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. Please see the answer provided by the IRS available at https://www.irs.gov/newsroom/cares-act-coronavirus-relief-fund-frequently-asked-questions. May Fund payments be used for expenditures related to the administration of Fund payments by a State, territorial, local, or Tribal government? Must a State, local, or tribal government require applications to be submitted by businesses or individuals before providing assistance using payments from the Fund? 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. The Treasury Department will finalize the interim rules and continue to publish additional FAQs on FRF that will require monitoring. The assistance provided from the Fund would need to satisfy all of the other requirements set forth in section 601(d) of the Social Security Act as discussed in Treasury's guidance and FAQs, and the business would need to comply with all applicable requirements of the PPP or EIDL program. Are recipients required to use other federal funds or seek reimbursement under other federal programs before using Fund payments to satisfy eligible expenses? The first quarterly report will cover from date FRF is received to Sept. 30, 2021. In some cases, first responders and critical health care workers that contract COVID-19 are eligible for workers' compensation coverage. 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. 2. Upon further consideration and informed by an understanding of State, local, and tribal government practices, Treasury is clarifying that for a cost to be considered to have been incurred, performance or delivery must occur during the covered period but payment of funds need not be made during that time (though it is generally expected that this will take place within 90 days of a cost being incurred). 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. Furthermore, in all cases it must be necessary that performance or delivery take place during the covered period. This prototype edition of the The permissible uses are also subject to modification, as the Treasury Department may modify the Interim Final Rule and Frequently Asked Questions. Within two weeks of April 14, when the. 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. Fund payments are subject to the following requirements in the Uniform Guidance (2 CFR part 200): 2 CFR 200.303 regarding internal controls, 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements. For this reason, and as a matter of administrative convenience in light of the emergency nature of this program, a State, territorial, local, or Tribal government may presume that payroll costs for public health and public safety employees are payments for services substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the chief executive (or equivalent) of the relevant government determines that specific circumstances indicate otherwise. Check receipts (not preferred)Checks may be sent to one of the following addresses (depending on the method of delivery). If governments use Fund payments as described in the Guidance to establish a grant program to support businesses, would those funds be considered gross income taxable to a business receiving the grant under the Internal Revenue Code (Code)? Additionally, the cost of goods purchased in bulk and delivered during the covered period may be covered using payments from the Fund if a portion of the goods is ordered for use in the covered period, the bulk purchase is consistent with the recipient's usual procurement policies and practices, and it is impractical to track and record when the items were used. Confederated Tribes of the Colville Nation | FEMA.gov and services, go to The first payment will include 1) an amount in respect of the $1 billion allocation that is to be divided equally among eligible tribal governments, and 2) the tribal government's pro rata share of the allocation based on enrollment. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary. PDF The Confederated Tribes of the Colville Reservation documents in the last year, 11 As a general matter, providing assistance to recipients to enable them to meet property tax requirements would not be an eligible use of funds, but exceptions may be made in the case of assistance designed to prevent foreclosures. As discussed above, governments may allocate payroll and benefits of such employees with respect to time worked on COVID-19-related matters. Within this category of substantially different uses, as stated in the Guidance above, Treasury has included payroll and benefits 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. Coronavirus Relief Fund | U.S. Department of the Treasury Do governments have to return unspent funds to Treasury? For example, if an administrative cost is already being covered as a direct or indirect cost pursuant to another federal grant, the Fund may not be used to cover that cost. 33. The purpose of the meeting is to review their two statements on voting rights and Alaska Native concerns. Expenses for public safety measures undertaken in response to COVID-19. FRF may be used to make necessary investments in water, sewer or broadband infrastructure. 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 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 of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs. For the first payment, the Treasury Department will use self-certified enrollment numbers submitted to the Bureau of Indian Affairs in April 2021. Fiscal Accounting Program, Admin & Training Group. Medicaid is an entitlement program whose costs generally are shared between the federal government and states based on a set formula. CDC is using a multifaceted approach to allocate COVID-19 funding to Indian Country, enabling broad access to COVID-19 resources across tribal communities: $152.8 million to tribal nations, consortia, and organizations through a new noncompetitive grant, Supporting Tribal Public Health Capacity in Coronavirus Preparedness and Response The deadline to request funding for the first payment is June 7, 2021. Do not send any privileged or confidential information to the firm through this website. The COVID-19 relief funds originate from the Biden-Harris Administration's landmark American Rescue Plan Act (ARP). 5. May Fund payments be used to cover such an employee's entire payroll cost or just the portion of time spent on mitigating or responding to the COVID-19 public health emergency? As provided in FAQ A.47, a State, local, or tribal government may also track time spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so consistently within the relevant agency or department. Coronavirus (COVID-19) has had visible impact on impoverished communities via lack of medical equipment / supplies and loss of basic resources, including food and water. Coronavirus Relief Fund by GlobalGiving Story Projects . 42. 10. 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. In the context of acquisitions of real estate and acquisitions of equipment, this means that the acquisition itself must be necessary. 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. The $1.9 trillion American Rescue Plan Act allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. We are developing a Disaster Relief Fund to assist the . 38. 59. The Carnegie-based tribe received the news from the U.S. Treasury Department regarding its Fiscal Recovery Funds from the act. 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. Notifications from this discussion will be disabled. 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. Delivering assistance to workers and families, including aid to unemployed workers, as well as aid to households facing food, housing or financial insecurity. 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. 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. 53. These are Covid-19@oneidanation.org and (920) 869-4481. But COVID-19 cases are hitting record highs throughout the state. After receiving feedback from tribal leaders through formal consultations and comment letters, the Treasury Department announced that it will allocate the $19 billion based on tribal enrollment and employment numbers. better and aid in comparing the online edition to the print edition. No. 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 . 9. Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund? 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. 40. To register someone . 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. . $1.99 COVID-19 DISASTER RELIEF FUND | RosebudSiouxTribe 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. 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. This feature is not available for this document. 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 . The prohibition on payment for abortions and health benefits coverage that includes coverage of abortion does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. 3. Treasury recognizes that schools are generally incurring an array of COVID-19-related expenses to either provide distance learning or to re-open. Remarks by Assistant Secretary Elizabeth Rosenberg for Terrorist Financing and Financial Crimes at the Association of Women in International Trade. COVID-19 Information - Cheyenne & Arapaho Tribes New Documents 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. Once the reduction in revenue is identified, tribes can use FRF with broad latitude to support government services. 553 do not apply to the extent that there is involved . that is degrading to another person. 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. L. 116-94) for funds for programs authorized under section 330 through 340 of the Public Health Service Act (42 U.S.C. on 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. 13. This allows time for tribes to plan projects with potential for generational impacts. The Treasury Department's guidance clarifies that performance/delivery may occur until Dec. 31, 2026. The Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements do not apply to beneficiaries. 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. Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments; Coronavirus Relief Fund FAQ's; COVID-19 Response Supply Reimbursement Grant. 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. 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. 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. Get an email notification whenever someone contributes to the discussion. corresponding official PDF file on govinfo.gov. The methodology allows tribes to include all revenue from tribal enterprises, including gaming. Payments to Tribal governments have been determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and Indian Tribes.
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