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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. 03/03/2023, 207 The new COVID-19 relief bill include $31.2 billion for native communities and tribal governments. 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. Costs of providing COVID-19 testing, including serological testing. daily Federal Register on FederalRegister.gov will remain an unofficial Learn more about PPP COVID-19 EIDL This low-interest loan provides help to businesses experiencing revenue loss. The CARES Act earmarked $8 billion dollars for relief payments to tribes across the country. Yes. Until the ACFR grants it official status, the XML 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. In general, no. 4. Such assistance may be provided using amounts received from the Fund in the absence of a requirement to close businesses if the relevant government determines that such expenditures are necessary in response to the public health emergency. The CFDA number assigned to the Fund is 21.019. 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. Yes. For complete information about, and access to, our official publications While every effort has been made to ensure that Accordingly, the lost revenue/government services category is the broadest and most flexible. Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d) of the Social Security Act. Federal Register provide legal notice to the public and judicial notice These markup elements allow the user to see how the document follows the The Public Inspection page may also 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. to the courts under 44 U.S.C. The CARES Act established the Coronavirus Relief Fund (the Fund) and appropriated $150 billion to the Fund. 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? The guidance published below is unchanged from the last version of the guidance dated September 2, 2020,[1] The new deadlines are highlighted. 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 page is for eligible state, local, territorial, and Tribal governments that are requesting Coronavirus State and Local Fiscal Recovery Funds. Your donation to this fund will help stop the spread of the virus, including the highly contagious Omicron variant, to protect us all. Treasury recognizes that schools are generally incurring an array of COVID-19-related expenses to either provide distance learning or to re-open. Tribes will need to be strategic about which funding source to use for each project. Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments. The Guidance states that the Fund may support a broad range of uses including payroll expenses for several classes of employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. What are some examples of types of covered employees? Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: 5. Low 44F. 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. 2. documents in the last year, 981 The permissible uses are also subject to modification, as the Treasury Department may modify the Interim Final Rule and Frequently Asked Questions. 1. 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. 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? 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. 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. 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 . 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. 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. 553 do not apply to the extent that there is involved . On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law. 2. Expenses for public safety measures undertaken in response to COVID-19. 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. The Guidance includes workforce bonuses as an example of ineligible expenses but provides that hazard pay would be eligible if otherwise determined to be a necessary expense. documents in the last year, 11 The Treasury Department will release the FRF allocations to tribes in two tranches, the first in May and the second in June. Tribes have broad discretion and substantial time to use FRF, allowing for strategic planning and projects with long-term impacts. 1. ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. 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. These include: Although tribes have broad discretion within the above categories of infrastructure, the Treasury Department clarified in the Interim Final Rule that general infrastructure spending (roads, energy, etc.) 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. Enhanced Federal Match for Medicaid Programs. Are governments required to submit proposed expenditures to Treasury for approval? 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. documents in the last year, 36 Treasury's Office of Inspector General (OIG) will use this guidance in its audits of recipients' use of funds. Please provide the following instructions to your Financial Institution for the remittance of Fedwire payments to the Department of the Treasury. 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. documents in the last year, by the Coast Guard 4. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. Of particular relevance for the Fund, payments may not be expended for an abortion, for health benefits coveragemeaning a package of services covered by a managed health care provider or organization pursuant to a contract or other arrangementthat includes coverage of abortion, for the creation of a human embryo or embryos for research purposes, or for research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and 42 U.S.C. This Holland & Knight alert addresses the latest FRF developments, important deadlines and some key takeaways for tribal governments to consider as they decide how to prioritize their spending of these funds. 52. 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. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. 30. A recipient may use payments from the Fund to purchase a durable good that is to be used during the current period and in subsequent periods if the acquisition in the covered period was necessary due to the public health emergency. documents in the last year, 663 If the responsible government official determines that expenses incurred to refund eligible higher education expenses are necessary and would be incurred due to the public health emergency, then such expenses would be eligible as long as the expenses satisfy the other criteria set forth in section 601(d) of the Social Security Act. In addition, guardians or payees . by the Foreign Assets Control Office 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. 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. 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. 47. 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. for better understanding how a document is structured but The Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. Within two weeks of April 14, when the. 3. 17. This guidance primarily concerns the use of payments from the Fund set forth in section 601(d) of the Social Security Act. Fund payments are not subject to the Cash Management Improvement Act of 1990, as amended. The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. 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 And the reservation's borders are fluid, so even the tribe's extensive precautions haven't been enough to fully protect Colville . Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? 004-2021 executive order related to navajo nation state of emergency due to the coronavirus; resuming services of navajo nation government offices and related entities 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). 03/03/2023, 159 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. What rules apply to the proceeds of disposition or sale of assets acquired using payments from the Fund? Governments are responsible for making determinations as to what expenditures are necessary due to the public health emergency with respect to COVID-19 and do not need to submit any proposed expenditures to Treasury. 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. 42. 45. 44. If a government has not used funds it has received to cover costs that were incurred by December 31, 2021, as required by the statute, those funds must be returned to the Department of the Treasury. What records must be kept by governments receiving payment? Yes, if a government determines such assistance to be a necessary expenditure. (In other words, such costs would be eligible direct costs of the recipient). Once the email address is confirmed please provide your Account Number to activate your Print Subscription Service. The Colville Tribes Announces COVID-19 Emergency Relief 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. These provisions do not prohibit the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). 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. 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. The purpose of COVID-19 Assistance to help eligible Tribal Members maintain their health, well-being, independence, and quality of life during the COVID-19 Pandemic. 1. 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. on The US Congress passed and President Biden signed the Act, which included an. 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. 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. has no substantive legal effect. B. Yes. 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 . 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.