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Dear Tribal Leader Letter on Nov. 18 Consultation

Summary

A letter dated October 15, 2021 from Nancy Montoya, Treasury's Point of Contact for Tribal Consultation, inviting Tribal leaders to a consultation on the proposed methodology for reallocating Emergency Rental Assistance Program funds for Tribal governments and Tribally Designated Housing Entities (TDHEs). The consultation is set for November 18, 2021 from 3:00 p.m. to 5:00 p.m. Eastern Time. The letter states that the program makes available $25 billion and that the statute directs Treasury to begin reallocating excess ERA1 funds on September 30, 2021. It poses six questions, including what factors should be considered in judging a Tribe's ability to expend funds. Written comments are due November 30, 2021.

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Full text

                         DEPARTMENT OF THE TREASURY
                                WASHINGTON, D.C. 20220




   October 15, 2021

   via Email

   Dear Tribal Leader:

   As Treasury’s Point of Contact for Tribal Consultation, I would like to invite you to
   participate in a Tribal Consultation on Proposed Methodology for Reallocating
   Emergency Rental Assistance Program funds for Tribal governments and Tribally
   Designated Housing Entities (TDHEs). Consultation will be held Thursday, November
   18, 2021 from 3:00 p.m. to 5:00 p.m. Eastern Time.

   The Emergency Rental Assistance program makes available $25 billion to assist
   households that are unable to pay rent and utilities due to the COVID-19 pandemic. The
   funds are provided directly to States, U.S. Territories, local governments, and Indian
   tribes. Grantees use the funds to provide assistance to eligible households through
   existing or newly created rental assistance programs. More information on the program
   can be found here.
   Congress anticipated that there would be a need to reallocate ERA1 funds in the fall of
   2021 in order to address evolving needs for rental assistance over the course of the
   ERA program and to reflect the greater capacity of some recipients to deploy funding.
   The statute directs the Treasury Department to begin reallocating "excess" ERA1 funds
   on September 30, 2021 and empowers Treasury to develop reallocation procedures
   governing this process.
   The Department of the Treasury is seeking your input on the methodology for
   reallocating Emergency Rental Assistance Program Funds to Tribal governments.
   Specifically, our questions are:

1. What factors should be considered when determining a Tribe’s ability to expend funds
   that should be considered in reallocating funds?

2. What factors and data should be considered when determining the reallocation of funds
   to high-need, high-performing Tribes and TDHEs?

3. Reallocation for states were based on a minimum expenditure ratio. Are there any
   mitigating factors that are unique to Tribal governments and TDHEs that should be
   considered when reviewing the minimum expenditure ratio?

4. Are their circumstances where an increase in technical assistance to Tribes and TDHEs
   would greatly enhance performance? How would Treasury determine this need?

5. In the state program, states facing a reallocation were able to present a case for
   mitigating circumstances. What are circumstances likely to be presented by Tribes and
   TDHEs in requesting a review of potential reallocation?
6. In the state program, efforts were made to keep funds within the same state
   boundaries. Given the diversity in the geographic and demographic composition of
   American Indians, what would you recommend to Treasury that helps ensure
   reallocations are fair and equitable?

   We respectfully request that each Tribe register one primary leader or designee to
   provide comments. If time permits, we will hear from Tribal stakeholders. All others are
   welcome to register as listen-only participants. Written comments are welcomed and
   should be submitted to EmergencyRentalAssistance.gov. The deadline for comments
   on implementation to be submitted is Tuesday, November 30, 2021 11:59 p.m. AK.

   Register here.

                Consultations are off the record and not for press purposes.

   We will send out an agenda to registered participants before or on Tuesday, November
   16, 2021.

   We hope that you will be able to join us for this important discussion and value your
   participation.

   Sincerely,

   Nancy Montoya
   Point of Contact for Tribal Consultation
   and Treasury Tribal Affairs Program Coordinator
   U.S. Department of the Treasury

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