As with any other assistance provided by a Fund recipient, such a grant would need to be determined by the recipient to be necessary due to the public health emergency. the current document as it appeared on Public Inspection on Subrecipients are subject to a single audit or program-specific audit pursuant to 2 CFR 200.501(a) when the subrecipients spend $750,000 or more in federal awards during their fiscal year. Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. Attorney Advertising. documents in the last year, by the Nuclear Regulatory Commission Thus, a grant or loan, for example, provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase (or reimburse a purchase of) goods or services for which receipt both is needed within the covered period and occurs within the covered period. 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. 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. However, subrecipients would not include individuals and organizations (e.g., businesses, non-profits, or educational institutions) that are beneficiaries of an assistance program established using payments from the Fund. Expenses for the State share of Medicaid. Email . 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. For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. 21. The documents are linked individually below and can also be accessed on the Treasury Department's website. 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. Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. 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. 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. Enclosed please find an application form and instructions. Governments have discretion to determine how to tailor assistance programs they establish in response to the COVID-19 public health emergency. 4. Yes. Coronavirus Relief Fund program guidance. 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. Fund payments are not required to be used as the source of funding of last resort. Colville Tribe member Michelle Thomas, left, receives a Covid screening from Medical Support Assistant Deb Stanczak before Thomas received her second dose of the Covid 19 vaccine on Wednesday . Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. 05.11.20 Lankford Announces Continued Financial Support for Oklahoma Tribes Amid COVID-19 Pandemic. 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. and services, go to Recipients may not apply their indirect costs rates to payments received from the Fund. 2. 1. 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. documents in the last year. Third COVID-19 Relief Bill Becomes Law (H.R. 14. Payments to Tribal governments have been determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and Indian Tribes. 47. Treasury has provided examples as to what would constitute a substantially different use. Appearing on the tribe's June 18 Facebook Live update, Powless informed viewers that all members 18 and older will receive $500 from tribal contributions, another $3,000 . The Public Inspection page may also Share with Us. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers' compensation coverage. Until the ACFR grants it official status, the XML Expenditures related to a State, territorial, local, or Tribal government payroll support program. 48. May a State receiving a payment transfer funds to a local government? Federal Register. Covered benefits include, but are not limited to, the costs of all types of leave (vacation, family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes). a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. The Treasury Department's guidance previewed several reporting requirements that tribes will need to satisfy as they spend FRF. In determining the business' eligibility for the grant, the recipient should not rely on self-certifications provided to the SBA. This site displays a prototype of a Web 2.0 version of the daily Confederated Tribes of the Colville Reservation Flooding (DR-4384) Incident Period: May 5, 2018 - May 28, 2018 Major Disaster Declaration declared on August 17, 2018 Tribe ATG Final Distribution Welfare Assistance CV Distribution ALASKA Afognak 218,806 4,158 ALASKA Agdaagux Tribe of King Cove 437,612 8,391 ALASKA Akhiok . Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. You can email him at: scott.rains@swoknews.com. on The new deadlines are highlighted. The CARES Act established the $150 billion Coronavirus Relief Fund. On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law. For additional information or questions on FRF or the American Rescue Plan, please contact the authors or another member of the Native American Law Team. 9. 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. 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). May recipients create a payroll support program for public employees? legal research should verify their results against an official edition of of the issuing agency. As required by the CARES Act, expenses associated with such upgrades must be incurred by December 31, 2021. person will not be tolerated. What would qualify as a substantially different use for purposes of the Fund eligibility? 41. on FederalRegister.gov Delivering assistance to workers and families, including aid to unemployed workers, as well as aid to households facing food, housing or financial insecurity. Investing in housing and neighborhoods, such as affordable housing development, housing vouchers and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity. 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. No. RELIEF FUND. Your current subscription does not provide access to this content. 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. Territories and Tribal governments navigating the impact of the . 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. The amount of payments made to each State was reduced by the aggregate amount of payments that was disbursed to eligible local governments within such State that provided the required certifications to Treasury. 03/03/2023, 266 A few highlights of what's included in the package: Creates a $150 billion Coronavirus Relief Fund for state, local and tribal governments. A State's obligation to FEMA for making an improper payment to an individual under the lost wages assistance program is not incurred due to the public health emergency and, therefore, payments made pursuant to this obligation would not be an eligible use of the Fund. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. 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. The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. On September 2, 2020, the Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees and Supplemental Guidance on Use of Funds to Cover Administrative Costs sections were added. Treasury has now distributed 60 percent of the $8 billion dollars to tribes with 40 percent remaining to be distributed. Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. that agencies use to create their documents. Treasury provided (in FAQ A.3) that costs incurred for a substantially different use would include, for example, the costs of redeploying educational support staff or faculty to develop online learning capabilities, such as through providing information technology support that is not part of the staff or faculty's ordinary responsibilities. 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 reports will include the same general data (e.g., obligations, expenditures, contracts, grants and sub-awards). Fiscal Accounting Program, Admin & Training Group. Please note that these instructions are for Fund recipients to return the balance of unused Fund payments to Treasury. The Chickasaw Nation and the Oklahoma State Department of Health are continuing to monitor the coronavirus, or COVID-19, which is still impacting countries around the world. 5401 0 obj <> endobj 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. 9. 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. 03/03/2023, 1465 The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments. 1302(a). The Treasury Department's guidance clarifies that performance/delivery may occur until Dec. 31, 2026. The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. 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. 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. 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. 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. 1503 & 1507. This provides tribal governments an additional two years to use FRF. Similar to state and local governments, tribal governments are eligible for CRF funds . Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to the disposal of used personal protective equipment, would be an eligible expenditure. Furthermore, no government which receives payments from the Fund may discriminate against a health care entity on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions. 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. All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020, and ends on December 31, 2021. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. The purpose of this document is to provide guidance to recipients of the funding available under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). 7. For example, the cost of a good that must be delivered in December in order to be available for use in January could be covered using payments from the Fund. Enhanced Federal Match for Medicaid Programs. Governments have discretion to determine what payments are necessary. staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. According to the tribes information office, the amount received in the first of two allocations is identified as $50,966,838.27. And the reservation's borders are fluid, so even the tribe's extensive precautions haven't been enough to fully protect Colville . Increased workers compensation cost to the government due to the COVID-19 public health emergency incurred during the period beginning March 1, 2020, and ending December 31, 2021, is an eligible expense. In March 2020, the CARES Act established the Coronavirus Relief Fund, which allocated $8 billion to tribal governments and Alaska Native Corporations to address "necessary expenditures" incurred due to COVID-19. This feature is not available for this document. Yes. This table of contents is a navigational tool, processed from the 44. Chairman Andy Joseph, Jr. stated, We had all hoped to put the pandemic behind us, but that has not been the case. 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. Please see the answer provided by the IRS available at https://www.irs.gov/newsroom/cares-act-coronavirus-relief-fund-frequently-asked-questions. Eligible local governments were required to submit the certification required by the CARES Act to Treasury by 11:59 pm Eastern Daylight Time on Friday, April 17 in order to receive payment. are not part of the published document itself. 4. 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. 553 do not apply to the extent that there is involved . 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. Stephen T. Milligan, Deputy Assistant General Counsel (Banking & Finance), 202-622-4051. May Fund payments be used to assist impacted property owners with the payment of their property taxes? 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. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. 1. Territories, and eligible units of local government are based on population as provided in the CARES Act. documents in the last year, 663 COVID-19-related expenses of public hospitals, clinics, and similar facilities. You have permission to edit this article. 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. 20. Payroll includes certain hazard pay and overtime, but not workforce bonuses. 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. 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. Don't Threaten. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. The cost of projects that would not be expected to increase capacity to a significant extent until the need for distance learning and telework have passed due to this public health emergency would not be necessary due to the public health emergency and thus would not be eligible uses of Fund payments. (Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. CRF Operation Connectivity Prior Purchase Reimbursement Program (PPRP) To request an application, or with any questions related to the CRF Operation Connectivity PPRP application process, email customerservice@teabulkorder.com, preferably between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday. 51. Additional information on payments to Tribal governments is available under Coronavirus Relief Fund Tribal Allocation Methodology and Tribal Allocation Methodology for Second Distribution, below.Treasury has completed making payments to Tribal governments, other than amounts that have not been paid to Alaska Native corporations pending litigation on that issue. To be eligible for the General Distributions, a provider must have billed Medicare fee-for-service in 2019, be a known Medicaid and CHIP or dental provider and provide or provided after January 31, 2020 diagnoses, testing, or care for individuals with possible or actual cases of COVID-19. The US Congress passed and President Biden signed the Act, which included an. COVID-19 Resources for Native Americans For additional ONAP COVID-19 resources, please visit the ONAP COVID-19 Recovery Programs web page Indian Housing Block Grant (IHBG-ARP) and Indian Community . Just four days later, on March 22, 2020, the Hopi Tribe received notification of three confirmed cases of COVID-19 in Tuba City. Yes, this would be an eligible expense if the government determined that the costs of such employment and training programs would be necessary due to the public health emergency. Register documents. 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The assistance provided from the Fund would need to satisfy all of the other requirements set forth in section 601(d) of the Social Security Act as discussed in Treasury's guidance and FAQs, and the business would need to comply with all applicable requirements of the PPP or EIDL program. Avery Street A3-G, Bureau of the Fiscal Service, P.O. Are Fund payments subject to other requirements of the Uniform Guidance? 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 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. Are these types of public university student refunds eligible uses of Fund payments? Accordingly, it is very important that tribes spend FRF consistent with law and the Treasury Department's guidance. 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. We are developing a Disaster Relief Fund to assist the . 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. documents in the last year, by the Coast Guard 43. Promotional Rates were found for your code. 59. The payments constitute other financial assistance under 2 CFR 200.40. informational resource until the Administrative Committee of the Federal the official SGML-based PDF version on govinfo.gov, those relying on it for These are Covid-19@oneidanation.org and (920) 869-4481. 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. 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. . $1.99 This statutory structure was based on a recognition that it is more administratively feasible to rely on States, rather than the federal government, to manage the transfer of funds to smaller local governments. ), available at https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf. 33. [3], 3. On May 10, 2021, the Treasury Department announced that FRF would be allocated based on a formula that takes into account each tribe's enrollment and number of employees. Are Fund payments to State, territorial, local, and tribal governments subject to the provisions of the Uniform Guidance applicable to grant agreements? Pursuant to that provision of the Uniform Guidance, recipients and subrecipients subject to the Single Audit Act may use payments from the Fund to cover a reasonably proportionate share of the costs of audits attributable to the Fund. This act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion to the Fund to provide payments to states and certain local governments; the District of Columbia and U.S. 40. 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. 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)? You have permission to edit this article. To what extent may a government use Fund payments to support the operations of private hospitals? Use the 'Report' link on 5. Listing of eligible units of local government. Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. documents in the last year, 83 Tribal Broadband Learning Community: Data Sovereignty . This repetition of headings to form internal navigation links Yes. %PDF-1.6 % 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. Marie. by the Foreign Assets Control Office These can be useful Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. Data sources and the distribution methodology for units of local government.
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