DEPARTMENT OF THE TREASURY

WASHINGTON, D.C. 20220

April 17, 2023

Via Email

Dear Tribal Leader:

As the Department of the Treasury’s Point of Contact for Tribal Consultation, I invite you to 

attend a Tribal consultation on proposed State and Local Fiscal Recovery Funds (SFLRF) and 

Capital Projects Fund (CPF) Supplementary Broadband Guidance for Tribal governments. The 

consultation will be held Wednesday, May 17, 2023, from 3:00 – 5:00 p.m. Eastern Time.

You may register here for the consultation.

The American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local 

Fiscal Recovery Funds (SLFRF) and reserved $20 billion of the total appropriation for eligible 

Tribal governments. The SLFRF provides Tribal governments with a substantial infusion of 

resources to meet pandemic response needs and rebuild a stronger and more equitable economy 

as the country recovers. Recipients may use SLFRF funds to replace lost public sector revenue

for the provision of government services, respond to the public health and negative economic 

impacts of the pandemic, provide premium pay for essential workers, and invest in water, sewer, 

and broadband infrastructure. 

In 2021, Treasury hosted numerous Tribal consultations on the SLFRF on the national and 

regional level to receive feedback from Tribal governments on the allocation methodology, 

eligible uses for the program, and reporting and compliance issues. The input and 

recommendations were considered when developing the Final Rule. 

ARPA also established the Coronavirus Capital Projects Fund (CPF) and provides $100 million 

for Tribal governments to carry out critical capital projects directly enabling work, education, 

and health monitoring, including remote options, in response to the public health emergency with 

respect to COVID-19. CPF addresses many challenges laid bare by the pandemic, especially in 

Tribal communities, helping to ensure that all communities have access to the high-quality 

modern infrastructure, including broadband, needed to access critical services. In accordance 

with the statute, each eligible Tribal government received an allocation of $167,504. Tribal 

governments must have submitted a CPF application by October 14, 2022, to participate in the 

program. 

Treasury held a Tribal consultation on April 13, 2021 to receive input from Tribal governments

on CPF program guidelines, allocation methodology, and eligible uses. Most recently, Treasury 

held a Tribal consultation on January 17, 2023, to receive input from Tribal governments on 

reporting requirements.

As provided for in each SLFRF and CPF award agreement, the Uniform Guidance (also known 

generally as 2 CFR 200) applies to all uses of funds made available under those awards unless 

provided otherwise by Treasury. In response to questions from recipients and internet service 

providers, Treasury is proposing to issue this supplementary guidance regarding the application 
of Uniform Guidance rules to broadband infrastructure projects carried out under the SLFRF or 

CPF. This proposed guidance does not apply to non-broadband infrastructure projects (including 

both digital connectivity technology (e.g., tablets, laptops) and multi-purpose community 

centers). Therefore, this consultation only impacts Tribes approved to or planning to use 

Treasury funds for broadband infrastructure.

Treasury has separately requested comments from the state and local government recipients of 

the CPF and SLFRF and others regarding proposed supplementary guidance on broadband 

projects that would apply to non-Tribal recipients. Treasury recognizes that Tribes face different 

circumstances from other recipients and for this reason the final guidance adopted for Tribes may 

differ from the guidance that is adopted for non-Tribal recipients. Treasury is holding this Tribal 

consultation to ensure it has the perspective of Tribal leaders before promulgating the Tribal 

guidance. 

Specifically, we hope to receive your input on the following questions: 

1. Treasury is proposing not to treat income generated by broadband infrastructure as 

program income. Specifically, if an internet service provider (ISP) is characterized as a 

subrecipient, income generated by the ISP from a subaward will not be considered 

program income, and the ISP may use such income without restriction. If an ISP is 

characterized as a contractor, a Tribe may agree to permit the ISP to retain and use

income generated from broadband infrastructure the ISP installs without restriction 

provided that [such an agreement][the contract] is consistent with the Uniform Guidance 

provisions on procurement. What comments, questions, or concerns does your Tribe 

have to further clarify this proposed policy? 

2. Treasury is also proposing that ISPs that receive fixed amount subawards do not have to 

comply with procurement practices and cost principles contained in the Uniform 

Guidance. What comments, questions, or concerns does your Tribe have to further clarify 

this proposed policy?

3. Treasury is proposing to clarify that recipients may provide that title to real property or 

equipment acquired or improved under a Treasury award will vest in the ISP subject to 

certain conditions as described in the supplementary guidance. What comments, 

questions, or concerns does your Tribe have to further clarify this proposed policy?

4. What comments, questions, or concerns does your Tribe have about the overall proposed 

policy, and what else should Treasury include in the proposal to incorporate the Tribal 

perspective?

We respectfully request that each Tribal government register one primary leader or designee to 

provide comments. All others are welcome to register as listen-only participants. Please note that 

each consultation can host 500 participants. The deadline to submit written comments is Friday, 

June 16, 2023 at 11:59 p.m. Alaska Time. Written comments should be sent to 

tribal.consult@treasury.gov. 

Consultations are off the record and not for press purposes. 
Register here for the Wednesday, May 17, 2023, 3:00 p.m. ET session.

If you have any questions, please email tribal.consult@treasury.gov. We look forward to hearing 

your feedback during this consultation to ensure Tribal governments and communities are 

integrated into the work of our department. 

Sincerely,

Chief Lynn Malerba

Treasurer of the United States

Treasury Point of Contact for Tribal Consultation 

U.S. Department of the Treasury