14. 44. Below is a summary of the permissible uses within each category as announced by the Treasury Department, but it is not an exhaustive list. Although tribal governments have an additional two years to utilize FRF, the Treasury Department also clarified that FRF generally cannot be spent retroactively. Four of the documents are specific to tribal governments, while the others apply to state, local and tribal governments. Retroactive spending is permissible for this category, meaning essential workers could receive premium pay for hours worked during the duration of the COVID-19 pandemic. 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. COVID-19-related expenses of public hospitals, clinics, and similar facilities. 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. from 36 agencies. The American Rescue Plan provides that FRF must be used for the following costs incurred by Dec. 31, 2024: On May 10, 2021, The Treasury Department issued several documents related to the implementation and administration of FRF. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2 CFR part 200, subpart F re: audit requirements. Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. 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. The Public Inspection page may also 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. Copyright 19962023 Holland & Knight LLP. 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. You can email him at: scott.rains@swoknews.com. Get an email notification whenever someone contributes to the discussion. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. You have permission to edit this article. Every adult tribal member is eligible for this assistance and eligibility is not based on household size. 1503 & 1507. 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. Avery Street A3-G, Bureau of the Fiscal Service, P.O. 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. 10. 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. The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. This guidance applies in a like manner to costs of subrecipients. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Yes. 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. 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 . 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. 17. 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. The first payments will be distributed on October 4, 2021 and the second payments will be distributed on January 7th, 2022. 46. on NARA's archives.gov. The funding supports states, tribes, and territories with coastal and marine fishery . Fedwire receiptsTreasury can accept Fedwire payments for the return of funds to Treasury. Similarly, in recognition of the likelihood of supply chain disruptions and increased demand for certain goods and services during the COVID-19 public health emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services by December 31, 2021, the failure of a vendor to complete delivery or services by December 31, 2021, will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or services if the delay is due to circumstances beyond the recipient's control. How does a government determine whether payroll expenses for a given employee satisfy the substantially dedicated condition? Information about this document as published in the Federal Register. 03/03/2023, 266 It is not an official legal edition of the Federal The CFDA number assigned to the Fund is 21.019. Are Fund payments considered federal financial assistance for purposes of the Single Audit Act? 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). 1302(a). documents in the last year, 1411 Expenses for public safety measures undertaken in response to COVID-19. Please purchase a subscription to continue reading. 05.11.20 Lankford Announces Continued Financial Support for Oklahoma Tribes Amid COVID-19 Pandemic. One key part of the CARES Act was the Coronavirus Relief Fund, which provided $150 billion in direct federal fiscal support to governments in states, territories, and tribal areas to cover expenditures incurred due to the COVID-19 public health emergency. No. The CARES Act provides that payments from the Fund may only be used to cover costs that. 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. 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 We'd love to hear eyewitness The funding covers up to 75% of the total project costs. 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. May a State receiving a payment transfer funds to a local government? The deadline to confirm or amend 2019 employment numbers is June 21, 2021. Yes, non-profits may be used to distribute assistance. 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. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. Payments from the fund may only be used to cover such hazard pay. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. 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. Register, and does not replace the official print version or the official documents in the last year, 940 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. 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. Yes, expenses associated with contact tracing are eligible.Start Printed Page 4189. 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. The lost wages assistance payment to the ineligible individual would be deemed to be an ineligible. 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. executive order. 45. The Start Printed Page 4193spending baseline may be carried forward without adjustment for inflation. Accordingly, it is very important that tribes spend FRF consistent with law and the Treasury Department's guidance. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Fund payments are subject to the following requirements in the Uniform Guidance (2 CFR part 200): 2 CFR 200.303 regarding internal controls, 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. Learn more here. 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). As provided in FAQ A.47, a State, local, or tribal government 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. 10. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. 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. Are these types of public university student refunds eligible uses of Fund payments? 007-2021 navajo nation state of emergency; mandating covid-19 vaccinations for navajo nation employees; executive order no. 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 . For example, if an administrative cost is already being covered as a direct or indirect cost pursuant to another federal grant, the Fund may not be used to cover that cost. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. Guidance on eligible uses of Fund disbursements by governments is available below. 58. The first payment will include 1) an amount in respect of the $1 billion allocation that is to be divided equally among eligible tribal governments, and 2) the tribal government's pro rata share of the allocation based on enrollment. . The Interim Final Rule prescribes the methodology to be used, and compares actual revenue to anticipated revenue in 2020, 2021, 2022 and 2023. Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to the public health emergency. 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. Is there a specific definition of hazard pay? Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act, discussed below. Promoting healthy childhood environments, including new or expanded high-quality childcare, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. 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. This allows time for tribes to plan projects with potential for generational impacts. Third COVID-19 Relief Bill Becomes Law (H.R. Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. on 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. 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. No. documents in the last year, 11 To what extent may a government use Fund payments to support the operations of private hospitals? 7. Box 1328, Parkersburg, WV 26106-1328. 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. 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. 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. If a State determines that expanding meat processing capacity, including by paying overtime to USDA meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance. Treasury has provided examples as to what would constitute a substantially different use. 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. Register documents. 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. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? The CARES Act also requires that payments be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. Learn more about PPP COVID-19 EIDL This low-interest loan provides help to businesses experiencing revenue loss. Commerce manages the following grants to the 29 federally recognized Tribes in the state to bolster their response to the COVID-19 pandemic: $10 million state Disaster Relief Funds: COVID-19 Emergency Response Grant for Tribal Governments. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. 03/03/2023, 1465 hbbd```b``v@$X( &H`@$ Vj` D:I v{Ha`bd]v# >U Tribes will need to be strategic about which funding source to use for each project. RELIEF FUND. Section 1001 of Division N of the Consolidated Appropriations Act, 2021 amended section 601(d)(3) of the Social Security Act by extending the end of the covered period for Coronavirus Relief Fund expenditures from December 30, 2020 to December 31, 2021. 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. As discussed above, governments may allocate payroll and benefits of such employees with respect to time worked on COVID-19-related matters. A few highlights of what's included in the package: Creates a $150 billion Coronavirus Relief Fund for state, local and tribal governments. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: 5. The American Rescue Plan allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. 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). This guidance primarily concerns the use of payments from the Fund set forth in section 601(d) of the Social Security Act.

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