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10:00am to 11:30am PDT . The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that. We'd love to hear eyewitness The Biden-Harris Administration is providing free access to COVID-19 vaccines for every adult living in the United States. It was viewed 18 times while on Public Inspection. Promotional Rates were found for your code. PLEASE TURN OFF YOUR CAPS LOCK. 03/03/2023, 43 Information contained in this alert is for the general education and knowledge of our readers. 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? Along with being the columnist of Soundemonium Musaic, Scott Rains is also a police, fire, Native Affairs and roller derby reporter for The Lawton Constitution. With more than 100 cases of COVID-19 identified on the . What would qualify as a substantially different use for purposes of the Fund eligibility? Box 167 Concho, OK 73022 Phone: (405) 422-7580 Fax: (405) 422-8246 Email: HOPE@cheyenneandarapaho-nsn.gov. Cheyenne and Arapaho Tribes HOPE Program P.O. Coronavirus Relief Fund (CRF). 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. 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. 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. Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. 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. A cost is not considered to have been accounted for in a budget merely because it could be met using a budgetary stabilization fund, rainy day fund, or similar reserve account. The COVID-19 relief funds originate from the Biden-Harris Administration's landmark American Rescue Plan Act (ARP). Note that a public function does not become a substantially different use merely because it is provided from a different location or through a different manner. Be Nice. Email . This result provides equitable treatment to governments that, for example, instead of having a few employees who are substantially dedicated to the public health emergency, have many employees who have a minority of their time dedicated to the public health emergency. 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. Get an email notification whenever someone contributes to the discussion. See 42 CFR 433.51 and 45 CFR 75.306. 3. 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. 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. 32. 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. The Treasury Department made clear during the consultations that tribes that fail to confirm or amend their 2019 employment numbers by June 21 will not receive a payment from the employment allocation. Marie. Funds are available to reimburse districts for a 25% share of costs associated with personal protective equipment (PPE) and medical and cleaning supplies for school buildings and . . 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). 102-477 Plan and intends to provide the following services in accordance with its approved 477 47. No. The most recently approved budget refers to the enacted budget for the relevant fiscal period for the particular government, without taking into account subsequent supplemental appropriations enacted or other budgetary adjustments made by that government in response to the COVID-19 public health emergency. Treasury is pleased to accept requests for Coronavirus State and Local Fiscal Recovery Funds. The first quarterly report will cover from date FRF is received to Sept. 30, 2021. A few highlights of what's included in the package: Creates a $150 billion Coronavirus Relief Fund for state, local and tribal governments. As stated in the Guidance above, Treasury considers the requirement that payments from the Fund be used only to cover costs that were not accounted for in the budget most recently approved as of March 27, 2020, to be met 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. Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the public health emergency. The amount of a grant to a small business to reimburse the costs of business interruption caused by required closures would also be an eligible expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance. At stake is about $500 million. 1. May a State provide assistance to farmers and meat processors to expand capacity, such to cover overtime for USDA meat inspectors? The American Rescue Plan allocated $20 billion in Fiscal Recovery Funds (FRF) to tribes. 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. 5423 0 obj <>/Filter/FlateDecode/ID[<5F689BCC1EF8244F90DAC385661FF4B0><9322B044ED388A4896D8D2CCA536C7F2>]/Index[5401 34]/Info 5400 0 R/Length 109/Prev 351616/Root 5402 0 R/Size 5435/Type/XRef/W[1 3 1]>>stream Be Proactive. 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. FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. 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. Should States receiving a payment transfer funds to local governments that did not receive payments directly from Treasury? Register documents. Coronavirus Relief Fund Guidance for State, Territorial, Local, and Tribal Governments; Coronavirus Relief Fund FAQ's; COVID-19 Response Supply Reimbursement Grant. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. documents in the last year, 282 It is not an official legal edition of the Federal 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. 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. 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. The PEAF provides funding to states (which includes the District of Columbia), tribes administering a TANF program, and five U.S. territories[1] to assist needy families impacted by the Coronavirus Disease 2019 (COVID-19) pandemic. If an employee is not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, his or her payroll and benefits expenses may not be covered in full with payments from the Fund. Yes, expenses associated with contact tracing are eligible.Start Printed Page 4189. May Fund payments be provided to non-profits for distribution to individuals in need of financial assistance, such as rent relief? Other restrictions, such as restrictions on reopening that do not directly concern the use of funds, are not permissible. 41. 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. 46. 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. were incurred during the period that begins on March 1, 2020, and ends on December 31, 2022. NEPA does not apply to Treasury's administration of the Fund. Both grants provide funding to respond to the COVID-19 outbreak and the impacts of the COVID-19 outbreak. This category includes premium pay to a broad range of essential workers whose work requires regular in-person interactions including, among others: Premium pay that would increase a worker's total pay above 150 percent of the greater of the state or county average annual wage requires specific justification. daily Federal Register on FederalRegister.gov will remain an unofficial Yes. offers a preview of documents scheduled to appear in the next day's This approach will ensure equitable treatment among local governments of all sizes. incurring additional costs of providing meals. 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. Winds ENE at 5 to 10 mph. The Treasury Department will finalize the interim rules and continue to publish additional FAQs on FRF that will require monitoring. 3. 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. The rule involves a matter relating to public property, loans, grants, benefits, or contracts and is therefore exempt under the terms of the APA.Start Printed Page 4183. 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. The State incurs an obligation to FEMA in the amount of the payment to the ineligible individual. 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. Register, and does not replace the official print version or the official The federal Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") provided Massachusetts with a total of approximately $2.5 billion through the new Coronavirus Relief Fund (CvRF) to use for expenditures related to the COVID-19 public health emergency. on 59. Are States permitted to use Fund payments to support state unemployment insurance funds generally? the current document as it appeared on Public Inspection on documents in the last year, 86 As a matter of administrative convenience, the entire payroll cost of an employee whose time is substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible, provided that such payroll costs are incurred by December 31, 2021. 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.) Are costs associated with increased solid waste capacity an eligible use of payments from the Fund? 42 U.S.C. 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. Use the 'Report' link on each comment to let us know of abusive posts. 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. 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? To what extent may a government use Fund payments to support the operations of private hospitals? 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. Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such as the Single Audit Act, discussed below. The Regulatory Flexibility Act does not apply to a rulemaking when a general notice of proposed rulemaking is not required. 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. 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. Blog; Press Room; Subscribe for Updates; About Us. Information about this document as published in the Federal Register. These are Covid-19@oneidanation.org and (920) 869-4481. The first payments will be distributed on October 4, 2021 and the second payments will be distributed on January 7th, 2022. 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. Treasury has made payments from the Fund to States and eligible units of local government; the District of Columbia and U.S. The OFR/GPO partnership is committed to presenting accurate and reliable Avery Street A3-G, Bureau of the Fiscal Service, P.O. Territories, and eligible units of local government are based on population as provided in the CARES Act. 7. regulatory information on FederalRegister.gov with the objective of Expenditures related to a State, territorial, local, or Tribal government payroll support program. 39. L. No. The Interim Final Rule prescribes the methodology to be used, and compares actual revenue to anticipated revenue in 2020, 2021, 2022 and 2023. 21. %PDF-1.6 % 13. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions. 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 . Finally, the CARES Act provides 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 (the covered period). 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? Winds light and variable.. Clear skies. 2. Questions Related to Administration of Fund Payments. 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. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Data sources and the distribution methodology for units of local government. Consistent with the needs of all local governments for funding to address the public health emergency, States should transfer funds to local governments with populations of 500,000 or less, using as a benchmark the per capita allocation formula that governs payments to larger local governments. 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. Oneida Nation General Manager Mark Powless has announced the Nation's plan for membership distribution of received federal relief funds and tribal contributions. Do governments have to return unspent funds to Treasury? To be eligible for the General Distributions, a provider must have billed Medicare fee-for-service in 2019, be a known Medicaid and CHIP or dental provider and provide or provided after January 31, 2020 diagnoses, testing, or care for individuals with possible or actual cases of COVID-19.