The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. documents in the last year, 86 Box 167 Concho, OK 73022 Phone: (405) 422-7580 Fax: (405) 422-8246 Email: HOPE@cheyenneandarapaho-nsn.gov. 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 is meant by a small business, and is the Guidance intended to refer only to expenditures to cover administrative expenses of such a grant program? 53. 1. informational resource until the Administrative Committee of the Federal A recipient with such necessary administrative expenses, such as an ongoing audit continuing past December 31, 2021, that relates to Fund expenditures incurred during the covered period, must report to the Treasury Office of Inspector General by the quarter ending September 2022 an estimate of the amount of such necessary administrative expenses. 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. 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. Section 5001(b) thereby applies to payments from the Fund the general restrictions on the Department of Health and Human Services' appropriations. In addition, guardians or payees . Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 CFR 200.425. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions.
The first payments will be distributed on October 4, 2021 and the second payments will be distributed on January 7th, 2022. executive order no. 7. has no substantive legal effect. rendition of the daily Federal Register on FederalRegister.gov does not Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. May governments retain assets purchased with payments from the Fund? 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). 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. Sorry, no promotional deals were found matching that code. You can email him at: scott.rains@swoknews.com. The funding covers up to 75% of the total project costs. Federal Register issue. 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. 03/03/2023, 159 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). Overview. 34. 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. Data Sovereignty. documents in the last year, 36 COVID-19. establishing the XML-based Federal Register as an ACFR-sanctioned documents in the last year, 981 Court Records; Reporting Fraud; Alternative Courts; Reporting Crimes; Resolving Ordinance Violations; Open and Participatory Government. 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. documents in the last year, 282 publication in the future. Are expenses associated with contact tracing eligible? Register (ACFR) issues a regulation granting it official legal status. 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. on Further, infrastructure projects other than water, sewer and broadband are not permissible uses of FRF unless 1) related to COVID-19 or 2) provided as government services to the extent of the tribal government's lost revenue. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. 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. In the context of acquisitions of real estate and acquisitions of equipment, this means that the acquisition itself must be necessary. 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. Sault Ste. Please provide the following instructions to your Financial Institution for the remittance of Fedwire payments to the Department of the Treasury. Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Payments from the fund may only be used to cover such hazard pay. 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. But COVID-19 cases are hitting record highs throughout the state. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. County Board Meetings The Treasury Department's guidance previewed several reporting requirements that tribes will need to satisfy as they spend FRF. The funding supports states, tribes, and territories with coastal and marine fishery . PLEASE TURN OFF YOUR CAPS LOCK. 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 . 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. 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. 1503 & 1507. Such expenditures would only be permissible if they are necessary for the public health emergency. 01/14/2021 at 8:45 am. Tribal governments do not want to miss the upcoming deadlines of. NEPA does not apply to Treasury's administration of the Fund. No. No. Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. 10. Tribal Broadband Learning Community: Data Sovereignty . Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. 6. Costs of providing COVID-19 testing, including serological testing. The new COVID-19 relief bill include $31.2 billion for native communities and tribal governments. Do governments have to return unspent funds to Treasury? 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. Treasury has not developed a precise definition of what substantially dedicated means given that there is not a precise way to define this term across different employment types. 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. 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 $1.9 trillion American Rescue Plan Act allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. Yes. For example, the cost of a good that must be delivered in December in order to be available for use in January could be covered using payments from the Fund. The Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements do not apply to beneficiaries. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. An employer may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. Third COVID-19 Relief Bill Becomes Law (H.R. daily Federal Register on FederalRegister.gov will remain an unofficial 3. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? May funds be used to satisfy non-federal matching requirements under the Stafford Act? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. corresponding official PDF file on govinfo.gov. executive order. This means, for example, that a government could cover payroll expenses allocated on an hourly basis to employees' time dedicated to mitigating or responding to the COVID-19 public health emergency. 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. 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. a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. Expenses related to developing a long-term plan to reposition a recipient's convention and tourism industry and infrastructure would not be incurred due to the public health emergency and therefore may not be covered using payments from the Fund. No. and the frequently asked questions document dated October 19, 2020,[2] CRF Operation Connectivity Prior Purchase Reimbursement Program (PPRP) To request an application, or with any questions related to the CRF Operation Connectivity PPRP application process, email customerservice@teabulkorder.com, preferably between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday. 13. 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. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. This allows time for tribes to plan projects with potential for generational impacts. It has become clear that financial assistance is necessary to assist tribal families in coping with the burdens of these very difficult times.. on NARA's archives.gov. Rather, Treasury has interpreted this provision to exclude items that were already covered for their original use (or a substantially similar use). If the business has received a loan from the SBA that may be forgiven, the recipient should assume for purposes of determining the business' need that the loan will be forgiven. 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. 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. Your current subscription does not provide access to this content. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? Furthermore, the budget most recently approved as of March 27, 2020, provides the spending baseline against which expenditures should be compared for purposes of determining whether they may be covered using payments from the Fund. Subrecipients are subject to a single audit or program-specific audit pursuant to 2 CFR 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year. Eligible expenditures include, but are not limited to, payment for: 3. The law required $1 billion to be allocated equally among the federally recognized tribes, and the remaining $19 billion to be allocated according to a formula established by the U.S. Department of the Treasury (Treasury Department). Attorney Advertising. "The pandemic has been stressful for many of our community's families and individuals," concluded Tribal Chief Michael Conners. Are Fund payments to State, territorial, local, and tribal governments subject to the provisions of the Uniform Guidance applicable to grant agreements? Get an email notification whenever someone contributes to the discussion. Figure 5 shows our estimate of federal COVID-19-related funding that tribal governments will use for the administration of programs and to provide services. hbbd```b``v@$X( &H`@$ Vj` D:I v{Ha`bd]v# >U
Learn more here. For example, a State may expend Fund payments on necessary administrative expenses incurred with respect to a new grant program established to disburse amounts received from the Fund. 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)? Tribal COViD-19 DisasTer assisTanCe aPPliCaTiOn. COVID-19 Resource Hub; WA Equity Relief Fund for Nonprofits; News & Insights. What records must be kept by governments receiving payment? Listing of eligible units of local government. access for current print subscribers. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID19); 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. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. Payments to Tribal governments have been determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and Indian Tribes. This approach will ensure equitable treatment among local governments of all sizes. 004-2021 executive order related to navajo nation state of emergency due to the coronavirus; resuming services of navajo nation government offices and related entities 0
This document has been published in the Federal Register. Please note that these instructions are for Fund recipients to return the balance of unused Fund payments to Treasury. Please avoid obscene, vulgar, lewd, 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). Tuesday, March 21, 2023 . Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. of the issuing agency. documents in the last year, 26 To the extent that the relevant government official determines that these expenses are necessary and they meet the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance, these expenses are eligible. 2. Be Nice. The deadline to confirm or amend 2019 employment numbers is June 21, 2021. 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 9. 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. Use the PDF linked in the document sidebar for the official electronic format. Yes. Importantly, although the American Rescue Plan requires costs to be incurred by Dec. 31, 2024, the Treasury Department has interpreted "incurred" as meaning that FRF must be obligated by Dec. 31, 2024. 3. 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. High 67F. Remaining quarterly reports will cover one calendar quarter and must be submitted 30 days after the end of each calendar quarter. The Treasury Department will finalize the interim rules and continue to publish additional FAQs on FRF that will require monitoring. This particular nonexclusive example of an ineligible expenditure relates to public employees. The documents posted on this site are XML renditions of published Federal the official SGML-based PDF version on govinfo.gov, those relying on it for Please purchase a subscription to continue reading. 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. documents in the last year, 83 The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. The CARES Act established the Coronavirus Relief Fund (the Fund) and appropriated $150 billion to the Fund. Every adult tribal member is eligible for this assistance and eligibility is not based on household size. 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. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. 4. This spending baseline will carry forward to a subsequent budget year if a Fund recipient enters a different budget year between March 27, 2020 and December 31, 2021. The prohibition on payment for abortions and health benefits coverage that includes coverage of abortion does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. L. No. ELIGIBILITY CRITERIA Direct Submissions 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 the cost of this expanded workers compensation coverage eligible? 2.