Local Assistance and Tribal Consistency Fund

(a)

In general

Section 605 of the Social Security Act (42 U.S.C. 805) is amended—(1)in subsection (a), by striking with amounts to be obligated and all that follows through the period and inserting for making payments under this section to eligible revenue sharing recipients, eligible Tribal governments, and territories, with amounts to be allocated and paid in accordance with subsection (b) not later than December 31, 2022.; and(2)by striking subsections (b) through (f) and inserting the following:

(b)

Authority To make payments

(1)

Allocations and payments to eligible revenue sharing recipients

(A)

Revenue sharing counties

(i)

Allocations

The Secretary shall reserve $1,485,000,000 of the total amount appropriated under subsection (a) to allocate to each revenue sharing county an amount determined by the Secretary, taking into account—(I)the amount of entitlement land and Federal land in each revenue sharing county; and (II)the economic conditions of each revenue sharing county, using such measurements of poverty, household income, and unemployment over the most recent 20-year period as of September 30, 2021, to the extent data are available, as well as other economic indicators as the Secretary determines appropriate.(ii)

Payments

Subject to subparagraph (B)(ii), the Secretary shall pay each revenue sharing county that is an eligible revenue sharing county the amount determined for the county under clause (i).(B)

Special rules

(i)

Revenue sharing counties with limited government functions

In the case of an amount allocated to a revenue sharing county under subparagraph (A) that is a county with limited government functions, the Secretary shall, from such amount, allocate and pay to each eligible revenue sharing local government within such county an amount determined by the Secretary, taking into account the amount of entitlement land and Federal land in the eligible revenue sharing local government and the population of the eligible revenue sharing local government relative to the total population of such county with limited government functions.(ii)

Eligible revenue sharing county in Alaska

In the case of the eligible revenue sharing county described in subsection (f)(3)(C), the Secretary shall pay the amount allocated to such eligible revenue sharing county under subparagraph (A) to the State of Alaska and the State of Alaska shall distribute from such payment, payments to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the eligible revenue sharing county described in subsection (f)(3)(C).(C)

Pro rata adjustment authority

The amounts otherwise determined for allocation and payment under subparagraphs (A) and (B) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated and paid to eligible revenue sharing recipients in accordance with the requirements specified in each such subparagraph.(2)

Allocations and payments to eligible Tribal governments

The Secretary shall reserve $500,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe.(3)

Allocations and payments to territories

The Secretary shall reserve $15,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each territory an amount which bears the same proportion to the amount reserved under this paragraph as the population of the territory bears to the total population of all the territories.(c)

Use of payments

An eligible revenue sharing recipient, an eligible Tribal government, or a territory may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity.(d)

Reporting requirement

Each eligible revenue sharing recipient and each territory that receives a payment under this section shall submit to the Secretary periodic reports providing a detailed accounting of the use of funds by the eligible revenue sharing recipient or territory, as applicable, and such other information as the Secretary may require for the administration of this section.(e)

Recoupment

Any eligible revenue sharing recipient or any territory that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to—(1)in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and(2)in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing recipient or the territory under this section.(f)

Definitions

In this section:(1)

County

The term county means a county, parish, borough, or other equivalent county division (as defined by the Bureau of the Census) in 1 of the 50 States.(2)

County with limited government functions

The term county with limited government functions means a county in which entitlement land or Federal land is located that is not an eligible revenue sharing county.(3)

Eligible revenue sharing county

The term eligible revenue sharing county means—(A)a unit of general local government (as defined in section 6901(2) of title 31, United States Code) that is— (i)a county in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; or(ii)a county that contains Federal land; (B)the District of Columbia; and(C)the combined area in Alaska that is within the boundaries of a census area used by the Secretary of Commerce in the decennial census, but that is not included within the boundary of a unit of general local government described in subparagraph (A).(4)

Eligible revenue sharing local government

The term eligible revenue sharing local government means a unit of general local government (as defined in section 6901(2) of title 31, United States Code) that is not a county or territory and—(A)in which entitlement land is located and which is eligible for a payment under section 6902(a) of title 31, United States Code; or(B)in which Federal land is located.(5)

Eligible revenue sharing recipients

The term eligible revenue sharing recipients means, collectively, eligible revenue sharing counties and eligible revenue sharing local governments.(6)

Eligible tribal government

The term eligible Tribal government means the recognized governing body of an eligible Tribe.(7)

Eligible tribe

The term eligible Tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published on January 28, 2022, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994.(8)

Entitlement land

The term entitlement land has the meaning given such term in section 6901(1) of title 31, United States Code.(9)

Federal land

The term Federal land has the meaning given such term in section 3(7) of the Secure Rural Schools and Community Self-Determination Act of 2000.(10)

Revenue sharing county

The term revenue sharing county means—(A)an eligible revenue sharing county; or(B)a county with limited government functions.(11)

Secretary

The term Secretary means the Secretary of the Treasury.(12)

Territory

The term territory means—(A)the Commonwealth of Puerto Rico;(B)the United States Virgin Islands;(C)Guam;(D)the Commonwealth of the Northern Mariana Islands; or(E)American Samoa.

(b)

Department of the Treasury administrative expenses

(1)

In general

Notwithstanding any other provision of law, the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this subsection as the Secretary) for administrative expenses pursuant to the provisions specified in paragraph (2) shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for any administrative expenses of the Department of the Treasury determined by the Secretary to be necessary to respond to the coronavirus emergency, including any expenses necessary to implement any provision of—(A)the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136);(B)division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260);(C)the American Rescue Plan Act (Public Law 117–2); or(D)title VI of the Social Security Act (42 U.S.C. 801 et seq.).(2)

Provisions specified

The provisions specified in this paragraph are the following: (A)Sections 4003(f) and 4112(b) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136). (B)Section 421(f)(2) of division N of the Consolidated Appropriations Act, 2021 (Public Law 116–260). (C)Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) of the American Rescue Plan Act of 2021 (Public Law 117–2). (D)Section 602(a)(2) of the Social Security Act (42 U.S.C. 802(a)(2)).