Codetalk Update – May 15, 2022 – Upcoming Webinars

SAVE THE DATE – Tribal Economic Development Webinar – June 2, 2022 from 2:00 – 4:00 p.m. EST 

HUD/ONAP partners with HHS/Administration for Native Americans, DOI/Office of Indian Economic Development, and Commerce/Economic Development Administration to host a joint webinar on Tribal Economic DevelopmentTopics include:


  • Overview of Tribal economic development funding opportunities from four Federal agencies
  • Strategic planning approaches for Tribes pursuing economic development

Pre-registration is required and the link can be found here.



HUD Seeking Nominations for Tribal Intergovernmental Advisory Committee – FAQs published

The U.S. Department of Housing and Urban Development (HUD) is moving forward with the next step in establishing the Tribal Intergovernmental Advisory Committee (TIAC) and has  published a Federal Register Notice (FR-6289-N-02) that formally establishes the TIAC.

The Notice invites Tribes to nominate Tribal representatives to serve on the TIAC. Nominees must meet the criteria described in the Notice and nominations must be submitted by May 31, 2022. To submit a nomination, please go to and press the blue Comments button. You can either upload a document or type a comment in the box that appears.  Read the Dear Tribal Leader in its entirety here.  FAQs published here.


New Dear Tribal Leader Letters

·                    Dear Tribal Leader Letter – FY 2022 IHBG Formula Final Allocation – The purpose of this Dear Tribal Leader letter is to inform Tribes and Tribally Designated Housing Entities (TDHEs) of their Indian Housing Block Grant (IHBG) Final Allocation for Fiscal Year (FY) 2022. Due to COVID-19, the U.S. Department of Housing and Urban Development is posting on-line – rather than mailing – the following information:  Click on the link to see your new allocation.

·                     Dear Tribal Leader Letter– Affordable Connectivity Program Provides Monthly Subsidy for Internet Service


New Notices Published

Process for Amending ICDBG-CARES and ICDBG-ARP Grants

On April 27, 2022, HUD published Notice PIH 2022-12.  The purpose of this notice is to provide Indian Community Development Block Grant Imminent Threat Coronavirus Aid, Relief, and Economic Security Act (ICDBG-CARES) and Indian Community Development Block Grant-Imminent Threat American Rescue Plan Act (ICDBG-ARP) grantees with instructions on how to request amendments to their existing grants. This notice establishes the amendment process for ICDBG-ARP grants and modifies the amendment process for ICDBG-CARES grants, replacing PIH Notice 2021-06 “Process for Amending ICDBG-CARES Grants”.

Notice of Reallocation of Unaccepted Indian Housing Block Grant American Rescue Plan Act (IHBG-ARP) Funds to the Indian Community Development Block Grant Imminent Threat – American Rescue Plan Act (ICDBG-ARP) Program 

Per Notice PIH-2022-13, published on May 6, 2022, the deadline for Tribes and Tribally Designated Housing Entities to submit their Abbreviated Indian Housing Plan (AIHP) to receive their IHBG-ARP grant funding is July 5, 2022. Any IHBG-ARP funds that have not been accepted by this date will be reallocated from the IHBG-ARP program to the ICDBG-ARP program, in accordance with Section 11003(a)(1)(F) of the American Rescue Plan Act of 2021 (ARP). Reallocated funds will be used to fund additional approved ICDBG-ARP applications, as described in PIH Notice 2021-22, ICDBG-ARP Implementation Notice.  Review the Notice in its entirety here.


Waiver Notification

HUD Issues One-Year Waiver for Tribes for BABA 

The Build America, Buy America (BABA) Act was enacted as part of the Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58, in November 2021. The Act requires that for all Federal financial assistance for infrastructure obligated by Federal agencies after May 14, 2022, any iron, steel, manufactured products, and construction materials used in a project must be produced in the United States.  Please note that this requirement is applicable to all Federal financial assistance—whether or not funded through IIJA—where funds are appropriated or otherwise made available and used for a project for infrastructure.

On April 28, 2022, OMB issued guidance to Federal agencies on how to implement this new requirement.  OMB noted in its guidance that before applying a Buy America preference to a covered program that will affect Tribal communities, Federal agencies should follow the consultation policies established through Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, and consistent with policies set forth in the Presidential Memorandum of January 26, 2021, on Tribal Consultation and Strengthening Nation-Nation Relationships.

To allow HUD time to conduct Tribal consultation, HUD issued a General Applicability Waiver of BABA provisions as applied to Tribal recipients of HUD Federal financial assistance.  The waiver is effective as of May 14, 2022, and will remain in effect for all Federal financial assistance for infrastructure projects obligated to Tribes, Tribally Designated Housing Entities (TDHEs)s, and other Tribal organizations for one year, or until HUD publishes a notice extending the waiver or a final notice confirming the completion of HUD’s Tribal consultation process and announcing the termination of this general applicability waiver.  This will allow HUD sufficient time to conduct Tribal consultation.

HUD anticipates that this will primarily impact infrastructure projects funded under HUD programs, e.g., ICDBG-assisted infrastructure projects. Projects consisting solely of the purchase, construction, or improvement of a private home for personal use, for example, would not constitute an infrastructure project that is subject to BABA requirements.

HUD will be providing more details on any Tribal consultation sessions in the near future and may conduct Tribal consultation in coordination with other Federal agencies that provide funding for Tribal infrastructure projects.

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