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. Please provide the following instructions to your Financial Institution for the remittance of Automated Clearing House (ACH) credits to the Department of the Treasury. 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. 26. But COVID-19 cases are hitting record highs throughout the state. on However, such a program should be structured in such a manner as will ensure that such assistance is determined to be necessary in response to the COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? More information and documentation can be found in our First, we estimate the state will receive about $9.5 billion from the Coronavirus Relief Fund (CRF) . 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 . General. Law and Justice. The Regulatory Flexibility Act does not apply to a rulemaking when a general notice of proposed rulemaking is not required. Except with respect to certain law enforcement and adjudication activities, no funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. May Fund payments be used for expenditures related to the administration of Fund payments by a State, territorial, local, or Tribal government? 2605 et seq. Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted under the Single Audit Act? 11. The OFR/GPO partnership is committed to presenting accurate and reliable Unlike with the Coronavirus Relief Funds tribal governments received last year, tribes also have several years to spend FRF. of the issuing agency. The permissible uses are also subject to modification, as the Treasury Department may modify the Interim Final Rule and Frequently Asked Questions. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. If a small business received a Small Business Administration (SBA) Payment Protection Program (PPP) or Economic Injury Disaster Loan (EIDL) grant or loan due to COVID-19, may the small business also receive a grant from a unit of government using payments from the Fund? COVID-19-related expenses of public hospitals, clinics, and similar facilities. What are the differences between a subrecipient and a beneficiary under the Fund for purposes of the Single Audit Act and,, MODS: Government Publishing Office metadata,,,, Originator to Beneficiary InformationLine 1, Originator to Beneficiary InformationLine 2, Originator to Beneficiary InformationLine 3, Originator to Beneficiary InformationLine 4. Please see the answer provided by the IRS available at Only official editions of the Permissible uses include: The Treasury Department will also presume the following additional activities to address health disparities are eligible uses when provided by tribal governments: FRF may be used to provide premium pay to eligible workers of the tribal government that are performing essential work. 10:00am to 11:30am PDT . Note that a public function does not become a substantially different use merely because it is provided from a different location or through a different manner. 03/03/2023, 234 Receiving DFI Identification (ABA routing #), Fiscal Accounting Program, Admin & Training Group. 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. Any such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. 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. This feature is not available for this document. Winds ENE at 5 to 10 mph. A program that is aimed at assisting small businesses with the costs of business interruption caused by required closures should be tailored to assist those businesses in need of such assistance. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less, using as a benchmark the per capita allocation formula that governs payments to larger local governments. 03/03/2023, 1465 At stake is about $500 million. May Fund payments be provided to non-profits for distribution to individuals in need of financial assistance, such as rent relief? The date for use of funds was extended from December 30, 2020 to December 31, 2021, by section 1001 of Division N of the Consolidated Appropriations Act, 2021, Pub. Document Drafting Handbook ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. The Treasury Department's guidance provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. Check receipts (not preferred)Checks may be sent to one of the following addresses (depending on the method of delivery). 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. documents in the last year, 36 Investments in broadband for areas that are currently unserved or underserved. Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? 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. We continue to offer PPP loan forgiveness. 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). 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. Treasury is pleased to accept requests for Coronavirus State and Local Fiscal Recovery Funds. 1. staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. Are Fund payments subject to other requirements of the Uniform Guidance? We are developing a Disaster Relief Fund to assist the . 3. racist or sexually-oriented language. 03/03/2023, 159 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. 29. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. The Treasury Department would seek to recoup the funds from the government that received the payment directly from the Treasury Department. Attorney Advertising. High 67F. On March 18, 2020, the Government of Canada announced $305 million for a new, distinctions-based Indigenous Community Support Fund (ICSF) through its COVID-19 Economic Response Plan to address immediate needs in First Nations, Inuit and Mtis communities. Territories and Tribal governments navigating the impact of the . that is degrading to another person. As required by the CARES Act, expenses associated with such upgrades must be incurred by December 31, 2021. NEPA does not apply to Treasury's administration of the Fund. Please log in, or sign up for a new account and purchase a subscription to continue reading. In March, Congress approved a temporary 6.2 percentage point increase in the federal government's share of cost for state Medicaid . State, territorial, local, and Tribal governments receiving funds from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the Guidance. 03/03/2023, 207 endstream endobj 5402 0 obj <. 9. In response to questions regarding which employees are within the scope of this accommodation, Treasury is supplementing this guidance to clarify that public safety employees would include police officers (including state police officers), sheriffs and deputy sheriffs, firefighters, emergency medical responders, correctional and detention officers, and those who directly support such employees such as dispatchers and supervisory personnel. 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. The American Rescue Plan allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. 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. 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. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures. The Treasury Department made clear during the consultations that tribes that fail to confirm or amend their 2019 employment numbers by June 21 will not receive a payment from the employment allocation. 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. Box 1328, Parkersburg, WV 26106-1328. Supporting small businesses, helping them to address financial challenges caused by the pandemic, and to make investments in COVID-19 prevention and mitigation tactics. For example, a State may spend Fund payments to create a reserve of personal protective equipment or develop increased intensive care unit capacity to support regions in its jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency.Start Printed Page 4185. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. PLEASE TURN OFF YOUR CAPS LOCK. Expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds. 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 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. WASHINGTON A federal judge on Monday ordered Treasury Secretary Steven Mnuchin to distribute $679 million in emergency COVID-19 relief funds to Native American tribes that should have gotten it months ago, and he chided the agency for causing "irreparable harm" with its delays. 1. This led to the Stay-At-Home Order for all residents as a means to limit the spread and control the virus, thus, preserving the peace and order of the Hopi Tribe. Expenses for the State share of Medicaid. Avery Street A3-G, Fiscal Service Warehouse & Operations Center Dock 1, 257 Bosley Industrial Park Drive, Parkersburg WV 26106. The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. As noted previously on Treasury's website, on August 10, 2020, the frequently asked questions were revised to add Questions A.49-52. 5. 53. 44. 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. Email: No payments from the Fund may be provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors. The final rule contains no requirements subject to the Paperwork Reduction Act. In addition, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by States to State unemployment funds, are not eligible uses of Fund payments. President Biden's $1.9 trillion relief package provides $31 billion for tribal nations and Indigenous people to address longstanding problems like poor health care. The Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. WASHINGTON, DC -Senator James Lankford (R-OK) issued details after US Treasury Secretary Steven Mnuchin and Secretary of the Interior David Bernhardt announced a path forward for Coronavirus Relief Funds to Oklahoma Tribal nations.The Coronavirus Aid, Relief, and Economic Security (CARES) Act . Your current subscription does not provide access to this content. You will need to be able to document your claim. documents in the last year, 981 on Get an email notification whenever someone contributes to the discussion. 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]. However, tribes must request the payment through the Treasury Department's portal. documents in the last year, 26 If you are using public inspection listings for legal research, you This document has been published in the Federal Register. The payments constitute other financial assistance under 2 CFR 200.40. corresponding official PDF file on 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. 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. 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. Don't knowingly lie about anyone 1302(a). May governments retain assets purchased with payments from the Fund? 6. 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? 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. 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. 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. 3. Click "accept" below to confirm that you have read and understand this notice. Coronavirus Relief Fund program guidance. 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. daily Federal Register on will remain an unofficial accounts, the history behind an article. Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. The Colville Tribes Announces COVID-19 Emergency Relief Payments. Treasury is also adding to the guidance instructions regarding the return to Treasury of unused Coronavirus Relief Fund payments. 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. A vaccination site on the. 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? 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. Learn more here. or anything. 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. establishing the XML-based Federal Register as an ACFR-sanctioned With the new delta variant of the COVID-19 virus, our cases of the disease are as bad as they have ever been. Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. With respect to personnel expenses, though the Fund was not intended to be used to cover government payroll expenses generally, the Fund was intended to provide assistance to address increased expenses, such as the expense of hiring new personnel as needed to assist with the government's response to the public health emergency and to allow recipients facing budget pressures not to have to lay off or furlough employees who would be needed to assist with that purpose. 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. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments; Coronavirus Relief Fund FAQ's; COVID-19 Response Supply Reimbursement Grant. 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 The statute 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. 2. For example, a county may transfer funds to a city, town, or school district within the county and a county or city may transfer funds to its State, provided that the transfer qualifies as a necessary expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. 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. ), available at The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. Fund payments are subject to the following requirements in the Uniform Guidance (2 CFR part 200): 2 CFR 200.303 regarding internal controls, 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. the Federal Register. (In other words, such costs would be eligible direct costs of the recipient). 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. Please contact your responsible Holland & Knight lawyer or the authors of this alert for timely advice. The COVID-19 relief funds originate from the Biden-Harris Administration's landmark American Rescue Plan Act (ARP). In addition, guardians or payees . 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. Yes, non-profits may be used to distribute assistance. Cheyenne and Arapaho Tribes HOPE Program P.O. for 1 day, $16.00 Amounts paid to States, the District of Columbia, U.S. person will not be tolerated. 5. Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. rendition of the daily Federal Register on does not velocity community credit union shared branches,