headings within the legal text of Federal Register documents. Share with Us. 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). Further, infrastructure projects other than water, sewer and broadband are not permissible uses of FRF unless 1) related to COVID-19 or 2) provided as government services to the extent of the tribal government's lost revenue. The State should distribute 45 percent of the $1 billion it received, or $450 million, to local governments within the State with a population of 500,000 or less. The expenses of acquiring or improving real property and of acquiring equipment (e.g., vehicles) may be covered with payments from the Fund in certain cases. 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. Each document posted on the site includes a link to the ELIGIBILITY CRITERIA Direct Submissions the current document as it appeared on Public Inspection on 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. High 67F. 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. Any amounts repaid by the borrower before December 31, 2021, must be either returned to Treasury upon receipt by the unit of government providing the loan or used for another expense that qualifies as an eligible expenditure under section 601(d) of the Social Start Printed Page 4191Security Act. 34. developer tools pages. For the first payment, the Treasury Department will use self-certified enrollment numbers submitted to the Bureau of Indian Affairs in April 2021. The purpose of the Montana Homeowner Assistance Fund, in accordance with federal legislation and U.S. Treasury guidance, is to mitigate financial hardships associated with the coronavirus pandemic by providing funds to prevent homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements . 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. 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. Coronavirus Relief Fund (CRF). The methodology allows tribes to include all revenue from tribal enterprises, including gaming. documents in the last year, by the Nuclear Regulatory Commission These can be useful Yes. Treasury's Office of Inspector General has provided the following guidance in its FAQ no. The Treasury Department's guidance clarifies that performance/delivery may occur until Dec. 31, 2026. Reimbursement to donors for donated items or services. ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. endstream endobj 5402 0 obj <. Yes, fund recipients may use payments from the Fund to upgrade public health infrastructure, such as providing individuals and families access to running water to help reduce the further spread of the virus. "The pandemic has been stressful for many of our community's families and individuals," concluded Tribal Chief Michael Conners. or anything. 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. a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. 5 U.S.C. Treasury has not developed a precise definition of what substantially dedicated means given that there is not a precise way to define this term across different employment types. To this end, as an administrative convenience, Treasury will presume that expenses of up to $500 per elementary and secondary school student are eligible expenditures, such that schools do not need to document the specific use of funds up to that amount. To what extent may a government use Fund payments to support the operations of private hospitals? May a State impose restrictions on transfers of funds to local governments? 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. Enhanced Federal Match for Medicaid Programs. 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. that agencies use to create their documents. May payments from the Fund be used to assist individuals with enrolling in a government benefit program for those who have been laid off due to COVID-19 and thereby lost health insurance? 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. Yes. If a government has transferred funds to another entity, from which entity would the Treasury Department seek to recoup the funds if they have not been used in a manner consistent with section 601(d) of the Social Security Act? Unlike with the Coronavirus Relief Funds tribal governments received last year, tribes also have several years to spend FRF. Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. At what point would costs be considered to be incurred in the case of a grant made by a State, local, or tribal government to cover interest and principal amounts of a loan, such as might be provided as part of a small business assistance program in which the loan is made by a private institution? Are these types of public university student refunds eligible uses of Fund payments? 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. CARNEGIE The Kiowa Tribe of Oklahoma has received official confirmation it will receive almost $51 million from the American Rescue Plan Act. . Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. 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. Guidance on eligible uses of Fund disbursements by governments is available below. Don't knowingly lie about anyone Please note: This alert was updated with deadline extensions from the U.S. Department of the Treasury. FEMA Learn more about FEMA consideration and eligible expense Appropriated Coronavirus Relief Fund Contracting Process The Life Cycle for Coronavirus Relief Funds Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Illustrated Version of the Contracting Process Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. The Coronavirus Aid, Relief, and Economic Security Act (CARES) provides an estimated $2 trillion stimulus package to battle the harmful effects of the COVID-19 pandemic. As discussed above, governments may allocate payroll and benefits of such employees with respect to time worked on COVID-19-related matters. May recipients create a payroll support program for public employees? 42 U.S.C. The CARES Act directs Treasury to use U.S. Census Bureau data for the most recent year for which data is available. documents in the last year, 35 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. And the reservation's borders are fluid, so even the tribe's extensive precautions haven't been enough to fully protect Colville . The Treasury Department is accepting comments on the Interim Final Rule until July 16, 2021. Receiving a PPP or EIDL grant or loan for COVID-19 would not necessarily make a small business ineligible to receive a grant from Fund payments made to a recipient. In the Interim Final Rule and Frequently Asked Questions, the Treasury Department elaborated on the four categories of permissible uses of FRF as set forth in the American Rescue Plan. 13. 11. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. The meeting will be held on Friday, September 4, 2020 at 12:00 p.m. AKT. Box 167 Concho, OK 73022 Phone: (405) 422-7580 Fax: (405) 422-8246 Email: HOPE@cheyenneandarapaho-nsn.gov. Through the Coronavirus Relief Fund, the CARES Act provides for payments to State, Local, and Tribal governments navigating the impact of the COVID-19 outbreak. Expenses for the State share of Medicaid. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? PLEASE TURN OFF YOUR CAPS LOCK. For example, a State may expend Fund payments on necessary administrative expenses incurred with respect to a new grant program established to disburse amounts received from the Fund. Yes. Treasury recognizes that schools are generally incurring an array of COVID-19-related expenses to either provide distance learning or to re-open. 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 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 Information contained in this alert is for the general education and knowledge of our readers. 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. 38. This allows time for tribes to plan projects with potential for generational impacts. Section 601(f)(2) of the Social Security Act provides that if the Treasury OIG determines that a recipient of payments from the Fund has failed to comply with the use of funds provisions of section 601(d), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the federal government. In addition, if these conditions are met, the amount of the grant will be considered to have been used during the covered period for purposes of the requirement that expenses be incurred within the covered period. In general, no. These markup elements allow the user to see how the document follows the Payroll includes certain hazard pay and overtime, but not workforce bonuses. Delivering assistance to workers and families, including aid to unemployed workers, as well as aid to households facing food, housing or financial insecurity. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, provided funding for emergency relief administered by eligible Indian Tribal Governments (Tribes) to provide payments for the benefit of tribal members and their families for necessary expenses resulting from the COVID-19 pandemic. Yes, non-profits may be used to distribute assistance. This PDF is staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. Coronavirus Relief Fund Through the Coronavirus Relief Fund, the CARES Act provides for payments to State, Local, and Tribal governments navigating the impact of the COVID-19 outbreak. 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. 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. Listing of eligible units of local government. 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). Yes, if a government determines such assistance to be a necessary expenditure. Payroll and benefit costs associated with public employees who could have been furloughed or otherwise laid off but who were instead repurposed to perform previously unbudgeted functions substantially dedicated to mitigating or responding to the COVID-19 public health emergency are also covered. 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. documents in the last year, 1411 hbbd```b``v@$X( &H`@$ Vj` D:I v{Ha`bd]v# >U on 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.

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