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. Promoting healthy childhood environments, including new or expanded high-quality childcare, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. 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. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. 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). General. Workforce bonuses other than hazard pay or overtime. 19. 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. 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. 39. Please note: This alert was updated with deadline extensions from the U.S. Department of the Treasury. RELIEF FUND. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. 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 . 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. 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. For any questions about the SRMT COVID-19 Household Disaster Relief Program, please contact the Tribe's Compliance Department at (518) 358-2272 or email compliance@srmt-nsn.gov. CARNEGIE The Kiowa Tribe of Oklahoma has received official confirmation it will receive almost $51 million from the American Rescue Plan Act. 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. The payments constitute other financial assistance under 2 CFR 200.40. The reports will include the same general data (e.g., obligations, expenditures, contracts, grants and sub-awards). 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. executive order no. Additional information on payments to Tribal governments is available under Coronavirus Relief Fund Tribal Allocation Methodology and Tribal Allocation Methodology for Second Distribution, below.Treasury has completed making payments to Tribal governments, other than amounts that have not been paid to Alaska Native corporations pending litigation on that issue. 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. Eligible higher education expenses may include, in the reasonable judgment of the responsible government official, refunds to students for tuition, room and board, meal plan, and other fees (such as activities fees). 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? 11. documents in the last year, 853 the Federal Register. Keep it Clean. DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may change on a daily basis. 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. On September 2, 2020, the Supplemental Guidance on Use of Funds to Cover Payroll and Benefits of Public Employees and Supplemental Guidance on Use of Funds to Cover Administrative Costs sections were added. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. 7. 1. Guidance on eligible uses of Fund disbursements by governments is available below. electronic version on GPOs govinfo.gov. Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. 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. Assistance to households to support internet access or digital literacy. 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. A Notice by the Treasury Department on 01/15/2021. edition of the Federal Register. the material on FederalRegister.gov is accurately displayed, consistent with In March, Congress approved a temporary 6.2 percentage point increase in the federal government's share of cost for state Medicaid . The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible expenses under the Fund. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID19); 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. 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). 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. 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. Are States permitted to use Fund payments to support state unemployment insurance funds generally? Thus, a grant or loan, for example, provided by a recipient using payments from the Fund must be used by the subrecipient only to purchase (or reimburse a purchase of) goods or services for which receipt both is needed within the covered period and occurs within the covered period. May recipients create a payroll support program for public employees? If such assets are disposed of prior to December 31, 2021, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. each comment to let us know of abusive posts. 46. 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. informational resource until the Administrative Committee of the Federal 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. As reflected in the Guidance and FAQs, Treasury has not interpreted this provision to limit eligible costs to those that are incremental increases above amounts previously budgeted.
The Treasury Department's guidance previewed several reporting requirements that tribes will need to satisfy as they spend FRF. 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. 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. 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. 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. developer tools pages. documents in the last year, 282 And the reservation's borders are fluid, so even the tribe's extensive precautions haven't been enough to fully protect Colville . 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? As noted previously on Treasury's website, on August 10, 2020, the frequently asked questions were revised to add Questions A.49-52. The federal coronavirus relief package, known as the American Rescue Plan, which took effect in March, earmarked $20 billion for tribal governments an unprecedented federal investment in . Tribal governments whose submissions were complete were notified of their status. These are Covid-19@oneidanation.org and (920) 869-4481. L. No. 53. 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. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency. Threats of harming another For example, although developing online instruction capabilities may be a substantially different use of funds, online instruction itself is not a substantially different use of public funds than classroom instruction. 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. 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. 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? Similar to state and local governments, tribal governments are eligible for CRF funds . Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. The Tribe has a responsibility to protect and promote the general welfare interests of its members and to assist in providing support to its members. Tribes will need to be strategic about which funding source to use for each project. 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. 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. Below is a summary of the permissible uses within each category as announced by the Treasury Department, but it is not an exhaustive list. Federal Register issue. Sunny. The American Rescue Plan allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? 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. documents in the last year, 822 In this Issue, Documents Blog; Press Room; Subscribe for Updates; About Us.
12. 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR 200.303 regarding internal controls, 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. COVID-19-related expenses of public hospitals, clinics, and similar facilities. Box 1328, Parkersburg, WV 26106-1328. 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. Email . Contact the Eviction Defense Screening Line at 855-657-8387 or apply online at the Northwest Justice Project . Check receipts (not preferred)Checks may be sent to one of the following addresses (depending on the method of delivery). Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. 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? Document page views are updated periodically throughout the day and are cumulative counts for this document. %%EOF
Yes, provided that the transferred funds are used by the local government for eligible expenditures under the statute. The Treasury Department will release additional guidance on reporting requirements at a later date. 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. Stephen T. Milligan, Deputy Assistant General Counsel (Banking & Finance), 202-622-4051. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. However, as noted below, recipients may not use payments from the Fund to cover expenditures for which they will receive reimbursement. The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government within its borders? executive order. A few highlights of what's included in the package: Creates a $150 billion Coronavirus Relief Fund for state, local and tribal governments. The CFDA number assigned to the Fund is 21.019. Copyright 19962023 Holland & Knight LLP. 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. Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. Such expenditures would only be permissible if they are necessary for the public health emergency. In particular, financial assistance to private hospitals could take the form of a grant or a short-term loan. States are fully permitted to use payments from the Fund to satisfy 100% of their cost share for lost wages assistance recently made available under the Stafford Act.
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