(Nespelem, WA) The Confederated Tribes of the Colville Reservation will distribute disaster relief payments to offset the financial consequences of the COVID-19 pandemic. Keep it Clean. May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to supply chain disruptions? include documents scheduled for later issues, at the request However, general infrastructure spending may be allowed under another category of FRF (e.g., government services). Unlike with the Coronavirus Relief Funds tribal governments received last year, tribes also have several years to spend FRF. 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? for 30 days, Free 102-477 Plan and intends to provide the following services in accordance with its approved 477 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. on The CARES Act directs Treasury to use U.S. Census Bureau data for the most recent year for which data is available. Grantees may use funds to provide certain non-recurrent, short term (NRST) benefits, described in more detail below. The U.S. Supreme Court ruled Friday that Alaska Native regional and village corporations are eligible to receive federal CARES Act funding intended for tribes. Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to those employees whose work duties are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. High 67F. documents in the last year, 20 12. 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The statute 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. 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. 0 1302(a). The Confederated Tribes of the Colville Reservation is operating its CCDF program under a P.L. Although tribal governments have an additional two years to utilize FRF, the Treasury Department also clarified that FRF generally cannot be spent retroactively. 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). Please note: This alert was updated with deadline extensions from the U.S. Department of the Treasury. that is degrading to another person. 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. Paycheck Protection Program This forgivable loan helps keep your workforce employed. 25. accounts, the history behind an article. 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? 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. . FRF may be used to respond to the COVID-19 public health emergency or its negative economic impacts. It has become clear that financial assistance is necessary to assist tribal families in coping with the burdens of these very difficult times.. Treasury made payments beginning on May 5, 2020, based on population to all Tribal governments submitting correct payment information, other than Alaska Native corporations, and made payments beginning on June 12, 2020, based on employment and expenditures to Tribal governments that received payments based on population and that provided supplemental information before established deadlines. (In other words, such costs would be eligible direct costs of the recipient). The purpose of the meeting is to review their two statements on voting rights and Alaska Native concerns. A recipient with such necessary administrative expenses, such as an ongoing audit continuing past December 31, 2021, that relates to Fund expenditures incurred during the covered period, must report to the Treasury Office of Inspector General by the quarter ending September 2022 an estimate of the amount of such necessary administrative expenses. acquiring computers and similar digital devices; acquiring and installing additional ventilation or other air filtering equipment; incurring additional transportation costs; or. New Documents "The pandemic has been stressful for many of our community's families and individuals," concluded Tribal Chief Michael Conners. The tribes executive and legislative branches are working together to form a plan to best utilize the funds to benefit tribal members through programs and services, according to Neely Tsoodle, tribe information officer. 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. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions. electronic version on GPOs govinfo.gov. Public universities have incurred expenses associated with providing refunds to students for education-related expenses, including tuition, room and board, meal plans, and other fees (such as activities fees). 14. 5401 0 obj <> endobj Addressing health disparities and the social determinants of health through funding for community health workers. 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. An employer 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. 45. May Fund payments be used to assist impacted property owners with the payment of their property taxes? CARNEGIE The Kiowa Tribe of Oklahoma has received official confirmation it will receive almost $51 million from the American Rescue Plan Act. Avery Street A3-G, Fiscal Service Warehouse & Operations Center Dock 1, 257 Bosley Industrial Park Drive, Parkersburg WV 26106. Such expenditures would only be permissible if they are necessary for the public health emergency. 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. Tuesday, March 21, 2023 . Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm. 6. Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. 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. Until the ACFR grants it official status, the XML The guidance provides that funding may 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. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as: 6. 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. on Yes. Moreover, the laws of each jurisdiction are different and are constantly changing. Guidance on eligible uses of Fund disbursements by governments is available below. Are States permitted to use Fund payments to support state unemployment insurance funds generally? documents in the last year, 11 Box 1328, Parkersburg, WV 26106-1328. The Treasury Department will finalize the interim rules and continue to publish additional FAQs on FRF that will require monitoring. 52. Provider Relief Fund payments are being disbursed via both "General" and "Targeted" Distributions. For example, Treasury's initial guidance referenced coverage of the costs of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs, as an eligible use of funds. 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 . Treasury has made payments from the Fund to States and eligible units of local government; the District of Columbia and U.S. Treasury's Office of Inspector General has provided the following guidance in its FAQ no. May Fund payments be used to cover increased administrative leave costs of public employees who could not telework in the event of a stay at home order or a case of COVID-19 in the workplace? 46. 3. Treasury provided (in FAQ A.3) that costs incurred for a substantially different use would include, for example, the costs of redeploying 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 such use must be consistent with the requirements of section 601(d) of the Social Security Act as added by the CARES Act. The Treasury Department's guidance clarifies that performance/delivery may occur until Dec. 31, 2026. For example, a recipient may use payments from the Fund to cover hazard pay for a police officer coming in close contact with members of the public to enforce public health or Start Printed Page 4186public safety orders, but across-the-board hazard pay for all members of a police department regardless of their duties would not be able to be covered with payments from the Fund. 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. Given that it is not always possible to estimate with precision when a good or service will be needed, the touchstone in assessing the determination of need for a good or service during the covered period will be reasonableness at the time delivery or performance was sought, e.g., the time of entry into a procurement contract specifying a time Start Printed Page 4184for delivery. on Section 601(f)(2) of the Social Security Act provides that if the Treasury OIG determines that a recipient of payments from the Fund has failed to comply with the use of funds provisions of section 601(d), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the federal government. The US Congress passed and President Biden signed the Act, which included an. In the context of acquisitions of real estate and acquisitions of equipment, this means that the acquisition itself must be necessary. The Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements do not apply to beneficiaries. In this Issue, Documents On October 19, 2020, Questions A.57-59 and B.13 were added and Questions A.42, 49, and 53 were revised. 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. This guidance reflects the intent behind the Fund, which was not to provide general fiscal assistance to state governments but rather to assist them with COVID-19-related necessary expenditures. Investments in improvements to water and sewer infrastructure, including projects that address the impacts of climate change. Yes, non-profits may be used to distribute assistance. Other eligible expenditures include payroll and benefit costs of educational support staff or faculty responsible for developing online learning capabilities necessary to continue educational instruction in response to COVID-19-related school closures. should verify the contents of the documents against a final, official 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. 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, 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. 3. Such a grant would be analogous to a loan provided by the Fund recipient itself that incorporates similar loan forgiveness provisions. 748) with a Historic $10 Billion in Direct Funding for Tribal Nations. 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. 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. 50. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. We are working alongside our partners at the local, state and national levels to actively provide updates and information for Chickasaws, employees, the public . 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. ACH receipts Treasury can accept ACH payment for the return of funds to Treasury. Additional information on the requested information is available under Tribal Employment and Expenditure Submission Instructions, below. Any remaining amount of payments from the Fund not used for eligible expenses incurred during the covered period must be returned to Treasury in one of three ways, set forth below. You will need to be able to document your claim. 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. Are Fund payments to State, territorial, local, and tribal governments subject to the provisions of the Uniform Guidance applicable to grant agreements? However, tribes must request the payment through the Treasury Department's portal. 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. Don't knowingly lie about anyone The relevant unit of government should maintain documentation of the substantially dedicated conclusion with respect to its employees. Would providing a consumer grant program to prevent eviction and assist in preventing homelessness be considered an eligible expense? Get an email notification whenever someone contributes to the discussion. Event details. 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. Unemployment insurance costs 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. 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. 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. Section 1001 of Division N of the Consolidated Appropriations Act, 2021 amended section 601(d)(3) of the Social Security Act by extending the end of the covered period for Coronavirus Relief Fund expenditures from December 30, 2020 to December 31, 2021. Expenses for communication and enforcement by State, territorial, local, and Tribal governments of public health orders related to COVID-19. Such acquisitions and improvements must be completed and the acquired or improved property or acquisition of equipment be put to use in service of the COVID-19-related use for which it was acquired or improved by December 30. 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 guidance primarily concerns the use of payments from the Fund set forth in section 601(d) of the Social Security Act. The final rule contains no requirements subject to the Paperwork Reduction Act. Remarks by Assistant Secretary Elizabeth Rosenberg for Terrorist Financing and Financial Crimes at the Association of Women in International Trade. 40. Winds ENE at 5 to 10 mph. 254 through 256). Payments to tribal governments were determined by the Secretary of the Treasury in consultation with the Secretary of the Interior and American Indian and Alaska Native tribes. The Treasury Inspector General could perform audits and retains the right to recoup FRF that is unspent or improperly used. The Treasury Department's guidance provides tribal governments broad discretion in spending FRF and recognizes the disproportionate impact COVID-19 has had on tribes. Confederated Tribes of the Colville Reservation Flooding (DR-4384) Incident Period: May 5, 2018 - May 28, 2018 Major Disaster Declaration declared on August 17, 2018 Don't Threaten. Threats of harming another Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as: 5.