What are the differences between a subrecipient and a beneficiary under the Fund for purposes of the Single Audit Act and, https://www.federalregister.gov/d/2021-00827, MODS: Government Publishing Office metadata, https://www.irs.gov/newsroom/cares-act-coronavirus-relief-fund-frequently-asked-questions, https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf, https://www.congress.gov/116/plaws/publ94/PLAW-116publ94.pdf, Originator to Beneficiary InformationLine 1, Originator to Beneficiary InformationLine 2, Originator to Beneficiary InformationLine 3, Originator to Beneficiary InformationLine 4. The Department of the Treasury (Treasury) is re-publishing in final form the guidance it previously made available on its website regarding the Coronavirus Relief Fund for States, tribal governments, and certain eligible local governments. 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 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 Guidance says that funding can 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. Register documents. May Fund payments be provided to non-profits for distribution to individuals in need of financial assistance, such as rent relief? As noted previously on Treasury's website, on August 10, 2020, the frequently asked questions were revised to add Questions A.49-52. 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. The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. 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. Federal Register provide legal notice to the public and judicial notice 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. 50. 8. 55. accounts, the history behind an article. The Treasury Department's guidance previewed several reporting requirements that tribes will need to satisfy as they spend FRF. 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. 2. State A does not need to document the specific use of the Fund payments by the school districts within the State. ELIGIBILITY CRITERIA Direct Submissions This page is for eligible state, local, territorial, and Tribal governments that are requesting Coronavirus State and Local Fiscal Recovery Funds. COVID-19-related expenses of public hospitals, clinics, and similar facilities. 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. Treasury's Office of Inspector General has provided the following guidance in its FAQ no. or anything. . documents in the last year. Colville Tribe member Michelle Thomas, left, receives a Covid screening from Medical Support Assistant Deb Stanczak before Thomas received her second dose of the Covid 19 vaccine on Wednesday . All costs of such employees may be covered using payments from the Fund for services provided during the period that begins on March 1, 2020, and ends on December 31, 2021. 29. A unit of local government eligible for receipt of direct payment includes a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level with a population that exceeds 500,000. 0 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. If the business has received a loan from the SBA that may be forgiven, the recipient should assume for purposes of determining the business' need that the loan will be forgiven. 007-2021 navajo nation state of emergency; mandating covid-19 vaccinations for navajo nation employees; executive order no. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. documents in the last year, 35 All rights reserved. In recognition of the particular importance of public health and public safety workers to State, local, and tribal government responses to the public health emergency, Treasury has provided, as an administrative accommodation, that a State, local, or tribal government may presume that public health and public safety employees meet the substantially dedicated test, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. Rather, Treasury has interpreted this provision to exclude items that were already covered for their original use (or a substantially similar use). 10. Click "accept" below to confirm that you have read and understand this notice. 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). As discussed in FAQ A.29, hazard pay may be covered using payments from the Fund if it is provided for performing hazardous duty or work involving physical hardship that in each case is related to COVID-19. These tools are designed to help you understand the official document The Colville Business Council took swift action to mandate the vaccine this spring, when they passed a resolution that allowed only for medical exemptions. This table of contents is a navigational tool, processed from the Recipients may not apply their indirect costs rates to payments received from the Fund. 6. As noted previously on Treasury's website, on June 30, 2020, the guidance provided under Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020 was updated. Fund payments may not be used for government revenue replacement, including the provision of assistance to meet tax obligations. Current Print Subscribers will be prompted to either login to their current site user account or to create a new one. If capital improvement projects are not necessary expenditures incurred due to the COVID-19 public health emergency, then Fund payments may not be used for such projects. the official SGML-based PDF version on govinfo.gov, those relying on it for 13. ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. Description of original award (Fiscal Year 2020, $70,674) The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. 2. 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. The Treasury Department will release the FRF allocations to tribes in two tranches, the first in May and the second in June. Public health employees would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical staff assigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g., laboratory technicians) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. 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. If the Treasury Office of Inspector General determines that a Fund recipient has failed to comply with the use restrictions set forth in section 601(d) of the Social Security Act, the Fund recipient should follow the instructions provided by the Treasury Office of Inspector General for satisfaction of the related debt rather than following these instructions. 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. Once the email address is confirmed please provide your Account Number to activate your Print Subscription Service. 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. 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? 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 would include, for example, the costs of redeploying corrections facility staff to enable compliance with COVID-19 public health precautions through work such as enhanced sanitation or enforcing social distancing measures; the costs of redeploying police to support management and enforcement of stay-at-home orders; or the costs of diverting 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. Under the CARES Act, the Fund is to be used to make payments for specified uses to States and certain local governments; the District of Columbia and U.S. Eligible expenditures include, but are not limited to, payment for: 3. Any amounts not repaid by the borrower until after December 31, 2021, must be returned to Treasury upon receipt by the unit of government lending the funds. 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. staff at nursing homes, hospitals and home-care settings, childcare workers, educators and school staff. Costs incurred for a substantially different use include, but are not necessarily limited to, costs of personnel and services that were budgeted for in the most recently approved budget but which, due entirely to the COVID-19 public health emergency, have been diverted to substantially different functions. For example, a transfer from a county to a constituent city would not be permissible if the funds were intended to be used simply to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify as an eligible expenditure. . Out of the $31 billion that tribes will receive, $20 billion will focus on combating COVID-19 and stabilizing safety nets in tribal communities. each of which was published on Treasury's website, except for the following changes. Guidance on Treatment of Alaska Native Corporations, Coronavirus Relief Fund Guidance as published in the Federal Register on January 15, 2021, Coronavirus Relief Fund Tribal Allocation Methodology, Payments to States and Eligible Units of Local Government, Tribal Employment and Expenditure Submission Instructions, Frequently Asked Questions on Tribal Population, Tribal Allocation Methodology for Second Distribution, Recipient Reporting and Record Retention Requirements, Interim Report of Costs Incurred by State and Local Recipients through June 30, Interim Report of Costs Incurred by the District of Columbia and Territories through June 30, Interim Report of Costs by Category Incurred by State and Local Recipients through June 30, Interim Report of Costs by Category Incurred by District of Columbia and Territories through June 30, Coronavirus Relief Fund Allocations to Tribal Governments, Disbursements to Alaska Native Corporations, CRF Guidance Revision Regarding Cost Incurred, Coronavirus Relief Fund Application of the Single Audit Act to Alaska Native Corporations (7/5/2022), Special Inspector General, Troubled Asset Relief Program (SIGTARP), Administrative Resource Center (ARC)- Bureau of the Fiscal Service. 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. Treasury has made payments from the Fund to States and eligible units of local government; the District of Columbia and U.S. May recipients use Fund payments to expand rural broadband capacity to assist with distance learning and telework? electronic version on GPOs govinfo.gov. Likewise, an improvement, such as the installation of modifications to permit social distancing, would need to be determined to be necessary to address the COVID-19 public health emergency. 38. 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. 32. Avery Street A3-G, Bureau of the Fiscal Service, P.O. 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. documents in the last year, 940 If a recipient must issue tax anticipation notes (TANs) to make up for tax due date deferrals or revenue shortfalls, are the expenses associated with the issuance eligible uses of Fund payments? 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. documents in the last year, 282 The Colville Tribes Announces COVID-19 Emergency Relief Payments. The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. documents in the last year, 36 The CARES Act directs Treasury to use U.S. Census Bureau data for the most recent year for which data is available. the Federal Register. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. 26. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to make direct payments to local governments with populations in excess of 500,000, in amounts equal to 45% of the local government's per capita share of the statewide allocation. COVID-19. Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Please provide the following instructions to your Financial Institution for the remittance of Automated Clearing House (ACH) credits to the Department of the Treasury. If a government deposits Fund payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. 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. 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. Projects supported with payments from the Fund may still be subject to NEPA review if they are also funded by other federal financial assistance programs. Don't knowingly lie about anyone While many people are waiting anxiously for 2020 - a year rife with disasters and vitriol - to finally end, tribal governments in Oregon are anxious about what will happen to COVID-19 relief . A centralized phone number and email have been activated where all questions about the Nation's precautionary measures, that are not health-related, can be directed. 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). The funding will help reimburse the Colville Tribes for response and recovery costs resulting from near-record Okanogan River flooding in May. The U.S. Department of the Treasury has recently announced how it will allocate these funds among tribes and provided guidance on how these funds can be used. 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. 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. General. Every adult tribal member is eligible for this assistance and eligibility is not based on household size. May a State receiving a payment transfer funds to a local government? Supporting small businesses, helping them to address financial challenges caused by the pandemic, and to make investments in COVID-19 prevention and mitigation tactics. As stated in the Guidance, 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. Such an expense would include, for example, expenses incurred to comply with the Single Audit Act and reporting and recordkeeping requirements imposed by the Office of Inspector General. documents in the last year, 513 Quarterly reports will include financial data, information on contacts and sub-awards more than $50,000, the types of projects funded and other information regarding utilization of FRF. PLEASE TURN OFF YOUR CAPS LOCK. Please see Treasury Office of Inspector General FAQs at https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/OIG-CA-20-028.pdf regarding reporting in the GrantSolutions portal. 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. This means that, if this presumption applies, work performed by such employees is considered to be a substantially different use than accounted for in the most recently approved budget as of March 27, 2020. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? 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. 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. 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 . Check receipts (not preferred)Checks may be sent to one of the following addresses (depending on the method of delivery). Yes, if a government determines such assistance to be a necessary expenditure. 40. footnote 2 of the guidance has been revised to reflect additional restrictions imposed by section 5001(b) of Division A the CARES Act; FAQ A.59 has been updated to correct the cross-reference to Treasury OIG's FAQs; and the application of FAQ B.6 has been clarified. How the fund developed during the pandemic. 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. Within two weeks of April 14, when the. on At stake is about $500 million. The CARES Act also 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. 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. See 42 CFR 433.51 and 45 CFR 75.306. Must a stay-at-home order or other public health mandate be in effect in order for a government to provide assistance to small businesses using payments from the Fund? For the full text of these requirements, see Title V of Pubic Law 116-94 (133 Stat. 1. The calculation assumes at least 4.1 percent growth annually. Yes, if the administrative expenses represent an increase over previously budgeted amounts and are limited to what is necessary. 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. (Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. 34. There will be light email coverage on . 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. Share with Us. Treasury has provided examples as to what would constitute a substantially different use. No. Only official editions of the President Joe Biden signed the $1.9 trillion American Rescue Plan into law March 11 with Native American tribes receiving more than $31 billion the largest-ever investment to Native American. 5401 0 obj <> endobj Expenses for public safety measures undertaken in response to COVID-19. Would such expenditures be eligible in the absence of a stay-at-home order? 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. Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the COVID-19 public health emergency and the grants meet the other requirements for the use of Fund payments under section 601(d) of the Social Security Act outlined in the Guidance. Treasury is pleased to accept requests for Coronavirus State and Local Fiscal Recovery Funds. Territories, and eligible units of local government are based on population as provided in the CARES Act. endstream endobj 5402 0 obj <. Please see Treasury's Guidance as updated on June 30 regarding when a cost is considered to be incurred for purposes of the requirement that expenses be incurred within the covered period. According to the tribes information office, the amount received in the first of two allocations is identified as $50,966,838.27. 57. If governments use Fund payments as described in the Guidance to establish a loan program to support businesses, would those funds be considered gross income taxable to a business receiving the loan under the Code? 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 . CARNEGIE The Kiowa Tribe of Oklahoma has received official confirmation it will receive almost $51 million from the American Rescue Plan Act. The Public Inspection page may also May payments from the Fund be used to cover across-the-board hazard pay for employees working during a state of emergency? Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? For example, a county recipient is not required to transfer funds to smaller cities within the county's borders. The CARES Act earmarked $8 billion dollars for relief payments to tribes across the country. Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? Home Hopi Tribe CARES Act Committee Hopi Tribe COVID Emergency Assistance PP. 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.
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