5434 0 obj <>stream documents in the last year, 282 documents in the last year, 663 See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act and as amended by section 1001 of Division N of the Consolidated Appropriations Act, 2021. The Department of the Treasury (Treasury) is re-publishing in final form the guidance it previously made available on its website regarding the Coronavirus Relief Fund for States, tribal governments, and certain eligible local governments. 3. documents in the last year, 86 The CARES Act established the $150 billion Coronavirus Relief Fund. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. One key part of the CARES Act was the Coronavirus Relief Fund, which provided $150 billion in direct federal fiscal support to governments in states, territories, and tribal areas to cover expenditures incurred due to the COVID-19 public health emergency. This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. Tribal governments may use FRF to provide government services to the extent of the tribe's reduction in revenue experienced because of the COVID-19 public health emergency. that agencies use to create their documents. The Secretary of the Treasury has adopted this guidance for recipients of payments from the Fund pursuant to his authority under the Social Security Act to adopt rules and regulations as may be necessary to the efficient administration of the functions with which he is charged under the Social Security Act. Figure 5 shows our estimate of federal COVID-19-related funding that tribal governments will use for the administration of programs and to provide services. As with any other costs to be covered using payments from the Fund, any such administrative costs must be incurred by December 31, 2021, with an exception for certain compliance costs as discussed below. racist or sexually-oriented language. The payments constitute other financial assistance under 2 CFR 200.40. For example, a recipient may use payments from the Fund to cover hazard pay for a police officer coming in close contact with members of the public to enforce public health or Start Printed Page 4186public safety orders, but across-the-board hazard pay for all members of a police department regardless of their duties would not be able to be covered with payments from the Fund. As reflected in the Guidance and FAQs, Treasury has not interpreted this provision to limit eligible costs to those that are incremental increases above amounts previously budgeted. A government should not make prepayments on contracts using payments from the Fund to the extent that doing so would not be consistent with its ordinary course policies and procedures. on 59. This means that, whereas payroll and benefits of an employee who is substantially dedicated to mitigating or responding to the COVID-19 public health emergency may generally be covered in full using payments from the Fund, hazard pay specifically may only be covered to the extent it is related to COVID-19. Winds light and variable.. Clear skies. 41. The American Rescue Plan provides that FRF must be used for the following costs incurred by Dec. 31, 2024: On May 10, 2021, The Treasury Department issued several documents related to the implementation and administration of FRF. Section 601 of the Social Security Act, as added by section 5001 (a) of Division A of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") established the Coronavirus Relief Fund (the "Fund") and appropriated $150 billion for payments by Treasury to States, tribal governments, and certain local governments. 9. County Board Meetings Territories and Tribal governments navigating the impact of the . If a State determines that expanding meat processing capacity, including by paying overtime to USDA meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. COVID-19. High 67F. Do not send any privileged or confidential information to the firm through this website. CDC is using a multifaceted approach to allocate COVID-19 funding to Indian Country, enabling broad access to COVID-19 resources across tribal communities: $152.8 million to tribal nations, consortia, and organizations through a new noncompetitive grant, Supporting Tribal Public Health Capacity in Coronavirus Preparedness and Response The calculation assumes at least 4.1 percent growth annually. Section 601 of the Social Security Act, as added by section 5001(a) of Division A of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Coronavirus Relief Fund (the Fund) and appropriated $150 billion for payments by Treasury to States, tribal governments, and certain local governments. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. for better understanding how a document is structured but Please purchase a subscription to continue reading. Few details on the specific requirements are known at this time. COVID-19 Resources for Native Americans For additional ONAP COVID-19 resources, please visit the ONAP COVID-19 Recovery Programs web page Indian Housing Block Grant (IHBG-ARP) and Indian Community . Permissible uses include: Delivering assistance to workers and families, including aid to unemployed workers, as well as aid to households facing food, housing or financial insecurity. The Rosebud Sioux Tribe is planning how to use the expected funds. better and aid in comparing the online edition to the print edition. May a unit of local government receiving a Fund payment transfer funds to another unit of government? 50. hb```@(1*q-r|MY9pT`` Pu%}$p19j9T`;)',QlqV4C2ut400pttj$ f gPfcXlX` feby}ewEV, @ %X| 1PU fWO establishing the XML-based Federal Register as an ACFR-sanctioned Please contact your responsible Holland & Knight lawyer or the authors of this alert for timely advice. The Guidance provides that ineligible expenditures include [p]ayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Is this intended to relate only to public employees? Upon further consideration and informed by an understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be considered to have been incurred, performance or delivery must occur during the covered period but payment of funds need not be made during that time (though it is generally expected that this will take place within 90 days of a cost being incurred). Retroactive spending is permissible for this category, meaning essential workers could receive premium pay for hours worked during the duration of the COVID-19 pandemic. No. No. The Treasury Department's guidance provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. Through the Coronavirus Relief Fund, the CARES Act provides for payments to State, Local, and Tribal governments navigating the impact of the COVID-19 outbreak. PLEASE TURN OFF YOUR CAPS LOCK. The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. May payments from the Fund be used for real property acquisition and improvements and to purchase equipment to address the COVID-19 public health emergency? Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. Enclosed please find an application form and instructions. These provisions do not prohibit the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). 05.11.20 Lankford Announces Continued Financial Support for Oklahoma Tribes Amid COVID-19 Pandemic. Projects supported with payments from the Fund may still be subject to NEPA review if they are also funded by other federal financial assistance programs. 748) with a Historic $10 Billion in Direct Funding for Tribal Nations. Out of the $31 billion that tribes will receive, $20 billion will focus on combating COVID-19 and stabilizing safety nets in tribal communities. This led to the Stay-At-Home Order for all residents as a means to limit the spread and control the virus, thus, preserving the peace and order of the Hopi Tribe. 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Non-federal entities include subrecipients of payments from the Fund, including recipients of transfers from a State, territory, local government, or tribal government that received a payment directly from Treasury. 03/03/2023, 1465 The remaining 35 percent ($6.65 billion) will be allocated pro rata based on each tribe's total government and business employees. 3. developer tools pages. In March 2020, the CARES Act established the Coronavirus Relief Fund, which allocated $8 billion to tribal governments and Alaska Native Corporations to address "necessary expenditures" incurred due to COVID-19. Yes, non-profits may be used to distribute assistance. What are the differences between a subrecipient and a beneficiary under the Fund for purposes of the Single Audit Act and, https://www.federalregister.gov/d/2021-00827, MODS: Government Publishing Office metadata, https://www.irs.gov/newsroom/cares-act-coronavirus-relief-fund-frequently-asked-questions, https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf, https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf, Originator to Beneficiary InformationLine 1, Originator to Beneficiary InformationLine 2, Originator to Beneficiary InformationLine 3, Originator to Beneficiary InformationLine 4. Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. Moreover, the laws of each jurisdiction are different and are constantly changing. 35. The documents posted on this site are XML renditions of published Federal The first payment will include 1) an amount in respect of the $1 billion allocation that is to be divided equally among eligible tribal governments, and 2) the tribal government's pro rata share of the allocation based on enrollment. These classes of employees include public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. 47. 12. As previous guidance has stated, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. Such acquisitions and improvements must be completed and the acquired or improved property or acquisition of equipment be put to use in service of the COVID-19-related use for which it was acquired or improved by December 30. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to the public health emergency. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, provided funding for emergency relief administered by eligible Indian Tribal Governments (Tribes) to provide payments for the benefit of tribal members and their families for necessary expenses resulting from the COVID-19 pandemic. In addition, guardians or payees of enrolled tribal member children as of September 9, 2021, as determined by the Tribes Enrollment department records, shall qualify for two payments for each minor child in their care, each payment in the amount of $1,000.00. Coronavirus Relief Fund Through the Coronavirus Relief Fund, the CARES Act provides for payments to State, Local, and Tribal governments navigating the impact of the COVID-19 outbreak. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. FEMA Learn more about FEMA consideration and eligible expense Appropriated Coronavirus Relief Fund Contracting Process The Life Cycle for Coronavirus Relief Funds Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Illustrated Version of the Contracting Process Promoting healthy childhood environments, including new or expanded high-quality childcare, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. In determining the business' eligibility for the grant, the recipient should not rely on self-certifications provided to the SBA. Yes. However, subrecipients would not include individuals and organizations (e.g., businesses, non-profits, or educational institutions) that are beneficiaries of an assistance program established using payments from the Fund. While many people are waiting anxiously for 2020 - a year rife with disasters and vitriol - to finally end, tribal governments in Oregon are anxious about what will happen to COVID-19 relief . This guidance reflects the intent behind the Fund, which was not to provide general fiscal assistance to state governments but rather to assist them with COVID-19-related necessary expenditures. documents in the last year, by the Energy Department Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? 5423 0 obj <>/Filter/FlateDecode/ID[<5F689BCC1EF8244F90DAC385661FF4B0><9322B044ED388A4896D8D2CCA536C7F2>]/Index[5401 34]/Info 5400 0 R/Length 109/Prev 351616/Root 5402 0 R/Size 5435/Type/XRef/W[1 3 1]>>stream The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. No. For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. State A does not need to document the specific use of the Fund payments by the school districts within the State. In March, Congress approved a temporary 6.2 percentage point increase in the federal government's share of cost for state Medicaid . 5. Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. the current document as it appeared on Public Inspection on 19. Attorney Advertising. This site displays a prototype of a Web 2.0 version of the daily The federal coronavirus relief package, known as the American Rescue Plan, which took effect in March, earmarked $20 billion for tribal governments an unprecedented federal investment in . Winds ENE at 5 to 10 mph. Don't knowingly lie about anyone The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. Please avoid obscene, vulgar, lewd, The following is a list of examples of costs that would not be eligible expenditures of payments from the Fund. The Start Printed Page 4193spending baseline may be carried forward without adjustment for inflation. In addition, guardians or payees . In particular, a government must (i) determine that it is not able to meet the need arising from the public health emergency in a cost-effective manner by leasing property or equipment or by improving property already owned and (ii) maintain documentation to support this determination. 3. The Interim Final Rule prescribes the methodology to be used, and compares actual revenue to anticipated revenue in 2020, 2021, 2022 and 2023. Learn more about PPP COVID-19 EIDL This low-interest loan provides help to businesses experiencing revenue loss. The assistance provided from the Fund would need to satisfy all of the other requirements set forth in section 601(d) of the Social Security Act as discussed in Treasury's guidance and FAQs, and the business would need to comply with all applicable requirements of the PPP or EIDL program. 30. There will be light email coverage on . 6. 10:00am to 11:30am PDT . For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. Expenses for disinfection of public areas and other facilities. If a government deposits Fund payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Within two weeks of April 14, when the. Every adult tribal member is eligible for this assistance and eligibility is not based on household size. To the extent the expenses were previously unbudgeted and are otherwise consistent with section 601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible. Furthermore, as discussed in the Guidance above, as with any other cost, an administrative cost that has been or will be reimbursed under any federal program may not be covered with the Fund. Federal Register issue. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. This guidance primarily concerns the use of payments from the Fund set forth in section 601(d) of the Social Security Act. The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. Fund payments are subject to the following requirements in the Uniform Guidance (2 CFR part 200): 2 CFR 200.303 regarding internal controls, 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Learn more here. Threats of harming another May recipients use Fund payments to remarket the recipient's convention facilities and tourism industry? staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. Sorry, no promotional deals were found matching that code. footnote 2 of the guidance has been revised to reflect additional restrictions imposed by section 5001(b) of Division A the CARES Act; FAQ A.59 has been updated to correct the cross-reference to Treasury OIG's FAQs; and the application of FAQ B.6 has been clarified. Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Additionally, the cost of goods purchased in bulk and delivered during the covered period may be covered using payments from the Fund if a portion of the goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient's usual procurement policies and practices, and it is impractical to track and record when the items were used. This provides tribal governments an additional two years to use FRF. Stephen T. Milligan, Deputy Assistant General Counsel (Banking & Finance), 202-622-4051. Previous guidance regarding the requirement that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1, 2020, and ends on December 31, 2021 focused on the acquisition of goods and services and leases of real property and equipment, but the same principles apply to acquisitions and improvements of real property and acquisitions of equipment. 1. access for current print subscribers. on NARA's archives.gov. 1. The statute requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. Is there a specific definition of hazard pay? Please log in, or sign up for a new account and purchase a subscription to continue reading. This particular nonexclusive example of an ineligible expenditure relates to public employees. Emergency medical response expenses, including emergency medical transportation, related to COVID-19. documents in the last year, 20 The purpose of COVID-19 Assistance to help eligible Tribal Members maintain their health, well-being, independence, and quality of life during the COVID-19 Pandemic. The Treasury Department's guidance clarifies that performance/delivery may occur until Dec. 31, 2026. "The pandemic has been stressful for many of our community's families and individuals," concluded Tribal Chief Michael Conners. Likewise, an improvement, such as the installation of modifications to permit social distancing, would need to be determined to be necessary to address the COVID-19 public health emergency. Fund payments made by Treasury to State, territorial, local, and Tribal governments do not entail grant agreements and thus the provisions of the Uniform Guidance (2 CFR part 200) applicable to grant agreements do not apply. ELIGIBILITY CRITERIA Direct Submissions May Fund payments be used for COVID-19 public health emergency recovery planning? 1. to the courts under 44 U.S.C. The purpose of the Montana Homeowner Assistance Fund, in accordance with federal legislation and U.S. Treasury guidance, is to mitigate financial hardships associated with the coronavirus pandemic by providing funds to prevent homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements . She said the tribe will assess peoples needs through a survey engagement to be distributed through communication and the media before a plan is finalized. If a State transfers Fund payments to its political subdivisions, would the transferred funds count toward the subrecipients' total funding received from the federal government for purposes of the Single Audit Act? 18. At what point would costs be considered to be incurred in the case of a grant made by a State, local, or tribal government to cover interest and principal amounts of a loan, such as might be provided as part of a small business assistance program in which the loan is made by a private institution? Four of the documents are specific to tribal governments, while the others apply to state, local and tribal governments. The CARES Act established the Coronavirus Relief Fund (the Fund) and appropriated $150 billion to the Fund. The statute also specifies that expenditures using Fund payments must be necessary. The Department of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its intended use in the reasonable judgment of the government officials responsible for spending Fund payments. Blog; Press Room; Subscribe for Updates; About Us. Governments may use Fund payments to support public or private hospitals to the extent that the costs are necessary expenditures incurred due to the COVID-19 public health emergency, but the form such assistance would take may differ. Receiving a PPP or EIDL grant or loan for COVID-19 would not necessarily make a small business ineligible to receive a grant from Fund payments made to a recipient. 116-260 (Dec. 27, 2020), Budget, Financial Reporting, Planning and Performance, Financial Markets, Financial Institutions, and Fiscal Service, Treasury Coupon-Issue and Corporate Bond Yield Curve, Treasury International Capital (TIC) System, Kline-Miller Multiemployer Pension Reform Act of 2014, Taxpayers Will See Improved Service This Filing Season Thanks to Inflation Reduction Act, Disparities in the Benefits of Tax Expenditures by Race and Ethnicity, Racial Differences in Economic Security: Non-Housing Assets, Treasury Sanctions People Involved in Serious Human Rights Abuse Against Vladimir Kara-Murza, Treasury Announces Approval of Up to $890.7 Million to Support Small Business Success Across Three States, Treasury Sanctions CJNG-Run Timeshare Fraud Network. This includes, but is not limited to, costs related to disbursing payments from the Fund and managing new grant programs established using payments from the Fund. New Documents This position reflects the statutory intent discussed above: the Fund was intended to be used to help governments address the public health emergency both by providing funds for incremental expenses (such as hazard pay related to COVID-19) and to allow governments not to have to furlough or lay off employees needed to address the public health emergency but was not intended to provide across-the-board budget support (as would be the case if hazard pay regardless of its relation to COVID-19 or workforce bonuses were permitted to be covered using payments from the Fund).