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. 49. The Regulatory Flexibility Act does not apply to a rulemaking when a general notice of proposed rulemaking is not required. 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. daily Federal Register on FederalRegister.gov will remain an unofficial
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. Third COVID-19 Relief Bill Becomes Law (H.R. Please purchase a subscription to continue reading. 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. 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. 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. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000, in amounts equal to 45% of the local government's per capita share of the statewide allocation. Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. Coronavirus Relief Fund by GlobalGiving Story Projects . 18. A Notice by the Treasury Department on 01/15/2021. Coronavirus Relief Fund program guidance. 2. 1. 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. Sunny. on 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. Current Print Subscribers will be prompted to either login to their current site user account or to create a new one. 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. The CARES Act provides that payments from the Fund may only be used to cover costs that. Permissible uses include: Delivering assistance to workers and families, including aid to unemployed workers, as well as aid to households facing food, housing or financial insecurity. 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. You will need to be able to document your claim. The meeting will be held on Friday, September 4, 2020 at 12:00 p.m. AKT. headings within the legal text of Federal Register documents. Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. 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. L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. 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. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? 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. Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? 3. 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. 7. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. include documents scheduled for later issues, at the request Tribes have broad discretion and substantial time to use FRF, allowing for strategic planning and projects with long-term impacts. Are Fund payments subject to other requirements of the Uniform Guidance? 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. Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments; Coronavirus Relief Fund FAQ's; COVID-19 Response Supply Reimbursement Grant. The Public Inspection page may also Expenses for disinfection of public areas and other facilities. documents in the last year, 122 Our Mission & Vision; Board; Staff; . Expenses for public safety measures undertaken in response to COVID-19. Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford Act assistance, including FEMA's Emergency Management Performance Grant (EMPG) and EMPG Supplemental programs, to the extent such matching requirements entail COVID-19-related costs that otherwise satisfy the Fund's eligibility criteria and the Stafford Act. 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. Tribes do not need to resubmit this information in order to receive a payment. 45. endstream
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<. May a State provide assistance to farmers and meat processors to expand capacity, such to cover overtime for USDA meat inspectors? Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. 38. Unemployment insurance costs 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. 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. How does a government determine whether payroll expenses for a given employee satisfy the substantially dedicated condition? 3. Description of original award (Fiscal Year 2020, $70,674) The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. 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. Few details on the specific requirements are known at this time. May funds be used to satisfy non-federal matching requirements under the Stafford Act? 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. 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. Coronavirus State and Local Fiscal Recovery Funds The American Rescue Plan provides $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. on 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. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment. No. 8. Quarterly reports will include financial data, information on contacts and sub-awards more than $50,000, the types of projects funded and other information regarding utilization of FRF. 553 do not apply to the extent that there is involved . 47. 42 U.S.C. Stephen T. Milligan, Deputy Assistant General Counsel (Banking & Finance), 202-622-4051. Please note that these instructions are for Fund recipients to return the balance of unused Fund payments to Treasury. Register, and does not replace the official print version or the official The COVID-19 Testing Site can be reached at (920) 819-8350 and the hours are 8:00 AM - 4:30 PM. Tuesday, March 21, 2023 . The Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements apply to any non-federal entity, as defined in 2 CFR 200.69, that receives payments from the Fund in the amount of $750,000 or more. The funding will help reimburse the Colville Tribes for response and recovery costs resulting from near-record Okanogan River flooding in May. 1. documents in the last year, by the Energy Department The Administrative Procedure Act (APA) provides that the notice, public comment, and delayed effective date requirements of 5 U.S.C. A confirmation email will be sent when a new user account is created, which must be confirmed within three days in order to provide uninterrupted online access through your Print Subscription. Enhanced Federal Match for Medicaid Programs. Tribal governments do not want to miss the upcoming deadlines of. B. Within this category of substantially different uses, as stated in the Guidance above, Treasury has included payroll and benefits expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. It was viewed 18 times while on Public Inspection. May a State impose restrictions on transfers of funds to local governments? In a long-awaited decision, Canada's Supreme Court ruled Friday that the Sinixt people, part of the twelve Confederated Tribes of the Colville Reservation, have constitutionally protected. Do not send any privileged or confidential information to the firm through this website. 44. Is the cost of this expanded workers compensation coverage eligible? In the above OIG FAQ, sub-recipient refers to the beneficiary of the assistance, i.e., the small business. 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. As noted previously on Treasury's website, on August 10, 2020, the frequently asked questions were revised to add Questions A.49-52. Additional information on these points can be accessed below. documents in the last year, by the Nuclear Regulatory Commission Do governments have to return unspent funds to Treasury? The requirement that expenditures be incurred due to the public health emergency means that expenditures must be used for actions taken to respond to the public health emergency. The full amount of payroll and benefits expenses of substantially dedicated employees may be covered using payments from the Fund. documents in the last year, 467 State A does not need to document the specific use of the Fund payments by the school districts within the State. Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? documents in the last year, 36 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. 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). the current document as it appeared on Public Inspection on . 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. This provides tribal governments an additional two years to use FRF. 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). on NARA's archives.gov. 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. 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. 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. 48. documents in the last year, 940 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. edition of the Federal Register. 51. 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. 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. Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. Building or upgrading facilities and transmission, distribution and storage systems, including the replacement of lead service lines. 5434 0 obj
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The following examples help illustrate how the presumption may or may not be used: Example 1: State A may transfer Fund payments to each school district in the State totaling $500 per student. 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. 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. L. No. 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 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. 4. 57. 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. However, general infrastructure spending may be allowed under another category of FRF (e.g., government services). Treasury is also adding to the guidance instructions regarding the return to Treasury of unused Coronavirus Relief Fund payments. The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. Please contact your responsible Holland & Knight lawyer or the authors of this alert for timely advice. The deadline to request funding for the first payment is June 7, 2021. 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. The reports will include the same general data (e.g., obligations, expenditures, contracts, grants and sub-awards). 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. 6. (Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. The CARES Act established the $150 billion Coronavirus Relief Fund. 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. 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). 35. ELIGIBILITY CRITERIA Direct Submissions The prohibition on payment for abortions and health benefits coverage that includes coverage of abortion does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Guidance on eligible uses of Fund disbursements by governments is available below. Within two weeks of April 14, when the. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers' compensation coverage. The Treasury Department's guidance provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. Section 5001(b) thereby applies to payments from the Fund the general restrictions on the Department of Health and Human Services' appropriations. 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 Department of the Treasury (Treasury) is re-publishing in final form the guidance it previously made available on its website regarding the Coronavirus Relief Fund for States, tribal governments, and certain eligible local governments. 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.
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