(In other words, such costs would be eligible direct costs of the recipient). documents in the last year, 35 Given that it is not always possible to estimate with precision when a good or service will be needed, the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement contract specifying a time Start Printed Page 4184for delivery. 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. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000, in amounts equal to 45% of the local government's per capita share of the statewide allocation. 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. Yes. 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 . If the grant is being provided to the small business to assist with particular expenditures, the business must not have already used the PPP or EIDL loan or grant for those expenditures. Coronavirus Relief Fund program guidance. 29. Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. These can be useful Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. 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. a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. President Joe Biden signed the $1.9 trillion American Rescue Plan into law March 11 with Native American tribes receiving more than $31 billion the largest-ever investment to Native American. Within this category of substantially different uses, as stated in the Guidance above, Treasury has included payroll and benefits 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's Office of Inspector General has provided the following guidance in its FAQ no. 2. In general, no. Tribal governments do not want to miss the upcoming deadlines of. A unit of local government eligible for receipt of direct payment includes a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level with a population that exceeds 500,000. The rule involves a matter relating to public property, loans, grants, benefits, or contracts and is therefore exempt under the terms of the APA.Start Printed Page 4183. However, tribes must request the payment through the Treasury Department's portal. 1. Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. 10. Below is a summary of the permissible uses within each category as announced by the Treasury Department, but it is not an exhaustive list. The Treasury Department's guidance previewed several reporting requirements that tribes will need to satisfy as they spend FRF. The permissible uses are also subject to modification, as the Treasury Department may modify the Interim Final Rule and Frequently Asked Questions. Putting this requirement together with the other provisions discussed above, section 601(d) may be summarized as providing that a State, local, or tribal government may use payments from the Fund only to cover previously unbudgeted costs of necessary expenditures incurred due to the COVID-19 public health emergency during the covered period. The Treasury Department made clear during the consultations that tribes that fail to confirm or amend their 2019 employment numbers by June 21 will not receive a payment from the employment allocation. 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. Law and Justice. 4. If a government has transferred funds to another entity, from which entity would the Treasury Department seek to recoup the funds if they have not been used in a manner consistent with section 601(d) of the Social Security Act? 17. Coronavirus (COVID-19) has had visible impact on impoverished communities via lack of medical equipment / supplies and loss of basic resources, including food and water. Yes, payments from the Fund may be used to cover costs associated with providing distance learning (e.g., the cost of laptops to provide to students) or for in-person learning (e.g., the cost of acquiring personal protective equipment for students attending schools in-person or other costs associated with meeting Centers for Disease Control guidelines). 2605 et seq. May Fund payments be used to cover increased administrative leave costs of public employees who could not telework in the event of a stay at home order or a case of COVID-19 in the workplace? NEPA does not apply to Treasury's administration of the Fund. Avery Street A3-G, Fiscal Service Warehouse & Operations Center Dock 1, 257 Bosley Industrial Park Drive, Parkersburg WV 26106. 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. 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? 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. Email . 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. What records must be kept by governments receiving payment? This statutory structure was based on a recognition that it is more administratively feasible to rely on States, rather than the federal government, to manage the transfer of funds to smaller local governments. The final rule contains no requirements subject to the Paperwork Reduction Act. COVID-19 relief options Notice: We are unable to accept new applications for COVID-19 relief loans or grants. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. are not part of the published document itself. Guidance on Treatment of Alaska Native Corporations, Coronavirus Relief Fund Guidance as published in the Federal Register on January 15, 2021, Coronavirus Relief Fund Tribal Allocation Methodology, Payments to States and Eligible Units of Local Government, Tribal Employment and Expenditure Submission Instructions, Frequently Asked Questions on Tribal Population, Tribal Allocation Methodology for Second Distribution, Recipient Reporting and Record Retention Requirements, Interim Report of Costs Incurred by State and Local Recipients through June 30, Interim Report of Costs Incurred by the District of Columbia and Territories through June 30, Interim Report of Costs by Category Incurred by State and Local Recipients through June 30, Interim Report of Costs by Category Incurred by District of Columbia and Territories through June 30, Coronavirus Relief Fund Allocations to Tribal Governments, Disbursements to Alaska Native Corporations, CRF Guidance Revision Regarding Cost Incurred, Coronavirus Relief Fund Application of the Single Audit Act to Alaska Native Corporations (7/5/2022), Special Inspector General, Troubled Asset Relief Program (SIGTARP), Administrative Resource Center (ARC)- Bureau of the Fiscal Service. For complete information about, and access to, our official publications You have permission to edit this article. were incurred during the period that begins on March 1, 2020, and ends on December 31, 2022. B. Few details on the specific requirements are known at this time. On that date, the Treasury Department also released several key documents that address how FRF can be used. Chairman Andy Joseph, Jr. stated, We had all hoped to put the pandemic behind us, but that has not been the case. For example, a State received the minimum $1.25 billion allocation and had one county with a population over 500,000 that received $250 million directly. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law. As stated in the Guidance, 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. 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. 2020 COVID-19 Fisheries Assistance. Document Drafting Handbook 289g(b)). Workforce bonuses other than hazard pay or overtime. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? On September 2, 2020, Questions A.53-56 were added and Questions A.34 and A.38 were revised. 50. As previously stated in FAQ B.11, recipients are permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act, subject to the limitations set forth in 2 CFR 200.425. 26. On September 2, 2020, the Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees and Supplemental Guidance on Use of Funds to Cover Administrative Costs sections were added. Is there a specific definition of hazard pay? 748 CARES ACT signed into Law Stimulus Checks - Economic Impact Payment Info Center - Check your eligibility plus more FAQ 46. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? on Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. 12. 45. (Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. Are these types of public university student refunds eligible uses of Fund payments? Payments from the fund may only be used to cover such hazard pay. ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. documents in the last year, 981 34. Please log in, or sign up for a new account and purchase a subscription to continue reading. No. Virtual . 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. rendition of the daily Federal Register on FederalRegister.gov does not Our Mission & Vision; Board; Staff; . There will be light email coverage on . Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. 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. documents in the last year, 282 35. documents in the last year, 1411 publication in the future. Yes. The most recently approved budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. 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. What would qualify as a substantially different use for purposes of the Fund eligibility? Eligible local governments were required to submit the certification required by the CARES Act to Treasury by 11:59 pm Eastern Daylight Time on Friday, April 17 in order to receive payment. Third COVID-19 Relief Bill Becomes Law (H.R. According to the tribes information office, the amount received in the first of two allocations is identified as $50,966,838.27. In addition, if these conditions are met, the amount of the grant will be considered to have been used during the covered period for purposes of the requirement that expenses be incurred within the covered period. 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. 11. accounts, the history behind an article. As stated in the Guidance above, Treasury considers the requirement that payments from the Fund be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020, to be met 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. While every effort has been made to ensure that Treasury has made payments from the Fund to States and eligible units of local government; the District of Columbia and U.S. the current document as it appeared on Public Inspection on and services, go to 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. 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. documents in the last year. One year later, American Rescue Plan Act funds allocated $31 billion for infrastructure needs and other federal programs for . Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. hbbd```b``v@$X( &H`@$ Vj` D:I v{Ha`bd]v# >U You have permission to edit this article. No. Public Call Information: Dial: 800-437-2398 Conference ID: 8287097. read on federalregister.gov. acquiring computers and similar digital devices; acquiring and installing additional ventilation or other air filtering equipment; incurring additional transportation costs; or. 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. 4. 553(a). For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic. The CARES Act earmarked $8 billion dollars for relief payments to tribes across the country. The OFR/GPO partnership is committed to presenting accurate and reliable Treasury has provided examples as to what would constitute a substantially different use. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. documents in the last year, 26 May Fund payments be used for COVID-19 public health emergency recovery planning? Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. This page is for eligible state, local, territorial, and Tribal governments that are requesting Coronavirus State and Local Fiscal Recovery Funds. 48. The COVID-19 relief funds originate from the Biden-Harris Administration's landmark American Rescue Plan Act (ARP). Emergency medical response expenses, including emergency medical transportation, related to COVID-19. 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, 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. The guidance provides that funding may 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. documents in the last year, 513 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. Is the cost of this expanded workers compensation coverage eligible? 21. Four of the documents are specific to tribal governments, while the others apply to state, local and tribal governments. 9. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Out of the $31 billion that tribes will receive, $20 billion will focus on combating COVID-19 and stabilizing safety nets in tribal communities. 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).
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