17. 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. Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. 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. Register documents. Speeding the recovery of the tourism, travel and hospitality sectors. This approach will ensure equitable treatment among local governments of all sizes. 39. documents in the last year, by the Energy Department SD tribes to benefit from latest COVID-19 relief package documents in the last year, 35 54. For instance, in the case of a lease of equipment or other property, irrespective of when payment occurs, the cost of a lease payment shall be considered to have been incurred for the period of the lease that is within the covered period but not otherwise. Judge Orders Trump Administration To Give Tribes Their COVID-19 Relief 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. Low 44F. On that date, the Treasury Department also released several key documents that address how FRF can be used. 10. Housing/Rent Assistance - Washington State Department of Commerce Tribal Broadband Learning Community: Data Sovereignty The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by the COVID-19 public health emergency. Given that it is not always possible to estimate with precision when a good or service will be needed, the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement contract specifying a time Start Printed Page 4184for delivery. Are governments required to submit proposed expenditures to Treasury for approval? Learn more about PPP COVID-19 EIDL This low-interest loan provides help to businesses experiencing revenue loss. Please avoid obscene, vulgar, lewd, PDF Tribal COViD 19 DisasTer assisTanCe aPPliCaTiOn - Cheyenne & Arapaho Tribes Treasury has provided examples as to what would constitute a substantially different use. The law directed Treasury to disburse the money "not later than 30 days" after its enactment, which was on March 27. Tribal COViD-19 DisasTer assisTanCe aPPliCaTiOn. documents in the last year, 467 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. [3], 3. on 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. Additional information on the requested information is available under Tribal Employment and Expenditure Submission Instructions, below. Please note: This alert was updated with deadline extensions from the U.S. Department of the Treasury. 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 States permitted to use Fund payments to support state unemployment insurance funds generally? Request Funding | U.S. Department of the Treasury 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. Investments in broadband for areas that are currently unserved or underserved. For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. Threats of harming another May Fund payments be used for expenditures necessary to prepare for a future COVID-19 outbreak? 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. Coronavirus Resources: Native Americans | HUD.gov / U.S. Department of This page is for eligible state, local, territorial, and Tribal governments that are requesting Coronavirus State and Local Fiscal Recovery Funds. Home Hopi Tribe CARES Act Committee Hopi Tribe COVID Emergency Assistance PP. CARES Guidelines 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. Few details on the specific requirements are known at this time. 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). This category includes premium pay to a broad range of essential workers whose work requires regular in-person interactions including, among others: Premium pay that would increase a worker's total pay above 150 percent of the greater of the state or county average annual wage requires specific justification. COVID-19 | Chickasaw Nation In addition, because State A is availing itself of the $500 per elementary and secondary school student presumption, State A also may use Fund payments to expand broadband capacity and to hire new teachers, but it may not use Fund payments to acquire additional furniture. Promotional Rates were found for your code. 30. Event details. 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. Supporting small businesses, helping them to address financial challenges caused by the pandemic, and to make investments in COVID-19 prevention and mitigation tactics. 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. ), available at https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf. Such a grant would be analogous to a loan provided by the Fund recipient itself that incorporates similar loan forgiveness provisions. 1503 & 1507. 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. Fund payments may not be used for expenses that have been or will be reimbursed by another federal program (including, for example, the Higher Education Emergency Relief Fund administered by the Department of Education). 59. 12. 007-2021 navajo nation state of emergency; mandating covid-19 vaccinations for navajo nation employees; executive order no. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments; Coronavirus Relief Fund FAQ's; COVID-19 Response Supply Reimbursement Grant. This means, for example, that a government could cover payroll expenses allocated on an hourly basis to employees' time dedicated to mitigating or responding to the COVID-19 public health emergency. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety. Be Truthful. 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. 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. Fund payments are not required to be used as the source of funding of last resort. The first quarterly report will cover from date FRF is received to Sept. 30, 2021. Payments to tribal governments were determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and American Indian and Alaska Native tribes. The introduction of the guidance and frequently asked questions have been modified to reflect this publication in the Federal Register; the guidance and frequently asked questions have been revised throughout to reflect that the end date of the period during which eligible expenses may be incurred has been extended to December 31, 2021;[3] 1. 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)? Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. 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. documents in the last year, 20 32. Treasury's Office of Inspector General (OIG) will use this guidance in its audits of recipients' use of funds. 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. Coronavirus (COVID-19) has had visible impact on impoverished communities via lack of medical equipment / supplies and loss of basic resources, including food and water. documents in the last year, 940 COVID-19 DISASTER RELIEF FUND | RosebudSiouxTribe documents in the last year, 981 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. Information about this document as published in the Federal Register. Yes, non-profits may be used to distribute assistance. Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. Court Records; Reporting Fraud; Alternative Courts; Reporting Crimes; Resolving Ordinance Violations; Open and Participatory Government. The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments. 5. 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. 15. Archived - COVID-19: Financial support for people, businesses and 0 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. incurring additional costs of providing meals. 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). 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Nearly $100 billion of COVID relief funds has been defrauded across the United States since the pandemic began, the Secret Service announced Tuesday, adding that there are almost 1,000 separate. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. Such expenditures would only be permissible if they are necessary for the public health emergency. To provide relief to these Tribes and TDHEs, HUD is waiving the Undisbursed Funds Factor at 24 CFR 1000.342 with respect to the fiscal year (FY . on NARA's archives.gov. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: 5. %PDF-1.6 % If an employee is not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, his or her payroll and benefits expenses may not be covered in full with payments from the Fund. The remaining 35 percent ($6.65 billion) will be allocated pro rata based on each tribe's total government and business employees. May recipients create a payroll support program for public employees? Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? 5. Data Sovereignty. 3. 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? Sault Ste. First, we estimate the state will receive about $9.5 billion from the Coronavirus Relief Fund (CRF) . Homeowner Assistance Fund - Montana Housing 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. 55. 2021-00827 Filed 1-14-21; 8:45 am], updated on 4:15 PM on Friday, March 3, 2023, updated on 8:45 AM on Friday, March 3, 2023, 105 documents This position reflects the statutory intent discussed above: the Fund was intended to be used to help governments address the public health emergency both by providing funds for incremental expenses (such as hazard pay related to COVID-19) and to allow governments not to have to furlough or lay off employees needed to address the public health emergency but was not intended to provide across-the-board budget support (as would be the case if hazard pay regardless of its relation to COVID-19 or workforce bonuses were permitted to be covered using payments from the Fund). 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. 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. The Public Inspection page may also In addition, guardians or payees of enrolled tribal member children as of September 9, 2021, as determined by the Tribes Enrollment department records, shall qualify for two payments for each minor child in their care, each payment in the amount of $1,000.00. documents in the last year, 853 Furthermore, if a Fund recipient uses the presumption with respect to a school, any other Fund recipients providing aid to that school may not use the Fund to cover the costs of additional aid to schools other than with respect to the specific costs listed above. Oglala Sioux Tribe Coronavirus Emergency Supplemental Funding documents in the last year, 663 How the fund developed during the pandemic. 2. 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. In particular, a government must (i) determine that it is not able to meet the need arising from the public health emergency in a cost-effective manner by leasing property or equipment or by improving property already owned and (ii) maintain documentation to support this determination. Yes. 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]. 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. 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 . 5. Officials said states and. On September 2, 2020, Questions A.53-56 were added and Questions A.34 and A.38 were revised. Adult Tribal Members are eligible for up to $4,000, and minor Tribal Members are eligible for up to $750 payable to the parent or legal guardian for household expenses. Reduction in revenue is measured relative to the revenue collected in the most recent full fiscal year prior to the COVID-19 public health emergency (2019). Oneida Nation | Oneida Nation/COVID-19 Resource Page from 36 agencies. We are developing a Disaster Relief Fund to assist the . Coronavirus Relief Fund (CRF) Reimbursement Programs This particular nonexclusive example of an ineligible expenditure relates to public employees. documents in the last year, 122 If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel. include documents scheduled for later issues, at the request Example 2: Suppose State A from example 1 transferred Fund payments to the school districts in the State in the amount of $500 per elementary and secondary school student. has no substantive legal effect. Chairman Andy Joseph, Jr. stated, We had all hoped to put the pandemic behind us, but that has not been the case. May Fund recipients upgrade critical public health infrastructure, such as providing access to running water for individuals and families in rural and tribal areas to allow them to maintain proper hygiene and defend themselves against the virus? 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. 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. The lost wages assistance payment to the ineligible individual would be deemed to be an ineligible. Expenses for public safety measures undertaken in response to COVID-19. $1.99 PLEASE TURN OFF YOUR CAPS LOCK. The OFR/GPO partnership is committed to presenting accurate and reliable The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. 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. In general, no. What records must be kept by governments receiving payment? Fund payments may not be used for government revenue replacement, including the replacement of unpaid utility fees. 47. Fund payments may be used for subsidy payments to electricity account holders to the extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social Security Act outlined in the Guidance. Retroactive spending is permissible for this category, meaning essential workers could receive premium pay for hours worked during the duration of the COVID-19 pandemic. 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 Treasury Department will release the FRF allocations to tribes in two tranches, the first in May and the second in June. Document Drafting Handbook documents in the last year, 86 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. In addition, pursuant to section 5001(b) of Division A of the CARES Act, payments from the Fund are subject to the requirements contained in the Further Appropriations Act of 2020 (Pub. 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). 11. 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. publication in the future. Coronavirus Relief Fund (CRF). 38. The State incurs an obligation to FEMA in the amount of the payment to the ineligible individual. One year later, American Rescue Plan Act funds allocated $31 billion for infrastructure needs and other federal programs for . 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.