Local Assistance and Tribal Consistency Fund

Forms and Documents

Document Name	Status
Obligation and Expenditure Report (for eligible revenue sharing counties) Form and Instruction	New
Recipient Payment Information Form (for eligible revenue sharing counties) Form and Instruction	New
Records Retention and Access Requirement (for eligible revenue sharing counties) Form and Instruction	New
Obligation and Expenditure Report (for Eligible Tribal Governments) Form and Instruction	New
Certification Regarding Economic Conditions (for Eligible Tribal Governments) Form and Instruction	Unchanged
Recipient Payment Information Form (for Eligible Tribal Governments) Form and Instruction	Unchanged
Records Retention and Access Requirement (for Eligible Tribal Governments) Form and Instruction	Modified
1505-0276 Emergency Justification Memo - LATCF Counties 2022-09-06.docx Supplementary Document	2022-09-22
Justification Document.docx Justification for No Material/Nonsubstantive Change	2022-06-30
Section605_PRA Emergency Justification Memo 6.30.22.docx Supplementary Document	2022-06-30
1505-0276 Supporting Statement - Section 605 - LATCF Counties 2022-09-22.docx Supporting Statement A	2022-09-22

IC Document Collections

IC ID	Document Title	Status
256101	Obligation and Expenditure Report (for eligible revenue sharing counties) Form and Instruction	New
256099	Recipient Payment Information Form (for eligible revenue sharing counties) Form and Instruction	New
256098	Records Retention and Access Requirement (for eligible revenue sharing counties) Form and Instruction	New
256096	Obligation and Expenditure Report (for Eligible Tribal Governments) Form and Instruction	New
254454	Certification Regarding Economic Conditions (for Eligible Tribal Governments) Form and Instruction	Unchanged
254308	Recipient Payment Information Form (for Eligible Tribal Governments) Form and Instruction	Unchanged
254303	Records Retention and Access Requirement (for Eligible Tribal Governments) Form and Instruction	Modified

ICR Details

OMB Control No: 1505-0276	ICR Reference No: 202209-1505-002
Status: Received in OIRA	Previous ICR Reference No: 202206-1505-011
Agency/Subagency: TREAS/DO	Agency Tracking No:
Title: Local Assistance and Tribal Consistency Fund
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/27/2022
Date Submitted to OIRA: 09/22/2022

	Requested	Previously Approved
Expiration Date	6 Months From Approved	12/31/2022
Responses	8,582	1,743
Time Burden (Hours)	9,249	1,307
Cost Burden (Dollars)	0	0

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Abstract: Section 605 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021, established the Local Assistance and Tribal Consistency Fund (the “LATCF”), which appropriates $2 billion in total funding across fiscal years 2022 and 2023 to Treasury to make payments to eligible revenue sharing counties and eligible Tribal governments (collectively, “eligible governments”). Specifically, for each of fiscal years 2022 and 2023, Treasury shall reserve $250 million of the total amount appropriated to allocate and pay to eligible Tribal governments and $750 million of the total amount appropriated to allocate and pay to eligible revenue sharing counties.

Emergency Justfication: Pursuant to the Office of Management and Budget (OMB) procedures established at 5 C.F.R. § 1320.13, the Department of the Treasury (Treasury) requests emergency processing for the Local Assistance and Tribal Consistency Fund (LATCF) information collection request described below. On March 11, 2021, the President signed the American Rescue Plan Act of 2021 (the Act), Pub. L. No. 117-2. Section 605 of the Social Security Act, as added by section 9901 of the Act, established the LATCF, which appropriates $2 billion in total funding across fiscal years 2022 and 2023 to Treasury to make payments to eligible Tribal governments and eligible revenue sharing counties. Specifically, for each of fiscal years 2022 and 2023, Treasury shall reserve $750 million of the total amount appropriated to allocate and pay to each eligible revenue sharing counties. These governments may use the funds for any governmental purpose except for a lobbying activity. Treasury has engaged stakeholders and agency partners, including the National Association of Counties, the Montana Association of Counties, the U.S. Department of the Interior, and the U.S. Department of Agriculture (U.S. Forest Service). Eligible revenue sharing counties have an urgent need for this funding, and given resource constraints, will likely require additional time and one-on-one outreach by Treasury to navigate the funding request process. Treasury will be unable to make payments to eligible revenue sharing counties without receiving the requested information. Due to Treasury’s inability to carry out its statutory obligations without this information, the statutory deadline which occurs before the time periods set forth in 5 C.F.R. § 1320.10 and recipient resource constraints, as well as the inability to seek public comment during such a short timeframe, Treasury requested and received emergency processing for the Recipient Payment Information Form (for eligible Tribal governments), the records retention and access requirement (for eligible Tribal governments), and the Certification Regarding Economic Conditions (for eligible Tribal governments). For similar reasons, Treasury now requests emergency processing for the Recipient Payment Information Form (for eligible revenue sharing counties) and the records retention and access requirement (for eligible revenue sharing counties). OMB approval of this form is requested by September 27, 2022. Given the inability to seek public comment during such a short timeframe, Treasury requests a waiver from the requirement to publish notice in the Federal Register seeking public comment.

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Authorizing Statute(s): PL: Pub.L. 117 - 2 605 Name of Law: American Rescue Plan Act of 2021
  

Citations for New Statutory Requirements: PL: Pub.L. 117 - 2 605 Name of Law: American Rescue Plan Act of 2021

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Certification Regarding Economic Conditions (for Eligible Tribal Governments)	N/A	Tribal Certification Regarding Economic Conditions
Obligation and Expenditure Report (for Eligible Tribal Governments)	N/A	Reporting Guidance for the Local Assistance and Tribal Consistency Fund
Obligation and Expenditure Report (for eligible revenue sharing counties)	N/A	Reporting Guidance for the Local Assistance and Tribal Consistency Fund
Recipient Payment Information Form (for Eligible Tribal Governments)	N/A	Local Assistance and Tribal Consistency Fund Recipient Payment Information Form
Recipient Payment Information Form (for eligible revenue sharing counties)	N/A	Local Assistance and Tribal Consistency Fund Recipient Payment Information Form
Records Retention and Access Requirement (for Eligible Tribal Governments)	N/A	Certifications and Assurances for Eligible Tribal Governments - Local Assistance and Tribal Consistency Fund
Records Retention and Access Requirement (for eligible revenue sharing counties)	N/A	Reporting Guidance for the Local Assistance and Tribal Consistency Fund

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	8,582	1,743	6,839	0	0	0
Annual Time Burden (Hours)	9,249	1,307	7,942	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This submission is the third submission for this program; however, it updates the prior submissions to address eligible revenue sharing counties and a reporting burden, whereas the first submission only addressed information other than reporting information collected from eligible Tribal governments.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/22/2022

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