Questions Related to Administration of Fund Payments. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? 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). The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations on the permissible use of Fund payments. Avery Street A3-G, Bureau of the Fiscal Service, P.O. 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. Mumbai, Delhi, TN, Gujarat, UP, WB, Rajasthan, Karnataka, Andhra Pradesh, Haryana, MP. This statutory structure was based on a recognition that it is more administratively feasible to rely on States, rather than the federal government, to manage the transfer of funds to smaller local governments. First, we estimate the state will receive about $9.5 billion from the Coronavirus Relief Fund (CRF) . The second payment will include the pro rata share of the employment allocation for each tribal government that confirms or amends its 2019 employment numbers. edition of the Federal Register. 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. 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. 16. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers' compensation coverage. This guidance primarily concerns the use of payments from the Fund set forth in section 601(d) of the Social Security Act. Tribal COViD-19 DisasTer assisTanCe aPPliCaTiOn. informational resource until the Administrative Committee of the Federal 1. 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. Coronavirus State and Local Fiscal Recovery Funds The American Rescue Plan provides $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. Get an email notification whenever someone contributes to the discussion. 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. For example, if determined to be a necessary expenditure, a government could provide grants to individuals facing economic hardship to allow them to pay their utility fees and thereby continue to receive essential services. incurring additional costs of providing meals. that agencies use to create their documents. were incurred during the period that begins on March 1, 2020, and ends on December 31, 2022. documents in the last year, by the Coast Guard 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. May recipients deposit Fund payments into interest bearing accounts? 2. Use the 'Report' link on Contact the Eviction Defense Screening Line at 855-657-8387 or apply online at the Northwest Justice Project . 10. 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. documents in the last year. Previous guidance regarding the requirement that payments from the Fund may only be used to cover costs that were incurred during the period that begins on March 1, 2020, and ends on December 31, 2021 focused on the acquisition of goods and services and leases of real property and equipment, but the same principles apply to acquisitions and improvements of real property and acquisitions of equipment. The remaining 35 percent ($6.65 billion) will be allocated pro rata based on each tribe's total government and business employees. The COVID-19 pandemic is one of the worst health and economic crises in modern history and it continues to require the best of humanity to overcome. L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. Until the ACFR grants it official status, the XML On October 19, 2020, Questions A.57-59 and B.13 were added and Questions A.42, 49, and 53 were revised. [3], 3. Costs of providing COVID-19 testing, including serological testing. Any such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. hbbd```b``v@$X( &H`@$ Vj` D:I v{Ha`bd]v# >U Territories, and eligible units of local government are based on population as provided in the CARES Act. May Fund payments be used to assist impacted property owners with the payment of their property taxes? Be Proactive. Overview. Learn more about PPP COVID-19 EIDL This low-interest loan provides help to businesses experiencing revenue loss. Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act as implemented by the Guidance. Yes, expenses associated with contact tracing are eligible.Start Printed Page 4189. New Documents documents in the last year, 981 The deadline to confirm or amend 2019 employment numbers is June 21, 2021. Recipients may not apply their indirect costs rates to payments received from the Fund. Fund payments may be used only for expenditures necessary to address the current COVID-19 public health emergency. Remarks by Assistant Secretary Elizabeth Rosenberg for Terrorist Financing and Financial Crimes at the Association of Women in International Trade. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. Payroll includes certain hazard pay and overtime, but not workforce bonuses. 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. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions. 24. 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. You will need to be able to document your claim. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. 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. Check receipts (not preferred)Checks may be sent to one of the following addresses (depending on the method of delivery). With respect to personnel expenses, though the Fund was not intended to be used to cover government payroll expenses generally, the Fund was intended to provide assistance to address increased expenses, such as the expense of hiring new personnel as needed to assist with the government's response to the public health emergency and to allow recipients facing budget pressures not to have to lay off or furlough employees who would be needed to assist with that purpose. Treasury's Office of Inspector General has provided the following guidance in its FAQ no. No. If a government determines that the issuance of TANs is necessary due to the COVID-19 public health emergency, the government may expend payments from the Fund on the interest expense payable on TANs by the borrower and unbudgeted administrative and transactional costs, such as necessary payments to advisors and underwriters, associated with the issuance of the TANs. The US Congress passed and President Biden signed the Act, which included an. Yes. 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 a unit of local government receiving a Fund payment transfer funds to another unit of government? Expenses to facilitate distance learning, including technological improvements, in connection with school closings to enable compliance with COVID-19 precautions. The Public Inspection page may also Although tribal governments have an additional two years to utilize FRF, the Treasury Department also clarified that FRF generally cannot be spent retroactively. Law and Justice. Does the National Environmental Policy Act. The Confederated Tribes of the Colville Reservation is operating its CCDF program under a P.L. 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. In addition, guardians or payees . Receiving a PPP or EIDL grant or loan for COVID-19 would not necessarily make a small business ineligible to receive a grant from Fund payments made to a recipient. acquiring computers and similar digital devices; acquiring and installing additional ventilation or other air filtering equipment; incurring additional transportation costs; or. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. on 0. The Canada Community Revitalization Fund provides up to $750,000 or $1 million to not-for-profit organizations, municipalities, public institutions and Indigenous communities for projects to revitalize communities across Canada. 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. The Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements apply to any non-federal entity, as defined in 2 CFR 200.69, that receives payments from the Fund in the amount of $750,000 or more. 6. How the fund developed during the pandemic. Enclosed please find an application form and instructions. Paycheck Protection Program This forgivable loan helps keep your workforce employed. Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by the recipient as an employer? 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. However, tribes must request the payment through the Treasury Department's portal. As discussed in previous Treasury guidance on use of the Fund, a recipient's small business assistance program should be tailored to assist those businesses in need of such assistance. As discussed in the Guidance above, the CARES Act provides that payments from the Fund must be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020. 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. Similarly, in recognition of the likelihood of supply chain disruptions and increased demand for certain goods and services during the COVID-19 public health emergency, if a recipient enters into a contract requiring the delivery of goods or performance of services by December 31, 2021, the failure of a vendor to complete delivery or services by December 31, 2021, will not affect the ability of the recipient to use payments from the Fund to cover the cost of such goods or services if the delay is due to circumstances beyond the recipient's control. Please contact your responsible Holland & Knight lawyer or the authors of this alert for timely advice. Speeding the recovery of the tourism, travel and hospitality sectors. 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. Tribes have broad discretion and substantial time to use FRF, allowing for strategic planning and projects with long-term impacts. 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 Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. documents in the last year, 35 The Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. No. Treasury has now distributed 60 percent of the $8 billion dollars to tribes with 40 percent remaining to be distributed. Accordingly, the lost revenue/government services category is the broadest and most flexible. Low 44F. 47. publication in the future. Home Hopi Tribe CARES Act Committee Hopi Tribe COVID Emergency Assistance PP. Yes. 38. 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 A vaccination site on the. 254 through 256). All rights reserved. Are States permitted to use Fund payments to support state unemployment insurance funds generally? 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. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? 116-260 (Dec. 27, 2020), Budget, Financial Reporting, Planning and Performance, Financial Markets, Financial Institutions, and Fiscal Service, Treasury Coupon-Issue and Corporate Bond Yield Curve, Treasury International Capital (TIC) System, Kline-Miller Multiemployer Pension Reform Act of 2014, Taxpayers Will See Improved Service This Filing Season Thanks to Inflation Reduction Act, Disparities in the Benefits of Tax Expenditures by Race and Ethnicity, Racial Differences in Economic Security: Non-Housing Assets, Treasury Sanctions People Involved in Serious Human Rights Abuse Against Vladimir Kara-Murza, Treasury Announces Approval of Up to $890.7 Million to Support Small Business Success Across Three States, Treasury Sanctions CJNG-Run Timeshare Fraud Network. May a State receiving a payment transfer funds to a local government? General. each of which was published on Treasury's website, except for the following changes. 748 CARES ACT signed into Law Stimulus Checks - Economic Impact Payment Info Center - Check your eligibility plus more FAQ Expenses incurred to publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to the public health emergency. 3. 9. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. The following examples help illustrate how the presumption may or may not be used: Example 1: State A may transfer Fund payments to each school district in the State totaling $500 per student. 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. However, Fund payments may be used for the expenses of, for example, establishing temporary public medical facilities and other measures to increase Start Printed Page 4190COVID-19 treatment capacity or improve mitigation measures, including related construction costs. Initial guidance released on April 22, 2020, provided that the cost of an expenditure is incurred when the recipient has expended funds to cover the cost. For the full text of these requirements, see Title V of Pubic Law 116-94 (133 Stat. 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. Are there prohibitions on combining a transaction supported with Fund payments with other CARES Act funding or COVID-19 relief Federal funding? 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.
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