Cyclopedia of Congressional Budget Law

State, Local, and Tribal Governments

Summary

 

The term State, local, and tribal governments is often used, notably in the Unfunded Mandates Reform Act of 1995 and part B of title IV of the Congressional Budget Act, which that law established, to refer to governments of the United States other than the Federal Government. 

This term is defined in law, though not in the Government Accountability Office Glossary of Terms and Definitions.

Included below are definitions for “state government”, “local government”, “tribal government”, and in addition “small government” and “private sector”.

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 Title IV of the Congressional Budget and Impoundment Control Act of 1974

Definitions As Set Forth in Section 421 (CBA)

Local Government

The definitions for local government in section 421(8) and the text of the cross reference:

(8) Local government.—The term “local government” has the same meaning as defined in section 6501(6) of title 31, United States Code.

Section 6501(6) of title 31:  

(6) “local government” means a unit of general local government, a school district, or other special district established under State law.

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 State Government

The definitions for local government in section 421(8) and the text of the cross reference:

(12) State.—The term “State” has the same meaning as defined in section 6501(9) of title 31, United States Code.

Section 6501(9) of Title 31:

(9) “State” means a State of the United States, the District of Columbia, a territory or possession of the United States, and an agency, instrumentality, or fiscal agent of a State but does not mean a local government of a State.

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 Tribal government

The definition for a “tribal government” is set in section 421(13). The sequence of sections in the reference must be reviewed specifically for determining whether an entity is recognized for purposes of the definition.

(13) Tribal government.—The term “tribal government” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians.

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 Private sector

The definition for the private sector in section 421(9) constitutes any entities other than those considered state, local or tribal governments:

(9) Private sector.—The term “private sector” means all persons or entities in the United States, including individuals, partnerships, associations, corporations, and educational and nonprofit institutions, but shall not include State, local, or tribal governments.

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Small government

The definition for “small government” in section 421(11) and the text of the cross reference:

(11) Small government.—The term “small government” means any small governmental jurisdictions defined in section 601(5) of title 5, United States Code, and any tribal government.

Section 601(5) of Title 5:

(5) the term “small governmental jurisdiction” means governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than fifty thousand, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and which are based on such factors as location in rural or sparsely populated areas or limited revenues due to the population of such jurisdiction, and publishes such definition(s) in the Federal Register;

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