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If the Treasury Office of Inspector General determines that a Fund recipient has failed to comply with the use restrictions set forth in section 601(d) of the Social Security Act, the Fund recipient should follow the instructions provided by the Treasury Office of Inspector General for satisfaction of the related debt rather than following these instructions. A cost meets this requirement if either (a) the cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost is for a substantially different use from any expected use of funds in such a line item, allotment, or allocation. (Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. on Investing in housing and neighborhoods, such as affordable housing development, housing vouchers and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity. Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance, including FEMA's Emergency Management Performance Grant (EMPG) and EMPG Supplemental programs, to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. Public universities have incurred expenses associated with providing refunds to students for education-related expenses, including tuition, room and board, meal plans, and other fees (such as activities fees). For example, a per capita payment to residents of a particular jurisdiction without an assessment of individual need would not be an appropriate use of payments from the Fund. 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. 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. documents in the last year, 86 Enclosed please find an application form and instructions. Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act, discussed below.
10:00am to 11:30am PDT . Are Fund payments considered federal financial assistance for purposes of the Single Audit Act? 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. The U.S. Supreme Court ruled Friday that Alaska Native regional and village corporations are eligible to receive federal CARES Act funding intended for tribes. 3. ), available at https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf. hb```@(1*q-r|MY9pT``
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COVID-19-related expenses of maintaining state prisons and county jails, including as relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions. Other restrictions, such as restrictions on reopening that do not directly concern the use of funds, are not permissible. accounts, the history behind an article. L. No. Adult Tribal Members are eligible for up to $4,000, and minor Tribal Members are eligible for up to $750 payable to the parent or legal guardian for household expenses. The payments constitute other financial assistance under 2 CFR 200.40. High 67F. As noted previously on Treasury's website, on June 30, 2020, the guidance provided under Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 was updated. DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may change on a daily basis. $1.99
Guidance on eligible uses of Fund disbursements by governments is available below. The purpose of the meeting is to review their two statements on voting rights and Alaska Native concerns. 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 . 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. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? Questions Related to Administration of Fund Payments. electronic version on GPOs govinfo.gov. What would qualify as a substantially different use for purposes of the Fund eligibility? Such expenditures would only be permissible if they are necessary for the public health emergency. Accordingly, the Health Resources and Services Administration's (HRSA) COVID-19 Coverage Assistance Fund (CAF) will cover the costs of administering COVID-19 vaccines to patients whose health insurance doesn't cover vaccine administration fees, or does but typically . Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. 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 recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Would such expenditures be eligible in the absence of a stay-at-home order? 5401 0 obj
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This act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion to the Fund to provide payments to states and certain local governments; the District of Columbia and U.S. The federal Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") provided Massachusetts with a total of approximately $2.5 billion through the new Coronavirus Relief Fund (CvRF) to use for expenditures related to the COVID-19 public health emergency. The funding supports states, tribes, and territories with coastal and marine fishery . This table of contents is a navigational tool, processed from the Description of original award (Fiscal Year 2020, $70,674) The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Payments to tribal governments were determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and American Indian and Alaska Native tribes. Covered benefits include, but are not limited to, the costs of all types of leave (vacation, family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes). For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. General. About the Federal Register 0. 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. 007-2021 navajo nation state of emergency; mandating covid-19 vaccinations for navajo nation employees; executive order no. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: 5. New Documents For any questions about the SRMT COVID-19 Household Disaster Relief Program, please contact the Tribe's Compliance Department at (518) 358-2272 or email compliance@srmt-nsn.gov. 21. The PEAF provides funding to states (which includes the District of Columbia), tribes administering a TANF program, and five U.S. territories[1] to assist needy families impacted by the Coronavirus Disease 2019 (COVID-19) pandemic. 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. Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. 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? 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. documents in the last year, 467 should verify the contents of the documents against a final, official Please note: This alert was updated with deadline extensions from the U.S. Department of the Treasury. The CFDA number assigned to the Fund is 21.019. for 30 days, Free
Commerce manages the following grants to the 29 federally recognized Tribes in the state to bolster their response to the COVID-19 pandemic: $10 million state Disaster Relief Funds: COVID-19 Emergency Response Grant for Tribal Governments. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. The Interim Final Rule prescribes the methodology to be used, and compares actual revenue to anticipated revenue in 2020, 2021, 2022 and 2023. *The financial institution address for Treasury's routing number is 33 Liberty Street, New York, NY 10045. The following examples help illustrate how the presumption may or may not be used: Example 1: State A may transfer Fund payments to each school district in the State totaling $500 per student. documents in the last year, by the National Oceanic and Atmospheric Administration The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. Finally, as with all costs covered with payments from the Fund, such costs must not have been previously accounted for in the budget most recently approved as of March 27, 2020. by the Foreign Assets Control Office 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 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. 18. 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. Your current subscription does not provide access to this content. 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. . Expenses for disinfection of public areas and other facilities. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? If you are using public inspection listings for legal research, you Additional information on payments to Tribal governments is available under Coronavirus Relief Fund Tribal Allocation Methodology and Tribal Allocation Methodology for Second Distribution, below.Treasury has completed making payments to Tribal governments, other than amounts that have not been paid to Alaska Native corporations pending litigation on that issue. In recognition of the particular importance of public health and public safety workers to State, local, and tribal government responses to the public health emergency, Treasury has provided, as an administrative accommodation, that a State, local, or tribal government may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. For example, Treasury's initial guidance referenced coverage of the costs of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs, as an eligible use of funds. May recipients use Fund payments to provide loans? Eligible expenditures include, but are not limited to, payment for: 3. Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. Register, and does not replace the official print version or the official If a small business received a Small Business Administration (SBA) Payment Protection Program (PPP) or Economic Injury Disaster Loan (EIDL) grant or loan due to COVID-19, may the small business also receive a grant from a unit of government using payments from the Fund? documents in the last year, 26 May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees to improve telework capabilities) rather than require employees to incur the eligible cost and submit for reimbursement? The date for use of funds was extended from December 30, 2020 to December 31, 2021, by section 1001 of Division N of the Consolidated Appropriations Act, 2021, Pub. 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. Listing of eligible units of local government. To the extent a cost is incurred by December 31, 2021, for an eligible use consistent with section 601 of the Social Security Act and Treasury's guidance, a necessary administrative compliance expense that relates to such underlying cost may be incurred after December 31, 2021. 50. Are expenses associated with contact tracing eligible? 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. Tuesday, March 21, 2023 . FRF may be used to make necessary investments in water, sewer or broadband infrastructure. This means that, if this presumption applies, work performed by such employees is considered to be a substantially different use than accounted for in the most recently approved budget as of March 27, 2020. Document Drafting Handbook 3. legal research should verify their results against an official edition of 553(a). Supporting small businesses, helping them to address financial challenges caused by the pandemic, and to make investments in COVID-19 prevention and mitigation tactics. The CARES Act established the $150 billion Coronavirus Relief Fund. 34. that is degrading to another person. Such a grant would be analogous to a loan provided by the Fund recipient itself that incorporates similar loan forgiveness provisions. These markup elements allow the user to see how the document follows the 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. $290 million was allocated directly to First . The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. The American Rescue Plan allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. Avery Street A3-G, Bureau of the Fiscal Service, P.O. 1302(a). 48. 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.
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. 2021-00827 Filed 1-14-21; 8:45 am], updated on 4:15 PM on Friday, March 3, 2023, updated on 8:45 AM on Friday, March 3, 2023, 105 documents The first payments will be distributed on October 4, 2021 and the second payments will be distributed on January 7th, 2022. May Fund payments be used to assist impacted property owners with the payment of their property taxes? 5423 0 obj
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Stephen T. Milligan, Deputy Assistant General Counsel (Banking & Finance), 202-622-4051. May a State impose restrictions on transfers of funds to local governments? If a recipient would have decommissioned equipment or not renewed a lease on particular office space or equipment but decides to continue to use the equipment or to renew the lease in order to respond to the public health emergency, are the costs associated with continuing to operate the equipment or the ongoing lease payments eligible expenses? Register (ACFR) issues a regulation granting it official legal status. Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. The COVID-19 pandemic is one of the worst health and economic crises in modern history and it continues to require the best of humanity to overcome. Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 31, 2021, is an eligible expense. 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. 7/16/2020 Cheyenne and Arapaho Tribes received a total of $63.4 million in COVID-19 relief funds 7/2/2020 COVID-19 continues to spread across the state of Oklahoma 6/30/2020 Third Amended Executive Order 2020-02 5/28/2020 Judicial Branch's Updated Response to COVID-19 and Phased Reopening 5/27/2020 Executive Branch Amended Executive Order 2020-02 Section 601(f)(2) of the Social Security Act provides that if the Treasury OIG determines that a recipient of payments from the Fund has failed to comply with the use of funds provisions of section 601(d), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the federal government. CARNEGIE The Kiowa Tribe of Oklahoma has received official confirmation it will receive almost $51 million from the American Rescue Plan Act. All enrolled tribal members over the age of 18 as of September 9, 2021 will qualify for two payments, each in the amount of $5,005.00. To what extent may a government use Fund payments to support the operations of private hospitals? 45. 25. The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. The Guidance says that funding can be used to meet payroll expenses for 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. Treasury has provided examples as to what would constitute a substantially different use. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. This particular nonexclusive example of an ineligible expenditure relates to public employees. Please note that these instructions are for Fund recipients to return the balance of unused Fund payments to Treasury. The President of the United States manages the operations of the Executive branch of Government through Executive orders. 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). Although FRF is a substantial capital infusion, tribes should not lose track of other potential sources of funding through the American Rescue Plan and other legislative packages that may be passed this year. One year later, American Rescue Plan Act funds allocated $31 billion for infrastructure needs and other federal programs for . The CARES Act earmarked $8 billion dollars for relief payments to tribes across the country. 40. 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. Investments in improvements to water and sewer infrastructure, including projects that address the impacts of climate change. Treasury provided (in FAQ A.3) that costs incurred for a substantially different use would include, for example, the costs of redeploying educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. Payments from the fund may only be used to cover such hazard pay. Information about this document as published in the Federal Register. 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 . Kiowa Tribe approved for COVID relief funds. Please provide the following instructions to your Financial Institution for the remittance of Automated Clearing House (ACH) credits to the Department of the Treasury. regulatory information on FederalRegister.gov with the objective of Reduction in revenue is measured relative to the revenue collected in the most recent full fiscal year prior to the COVID-19 public health emergency (2019). May recipients create a payroll support program for public employees? the material on FederalRegister.gov is accurately displayed, consistent with documents in the last year, by the Energy Department The first quarterly report will cover from date FRF is received to Sept. 30, 2021. documents in the last year, 981 Yes. This repetition of headings to form internal navigation links In addition, guardians or payees . As a matter of administrative convenience, the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible, provided that such payroll costs are incurred by December 31, 2021. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: 6. If a government determines that the issuance of TANs is necessary due to the COVID-19 public health emergency, the government may expend payments from the Fund on the interest expense payable on TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary payments to advisors and underwriters, associated with the issuance of the TANs. Be Nice. 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 site displays a prototype of a Web 2.0 version of the daily 52. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency.