What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? 102-477 Plan and intends to provide the following services in accordance with its approved 477 The Administrative Procedure Act (APA) provides that the notice, public comment, and delayed effective date requirements of 5 U.S.C. 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. 24. accounts, the history behind an article. 42. This provides tribal governments an additional two years to use FRF. Yes, 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 Start Printed Page 4188Act. Yes, payments from the Fund may be used to cover costs associated with providing distance learning (e.g., the cost of laptops to provide to students) or for in-person learning (e.g., the cost of acquiring personal protective equipment for students attending schools in-person or other costs associated with meeting Centers for Disease Control guidelines). Yes. The interim report will include a summary of the tribal government's expenditures by category from date FRF is received to July 31, 2021. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. legal research should verify their results against an official edition of Fund payments may be used for economic support in the absence of a stay-at-home order if such expenditures are determined by the government to be necessary. that is degrading to another person. 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. 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. documents in the last year. The American Rescue Plan provides that FRF must be used for the following costs incurred by Dec. 31, 2024: On May 10, 2021, The Treasury Department issued several documents related to the implementation and administration of FRF. 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 . 9. Any such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. 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. 44. Investments in broadband for areas that are currently unserved or underserved. 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. Remaining quarterly reports will cover one calendar quarter and must be submitted 30 days after the end of each calendar quarter. These tools are designed to help you understand the official document 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. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Sault Ste. For complete information about, and access to, our official publications Such a grant would be analogous to a loan provided by the Fund recipient itself that incorporates similar loan forgiveness provisions. the material on FederalRegister.gov is accurately displayed, consistent with Treasury's Office of Inspector General has provided the following guidance in its FAQ no. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. As such, unless the government were to determine that providing assistance in the form of a stipend is an administrative necessity, the government should provide such assistance on a reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses. Such acquisitions and improvements must be completed and the acquired or improved property or acquisition of equipment be put to use in service of the COVID-19-related use for which it was acquired or improved by December 30. 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. The US Congress passed and President Biden signed the Act, which included an. Your donation to this fund will help stop the spread of the virus, including the highly contagious Omicron variant, to protect us all. The first quarterly report will cover from date FRF is received to Sept. 30, 2021. 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. include documents scheduled for later issues, at the request on We continue to offer PPP loan forgiveness. to the courts under 44 U.S.C. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: 6. The U.S. Supreme Court ruled Friday that Alaska Native regional and village corporations are eligible to receive federal CARES Act funding intended for tribes. Please avoid obscene, vulgar, lewd, 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. 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? 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)? 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. The direct recipient of payments from the Fund is ultimately responsible for compliance with this limitation on use of payments from the Fund. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. Tribal governments that failed to respond to multiple requests by Treasury to complete or correct their submissions of employment and expenditure information were no longer able to provide such information to Treasury after 11:59 pm Alaska Daylight Time on Saturday, June 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? 12. 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. No. on Accordingly, the Health Resources and Services Administration's (HRSA) COVID-19 Coverage Assistance Fund (CAF) will cover the costs of administering COVID-19 vaccines to patients whose health insurance doesn't cover vaccine administration fees, or does but typically . Marie. on Territories (the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments (collectively governments). 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. 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. Figure 5 shows our estimate of federal COVID-19-related funding that tribal governments will use for the administration of programs and to provide services. endstream endobj 5402 0 obj <. If a Fund recipient avails itself of the presumption in accordance with the previous paragraph with respect to a school, the recipient may not also cover the costs of additional re-opening aid to that school other than those associated with the following, in each case for the purpose of addressing COVID-19: Across all levels of government, the presumption is limited to $500 per student, e.g., if a school is funded by a state and a local government, the presumption claimed by each recipient must add up to no more than $500. 1. Non-federal entities include subrecipients of payments from the Fund, including recipients of transfers from a State, territory, local government, or tribal government that received a payment directly from Treasury. Be Proactive. The final rule contains no requirements subject to the Paperwork Reduction Act. In the above OIG FAQ, sub-recipient refers to the beneficiary of the assistance, i.e., the small business. 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. Chairman Andy Joseph, Jr. stated, We had all hoped to put the pandemic behind us, but that has not been the case. 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. Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services such as tutoring or afterschool programs, as well as service to address social, emotional and mental health needs. The full amount of payroll and benefits expenses of substantially dedicated employees may be covered using payments from the Fund. 5. May Fund payments be used for COVID-19 public health emergency recovery planning? on Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. This will permit States to use Fund payments to prevent expenses related to the public health emergency from causing their state unemployment insurance funds to become insolvent. Register (ACFR) issues a regulation granting it official legal status. The meeting will be held on Friday, September 4, 2020 at 12:00 p.m. AKT. for 1 day, $16.00 See 42 CFR 433.51 and 45 CFR 75.306. As noted previously on Treasury's website, on August 10, 2020, the frequently asked questions were revised to add Questions A.49-52. To what extent may a government use Fund payments to support the operations of private hospitals? documents in the last year, 940 Fund payments are not required to be used as the source of funding of last resort. by the Foreign Assets Control Office Expenditures related to a State, territorial, local, or Tribal government payroll support program. 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. 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. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: 5. 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. It is not an official legal edition of the Federal In general, no. The guidance provides that funding may 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. May a unit of local government receiving a Fund payment transfer funds to another unit of government? Coronavirus Relief Fund program guidance. documents in the last year, 86 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. Section 5001(b) thereby applies to payments from the Fund the general restrictions on the Department of Health and Human Services' appropriations. 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 . racist or sexually-oriented language. 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]. 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. 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. 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. documents in the last year, by the Coast Guard person will not be tolerated. Court Records; Reporting Fraud; Alternative Courts; Reporting Crimes; Resolving Ordinance Violations; Open and Participatory Government. documents in the last year, by the National Oceanic and Atmospheric Administration 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 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. 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. documents in the last year, 83 documents in the last year, 122 21. L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. 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. State A does not need to document the specific use of the Fund payments by the school districts within the State. 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. COVID-19. Treasury has now distributed 60 percent of the $8 billion dollars to tribes with 40 percent remaining to be distributed. Building or upgrading facilities and transmission, distribution and storage systems, including the replacement of lead service lines. The Interim Final Rule prescribes the methodology to be used, and compares actual revenue to anticipated revenue in 2020, 2021, 2022 and 2023. COVID-19-related expenses of public hospitals, clinics, and similar facilities. should verify the contents of the documents against a final, official Workforce bonuses other than hazard pay or overtime. Tuesday, March 21, 2023 . 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. Four of the documents are specific to tribal governments, while the others apply to state, local and tribal governments. 4. for 30 days, Free 3. Public Call Information: Dial: 800-437-2398 Conference ID: 8287097. read on federalregister.gov. The CARES Act established the $150 billion Coronavirus Relief Fund. Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 CFR 200.425. daily Federal Register on FederalRegister.gov will remain an unofficial 2. Are these types of public university student refunds eligible uses of Fund payments? 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. To the extent a cost is incurred by December 31, 2021, for an eligible use consistent with section 601 of the Social Security Act and Treasury's guidance, a necessary administrative compliance expense that relates to such underlying cost may be incurred after December 31, 2021. 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 provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. Winds ENE at 5 to 10 mph. Email: admin@pintnetwork.com. Questions Related to Administration of Fund Payments. Share with Us. 55. 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. Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments. Tribal governments may use FRF to provide government services to the extent of the tribe's reduction in revenue experienced because of the COVID-19 public health emergency. 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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 . 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. 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. 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.