If the cost of an employee was allocated to administrative leave to a greater extent than was expected, the cost of such administrative leave may be covered using payments from the Fund. 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. a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. 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. 10. Avery Street A3-G, Bureau of the Fiscal Service, P.O. This would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting 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. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. Fund payments are not required to be used as the source of funding of last resort. The direct recipient of payments from the Fund is ultimately responsible for compliance with this limitation on use of payments from the Fund. Every adult tribal member is eligible for this assistance and eligibility is not based on household size. Section 601(f)(2) of the Social Security Act, as added by section 5001(a) of the CARES Act, provides for recoupment by the Department of the Treasury of amounts received from the Fund that have not been used in a manner consistent with section 601(d) of the Social Security Act. documents in the last year, 981 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. Payments from the fund may only be used to cover such hazard pay. With more than 100 cases of COVID-19 identified on the . However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase Start Printed Page 4190COVID-19 treatment capacity or improve mitigation measures, including related construction costs. If a government deposits Fund payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. 42 U.S.C.
The second payment will include the pro rata share of the employment allocation for each tribal government that confirms or amends its 2019 employment numbers. This position reflects the statutory intent discussed above: the Fund was intended to be used to help governments address the public health emergency both by providing funds for incremental expenses (such as hazard pay related to COVID-19) and to allow governments not to have to furlough or lay off employees needed to address the public health emergency but was not intended to provide across-the-board budget support (as would be the case if hazard pay regardless of its relation to COVID-19 or workforce bonuses were permitted to be covered using payments from the Fund). 43. 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. Questions Related to Administration of Fund Payments. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? 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? Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Thus the cost of a good or service received during the covered period will not be considered eligible under section 601(d) if there is no need for receipt until after the covered period has expired. 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). May Fund payments be used for COVID-19 public health emergency recovery planning? Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. to the courts under 44 U.S.C. 44. If a Fund recipient avails itself of the presumption in accordance with the previous paragraph with respect to a school, the recipient may not also cover the costs of additional re-opening aid to that school other than those associated with the following, in each case for the purpose of addressing COVID-19: Across all levels of government, the presumption is limited to $500 per student, e.g., if a school is funded by a state and a local government, the presumption claimed by each recipient must add up to no more than $500. Goods delivered in the covered period need not be used during the covered period in all cases. Share with Us. President Biden's $1.9 trillion relief package provides $31 billion for tribal nations and Indigenous people to address longstanding problems like poor health care. Register (ACFR) issues a regulation granting it official legal status. Projects supported with payments from the Fund may still be subject to NEPA review if they are also funded by other federal financial assistance programs. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. In the context of acquisitions of real estate and acquisitions of equipment, this means that the acquisition itself must be necessary. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. 34. 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. 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? 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. 9. 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? Chairman Andy Joseph, Jr. stated, We had all hoped to put the pandemic behind us, but that has not been the case. The Treasury Department's guidance provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. Are States permitted to use Fund payments to support state unemployment insurance funds generally? edition of the Federal Register. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. documents in the last year. 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.
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. on 75 on reporting and recordkeeping that would apply to the recipient: The prime recipient is responsible for determining the level and detail of documentation needed from the sub-recipient of small business assistance to satisfy [the requirements of section 601(d) of the Social Security Act], however, there would need to be some proof that the small business was impacted by the public health emergency and was thus eligible for the CRF funds. (Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. 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. 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. Sorry, no promotional deals were found matching that code. This guidance reflects the intent behind the Fund, which was not to provide general fiscal assistance to state governments but rather to assist them with COVID-19-related necessary expenditures. Treasury made payments beginning on May 5, 2020, based on population to all Tribal governments submitting correct payment information, other than Alaska Native corporations, and made payments beginning on June 12, 2020, based on employment and expenditures to Tribal governments that received payments based on population and that provided supplemental information before established deadlines. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. 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. Don't Threaten. Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. 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. 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). 1. 30. 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 . However, such a program should be structured in such a manner as will ensure that such assistance is determined to be necessary in response to the COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law. The US Congress passed and President Biden signed the Act, which included an. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. A recipient may use payments from the Fund to purchase a durable good that is to be used during the current period and in subsequent periods if the acquisition in the covered period was necessary due to the public health emergency. the material on FederalRegister.gov is accurately displayed, consistent with 5434 0 obj
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For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. 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? No payments from the Fund may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors. Are States permitted to use Coronavirus Relief Fund payments to satisfy non-federal matching requirements under the Stafford Act, including lost wages assistance authorized by the Presidential Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019 (August 8, 2020)? Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? This site displays a prototype of a Web 2.0 version of the daily The first quarterly report will cover from date FRF is received to Sept. 30, 2021. May a State impose restrictions on transfers of funds to local governments? For additional information or questions on FRF or the American Rescue Plan, please contact the authors or another member of the Native American Law Team. 5423 0 obj
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10:00am to 11:30am PDT . 116-260 (Dec. 27, 2020), Budget, Financial Reporting, Planning and Performance, Financial Markets, Financial Institutions, and Fiscal Service, Treasury Coupon-Issue and Corporate Bond Yield Curve, Treasury International Capital (TIC) System, Kline-Miller Multiemployer Pension Reform Act of 2014, Taxpayers Will See Improved Service This Filing Season Thanks to Inflation Reduction Act, Disparities in the Benefits of Tax Expenditures by Race and Ethnicity, Racial Differences in Economic Security: Non-Housing Assets, Treasury Sanctions People Involved in Serious Human Rights Abuse Against Vladimir Kara-Murza, Treasury Announces Approval of Up to $890.7 Million to Support Small Business Success Across Three States, Treasury Sanctions CJNG-Run Timeshare Fraud Network. Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. 7. Pursuant to that provision of the Uniform Guidance, recipients and subrecipients subject to the Single Audit Act may use payments from the Fund to cover a reasonably proportionate share of the costs of audits attributable to the Fund. Click "accept" below to confirm that you have read and understand this notice. documents in the last year, 35 Both grants provide funding to respond to the COVID-19 outbreak and the impacts of the COVID-19 outbreak. 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. Re: HHS-CCDF CRRSA: Use of Funds- Child Care and Development Fund (CCDF) Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA) Funds . 13. 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. include documents scheduled for later issues, at the request However, tribes must request the payment through the Treasury Department's portal. 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. Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. These tools are designed to help you understand the official document 49. documents in the last year, by the Nuclear Regulatory Commission May payments from the Fund be used to cover across-the-board hazard pay for employees working during a state of emergency? The Guidance provides that ineligible expenditures include [p]ayroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Is this intended to relate only to public employees? Regardless of how the assistance is structured, the financial assistance provided would have to be related to COVID-19. 14. The $1.9 trillion American Rescue Plan Act allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. . 32. 15. and services, go to Eligible expenditures include, but are not limited to, payment for: 3. Please purchase a subscription to continue reading. for 30 days, Free
As noted previously on Treasury's website, on August 10, 2020, the frequently asked questions were revised to add Questions A.49-52. Third COVID-19 Relief Bill Becomes Law (H.R. The Interim Final Rule prescribes the methodology to be used, and compares actual revenue to anticipated revenue in 2020, 2021, 2022 and 2023. No. 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 Of particular relevance for the Fund, payments may not be expended for an abortion, for health benefits coveragemeaning a package of services covered by a managed health care provider or organization pursuant to a contract or other arrangementthat includes coverage of abortion, for the creation of a human embryo or embryos for research purposes, or for research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and 42 U.S.C. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. 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. Treasury's Office of Inspector General has provided the following guidance in its FAQ no. The Treasury Department will release the FRF allocations to tribes in two tranches, the first in May and the second in June. 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. 03/03/2023, 159 Tribal governments may use FRF to provide government services to the extent of the tribe's reduction in revenue experienced because of the COVID-19 public health emergency. Similar to state and local governments, tribal governments are eligible for CRF funds . 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. 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). PINT - Plasma In Need for Transfusion , a non-profit organization and online platform helping COVID-19 patients in need of convalescent plasma find and match with donors, quicker and more efficiently. Tribe ATG Final Distribution Welfare Assistance CV Distribution ALASKA Afognak 218,806 4,158 ALASKA Agdaagux Tribe of King Cove 437,612 8,391 ALASKA Akhiok . This includes, but is not limited to, costs related to disbursing payments from the Fund and managing new grant programs established using payments from the Fund. 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. person will not be tolerated. rendition of the daily Federal Register on FederalRegister.gov does not We, at the Rosebud Sioux Tribe, have been addressing the COVID-19 pandemic since its inception in the US. But COVID-19 cases are hitting record highs throughout the state. 55. Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. Court Records; Reporting Fraud; Alternative Courts; Reporting Crimes; Resolving Ordinance Violations; Open and Participatory Government. 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. The Public Inspection page may also State A does not need to document the specific use of the Fund payments by the school districts within the State. She said the tribe will assess peoples needs through a survey engagement to be distributed through communication and the media before a plan is finalized. The Secretary of the Treasury has adopted this guidance for recipients of payments from the Fund pursuant to his authority under the Social Security Act to adopt rules and regulations as may be necessary to the efficient administration of the functions with which he is charged under the Social Security Act. This allows time for tribes to plan projects with potential for generational impacts. acquiring computers and similar digital devices; acquiring and installing additional ventilation or other air filtering equipment; incurring additional transportation costs; or. 5. 25. What are the differences between a subrecipient and a beneficiary under the Fund for purposes of the Single Audit Act and, https://www.federalregister.gov/d/2021-00827, MODS: Government Publishing Office metadata, https://www.irs.gov/newsroom/cares-act-coronavirus-relief-fund-frequently-asked-questions, https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf, https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf, Originator to Beneficiary InformationLine 1, Originator to Beneficiary InformationLine 2, Originator to Beneficiary InformationLine 3, Originator to Beneficiary InformationLine 4. 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. 6. The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. 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 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. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. by the Foreign Assets Control Office 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. 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? 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. If you are using public inspection listings for legal research, you endstream
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<. documents in the last year, by the Coast Guard May a State receiving a payment transfer funds to a local government? 1. Yes, expenses associated with contact tracing are eligible.Start Printed Page 4189. Yes. See Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act and as amended by section 1001 of Division N of the Consolidated Appropriations Act, 2021. Such expenditures would only be permissible if they are necessary for the public health emergency. endstream
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Costs of providing COVID-19 testing, including serological testing. After receiving feedback from tribal leaders through formal consultations and comment letters, the Treasury Department announced that it will allocate the $19 billion based on tribal enrollment and employment numbers. The interim report will include a summary of the tribal government's expenditures by category from date FRF is received to July 31, 2021. If the responsible government official determines that expenses incurred to refund eligible higher education expenses are necessary and would be incurred due to the public health emergency, then such expenses would be eligible as long as the expenses satisfy the other criteria set forth in section 601(d) of the Social Security Act. Assistance to households to support internet access or digital literacy. 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. 48. 3. 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] Federal Register. 11. (In other words, such costs would be eligible direct costs of the recipient). May governments retain assets purchased with payments from the Fund? 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. 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. 13. The Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. Although tribal governments have an additional two years to utilize FRF, the Treasury Department also clarified that FRF generally cannot be spent retroactively. 2. 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. Yes. The Administrative Procedure Act (APA) provides that the notice, public comment, and delayed effective date requirements of 5 U.S.C. Kiowa Tribe approved for COVID relief funds, Beaucoup bags of drugs lands Lawton woman in jail, 1 killed, suspect detained after shooting in Lawton, LEDC played role in recruiting new refinery to Lawton, Lawton police release name of shooting victim, Big meth, fentanyl bust nets Lawton man felony charges, Hammer killing allegations bind Lawton woman over for trial, Geronimo man accused of 'axing' for trouble with break-in, Refinery would provide safe method of refining cobalt, officials say, Fatal hit-and-run wreck leads to charges for Lawton man.