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). 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. are not part of the published document itself. For example, a per capita payment to residents of a particular jurisdiction without an assessment of individual need would not be an appropriate use of payments from the Fund. Information contained in this alert is for the general education and knowledge of our readers. As discussed in FAQ A.29, hazard pay may be covered using payments from the Fund if it is provided for performing hazardous duty or work involving physical hardship that in each case is related to COVID-19. 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. While every effort has been made to ensure that Regardless of the use of Fund payments for such purposes, FEMA funding is still dependent on FEMA's determination of eligibility under the Stafford Act. 2. This Holland & Knight alert addresses the latest FRF developments, important deadlines and some key takeaways for tribal governments to consider as they decide how to prioritize their spending of these funds. Costs incurred for a substantially different use include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. 45. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. 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. Sorry, no promotional deals were found matching that code. Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. 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. 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. In the context of acquisitions of real estate and acquisitions of equipment, this means that the acquisition itself must be necessary. 5401 0 obj <> endobj 2020 COVID-19 Fisheries Assistance. on NARA's archives.gov. 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. The remaining 35 percent ($6.65 billion) will be allocated pro rata based on each tribe's total government and business employees. 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 Treasury Department will finalize the interim rules and continue to publish additional FAQs on FRF that will require monitoring. 03/03/2023, 159 Be Nice. 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? 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. Low 44F. 748) with a Historic $10 Billion in Direct Funding for Tribal Nations. A portion of such expenses may be able to be covered, however, as discussed below. 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. 39. Tribal governments do not want to miss the upcoming deadlines of. Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. Once the reduction in revenue is identified, tribes can use FRF with broad latitude to support government services. 05.11.20 Lankford Announces Continued Financial Support for Oklahoma Tribes Amid COVID-19 Pandemic. It is not an official legal edition of the Federal If a State makes a payment to an individual under the lost wages assistance program and later determines that such individual was ineligible for the program, the ineligibility determination has the following consequences: A grant made to cover interest and principal costs of a loan, including interest and principal due after the period that begins on March 1, 2020, and ends on December 31, 2021 (the covered period), will be considered to be incurred during the covered period if (i) the full amount of the loan is advanced to the borrower within the covered period and (ii) the proceeds of the loan are used by the borrower to cover expenses incurred during the covered period. The bulk of Coronavirus Relief Fund assistance was allocated to state governments, but . Provider Relief Fund payments are being disbursed via both "General" and "Targeted" Distributions. 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. Moreover, the laws of each jurisdiction are different and are constantly changing. 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. 5423 0 obj <>/Filter/FlateDecode/ID[<5F689BCC1EF8244F90DAC385661FF4B0><9322B044ED388A4896D8D2CCA536C7F2>]/Index[5401 34]/Info 5400 0 R/Length 109/Prev 351616/Root 5402 0 R/Size 5435/Type/XRef/W[1 3 1]>>stream The Rosebud Sioux Tribe is planning how to use the expected funds. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. Check receipts (not preferred)Checks may be sent to one of the following addresses (depending on the method of delivery). endstream endobj startxref 3. offers a preview of documents scheduled to appear in the next day's Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. COVID-19 Resource Hub; WA Equity Relief Fund for Nonprofits; News & Insights. As discussed in the Guidance above, the CARES Act provides that payments from the Fund must be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. You will need to be able to document your claim. May a State impose restrictions on transfers of funds to local governments? endstream endobj 5402 0 obj <. The federal coronavirus relief package, known as the American Rescue Plan, which took effect in March, earmarked $20 billion for tribal governments an unprecedented federal investment in . 43. 13. For the full text of these requirements, see Title V of Pubic Law 116-94 (133 Stat. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? 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. Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. 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. 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. 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. 1. The US Congress passed and President Biden signed the Act, which included an. documents in the last year, by the Coast Guard The CARES Act established the $150 billion Coronavirus Relief Fund. May funds be used to satisfy non-federal matching requirements under the Stafford Act? The tribes executive and legislative branches are working together to form a plan to best utilize the funds to benefit tribal members through programs and services, according to Neely Tsoodle, tribe information officer. Furthermore, if a Fund recipient uses the presumption with respect to a school, any other Fund recipients providing aid to that school may not use the Fund to cover the costs of additional aid to schools other than with respect to the specific costs listed above. %%EOF Do not send any privileged or confidential information to the firm through this website. The PEAF provides funding to states (which includes the District of Columbia), tribes administering a TANF program, and five U.S. territories[1] to assist needy families impacted by the Coronavirus Disease 2019 (COVID-19) pandemic. 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. 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. $1.99 You have permission to edit this article. 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. 37. But COVID-19 cases are hitting record highs throughout the state. No. Payroll includes certain hazard pay and overtime, but not workforce bonuses. Is the cost of this expanded workers compensation coverage eligible? Public universities have incurred expenses associated with providing refunds to students for education-related expenses, including tuition, room and board, meal plans, and other fees (such as activities fees). For instance, in the case of a lease of equipment or other property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have been incurred for the period of the lease that is within the covered period but not otherwise. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. Tribes have broad discretion and substantial time to use FRF, allowing for strategic planning and projects with long-term impacts. On that date, the Treasury Department also released several key documents that address how FRF can be used. Copyright 19962023 Holland & Knight LLP. documents in the last year, 853 At what point would costs be considered to be incurred in the case of a grant made by a State, local, or tribal government to cover interest and principal amounts of a loan, such as might be provided as part of a small business assistance program in which the loan is made by a private institution? Yes, expenses associated with contact tracing are eligible.Start Printed Page 4189. 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. the Federal Register. If you are using public inspection listings for legal research, you 10:00am to 11:30am PDT . 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 29. 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. and the frequently asked questions document dated October 19, 2020,[2] Overview. 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. Re: HHS-CCDF CRRSA: Use of Funds- Child Care and Development Fund (CCDF) Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSA) Funds . Treasury is pleased to accept requests for Coronavirus State and Local Fiscal Recovery Funds. 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. No. Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. More information and documentation can be found in our Learn more about PPP COVID-19 EIDL This low-interest loan provides help to businesses experiencing revenue loss. Out of the $31 billion that tribes will receive, $20 billion will focus on combating COVID-19 and stabilizing safety nets in tribal communities. acquiring computers and similar digital devices; acquiring and installing additional ventilation or other air filtering equipment; incurring additional transportation costs; or. 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). 1302(a). Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in each case that is related to COVID-19. 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. Please avoid obscene, vulgar, lewd, 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. With respect to personnel expenses, though the Fund was not intended to be used to cover government payroll expenses generally, the Fund was intended to provide assistance to address increased expenses, such as the expense of hiring new personnel as needed to assist with the government's response to the public health emergency and to allow recipients facing budget pressures not to have to lay off or furlough employees who would be needed to assist with that purpose. These provisions do not restrict the ability of a managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). 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. Until the ACFR grants it official status, the XML the material on FederalRegister.gov is accurately displayed, consistent with The $1.9 trillion American Rescue Plan Act allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. On May 7, 2020, the Secretary of Commerce announced the allocation of $300 million in fisheries assistance funding provided by Sec. staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. Register (ACFR) issues a regulation granting it official legal status. With the new delta variant of the COVID-19 virus, our cases of the disease are as bad as they have ever been. Accordingly, the lost revenue/government services category is the broadest and most flexible. On October 19, 2020, Questions A.57-59 and B.13 were added and Questions A.42, 49, and 53 were revised. 6. Avery Street A3-G, Fiscal Service Warehouse & Operations Center Dock 1, 257 Bosley Industrial Park Drive, Parkersburg WV 26106. How the fund developed during the pandemic. No. 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. 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. documents in the last year, 36 553 do not apply to the extent that there is involved . 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. The U.S. Department of the Treasury has recently announced how it will allocate these funds among tribes and provided guidance on how these funds can be used. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. 41. 19. 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 Marie. The deadline to request funding for the first payment is June 7, 2021. However, general infrastructure spending may be allowed under another category of FRF (e.g., government services). 1503 & 1507. In addition, because State A is availing itself of the $500 per elementary and secondary school student presumption, State A also may use Fund payments to expand broadband capacity and to hire new teachers, but it may not use Fund payments to acquire additional furniture. 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. Speeding the recovery of the tourism, travel and hospitality sectors. $290 million was allocated directly to First . each of which was published on Treasury's website, except for the following changes. Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Start Printed Page 4188Act. Click "accept" below to confirm that you have read and understand this notice. 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. May Fund payments be used to cover such an employee's entire payroll cost or just the portion of time spent on mitigating or responding to the COVID-19 public health emergency? The disaster declaration for the Colville Tribes and the resulting agreement are the first in FEMA Region 10, as tribes previously were required to seek federal disaster aid through a state declaration. Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. 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. PLEASE TURN OFF YOUR CAPS LOCK. 3. The purpose of the Montana Homeowner Assistance Fund, in accordance with federal legislation and U.S. Treasury guidance, is to mitigate financial hardships associated with the coronavirus pandemic by providing funds to prevent homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements . Officials said states and. 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. Recipients will need to consider the applicable restrictions and limitations of such other sources of funding. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. Sault Ste. 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). Threats of harming another 5. [3], 3. documents in the last year, 940 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. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? RELIEF FUND. May Fund payments be used to assist impacted property owners with the payment of their property taxes? The final rule contains no requirements subject to the Paperwork Reduction Act. 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. 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. Funds are available to reimburse districts for a 25% share of costs associated with personal protective equipment (PPE) and medical and cleaning supplies for school buildings and . 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. 4. Territories (the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments (collectively governments). Enhanced Federal Match for Medicaid Programs. 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. 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. 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.

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