Dear USET/USET SPF Family,
Treasury has announced an upcoming public meeting of the Treasury Tribal Advisory Committee (TTAC), as well as several Tribal consultation sessions throughout February, and March 2023. Additionally, Treasury has issued a General Applicability Waiver for the Build America Buy America Act (P.L 117-58) requirements for the Local Assistance and Tribal Consistency Fund (LATCF). USET SPF submitted comments
to the White House Council on Native American Affairs (WHCNAA) in October 2022, and we strongly recommended all federal agencies issue exemptions to BABA requirements for all Tribal Nations.
Details regarding the upcoming TTAC public meeting and Tribal consultation sessions are as follows—
Treasury Tribal Advisory Committee Meeting
The upcoming TTAC public meeting will be held in-person at the Treasury building in Washington, DC on Tuesday, March 14, 2023 from 1:00pm to 4:00pm ET. Virtual attendance is also offered and can be selected at the time of registration. Registration must be received by 5:00pm ET on Friday, March 10. To register for this meeting, please click here. Registrants attending in-person will have to provide proof of a nurse administered PCR test 24 hours prior to the meeting, an antigen test the day of the meeting, or receive a free test on-site at the Treasury building 30 minutes prior to the start of the meeting.
Comments on the business of the TTAC must be received by Monday, February 27, 2023 and can be submitted to TTAC@treasury.gov. The agenda for the TTAC meeting will be posted online and can be viewed by clicking here. Questions regarding the upcoming TTAC meeting can be sent to TTAC@treasury.gov.
Upcoming Tribal Consultations
Treasury Consultation on the General Applicability Adjustment Period Waiver of BABA Provisions for LATCF
Treasury has issued a Dear Tribal Leader Letter announcing a Tribal consultation on the General Applicability Adjustment Period Waiver of Build America, Buy America Act (BABA) provisions for Tribal government recipients of the Local Assistance and Tribal Consistency Fund (LATCF). The American Rescue Plan Act (ARPA) appropriated $2 billion for the LATCF across fiscal years 2022 and 2023 to provide payments to eligible Tribal governments and revenue sharing counties for use on any governmental purpose, except for lobbying activities. Under ARPA, eligible Tribal governments received a set-aside allocation of $250 million across fiscal years 2022 and 2023. Treasury has adopted a general applicability waiver for BABA requirements to cover all iron, steel, manufactured products, and construction materials used in BABA funded infrastructure projects.
Details regarding this upcoming Tribal consultation are as follows—
USET SPF submitted comments to Treasury on February 28, 2022 urging Treasury to avoid overly prescriptive restrictions or requirements for use of LATCF monies. USET SPF also recommended that Treasury streamline reporting requirements and provide maximum deference to Tribal Nations to ensure that LATCF funds can be used broadly to respond to our individual circumstance.
To view Framing Questions for this consultation, please refer to the Dear Tribal Leader Letter. The deadline to submit written comments is Friday, March 31, 2023 by 11:59pm ET and can be sent to tribal.consult@treasury.gov. Questions regarding this consultation and the general applicability waiver can also be sent to tribal.consult@treasury.gov.
Treasury Consultation on Tribal Advisory Committee Dual Taxation Report
Treasury has issued a Dear Tribal Leader Letter announcing a Tribal consultation on the TTAC’s Dual Taxation Report. Details regarding this upcoming consultation are as follows—
USET SPF submitted comments to Treasury on June 28, 2021 applauding the TTAC Dual Taxation Subcommittee for the Report. We also recommended that Treasury create a Deputy Assistant Secretary position and a Tribal Affairs Advisor within the Office of the Secretary. USET SPF also urged Treasury to commit to supporting and leading legislative and regulatory efforts to confirm the exclusive taxing authority of Tribal Nations.
To view a list of Framing Questions, please refer to the Dear Tribal Leader Letter. The deadline to submit written comments is Friday, March 31, 2023 by 11:59pm AKDT (Saturday, April 1, 2023 by 4:59am EDT) and can be sent to tribal.consult@treasury.gov. Questions should also be directed to tribal.consult@treasury.gov.
Treasury Consultation on Tribal Consultation Policy
Treasury has issued a Dear Tribal Leader Letter announcing a Tribal consultation on its Tribal Consultation Policy. Details regarding this upcoming consultation are as follows—
USET SPF submitted joint comments to the Departments of Treasury, Veterans Affairs, Social Security Administration, and the U.S. Small Business Administration on April 15, 2021. Our comments outlined specific USET SPF Tribal consultation principles following President Biden’s reaffirmation of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.”
To view Framing Questions for this consultation, please refer to the Dear Tribal Leader Letter. The deadline to submit written comments is Friday, March 31, 2023 by 11:59pm AKDT (Saturday, April 1, 2023 by 4:59am EDT) and can be sent to tribal.consult@treasury.gov. Questions should also be directed to tribal.consult@treasury.gov.
For more information, please contact Brian Howard, USET SPF Senior Policy Analyst, at bhoward@usetinc.org.
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