And the reservation's borders are fluid, so even the tribe's extensive precautions haven't been enough to fully protect Colville . How the fund developed during the pandemic. 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. 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. and services, go to To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the COVID-19 public health emergency, a State may use Fund payments to make payments to its respective state unemployment insurance fund, separate and apart from such State's obligation to the unemployment insurance fund as an employer. by the Foreign Assets Control Office To be eligible for the General Distributions, a provider must have billed Medicare fee-for-service in 2019, be a known Medicaid and CHIP or dental provider and provide or provided after January 31, 2020 diagnoses, testing, or care for individuals with possible or actual cases of COVID-19. Yes, provided that if recipients separately invest amounts received from Start Printed Page 4194the Fund, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d) of the Social Security Act and the Guidance on eligible expenses. documents in the last year, 940 Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? On May 10, 2021, the Treasury Department announced that FRF would be allocated based on a formula that takes into account each tribe's enrollment and number of employees. executive order. Recipients may, if they meet the conditions specified in the guidance for tracking time consistently across a department, use payments from the Fund to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID-19 public health emergency. Such expenditures would only be permissible if they are necessary for the public health emergency. It has become clear that financial assistance is necessary to assist tribal families in coping with the burdens of these very difficult times.. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? 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. 2. The Public Inspection page Treasury has revised the guidance on CRF to provide that a cost associated with a necessary expenditure incurred due to the public health emergency shall be considered to have been incurred by December 31, 2022, if the recipient has incurred an obligation with respect to such cost by December 31, 2022. Contact the Eviction Defense Screening Line at 855-657-8387 or apply online at the Northwest Justice Project . Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. Any amounts repaid by the borrower before December 31, 2021, must be either returned to Treasury upon receipt by the unit of government providing the loan or used for another expense that qualifies as an eligible expenditure under section 601(d) of the Social Start Printed Page 4191Security Act. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Is the cost of this expanded workers compensation coverage eligible? rendition of the daily Federal Register on FederalRegister.gov does not Relatedly, both hazard pay and overtime pay for employees that are not substantially dedicated may only be covered using the Fund if the hazard pay and overtime pay is for COVID-19-related duties. Open for Comment, Russian Harmful Foreign Activities Sanctions, Economic Sanctions & Foreign Assets Control, Fisheries of the Northeastern United States, National Oceanic and Atmospheric Administration, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments, Necessary Expenditures Incurred Due to the Public Health Emergency, Costs Not Accounted for in the Budget Most Recently Approved as of March 27, 2020, Costs Incurred During the Period That Begins on March 1, 2020, and Ends on December 31, 2021, Nonexclusive Examples of Eligible Expenditures, Nonexclusive Examples of Ineligible Expenditures, Supplemental Guidance on Use of Funds To Cover Payroll and Benefits of Public Employees, Supplemental Guidance on Use of Funds To Cover Administrative Costs, Instructions for State, Territorial, Local, and Tribal Governments To Return Unused Coronavirus Relief Fund Payments to the Department of the Treasury. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic support as a result of the COVID-19 health emergency. County Board Meetings Yes, if a government determines such assistance to be a necessary expenditure. accounts, the history behind an article. May funds be used to satisfy non-federal matching requirements under the Stafford Act? Email: [email protected]. The Administrative Procedure Act (APA) provides that the notice, public comment, and delayed effective date requirements of 5 U.S.C. Just four days later, on March 22, 2020, the Hopi Tribe received notification of three confirmed cases of COVID-19 in Tuba City. The guidance published below is unchanged from the last version of the guidance dated September 2, 2020,[1] Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Tribes will need to be strategic about which funding source to use for each project. Workforce bonuses other than hazard pay or overtime. 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. The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. informational resource until the Administrative Committee of the Federal 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. is not permitted under this category. 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. Coronavirus Relief Fund (CRF). No. COVID-19 Stimulus Bill: What It Means for States L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. 1. Promotional Rates were found for your code. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. 12005 of the Coronavirus Aid, Relief, and Economic Security Act, also called the CARES Act. With more than 100 cases of COVID-19 identified on the . All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020, and ends on December 31, 2021. If governments use Fund payments as described in the Guidance to establish a grant program to support businesses, would those funds be considered gross income taxable to a business receiving the grant under the Internal Revenue Code (Code)? 0. The Canada Community Revitalization Fund provides up to $750,000 or $1 million to not-for-profit organizations, municipalities, public institutions and Indigenous communities for projects to revitalize communities across Canada. Governments have discretion to determine what payments are necessary. A vaccination site on the. 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. No. Tribes do not need to resubmit this information in order to receive a payment. ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. Coronavirus Resources: Native Americans | HUD.gov / U.S. Department of Coronavirus Relief Fund program guidance. Building or upgrading facilities and transmission, distribution and storage systems, including the replacement of lead service lines. The Start Printed Page 4193spending baseline may be carried forward without adjustment for inflation. 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. Additional information on the requested information is available under Tribal Employment and Expenditure Submission Instructions, below. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. 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. What records must be kept by governments receiving payment? 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 final rule contains no requirements subject to the Paperwork Reduction Act. In the Interim Final Rule and Frequently Asked Questions, the Treasury Department elaborated on the four categories of permissible uses of FRF as set forth in the American Rescue Plan. The requirement that expenditures be incurred due to the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. Information about this document as published in the Federal Register. This prototype edition of the Provider Relief Fund payments are being disbursed via both "General" and "Targeted" Distributions. PDF CARES Act Final Distributions for ATG and Welfare Assistance 29. for 1 day, $16.00 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. Officials said states and. Document Drafting Handbook provide legal notice to the public or judicial notice to the courts. Request Funding | U.S. Department of the Treasury Please see Treasury's Guidance as updated on June 30 regarding when a cost is considered to be incurred for purposes of the requirement that expenses be incurred within the covered period. If governments use Fund payments as described in the Guidance to establish a loan program to support businesses, would those funds be considered gross income taxable to a business receiving the loan under the Code? The CARES Act provides that payments from the Fund may only be used to cover costs that. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? 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. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. from 36 agencies. Although tribal governments have an additional two years to utilize FRF, the Treasury Department also clarified that FRF generally cannot be spent retroactively. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less, using as a benchmark the per capita allocation formula that governs payments to larger local governments. 7. Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. Re: HHS-CCDF CRRSA: Use of Funds- Child Care and Development Fund (CCDF) Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA) Funds . 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. As of June 17, 2020, all payments based on employment and expenditure data, other than payment of amounts allocated to Alaska Native corporations, have been made. for 30 days, Free Covid-19 Economic Relief | U.S. Department of the Treasury CARES Guidelines 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. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. endstream endobj startxref Yes. Tenants who receive public assistance or are very low income - $25,760 annual income for an individual or $53,000 for a family of four - can access a lawyer for free during eviction proceedings. Speeding the recovery of the tourism, travel and hospitality sectors. To this end, as an administrative convenience, Treasury will presume that expenses of up to $500 per elementary and secondary school student are eligible expenditures, such that schools do not need to document the specific use of funds up to that amount. Tribal Communities Set to Receive Big New Infusion of Aid 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. Marie. 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. Addressing health disparities and the social determinants of health through funding for community health workers. These markup elements allow the user to see how the document follows the NORTHWEST Colville Confederated Tribes 1,750,446 103,183 NORTHWEST Coos, Lower Umpqua and Siuslaw Confederated Tribes 718,933 13,209 NORTHWEST Coquille Indian Tribe FRF may be used to make necessary investments in water, sewer or broadband infrastructure. The documents are linked individually below and can also be accessed on the Treasury Department's website. the Federal Register. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. 4. documents in the last year, 11 The State incurs an obligation to FEMA in the amount of the payment to the ineligible individual. COVID-19 Resource Hub; WA Equity Relief Fund for Nonprofits; News & Insights. State, territorial, local, and Tribal governments receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the Guidance. A State's obligation to FEMA for making an improper payment to an individual under the lost wages assistance program is not incurred due to the public health emergency and, therefore, payments made pursuant to this obligation would not be an eligible use of the Fund. 2605 et seq. The amount of payments made to each State was reduced by the aggregate amount of payments that was disbursed to eligible local governments within such State that provided the required certifications to Treasury. Fund payments may not be used for expenses that have been or will be reimbursed by another federal program (including, for example, the Higher Education Emergency Relief Fund administered by the Department of Education). 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. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. 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. 46. Please see the document below,[NEW] CRF Guidance Revision Regarding Cost Incurred (12/14/2021), for additional details and Coronavirus Relief Fund Tribal Extension Notice. 10:00am to 11:30am PDT . In the above OIG FAQ, sub-recipient refers to the beneficiary of the assistance, i.e., the small business. The Treasury Department's guidance previewed several reporting requirements that tribes will need to satisfy as they spend FRF. 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. Please see Treasury Office of Inspector General FAQs at https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf regarding reporting in the GrantSolutions portal. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. Treasury has provided examples as to what would constitute a substantially different use. a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. The deadline to confirm or amend 2019 employment numbers is June 21, 2021. Federal Register provide legal notice to the public and judicial notice This result provides equitable treatment to governments that, for example, instead of having a few employees who are substantially dedicated to the public health emergency, have many employees who have a minority of their time dedicated to the public health emergency. The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue shortfalls, are the expenses associated with the issuance eligible uses of Fund payments? 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. that is degrading to another person. 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. 24. person will not be tolerated. Are expenses associated with contact tracing eligible? Once the email address is confirmed please provide your Account Number to activate your Print Subscription Service. 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 headings within the legal text of Federal Register documents. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. The State should distribute 45 percent of the $1 billion it received, or $450 million, to local governments within the State with a population of 500,000 or less. 1503 & 1507. Any such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. SD tribes to benefit from latest COVID-19 relief package Third COVID-19 Relief Bill Becomes Law (H.R. Along with being the columnist of Soundemonium Musaic, Scott Rains is also a police, fire, Native Affairs and roller derby reporter for The Lawton Constitution. Payments from the fund may only be used to cover such hazard pay. WASHINGTON A federal judge on Monday ordered Treasury Secretary Steven Mnuchin to distribute $679 million in emergency COVID-19 relief funds to Native American tribes that should have gotten it months ago, and he chided the agency for causing "irreparable harm" with its delays. Federal Register. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. More information and documentation can be found in our The CARES Act directs Treasury to use U.S. Census Bureau data for the most recent year for which data is available. The introduction of the guidance and frequently asked questions have been modified to reflect this publication in the Federal Register; the guidance and frequently asked questions have been revised throughout to reflect that the end date of the period during which eligible expenses may be incurred has been extended to December 31, 2021;[3] Coronavirus State and Local Fiscal Recovery Funds The American Rescue Plan provides $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. 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). In general, no. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. Be Proactive. RELIEF FUND. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 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. Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services such as tutoring or afterschool programs, as well as service to address social, emotional and mental health needs. Listing of eligible units of local government. 59. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. . Are Fund payments subject to other requirements of the Uniform Guidance? 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 . Enhanced Federal Match for Medicaid Programs. May a State receiving a payment transfer funds to a local government? 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. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and, 3. were incurred during the period that begins on March 1, 2020, and ends on December 31, 2021.[1]. Treasury's Office of Inspector General has provided the following guidance in its FAQ no. 1. 21. Box 1328, Parkersburg, WV 26106-1328. The bulk of Coronavirus Relief Fund assistance was allocated to state governments, but . No. Threats of harming another Finally, the CARES Act provides 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 (the covered period). 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. Though the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act, Congress allocated $150 billion in COVID-19 relief for tribes, states, local and territorial governments. 102-477 Plan and intends to provide the following services in accordance with its approved 477 each of which was published on Treasury's website, except for the following changes. legal research should verify their results against an official edition of 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. Any remaining amount of payments from the Fund not used for eligible expenses incurred during the covered period must be returned to Treasury in one of three ways, set forth below. 53. 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). 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. Eligible higher education expenses may include, in the reasonable judgment of the responsible government official, refunds to students for tuition, room and board, meal plan, and other fees (such as activities fees). 4. Sault Ste. Territories, and eligible units of local government are based on population as provided in the CARES Act. 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR 200.303 regarding internal controls, 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Register, and does not replace the official print version or the official You have permission to edit this article. documents in the last year, 35 Attorney Advertising.

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