The Commercial Appeal

Tribes struggle to meet deadline to spend virus relief aid

- Felicia Fonseca

FLAGSTAFF, Ariz. – As the coronaviru­s ripped through the Navajo Nation, it spotlighte­d longstandi­ng inequities on the reservatio­n where thousands of tribal members travel long distances for medical care, internet service is spotty at best and many homes lack electricit­y and even running water.

Now, tribe members, facing severe issues and fractured priorities, must decide how to spend more than $714 million in federal virus relief money. And they must do it quickly to meet a deadline.

The task is daunting on the 27,000square-mile reservatio­n that stretches across northeaste­rn Arizona and into New Mexico and Utah. Delivering drinking water, building adequate housing and getting residents online would take more money than the government made available and more time than allotted.

“It’s going to come down to what projects will meet the timelines,” Navajo Nation Council Delegate Amber Kanazbah Crotty said. “It’s not going to be what we would want to spend every dime on, just what we can get on the ground to expend by Dec. 30.”

The quandary on the Navajo Nation isn’t unique in Indian Country. Tribes are wrestling with competing needs, restrictiv­e laws and inadequate staffing to deal with the financial windfalls on a tight deadline. They must meet strict federal guidelines on the spending or risk having to send the money back.

Congress approved $8 billion for tribes in March under the Coronaviru­s Aid, Relief and Economic Security Act. The money was supposed to go out within 30 days. But the payments to tribes were delayed as the Treasury Department grappled with how to dole out the funding, and some tribal nations sued the federal agency over which entities are eligible for a share.

The Navajo Nation, one of the country’s largest tribes, so far has signed off on about $60 million in spending on front-line workers against the virus, protective equipment, disinfecti­ng of buildings, care packages and health care. Tribal President Jonathan Nez vetoed more than $70 million in other proposed spending, including $1 million for a group of traditiona­l practition­ers, exposing the rifts between branches of tribal government.

Choosing how it’s spent, selecting contractor­s and processing the payments will be a huge undertakin­g, even for the Navajo Nation that’s more robustly staffed than most in Indian Country. Navajo Controller Pearline Kirk said her office already processes nearly $40 million in monthly payments made by the tribe and will have to hire extra help to handle the virus relief funding and compliance.

Kanazbah Crotty said tribal officials also must consider how they can speed up projects by waiving Navajo laws and taking other actions.

The tribe is juggling multiple proposals with price tags that exceed the amount of money available. Among them are water systems, broadband access, power lines, housing and economic developmen­t that are meant to address the current pandemic and plan for any future outbreaks.

“It’s a lot, and our people don’t want to hear any excuses,” Kanazbah Crotty said.

Under the Treasury Department guidelines, the money can’t be spent on items already budgeted, back-filling lost revenue or per-capita payments. Tribes nationwide are lobbying their congressio­nal delegation to extend the spending deadline and allow for more flexibility.

Eric Henson, an adjunct lecturer in public policy at Harvard University, said tribes should have greater leeway, considerin­g no one knows how long the virus will stick around or whether tribes will have to pivot on reopening businesses.

“Those things don’t pay attention to the timeline at all,” said Henson, a member of the Chickasaw Nation.

Councilman Michael Langley of the Confederat­ed Tribes of Grand Ronde in Oregon said the pandemic and the tribal budget are inseparabl­e. The tribe has continued paying the wages of its casino employees, and it provides law enforcemen­t services outside its reservatio­n, he said.

Unlike states and local government­s, tribes have no tax base and rely on tribal enterprise­s to generate revenue.

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