Tribal Nations Receive Governmental Resources in CARES Act

Akin Gump Strauss Hauer & Feld LLP

Tribal nations are governments. As such, they are responsible for the same type of governmental functions as state and local governments such as health, education, social services, infrastructure, elderly care, public safety, law enforcement and tribal courts, management of natural resources and economic development.

The 574 tribal nations in the United States focused their advocacy during phase III of the COVID-19 relief legislation on those provisions that would shore up tribal governmental operations during the crisis and ensure the health, safety and well-being of tribal communities.

The Senate-passed CARES Act contains key tribal-specific provisions in the areas of health care, food distribution, housing and tribal government stabilization, along with access to other federal programs.

The CARES Act contains a number of key health provisions that will help tribal governments to address coronavirus in their communities. Specifically, the CARES Act contains $1 billion in funding for the Indian Health Service, the only federally run health care system in the U.S. outside of the Veteran’s Administration. This funding will be used for coronavirus-related medical services, equipment, supplies, telehealth and treatment.

Tribes also received $125 million from the Centers for Disease Control for personal protective equipment, testing and other efforts to identify, mitigate and control the spread of the virus. This health funding is critical as tribal health facilities are central to making sure protocols are in place to protect tribal communities from becoming hotspots for the virus.

There is also funding at the Department of the Interior that will ensure tribal governmental programs can continue such as public safety, emergency and social services. The Food Distribution Program on Indian Reservations received a $100 million increase that will be used to purchase food and equipment to address increased demand due to temporary closure of schools, elder programs and tribal businesses to avoid unintentional spread of the virus.

The CARES Act establishes a $150 billion Coronavirus Relief Fund, of which $8 billion is set aside for tribal governments as key governmental partners in combatting the coronavirus along with states and local governments. The Coronavirus Relief Fund will assist tribal nations in dealing with the public health emergency and recouping expenses incurred during the crisis.

Following enactment of the CARES Act, tribes will focus on implementation and getting funds out into tribal communities where it is most needed during this time.

For additional information on the contents of the CARES Act for Indian Country, please click here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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