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)? 102-477 Plan and intends to provide the following services in accordance with its approved 477 A recipient would not be permitted to pay for payroll or benefit expenses of private employees and any financial assistance (such as grants or short-term loans) to private employers are not subject to the restriction that the private employers' employees must be substantially dedicated to mitigating or responding to the COVID-19 public health emergency. No. 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. Along with being the columnist of Soundemonium Musaic, Scott Rains is also a police, fire, Native Affairs and roller derby reporter for The Lawton Constitution. 29. for 30 days, Free informational resource until the Administrative Committee of the Federal The deadline to request funding for the first payment is June 7, 2021. Such an expense would include, for example, expenses incurred to comply with the Single Audit Act and reporting and recordkeeping requirements imposed by the Office of Inspector General. The Treasury Department will release additional guidance on reporting requirements at a later date. Remarks by Under Secretary for Domestic Finance Nellie Liang During Workshop on Next Steps to the Future of Money and Payments, Remarks by Secretary of the Treasury Janet L. Yellen at Bilateral Meeting with Prime Minister of Ukraine Denys Shmyhal, RT @TreasuryDepSec: For the past two years, the Biden-Harris Administration has committed itself to strengthening its relationship with Tri, RT @UnderSecTFI: Today the US Treasury sanctioned companies involved in timeshare fraud by the CJNG, which is used to generate revenue for, Form 941, employer's quarterly federal tax return, Assistance for State, Local, and Tribal Governments, Assistance for American Families and Workers, Local Assistance and Tribal Consistency Fund, [NEW] CRF Guidance Revision Regarding Cost Incurred (12/14/2021), Coronavirus Relief Fund Tribal Extension Notice. corresponding official PDF file on govinfo.gov. Paycheck Protection Program This forgivable loan helps keep your workforce employed. For example, Treasury's initial guidance referenced coverage of the costs of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs, as an eligible use of funds. The Guidance provides that expenses associated with the provision of economic support in connection with the public health emergency, such as expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures, would constitute eligible expenditures of Fund payments. We are working alongside our partners at the local, state and national levels to actively provide updates and information for Chickasaws, employees, the public . 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. establishing the XML-based Federal Register as an ACFR-sanctioned The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. What would qualify as a substantially different use for purposes of the Fund eligibility? Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? Tuesday, March 21, 2023 . documents in the last year, 35 Yes. How does a government address the requirement that the allowable expenditures are not accounted for in the budget most recently approved as of March 27, 2020, once the government enters its new budget year on July 1, 2020 (for governments with June 30 fiscal year ends) or October 1, 2020 (for governments with September 30 year ends)? These are Covid-19@oneidanation.org and (920) 869-4481. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social Security Act outlined in the Guidance. The Treasury Inspector General could perform audits and retains the right to recoup FRF that is unspent or improperly used. If the business has received a loan from the SBA that may be forgiven, the recipient should assume for purposes of determining the business' need that the loan will be forgiven. 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. 47. 33. No. The final rule contains no requirements subject to the Paperwork Reduction Act. The first quarterly report will cover from date FRF is received to Sept. 30, 2021. Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. Yes. executive order no. Sault Tribe allocates $125M in American Rescue Plan funds The tribe is issuing member relief at $2,000 for each and every tribal member everywhere and for all ages. that agencies use to create their documents. Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise. Until the ACFR grants it official status, the XML This may include, for example, a grant program to benefit small businesses that close voluntarily to promote social distancing measures or that are affected by decreased customer demand as a result of the COVID-19 public health emergency. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. Tenants who receive public assistance or are very low income - $25,760 annual income for an individual or $53,000 for a family of four - can access a lawyer for free during eviction proceedings. Assistance to households to support internet access or digital literacy. 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. 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? On October 19, 2020, Questions A.57-59 and B.13 were added and Questions A.42, 49, and 53 were revised. The Treasury Department's guidance provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. 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. access for current print subscribers. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. 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. 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. Third COVID-19 Relief Bill Becomes Law (H.R. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? the current document as it appeared on Public Inspection on As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. Although FRF is a substantial capital infusion, tribes should not lose track of other potential sources of funding through the American Rescue Plan and other legislative packages that may be passed this year. 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. Please see Treasury Office of Inspector General FAQs at https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf regarding reporting in the GrantSolutions portal. Upon further consideration and informed by an understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be considered to have been incurred, performance or delivery must occur during the covered period but payment of funds need not be made during that time (though it is generally expected that this will take place within 90 days of a cost being incurred). 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. executive order. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Few details on the specific requirements are known at this time. The funding covers up to 75% of the total project costs. The CFDA number assigned to the Fund is 21.019. These may include expenditures incurred to allow the State, territorial, local, or Tribal government to respond directly to the emergency, such as by addressing medical or public health needs, as well as expenditures incurred to respond to second-order effects of the emergency, such as by providing economic support to those suffering from employment or business interruptions due to COVID-19-related business closures. 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. Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the recipient has expended funds to cover the cost. 8. Keep it Clean. 53. L. No. Moreover, the laws of each jurisdiction are different and are constantly changing. 7. Data Sovereignty. However, tribes must request the payment through the Treasury Department's portal. Four of the documents are specific to tribal governments, while the others apply to state, local and tribal governments. 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. Promotional Rates were found for your code. 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. The COVID-19 pandemic is one of the worst health and economic crises in modern history and it continues to require the best of humanity to overcome. This feature is not available for this document. 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. Through the Coronavirus Relief Fund, the CARES Act provided payments to state, local, and tribal governments navigating the impact of the COVID-19 outbreak. Click "accept" below to confirm that you have read and understand this notice. Recipients may not apply their indirect costs rates to payments received from the Fund. Email: admin@pintnetwork.com. on FederalRegister.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. Such expenditures would only be permissible if they are necessary for the public health emergency. 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). 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. The reports will include the same general data (e.g., obligations, expenditures, contracts, grants and sub-awards). 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. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? Any such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. The Public Inspection page Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. These classes of employees include 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. Stephen T. Milligan, Deputy Assistant General Counsel (Banking & Finance), 202-622-4051. The documents are linked individually below and can also be accessed on the Treasury Department's website. Winds ENE at 5 to 10 mph. 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. A centralized phone number and email have been activated where all questions about the Nation's precautionary measures, that are not health-related, can be directed. 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. documents in the last year, 20 The documents posted on this site are XML renditions of published Federal The American Rescue Plan allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. The CARES Act established the Coronavirus Relief Fund (the Fund) and appropriated $150 billion to the Fund. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. Fiscal Accounting Program, Admin & Training Group. endstream endobj 5402 0 obj <. 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. has no substantive legal effect. 55. Please see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget most recently approved as of March 27, 2020. Tribes will need to be strategic about which funding source to use for each project. Federal Register issue. There will be light email coverage on . This table of contents is a navigational tool, processed from the Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. Tribes do not need to resubmit this information in order to receive a payment. a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. 24. Are Fund payments to State, territorial, local, and tribal governments subject to the provisions of the Uniform Guidance applicable to grant agreements? Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. Do governments have to return unspent funds to Treasury? Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? Treasury has revised the guidance on CRF to provide that a cost associated with a necessary expenditure incurred due to the public health emergency shall be considered to have been incurred by December 31, 2022, if the recipient has incurred an obligation with respect to such cost by December 31, 2022. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. Event details. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. This provides tribal governments an additional two years to use FRF. Sorry, no promotional deals were found matching that code. Recipients may, if they meet the conditions specified in the guidance for tracking time consistently across a department, use payments from the Fund to cover the portion of payroll and benefits of employees corresponding to time spent on administrative work necessary due to the COVID-19 public health emergency. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Be Nice. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? 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 repetition of headings to form internal navigation links (In other words, such costs would be eligible direct costs of the recipient). For the first payment, the Treasury Department will use self-certified enrollment numbers submitted to the Bureau of Indian Affairs in April 2021. 1. The CARES Act earmarked $8 billion dollars for relief payments to tribes across the country. States and local governments will have significant leeway in deciding how to spend the $350 billion in Covid-19 relief funds, according to the Treasury Department. NORTHWEST Colville Confederated Tribes 1,750,446 103,183 NORTHWEST Coos, Lower Umpqua and Siuslaw Confederated Tribes 718,933 13,209 NORTHWEST Coquille Indian Tribe May funds be used to satisfy non-federal matching requirements under the Stafford Act? The calculation assumes at least 4.1 percent growth annually. Email . This means that, whereas payroll and benefits of an employee who is substantially dedicated to mitigating or responding to the COVID-19 public health emergency may generally be covered in full using payments from the Fund, hazard pay specifically may only be covered to the extent it is related to COVID-19. May Fund payments be used for COVID-19 public health emergency recovery planning? Current Print Subscribers will be prompted to either login to their current site user account or to create a new one. The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. the material on FederalRegister.gov is accurately displayed, consistent with A vaccination site on the. 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. 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. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? May Fund payments be provided to non-profits for distribution to individuals in need of financial assistance, such as rent relief? legal research should verify their results against an official edition of 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government; and, 3. were incurred during the period that begins on March 1, 2020, and ends on December 31, 2021.[1]. Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. 8. 7/16/2020 Cheyenne and Arapaho Tribes received a total of $63.4 million in COVID-19 relief funds 7/2/2020 COVID-19 continues to spread across the state of Oklahoma 6/30/2020 Third Amended Executive Order 2020-02 5/28/2020 Judicial Branch's Updated Response to COVID-19 and Phased Reopening 5/27/2020 Executive Branch Amended Executive Order 2020-02 But COVID-19 cases are hitting record highs throughout the state. Yes. Except for premium pay to essential workers, the Treasury Department's Interim Final Rule states that FRF cannot be used for costs incurred prior to March 3, 2021. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. 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. 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. 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. 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 Open for Comment, Russian Harmful Foreign Activities Sanctions, Economic Sanctions & Foreign Assets Control, Fisheries of the Northeastern United States, National Oceanic and Atmospheric Administration, Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments, Necessary Expenditures Incurred Due to the Public Health Emergency, Costs Not Accounted for in the Budget Most Recently Approved as of March 27, 2020, Costs Incurred During the Period That Begins on March 1, 2020, and Ends on December 31, 2021, Nonexclusive Examples of Eligible Expenditures, Nonexclusive Examples of Ineligible Expenditures, Supplemental Guidance on Use of Funds To Cover Payroll and Benefits of Public Employees, Supplemental Guidance on Use of Funds To Cover Administrative Costs, Instructions for State, Territorial, Local, and Tribal Governments To Return Unused Coronavirus Relief Fund Payments to the Department of the Treasury. Document page views are updated periodically throughout the day and are cumulative counts for this document. Must a stay-at-home order or other public health mandate be in effect in order for a government to provide assistance to small businesses using payments from the Fund? $290 million was allocated directly to First . As of June 17, 2020, all payments based on employment and expenditure data, other than payment of amounts allocated to Alaska Native corporations, have been made. This guidance primarily concerns the use of payments from the Fund set forth in section 601(d) of the Social Security Act. 2605 et seq. May payments from the Fund be used for real property acquisition and improvements and to purchase equipment to address the COVID-19 public health emergency? The Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. 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. The bulk of Coronavirus Relief Fund assistance was allocated to state governments, but . The COVID-19 Testing Site can be reached at (920) 819-8350 and the hours are 8:00 AM - 4:30 PM. As provided in the Guidance, 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. 38. Please contact your responsible Holland & Knight lawyer or the authors of this alert for timely advice.