. Treasury expects that, in general, Tribes with higher employment per capita are 

generally more economically developed than those with lower employment per capita.

Tribal employment contributes directly to Tribal household income, since the majority of 

Tribal members are employees of the Tribe. Tribal enterprise employment is generally 

indicative of the size and profitability of the Tribal enterprises and therefore of the extent 

of a Tribe’s revenues.

• Tribal government employment is also indicative of Tribal economic conditions, as 

Tribes with greater resources have greater ability to hire more government employees to 

provide services (and employment) to their members. Having a greater number of Tribal 

government employees also allows Tribes to better compete for federal funding offered 

on a competitive basis as well as to avail themselves of other federal funding for which 

Tribes must expend additional administrative resources to apply and qualify.

Treasury considered several possible alternatives to the use of enrollment and employment data 

discussed above but found very serious shortcomings with each of the alternatives. Treasury 

considered alternative metrics for the formula, including available 2015-2019 American 

Community Survey (ACS) data from the United States Census Bureau on poverty rates, land 
3

size, COVID-19 infection rates and deaths, Indian Health Service (IHS) data on Tribal 

households lacking access to clean water, Tribal expenditures, and other economic indicators. 

These data sets were either unavailable for all Tribes, contained incomplete data, and/or

contained distortions due to sample size. 

ACS provides a range of social and economic data sets, including unemployment and poverty 

levels in a respective surveyed area and includes individuals identifying as American 

Indian/Alaska Native (AI/AN) in a surveyed area. This data set was not utilized because ACS 

economic data is not available for all Tribes. Additionally, because the individuals being 

surveyed are those identifying as AI/AN in an area, ACS data does not provide data on the 

economic conditions of a Tribe’s citizens, many of which may live off of Tribal lands and/or 

outside of Tribal statistical areas. 

Land size, COVID-19 incidence rates, and Indian Housing Block Grant data were considered but

presented significant challenges for the same reasons summarized in Treasury’s explanation of 

its methodology for the SLFRF allocation.2 Treasury also considered use of data from IHS

regarding household access to clean water. But this data is not available for every Tribe, only 

relates to populations living on Tribal lands, and does not reflect the significant needs of Tribes 

for funding for projects other than water infrastructure. 

Treasury considered information related to Tribes’ participation in existing social service 

programs, particularly Supplemental Nutrition Assistance Program, Temporary Assistance for 

Needy Families, and the Low Income Home Energy Assistance Program, but not all Tribes 

operate such programs. Additionally, this information would not reflect the status of Tribal 

members living off of Tribal lands, who participate in these programs through the states in which 

they reside. Additionally, many small Tribes in both the lower 48 and in Alaska administer their 

social services through Tribal consortia that broadly serve all AI/AN in a region, and service 

delivery is not disaggregated by Tribal affiliation. Likewise, data regarding education levels, 

unemployment rates, and homelessness is incomplete or completely unavailable for many Tribes 

as many Tribes do not collect this data and those that do collect this data do not do so on a 

consistent basis.

Treasury also reviewed expenditure data. However, Treasury determined that this data is unlikely 

to accurately reflect the economic conditions of Tribes because of the variability among Tribes. 

For example, similarly sized Tribes may expend different amounts per citizen based on their selfassessed community needs rather than due to specific economic conditions. 

Treasury also considered soliciting from Tribes self-certified data regarding poverty rates or 

other information concerning their economic conditions. For such data to provide meaningful 

information about each Tribe’s economic conditions, the data would need to be prepared in a 

consistent manner. Based on Treasury staff analysis of its work with Tribes’ administration of 

other Treasury pandemic relief programs, 94% of Tribal governments have had self-reported 

impairment of government operations due to the impacts of infections and deaths of Tribal 

2 Available at https://home.treasury.gov/system/files/136/Tribal-Government-Allocation-Methodology.pdf.
4

government staff; these Tribes in particular can be expected to face significant challenges 

collecting or compiling economic data. 

Treasury considered additional data referenced in the Tribal consultations but determined that 

this data was either unavailable for all Tribes, incomplete, and/or did not provide a measurement 

of a Tribe’s economic condition. While Treasury acknowledges that no formula perfectly 

captures the particular conditions of Tribes, Treasury concluded that a formula based on 

enrollment and employment would effectively take economic conditions into account and satisfy 

the other guiding principles outlined above.

Taking into account the available economic data and comments received during Tribal 

consultations discussed in the consultation summary, Treasury has determined that 90 percent of 

the available funds ($225 million per fiscal year 2022 and 2023) will be based on pro rata shares 

of enrollment (“Enrollment Allocation”) and 10 percent of available funds ($25 million per fiscal 

year 2022 and 2023) will be based on banded employment per capita (“Enrollment-toEmployment Allocation”), as described below.3 Treasury will establish a per-Tribe minimum 

allocation4 of $50,000 per fiscal year for Tribes with enrollment of at least 30 and $25,000 per 

fiscal year for Tribes with enrollment below 30, and a maximum allocation5 of $3 million per 

fiscal year. This methodology, using the data sources discussed below, will be used to determine 

allocations for both fiscal years 2022 and 2023.

In order to receive a payment, Tribal governments will be required to certify that it is their

assessment that the economic conditions of the Tribal government are such that the Tribal 

government has a need for an award from Treasury in the amount of the initial fiscal year 2022 

and 2023 allocations to provide services to members of the Tribe and others in its service 

community. 

Tribal enrollment data

For Tribal enrollment data, Treasury will use the enrollment figures provided by Tribes in 2021 

to the Bureau of Indian Affairs (BIA), which were also used by Treasury for purposes of the 

Coronavirus State and Local Fiscal Recovery Funds (SLFRF) allocation. For the subset of Tribal 

governments that did not provide self-certified enrollment data to BIA, Treasury will use 

enrollment data submitted to Treasury for purposes of the Coronavirus Relief Fund (CRF) 

allocation. For those Tribal governments that did not submit enrollment data to BIA or to 

Treasury, Treasury will use enrollment data maintained by the Department of Housing and 

Urban Development (HUD) for purposes of the Indian Housing Block Grant (IHBG) program.

3 To calculate the allocations, Treasury banded Tribes into groups using the enrollment-to-employment ratio, which 

is the inverse of employment per capita. That is, Tribes with low enrollment-to-employment ratios (and thus high

employment per capita) were sorted into the low groups and Tribes with high enrollment-to-employment ratios (and 

thus low employment per capita) were sorted into the high groups.

4 For the enrollment portion, there will be a minimum allocation of $45,000 per Tribe with enrollment of at least 30 

and $22,500 per Tribe with enrollment below 30. For the employment per capita portion, there will be a minimum 

allocation of $5,000 per Tribe with enrollment of at least 30 and $2,500 per Tribe with enrollment below 30.

5 For the enrollment portion, there will be a maximum allocation per Tribe of $2.7 million per fiscal year, and for the 

employment per capita portion, there will be a maximum allocation per Tribe of $300,000 per year.
5

Tribal employment data

For Tribal employment data, Treasury will use the employment figures provided by Tribes to 

Treasury in connection with the SLFRF employment allocation.

6

Allocation formula 

The allocation is based on two parts: 90% of funds are allocated based on enrollment and 10% of 

funds are allocated based on employment per capita. The enrollment funds are subject to a 

maximum and minima and the employment per capita funds are subject to a separate maximum 

and minima. This methodology and data sources will be used to determine allocations for both 

fiscal years 2022 and 2023. Specifically, Treasury will use the following methodology to allocate 

funds:

• Treasury will allocate 90% of the funds ($225,000,000) based on pro rata shares of 

enrollment, subject to a maximum of $2,700,000, a minimum of $45,000 for Tribes with 

enrollment of at least 30, and a minimum of $22,500 for Tribes with enrollment below 

30. 

• Treasury will allocate 10% of the funds ($25,000,000) based on employment per capita, 

subject to a maximum of $300,000, a minimum of $5,000 for Tribes with enrollment of at 

least 30, and a minimum of $2,500 for Tribes with enrollment below 30. In particular, 

Treasury will sort Tribes into five groups based on their enrollment-to-employment 

ratios, such that group 1 has the lowest enrollment-to-employment ratios, group 2 has the 

second lowest ratios, group 3 has the third lowest ratios, group 4 has the second highest 

ratios, and group 5 has the highest ratios. Tribes in the same group will receive the same 

per capita allocation for this component of the funds, and the ratio of per capita 

allocations between groups will be determined by the group numbers. The relationship is 

set such that Tribes in group 2 will receive twice the per capita allocation of Tribes in 

group 1, Tribes in group 3 will receive three times the per capita allocation of Tribes in 

group 1, Tribes in group 4 will receive four times the per capita allocation of Tribes in 

group 1, and Tribes in group 5 will receive five times the per capita allocation of Tribes 

in group 1.

Payment schedule 

6 See Coronavirus State and Local Fiscal Recovery Funds Allocations to Tribal Governments (Jul. 19, 2021), 

available at https://home.treasury.gov/system/files/136/Tribal-Government-Allocation-Methodology.pdf. More 

specifically, Treasury will sum reported Tribal government employment and Tribal entity employment for each 

quarter of 2019. Treasury will then calculate the non-zero annual average of the summed quarters one through four 

and use this non-zero annual average in the calculations. A small number of Tribes submitted an employment 

number of 0 for the SLFRF because they were unable to substantiate a particular level of employment. These Tribes 

received the $1 million minimum, which was provided to Tribes that had employment of 67.75 and under. For 

consistency and in recognition of the amounts these Tribes already received from the SLFRF employment 

allocation, these Tribes will be assigned an employment number of 67.75 for the LATCF. Tribes that did not apply 

for SLFRF and thus did not submit enrollment and employment data will receive the minimum allocation.
6

Treasury expects to make two payments to eligible Tribal governments. The first payment will 

be available immediately and will be made to Tribes on a rolling basis. Treasury expects to make 

the second payment after the start of fiscal year 2023. 

To receive payments, Tribal governments must submit their information online through the 

Treasury Submission Portal, which is available at treasury.gov/LATCF. Tribal governments will 

be required to complete payment information, sign an award agreement, and certify as to the 

Tribe’s economic conditions. The award agreement will cover both tranches of payments, and 

Tribes need only submit the certification regarding economic conditions once.7 After a Tribal 

government’s submission is received, Treasury expects that it will take approximately 4-5 

business days for Treasury to review and process the payment. Once the information and 

documentation submitted is determined to be complete and accurate, the point of contact that a 

Tribal government designates in its online submission will receive information regarding the 

timing and amount of the first payment. 

As previously noted, the deadline to complete the submission is October 31, 2022, at 11:59 

PM AKDT. If a Tribal government does not complete its submission by that deadline, the 

Tribal government will not be eligible for either the first or second payment under the 

LATCF.

Treasury may reallocate funds unclaimed by Tribal governments by the deadline. The reallocated 

funds will be included in the second payment to Tribes that submitted the requisite information 

by the deadline.

In fiscal year 2023, Treasury expects to communicate to Tribal governments the amount of such 

reallocation, if any, and the date for the second payment. 

7 Treasury will provide additional instructions, if any, on how to access the second payment in fiscal year 2023.