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HomeMy WebLinkAbout270-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 270-22 File Number: 2022-1009 PEACE AT HOME FAMILY SHELTER SUBRECIPIENT AGREEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, the Peace at Home Family Shelter submitted an application requesting $686,500.00 in American Rescue Plan Act funds for the expansion of the safety shelter for survivors of domestic violence; and WHEREAS, the expansion will include 3 additional shelter bedrooms with bathrooms which will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year; and WHEREAS, the Subrecipient Agreement would provide funding in the amount of $686,500.00 for the rehabilitation and construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Subrecipient Agreement with Peace at Home Family Shelter to provide the amount of Page 1 Printed on 11/16122 Resolution: 270-22 File Number: 2022-1009 $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency shelter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/15/2022 t1,tiJIM11111 Attest: ,��,RK / iR�.''�,,. Z! • � • • •Sn •may FAYE-J7�vILLE. Kara Paxton City Clerk Treasu�•• '9 Page 2 Printed on 11116122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-1009 Agenda Date: 11/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: C.5 PEACE AT HOME FAMILY SHELTER SUBRECIPIENT AGREEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, the Peace at Home Family Shelter submitted an application requesting $686,500.00 in American Rescue Plan Act funds for the expansion of the safety shelter for survivors of domestic violence; and WHEREAS, the expansion will include 3 additional shelter bedrooms with bathrooms which will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year; and WHEREAS, the Subrecipient Agreement would provide funding in the amount of $686,500.00 for the rehabilitation and construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Subrecipient Agreement with Peace at Home Family Shelter to provide the amount of $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency shelter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 1111612022 Legistar ID No.: 2022-1009 AGENDA REQUEST FORM FOR: Council Meeting of November 15, 2022 FROM: Council Member Sarah Bunch ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT APPROVED FOR AGENDA: 13tlDmUe�( lJ(1 P/Yla i Ci y Council Me ber Sarah Bunch i City Attorney it Williams Approved as to form 46rc i.- I, zozo Date Batker, Jodi From: Bunch, Sarah Sent: Tuesday, November 01, 2022 11:21 AM To: Batker, Jodi; Williams, Kit; Blake Pennington; Paxton, Kara Subject: Re: Resolution Jodi, Sorry, I am just now getting back to you on this. Please consider this email my approval of the Resolution as attached, and see that it gets added to our agenda. Call me if you need anything else. Sarah Bunch From: Batker, Jodi <jbatker@fayetteville-ar.gov> Sent: Thursday, October 27, 2022 4:03 PM To: Bunch, Sarah <sarah.bunch@fayetteville-ar.gov> Cc: Williams, Kit <kwilliams@fayetteville-ar.gov> Subject: Resolution Sarah, Attached the requested Resolution for the Peace at Home Shelter for your review. If there are no changes needed, I've attached the Agenda Request for your signature. Thank you. Jodi Batker Paralegal 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 jbatkerQfayetteville�. Facebook I Twitter I Instaeram I YouTube RESOLUTION NO. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, the Peace at Home Family Shelter submitted an application requesting $686,500.00 in American Rescue Plan Act funds for the expansion of the safety shelter for survivors of domestic violence; and WHEREAS, the expansion will include 3 additional shelter bedrooms with bathrooms which will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year; and WHEREAS, the Subrecipient Agreement would provide funding in the amount of $686,500.00 for the rehabilitation and construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Subrecipient Agreement with Peace at Home Family Shelter to provide the amount of $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency shelter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED this 15th day of November, 2022. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) 1 Errors Budget Year Division Adjustment Number Non -Departmental (800) 2022 /Org2 Requestor: Council Member Sarah Bunch BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPI ENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT. RESOLUTION/ORDINANCE COUNCIL DATE: 1 1 /15/2022 LEGISTAR FILE ID#: 2022-1009 KeA1&yvSprbng,e,r 1012 712 02 2 4:31 PM Budget Director Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 686,500 686,500 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20221019 Account Name 2246.800.9719-5315.00 686,500 - 20023 2021 EX "Contract Services 2246.800.9246-4309.01 - 686,500 20023 2021 RE Federal Grants - Operational H:\BudgetAdjustments\2022—Budget\CITY COUNCIL\1 1-01-22\2022-1009 - BA ARPA PEACE AT HOME Expanding Safe Shelter.xlsm 1 of 1 CITY of CITY OF FAYETTEVILLE FAYETTEVILLE I ARKANSAS AMERICAN RESCUE PLAN ACT 2022 SUBRECIPIENT GRANT APPLICATION NOTE: Submission of a Subrecipient Grant Application provides no guarantee that the applicant will receive funding. All organizations selected to receive funds will be subject to entering into a contract with the City of Fayetteville and subject to the rules and regulations pertaining to the American Rescue Plan Act. Please review the City of Fayetteville American Rescue Plan Act 2022 Subrecipient Grant Application Guide for more information on the required items listed in this application. PART 1 APPLICANT IDENTIFICATION Total Amount of Funding Requested (whole dollar) [Minimum $50,000] $686,500 Applicant/Organization Name Peace at Home Family Shelter Mailing Address (street, city, zip) PO Box 10946, Fayetteville, AR 72703 Organization Website www.peaceathomeshelter.org DUNS Number 029494593 Organization FEIN/SSN 71-0552563 PART 2 APPLICANT CONTACT INFORMATION Contact for Project (name & title) Teresa Mills, CEO Contact Phone Number 479-444-8310 Contact Email tmills@peaceathomeshelter.com Signature Authority (name, title & email address) Teresa Mills, CEO tmills@peaceathomeshelter.com PART 3 PROJECT INFORMATION Project Name Expanding Safe Shelter for Survivors of Domestic Violence Project Address (street, city, zip) 3045 E Ivey Ln, Fayetteville, AR 72764 American Rescue Plan Act PART 3 PROJECT INFORMATION continued Is anyone with control over the Organization (i.e. owner, manager, director, board member, or other) or any Yes No member of that person's immediate family, an employee or elected official of the City of Fayetteville Blake Pennington, Assistant City Attorney If Yes, above, please identify (Peace at Home board member) ( person and position with the City The ongoing COVID-19 pandemic has made it more difficult and dangerous for victims of domestic violence seeking to flee Project Summary abusive homes. Peace at Home Family Shelter proposes a (brief synopsis of proposed renovation project to create 3 additional shelter bedrooms with project) bathrooms. This will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year. As the first domestic violence shelter in the state of Arkansas, Peace at Home Family Shelter has been providing safe, Describe previous emergency shelter to survivors of domestic violence and their experience in providing children since 1979. In addition to safe shelter, Peace at Home similar services also provides housing assistance, counseling, legal services exclusively to survivors of domestic violence and their children. In total, we serve over 1,000 individuals each year. Programs will typically be funded for a time period not The requested project will be for rehabilitation and construction to exceed 12 months from costs in order to increase the physical capacity of our emergency the signed date of the shelter for survivors of domestic violence. We are already subrecipient agreement. working with an architect for this and other projects and would be Please describe your able to quickly begin construction to meet the limited time frame organization's ability to plan required. and utilized requested funds within that timeframe. American Rescue Plan Act PART 4 PROJECT BENEFICIARIES Projected number of Fayetteville beneficiaries 60 per year Because the federal rules vary depending on the type of project for which funds are being requested, the city has grouped project requests in 3 focus categories: Social Services, Economic, and Environmental. Please choose the corresponding category below that most closely identifies your project. PART 4A SOCIAL SERVICES APPLICATIONS ONLY Will ALL beneficiaries live, work and/or go to school in Yes O No Fayetteville Will ALL beneficiaries meet US Treasury Low to Yes No Moderate Income (LMI) Guidelines (please see Application Guide, Exhibit A. Will ALL beneficiaries have been negatively impacted by Yes 0 No COVID-19 Does this request respond to a negative COVID-19 Yes 0 No impact? If answering Yes to the COVID-19 has made it more dangerous for victims of domestic question above, please violence to flee abusive homes and avoid homelessness. The describe the COVID-19 Final Rule lists victims of domestic violence as a population impact and how this proposal will aid in disproportionately negatively impacted by COVID-19 (page 19). responding to the impact This proposal will increase our community's capacity to provide safe emergency housing for a vulnerable population. Please indicate how the As a project providing emergency housing assistance, this proposed project meets project is enumerated in the Final Rule as eligible to respond to eligibility standards and requirements described in the impacts of the pandemic on households and communities. the Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds American Rescue Plan Act 3 PART 4B ENVIRONMENTAL APPLICATIONS ONLY Please describe the effect of the proposed environmental impact or benefit. Please indicate how the proposed project meets eligibility standards under the EPA's Clean Water State Revolving Fund (CWSRF), Drinking Water State Revolving Fund (DWSRF), or eligible projects as described in Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. See Subrecipient Application Guide for more information. PART 4C ECONOMIC APPLICATIONS ONLY Please describe the residents or industry sector This project will exclusively serve survivors of domestic violence this grant request is intended and their children in our community. As a project providing to serve or benefit. Please emergency housing assistance, this project is enumerated in the indicate how the proposed Final Rule as eligible to respond to the impacts of the pandemic project meets eligibility standards and requirements on households and communities. described in the Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. Does this request respond to OYes O No a negative COVID-19 impact COVID-19 has made it more dangerous for victims of domestic violence to flee abusive homes and avoid homelessness. The Final Rule lists victims of domestic violence as a population If yes, please describe the disproportionately negatively impacted by COVID-19 (page 19). COVID-19 impact and how This proposal will aid in the City's economic recovery by meeting this proposal will aid in the City's economic recovery temporary housing needs for a vulnerable population so they have the stability to find or maintain employment and permanent housing in our community and achieve self-sufficiency. American Rescue Plan Act I PART 5 FAYETTEVILLE BUSINESS LICENSE I City Code Chapter 118 Business Registry and Licenses delineates what businesses are required to have a Fayetteville Business License. Submission of this grant application indicates that, if required, a current business license is in place. PART 6 SIGNATURE OF SIGNATURE AUTHORITY AND DATE I am an authorized employee/agent of the applicant organization and I am authorized to submit this application. I have read and reviewed the American Rescue Plan Act documentation. I understand that as a subrecipient of the City of Fayetteville's American Rescue Plan Act funds, I will be responsible for maintaining records, complying with provisions of the subrecipient agreement, and providing any/all records and information necessary for the City of Fayetteville to report on this award. All applications and documentation are subject to disclosure pursuant to the Arkansas Freedom of Information Act. All documentation may be provided to Federal and/or State government agencies for accounting and auditing purposes. f: 4 ( r✓•,,,_'. Teresa A. Mills CEO 3/29/2022 Name/Title/Date American Rescue Plan Act 5 PART 7 ORGANIZATION DESCRIPTION Provide a brief description of your organization and the services offered. Year of Incorporation 1977 The mission of Peace at Home Family Shelter is to empower victims of domestic violence to survive and thrive by nurturing their self-determination and courage and to promote healthy relationships and compassionate communities through Philosophy, Purpose and/or education, outreach, and advocacy. Mission Statement Peace at Home Family Shelter believes that everyone deserves to feel safe in their own homes. We operate with an empowerment philosophy centered on the rights of survivors of domestic violence to be the decision makers of their own lives. Provide a brief description of your organization including information about programs and/or services other than the proposed project. Peace at Home Family Shelter helps survivors of domestic violence and their children safely escape abusive homes and rebuild their lives. In addition to providing immediate safe shelter, our program connects survivors with the resources they need to transition out of shelter and into long-term safe housing. Our programs have five components working together to help survivors transition from homes of violence to homes of safety. 24 Hour Hotline -- First, Peace at Home operates a 24/7 crisis hotline and email inbox. Our crisis hotline is available in Spanish and English and serves as the entry point for clients. Hotline advocates assist callers with community referrals, safety planning, coming into shelter, and our additional programs. In 2021, we received 1,205 calls from members of our community seeking help. Emergency Shelter -- The emergency shelter has 14 rooms available for women, men, children, and any person escaping violence. Bilingual staff are available to provide onsite assistance to clients. On average, families stay 45 days in shelter as they work on their individualized goals (90 day maximum stay). Peace at Home was able to provide emergency shelter to 151 individuals in the community in 2021, a reduced capacity due to COVID-19 and renovations to make the shelter safer for families during the on -going pandemic. Advocacy -- While staying in shelter, clients are offered advocacy services to help them reach their goals. Advocates meet daily with clients to develop and implement self-sufficiency plans. American Rescue Plan Act C.1 PART 7 ORGANIZATION DESCRIPTION continued These plans are built around the current strengths of a survivor and provide steps to achieving long-term goals such as employment or affordable housing. The purpose is to empower survivors to overcome their unique barriers such as education skill gaps, scarce work histories, unreliable transportation, career planning, affordable child-care, and self-confidence. Peace at Home maintains partnerships with life -skill agencies such as the Credit Counseling of Arkansas and Dress for Success. These agencies provide critical support for the clients to meet the variety of employment and financial goals that they have towards achieving a safe life. The Institute for Women's Policy Research indicates that 73% of respondents said that they had stayed with an abusive partner longer than they wanted or returned to them for economic reasons. Working together, advocates eliminate barriers that might keep survivors economically or emotionally dependent on a violent partner. These advocacy services are also open to individuals in the community who are not currently living at our shelter but are survivors of domestic violence in need of assistance. Housing Assistance -- Survivors of domestic violence in our emergency shelter and in our community also have access to support from our Home Restored and SHE housing assistance programs. These program provides direct financial support, landlord advocacy, budgeting skills, and case management to help families find permanent housing in the community that meets their long-term needs. In 2021, Peace at Home was able to provide housing -related assistance to 160 families. Legal Services -- Peace at Home has an onsite staff attorney and a bilingual advocate to assist shelter residents and outreach clients with legal needs. Our legal services department enables Peace at Home to provide survivors of domestic violence with legal representation for divorce cases, child custody issues, and orders of protection as well as legal advocacy and financial assistance for legal fees. In 2021, Peace at Home provided legal services to 537 clients. Mental Health/Emotional Support Services - Peace at Home employs a full-time bilingual counselor and partners with the University of Arkansas Doctorate Program in Psychology as a site for doctoral candidates in clinical psychology. These mental health professionals provide one-on-one and parent/child counseling to clients of Peace at Home free of charge. In 2021, Peace at Home provided direct counseling services to 94 individuals in our community. All of our services are free of charge, personalized to meet individual survivor needs, and voluntary. American Rescue Plan Act 7 PART 8 PROJECT BUDGET Provide a descriptive line -item budget for the entire project including the American Rescue Plan Act (ARPA) funds being requested. Provide specific information on how American Rescue Plan Act funds will be used and include any necessary supporting documentation. Please indicate whether any American Rescue Plan Act funds have been requested or received from other sources, and if so, provide detailed information on the source and proposed use of those funds. Please indicate how you will spend all awarded ARPA funding by the project end date. Peace at Home Family Shelter - Rehabilitation Project to Add Capacity Budget (based on estimates received from WER Architects): Construction: 1000 sf ($235 per sf renovation costs) - $235,000 1250 sf ($300 per sf building addition costs) - $375,000 Escalation - $18,000 FF&E - $35,000 Design/Engineering/Surveys/Geotech - $23,500 TOTAL PROJECT BUDGET: $686,500 Spending by Project Date - The requested funds will be for a building rehabilitation project and will be expensed within the project timeline on the above line items. Other ARPAR Requests - Peace at Home Family Shelter has requested $25,000 in ARPAR funding from the Emergency Food and Shelter Program to support emergency shelter operations. American Rescue Plan Act E�3 PART 9 PROJECT DESCRIPTION Describe the proposed project and provide the information requested under PART 9 of the American Rescue Plan Act 2022 Subrecipient Application Guide. Please provide any additional information that will assist in evaluating the project. What Project Will Do This project will increase the capacity of the emergency shelter for survivors of domestic violence by renovating and expanding a section of the existing shelter building to add three additional client rooms and bathrooms. This project will involve converting an existing storage space into client rooms while expanding out to replace the lost storage. Currently, Peace at Home Family Shelter has capacity for up to 14 households (survivors and their children) at the emergency shelter (40-55 people). This project would permanently increase that capacity to 17 households. Allowing approximately 60 additional individuals to access emergency shelter every year. COVID-19 has negatively impacted victims of domestic violence, as many individuals have lost employment and social supports to help them successfully leave abusive relationships. In 2022, Peace at Home received 1,205 calls from individuals seeking support in our community, an increase from pre -pandemic 2019 numbers of 24%. As more individuals are requesting shelter services, Peace at Home Family Shelter also had to change shelter operations due to COVID-19. Now, clients no longer share rooms or bathrooms to help prevent the spread of illness. While this change was necessary to protect the health of families in shelter, it reduced capacity for emergency shelter. The completion of this project will recover lost capacity and allow Peace at Home to safely shelter more families. Peace at Home operates with a waiting list for emergency shelter due to insufficient capacity and high community need. This project is in alignment with the City of Fayetteville's Master Plan goals #1 and #6 as it involves the rehabilitation of an existing building and increasing access to housing. Execution of Project This is a building rehabilitation project that will involve the addition of three additional family rooms to Peace at Home's emergency shelter. If approved for funding, the construction would take place within the 12-month timeframe and services would continue for families residing in the newly expanded shelter. Peace at Home Family Shelter is already working with WER Architects on this project and, if approved for funding, would be able to complete the rehabilitation within the required time frame. How Beneficiaries are Selected Peace at Home Family Shelter advertises and operates a 24-hour crisis hotline, email help address, and limited online chat for individuals in the community to reach out to us for assistance. American Rescue Plan Act 9 PART 9 PROJECT DESCRIPTION continued When a person contacts us for services, our only requirement is that they are a survivor of domestic violence and have a need for services. For the emergency shelter, someone must be either fleeing intimate partner violence or homeless as a result of recent intimate partner violence. Our emergency shelter program defines `recent' as within the past three months. Per best practices laid out by the National Network to End Domestic Violence, no additional verifications are required. When a new client arrives at the shelter, they complete intake paperwork with an advocate. Services Provided In addition to meeting immediate needs for shelter, each emergency shelter client is assigned to a primary advocate who works with them to identify and work towards individualized goals for self-sufficiency and recovery from domestic violence. These goals can include: acquiring permanent housing, increasing income, rebuilding social support networks, legal needs, and mental wellbeing. Many of these needs can be addressed through Peace at Home's in-house programs, but advocates also offer robust community referrals to help clients connect with the community at large. Verification of Final Rule Qualification As a project providing emergency housing, this project is an enumerated in the Final Rule as a qualifying project. While there is no income requirement for emergency shelter services for victims of domestic violence, anyone seeking shelter at a domestic violence organization is considered homeless under Housing and Urban Development (HUD) Category 4 definition and is a presumed benefit clientele population assumed to be Low to Moderate Income according to Community Development Block Grant HUD regulations. Benefit of Project — Limited Assistance and Creating Self -Sufficiency This project will enhance Peace at Home Family Shelter's capacity to provide immediate, life-saving emergency shelter to survivors of domestic violence and their children at a time when survivors are more in need of shelter and our capacity has been reduced (both because of the ongoing COVID-19 pandemic). In addition to this immediate assistance, the individualized advocacy provided to all residents of Peace at Home's emergency shelter allows individuals to work towards and obtain self-sufficiency and thrive in our community. How Project will Further Philosophy and Purpose This project will further Peace at Home Family Shelter's philosophy and purpose by increasing our capacity to provide client -centered safe shelter and supportive services to survivors of domestic violence and their children in our community. With increased capacity, our emergency shelter can serve more families in need every day and help make our community a safe and thriving place for all of our neighbors. American Rescue Plan Act 10 PART 10 PROJECT TIMELINE Provide a complete and specific timeline for all activities related to proposed project. Project Timeline Upon Award Notification (0-3 months) - Finalize design details with WER Architects, receive bids from construction contractors and select a contractor for the project. 3 Months-9 Months into Project - Complete construction and renovation of shelter space to add 3 additional client rooms with bathrooms and replace storage area. 9 Months - 12 Months (if not completed sooner) - Ensure all construction is completed and payments are processed. Acquire and install all necessary furniture, fixtures, and equipment. Complete inspection. Open rooms up to survivors of domestic violence seeking safe shelter. American Rescue Plan Act 11 PART 11 DATA COLLECTION, RECORD MAINTENANCE, AND REPORTING Describe how the organization will collect data and maintain records to track program activities and eligibility verification. Please also describe your organization's ability to produce required documentation including financial reports, performance reports, progress reports, expenditure information, etc. Data Collection and Maintenance: Peace at Home Family Shelter utilizes a database system built for victim service organizations by Osnium called WomensShelter for all client and program tracking information, including program activities and client eligibility. This database is used to generate reports for any grant requirements and to assess program effectiveness. Data is collected by advocate staff members of Peace at Home at intake and on an ongoing basis throughout the client's stay. Organizational Capacity Peace at Home has extensive experience managing federal grants, including grants as a recipient and sub -recipient from the Department of Justice, Department of Health and Human Services, and the Department of Housing and Urban Development. Peace at Home employs a full-time Chief Financial Officer (CFO) to oversee all finances, including financial reporting for grants. The CFO is a certified public accountant and successfully manages all necessary reporting for grants and ensure appropriate accounting for all restricted funding. American Rescue Plan Act 12 PART 12 PROJECT EVALUATION I OBJECTIVES AND OUTCOMES List the objectives (not activities) of the proposed project. Describe how each objective will be measured to determine if it has been met. Use the following format Objective #: Outcome(s): Method of Measurement: Objective: More survivors of domestic violence and their children have access to safe, emergency housing in order to flee abusive homes. Outcome: 60 more individuals will receive safe shelter in the 12 months following completion of the rehabilitation than in the 12 months previous, increasing the shelter's capacity by 25%. Method of Measurement: Shelter stays are logged in our database system and the previous 12 months before the rooms were added can be compared to a period of time after the additional rooms are opened to measure an increase in capacity for safe shelter. Objective: More survivors of domestic violence will have access to individualized advocacy and support to help them overcome barriers to independence. Outcome: Peace at Home advocates will provide an average of 14 hours of individualized advocacy services to each household staying in the shelter, providing support in commonly identified needs, including: safety planning, emotional support, resource referrals, legal support, budgeting, and transportation. Method of Measurement: Hours of advocacy services are logged in the database system and can be pulled in aggregate for all shelter clients. American Rescue Plan Act 13 PART 13 PARTIAL FUNDING Indicate whether the project can proceed with partial funding. If YES, indicate the minimum amount the applicant will accept with line items arranged from highest to lowest priority. Describe the impact that partial funding will have on the project. If NO, the project will not be considered for partial funding. Yes, the project could proceed with partial funding. Given the limited 12-month time frame, the project would need to be funded at a minimum of 75% in order to move forward. The impact of partial funding could potentially be redirecting needed funds away from important programs serving survivors of domestic violence in our community in order to fill the budget gap and move forward. Line Item Breakdown - All line items are equally necessary for funding as all are necessary aspects of the rehabilitation project. American Rescue Plan Act 14 PART 14 ADDITIONAL DOCUMENTATION CHECKLIST Please provide these items with your application. See page 10 of the 2022 American Rescue Plan Act Subrecipient Application Guide for more information ZAccessibility Narrative Board of Directors ZBylaws ❑✓ Certificate of Good Standing ZFinancial Audit (see Application Guide for more information) ZIntake Forms ZNon-Profit Status Verification [IRS 501(c)(3) letter, IRS form 990 or 990-EZ, etc.] �✓ Resumes ❑✓ System Award Management (SAM) registration ❑✓ Status of Funding (if applicable) �✓ Additional Documentation Checklist (this page) Additional Information American Rescue Plan Act 15 Peace At Home Family Shelter Subrecipient Agreement City of Fayetteville Staff Review Form 2022-1141 Legistar ID N/A ARCHIVED N/ City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Steve Dotson 11/30/2022 INTERNAL AUDIT(036) Submitted By Submitted Date Division / Department Action Recommendation: Recommend Mayor's signature of approval of a subrecipient agreement with the Peace At Home Family Shelter in the amount of $686,500.00 to provide funding from the American Rescue Plan Act to expand the emergency shelter. Resolution 270-22 passed on 11/15/22 as a walk-on item included the funding arrangements and authorized Mayor Jordan to sign the subrecipient agreement. Account Number Project Number Budgeted Item? Does item have a cost? Budget Adjustment Attached? Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: 12/07/2022 CITY OF FAYETTEVILLE ARKANS ARKANSAS TO: Mayor THRU: Susan Norton, Chief of Staff FROM: Steve Dotson, Internal Auditor DATE: November 30, 2022 SUBJECT: Subrecipient Agreement— Peace At Home Family Shelter STAFF MEMO RECOMMENDATION: Recommend Mayor Jordan's signature on the Peace At Home Family Shelter subrecipient agreement. BACKGROUND: Resolution 270-22, passed and approved on 11/15/22, authorized Mayor Jordan to sign a subrecipient agreement with the Peace At Home Family Shelter for the expansion of the emergency shelter for survivors of domestic violence in the amount of $686,500.00. DISCUSSION: Peace at Home Family Shelter submitted a request for funding under the ARPA program as a subrecipient, with the purpose of expanding the emergency shelter for survivors of domestic violence. Resolution 270-22 authorized Mayor Jordan to sign the subrecipient agreement to provide the amount of $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency sheher. BUDGET/STAFF IMPACT: The emergency shelter expansion will utilize American Rescue Plan Act funds. Attachments: ARPA Subrecipient Contract with the Peace At Home Family Sheller with Resolution 270-22 attached at the end of the subrecipient contract. Mailing Address: 113 W. Mountain Street www.fayetteville-acgov Fayetteville. AR 72701 CITY OF FAYETTEVILLE ARKANS ARKANSAS SUBRECIPIENT AGREEMENT for AMERICAN RESCUE PLAN City of Fayetteville, AR and PEACE AT HOME FAMILY SHELTER, INC. City of Fayetteville Subrecipient# ARPA-0005 This Subrecipient Agreement (Agreement) is entered into and effective on this 7th day of December 2022 between the City of Fayetteville, hereafter referred to as ('the City') and Peace at Home Family Shelter, Inc. (hereinafter referred to as "Peace at Home" or the "subrecipient"). WHEREAS, Peace at Home requested funding to increase the capacity of the emergency shelter for survivors of domestic violence by renovating and expanding a section of the existing shelter building to add three additional client rooms and bathrooms; and WHEREAS, The City of Fayetteville has received funding through the American Rescue Plan Act ("ARPA" or the "Act"), from the United States Department of the Treasury; WHEREAS, it shall be hereby disclosed this Agreement shall make Peace at Home a subrecipient / pass through entity under 2 CFR 200.1 receiving a subaward under sections 602(c)(3) and 603(c)(3) of the Act and be considered for this subaward to carry out a program or project on behalf of the City with the Citys Federal award funding; WHEREAS, the City notifies the subrecipient: (1) that this funding shall be considered a subaward of ARPA funds; (2) subrecipient shall adhere to any and all compliance requirements for use of ARPA funds; and (3) any and all reporting requirements for expenditures of ARPA funds; and WHEREAS, this Agreement is reflective of requirements issued and identified with the Final Rule of the Department of the Treasury; that capital expenditures, in certain cases, can be appropriate responses to the public health and economic impacts of the pandemic; and WHEREAS, an increase in the number of domestic violence victims is recognized as a significant negative public health impact of the COVID-19 pandemic, and the City may use American Rescue Plan Act funds to address the harm experienced by these victims through increasing capacity and expanding access to emergency housing assistance. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, the City and subrecipient agree as follows: City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 1 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE IUGGI b200 332, a) Subreciplent Name (must match the name associated with its Unique Entity Identifier): Peace at Home Family Shelter, Inc. P.O. Box 10946 Fayetteville, AR 72703 EIN: 71-0552563 Subrecipient's Unique Entity Identifier (formerly known as DUNS number): LN3EUDU177W3 b) Subaward Budget Period: Subaward budget period shall be set forth in Section 4 below. c) Total Amount of Federal Funds obligated to the subrecipient by the City: $686,500.00 d) Name of Federal Awarding Agency and Contact Information: United States Department of Treasury (US Treasury) Attn: State and Local Fiscal Recovery Funds 1500 Pennsylvania Avenue NW, Washington, DC 20220 SLFRP@treasury.gov Telephone: 202-622-6415 Websfte: https://home.treasury.gov/policy-issues/coronavirus/ass stance -for -state -local- and -tribal- governments/state-and-local-fisca I -recovery -fund Contact Information for the City: Paul A. Becker Chief Financial Officer 113 W. Mountain Fayetteville, AR 72701 Pbecker(@favetteville-ar.gov Telephone: 479-575-8330 Contact Information for the Subreciplent: Peace at Home Family Shelter, Inc. ATTN: Teresa Mills, CEO P.O. Box 10946 Fayetteville, AR 72703 Assistance Listings Numberand Title: 21.027 Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) (AKA the American Rescue Plan Local Recovery Funds, hereinafter AREA) See https:Zlsam.gov/fal/7cecfdef62dc42729a3fdcd449bd62b8/`view This subaward is a program grant and not for Research and Development. City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreementif ARPA-0005 Page 2 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS e) indirect Cost Rate: (de minimis cost rate) maximum of 1096of direct costs if indicated in the budget. 2. AGREEMENT: This Agreement, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. This Agreement is also composed of the following appendices: a. Appendix A —Scope of Work& Project Allocation b. Appendix B—Department of the Treasury, 31 CFR Part 35, RIN 1505-AC77, Coronavirus State and Local Fiscal Recovery Funds, Action: Final Rule c. Appendix C—Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds 3. SUBCONTRACTING: Subrecipient is permitted to sub -contract with third parties to complete the scope of work identified in this contract. Any sub -contract or sub -sub recipient shall follow all federal, local and state regulations. Subrecipient shall not be allowed to disperse funds in a subrecipient manner to another third parry without prior written City approval. 4. PERIOD OF PERFORMANCE: This Agreement shall commence on the effective date stated above and shall expire one year from commencement. The Agreement may be extended or shortened upon mutual written agreement of the parties. 5. STANDARDS OF WORK: Subrecipient agrees that the performance of the work and services of this Agreement shall conform to the highest professional standards. 6. TAXES: Subrecipient shall pay all current and applicable local, city, county, state and federal taxes, licenses and assessments related to the Scope of Work to be performed by Subrecipient including but not limited to those payments required by all federal, state and local laws, and any other laws and Acts under which Subrecipient may be liable. 7. COMPLIANCE WITH APPLICABLE LAWS: Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated under ARPA. The term "federal, state and local laws" as used in this Agreement shall mean all applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term "federal, state and local laws" shall include, without limitation: a. Federal Requirements: 1. Subrecipient agrees to comply with the requirements of section 603 of the ARPA, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Subrecipient shall provide for such City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreementll ARPA-0005 Page 3 of 17 CITY OF .� EVILLE ARKANSRKANSAS compliance by other parties in any agreements it enters into with other parties relating to this award. ii. Federal regulations applicable to this award include, without limitation, the following: a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. The following 2 CFR Part 200 Polity requirements are excluded from coverage under this assistance listing: For 2 CFR Part 200, Subpart C, the following provisions do not apply to the CSLFRF program: 2 C.F.R. § 200.204 (Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency review of merit of proposal); 2 C.F.R. § 200.210 (Pre - award costs);and 2 C.F.R. § 200.213(Reporting a determination that a non - Federal entity is not qualified for a Federal award). For 2 CFR Part 200, Subpart D, the following provisions do not apply to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2 C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and (9) (Federal Payment). b. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. As SAM is scheduled to be phased out, compliance with a successor government -wide system officially designated by the Office of Management and Budget (OMB). c. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. d. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. e. Subrecipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix %II to Part 200 is hereby incorporated by reference. f. Govemmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 4 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS g. New Restrictions on Lobbying, 31 C.F.R. Part 21. h. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601A655) and implementing regulations. i. Generally applicable federal environmental laws and regulations. iii. Statutes and regulations prohibiting discrimination applicable to this award include without limitation, the following: a. Title A of the QVII Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; Subrecipient and its sub- contractors, sub -recipients, sub -grantees, successors, transferees, or assignees, shall comply with: Title A of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) and its applicable federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance. b. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et sec.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et sec.), and Treasurys implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and e. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. iv. Remedial Actions. In the event of the Subrecipient's noncompliance with section 603 of the Act, other applicable laws, Treasurys implementing regulations, guidance, or any reporting or other program requirements, the City may impose additional conditions on the receipt of a subsequent payments, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 5 of 17 CITY OF .� FAYETTEVILLE ARKANS ARKANSAS In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. v. Hatch Act The Subrecipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. vi. False Statements. The Subrecipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. vii. Monitoring: The Subrecipient agrees to allow the City and the US Treasury to monitor the subaward in accordance with all applicable statutes, regulations, OMB circulars, and guidelines. The Subrecipient shall allow the City to have oversight of any Subrecipient's spending and monitoring of specific outcomes and benefits attributable to use of subaward funds by Subrecipient. viii. Audits In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, nonfederal entities that expend financial assistance of $750,000 or more in Federal awards will have a single audit conducted for that year. Non-federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. The City is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving cross -cutting findings (§200.332(d)(4)). ix. Disclosure of InformatIon. Any confidential or personally identifiable information (PII)acquired during the course of the subaward shall not be disclosed by the Subrecipient to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever without the prior written consent of the City, either during the term of the Agreement or after termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federally supported projects. x. Conflicts of Interest. The Subrecipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Subrecipients must disclose in writing to the City, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 6 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS b. City and Other City Requirements (see §200 332(a)(3)1 1. Reporting: Subrecipient agrees to comply with any reporting obligations established by the City as it relates to this award. Subrecipient shall submit a Monthly Grant Report by the 6th of the month to the Contact for the City. ii. Maintenance of and Access to Records: a. The Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasurys regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The US Treasury Office of Inspector General and the Government Accountability Office, the City, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Subrecipient in order to conduct audits or other investigations. c. Records shall be maintained by Subrecipient for a period of five (S) years after all funds have been audited, the audit resolved, and all funds expended or returned to Treasury, whichever is later. Ill. Administrative Considerations. Where policies ofthe Subrecipient differ from those of, such as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. iv. Responsibilities. The Subrecipient agrees to furnish the necessary resources, materials, services, and otherwise to do all things necessary for the performance of the work described in Scope of Work, which is incorporated into the Agreement as Attachment , along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B and C respectively. (see Attachment B: Scope of Work and Attachment C Budget). Subrecipient shall provide Monthly Reports as provided above. v. Relationship of Parties. The parties are independent, and neither parry is the agent, joint venturer, partner, or employer of the other. vi. Rebudgeting and Prior Approvals. Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§200.308) to better reflect spending requirements, subject to the City's written approval, and subject to the federal awarding agency's policy and UGG's that would define requirements for prior written approval (§200.407) before implementation. vii. Monitoring Plan and Reporting. The City will monitor the Subrecipient to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 7 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS and the terms and conditions of the subaward; and that subaward performance goals are achieved, as required by §200.332(d). The City will monitor the Subrecipient and identify any failures in the administration and performance of the award. The monitoring plan will also serve to identify whether the Subrecipient needs technical assistance. In addition to program performance, The City will monitor financial performance as required by §200.332(d)(1)). Monitoring will be used to document allowable and unallowable costs, time and effort reporting and travel. Monitoring also will be used to follow up on findings identified in an earlier monitoring visit, from document reviews or after an audit to ensure the Subrecipient took corrective action (§200.332(d)(2)). As appropriate, the cooperative audit resolution process may be applied. The monitoring plan may include on -site visits, follow-up, document and/or desk reviews, third -party evaluations, virtual monitoring, technical assistance and informal monitoring such as email and telephone interviews. The City will also issue management decisions for applicable audit findings as required by §200.521(§200.332(d)(3)). For reporting, UGG requires that the City and the Subrecipient use OMB approved government -wide standard information collections when providing performance information and data in reports. The books and records of the Subrecipient shall be made available, if needed and upon request, at subrecipient's regular place of business, for audit by personnel authorized by the City or federal government. The Subrecipient books and records must be retained for a period of five (5) years following receipt of final report, understanding no other actions require an extension of the record retention period, such as open audit findings, committed program income, or other reasons, as applicable. viii. Risk Assessments, Specific Conditions and Remedies. The City has conducted a risk assessment as required by §200.332(b) and determined the subrecipient's level of risk as low Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, the City has the authority to apply remedies, as defined in the uniform guidance (§200.339), including but not limited to: temporarily withholding payments, disallowances, suspension or termination of the federal award, suspension of other federal awards received by the Subrecipient, debarment or other remedies including civil and/or criminal penalties, as appropriate (§200.332(h). The City will also consider whether the monitoring results of the Subrecipient necessitate adjustments to the its own record (see §200.332(9)). ix. Copyright/Intellectual Property. The federal government will possess the entire copyright, title, and interest in all materials, inventions or deliverables produced as a result of this subaward, including use of logos, as appropriate. As a general principle, subject to the rights of the federal government and with respect to any subject, invention, material, or deliverable in which the City [and subrecipient] retain title resulting from this subaward, the federal City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 8 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS government shall ha.ve a nonexclusive, nontransferable, irrevocable paid -up license to practice or have practiced for or on behalf of the United States the subject invention, material or deliverable throughout the world. The City and Subrecipient will credit the federal award agency on any materials, inventions or deliverables produced under the federal award and subaward. c. Suspension and Debarment. Subrecipient represents that neither it nor any of its principals has been debarred, suspended or determined ineligible to participate in federal assistance awards or contracts as defined in regulations implementing Office of Management and Budget Guidelines on Governmentwide Debarment and Suspension (Non -procurement( in Executive Order 12549. Subrecipient further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or non -procurement programs available at www.sam.gov.; d. DUNS Number. Subrecipient agrees and acknowledges the City may not grant the Subaward and Subrecipient may not receive the Subaward unless Subrecipient has provided its Data Universal Numbering System ("DUNS") number to the City. The DUNS number is the nine -digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify business entities; e. Federal Funding Accountability and TransparenCy Act Of 2006. Subrecipient agreesto provide the City with all information requested bythe Cityto enable the City to comply with the reporting requirements of the Federal Funding Accountability and Transparency Act of 2006; f. Licenses Certifications Permits, Accreditation. Subrecipient shall procure and keep current any license, certification, permit or accreditation required by federal, state or local law and shall submit to the City proof of any licensure, certification, permit or accreditation upon request; and g. Other City Agreements. Subrecipient shall fulfill all other agreements with the City and shall comply with all federal, state and local laws applicable to programs funded by such agreements. 8. LIMITATION OF FUNDING AND COMPENSATION: It is expressly agreed and understood that upon executionof the Agreement, the City agrees to allocate no more than the amount of $686,500.00 US DOLLARS for full and complete satisfactory performance of this Agreement. Drawdowns for the advance payment of eligible expenses shall be made against the line item budgets specified in Appendix A in accordance with the following procedures: a. Subrecipient shall submit request to the City for the advance payment along with an invoice or other documentation establishing the cost of the item. b. The City willadvance funds to Subrecipient for the item. c. Following Subrecipient's payment forthe item, Subrecipient shall provide a receipt or other proof of payment acceptable to the City within seven (7) days of payment. d. The City may withhold advance funds for items if any required documentation has not been provided for previous purchases within the time required by 8.c Alternatively, the Subrecipient may request reimbursement for expenses by submitting monthly invoices, itemized by budget category, along with copies of invoices, receipts, and other documentation acceptable to City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-D005 Page 9 of 17 CITY OF FAYETTEVILLE ARKANSRKANSAS the City. The City will then remit reimbursement payments to Subrecipient within thirty (30) days of acceptance of the invoice. 9. SCOPE OF WORK: The Subrecipient shall perform all services according to the Scope of Work as indicated in Appendix A Any deviation from the provisions detailed in the Scope of Work shall be prohibited unless prior approval is granted by formal change order to this Agreement. 10. PUBLICITY AND USE OF NAME: Any and all news releases, advertising, promotion, sales literature containing the City of Fayetteville logo or name shall be subject to prior written approval of the other party, and subject to the prior written approval of the City, as appropriate. Any such publicity shall credit the contributions of each party. b. Neither parry shall use the name,insignia, or trademark of the other parry, nor any adaptation thereof, nor the names of any of its employees in any advertising, promotion or sales literature without the written consent of the other parry. 11. FISCAL AND ADMINISTRATIVE RESPONSIBILITIES: The Subrecipient agrees to comply with the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost. as applicable, and all requirements and standards which shall include but are not limited to the following: a. Compliance with Federal Procurement Laws The City hereby designates and the Subrecipient hereby agrees to receive funding through the Citys ARPA funding and to administer such funding in accordance the United States Treasury Final Rule, 31 CFR Part 35, 87 FR 4446, Coronavirus State and Local Fiscal Recovery Funds with this agreement. Compliance with procurement laws shall be inclusive of all appendices within this Agreement. All contracts for services and procurement for materials shall be carried out in compliance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. b. Compliance with Other Federal State and Local Procurement: All contracts for services and procurement for materials shall be carried out in compliance with and all other applicable federal, state, and local rules and regulations, including regulations and policies from the City's Purchasing Division. City of Fayetteville Procurement Thresholds: a. $0 - $999: No quotes required b. $1,000 - $2,499: minimum of 3 verbal quotes required City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 10 of 17 Aft CITY OF FAYETTEVILLE ARKANS ARKANSAS c. $2,500 - $34,999: minimum of 3 written quotes required d. $35,000 and up: Formal sealed bid / solicitation process i.Refer to State of Arkansas Procurement laws, City of Fayetteville Purchasing Policies and Ordinances for requirements for formal solicitation processes. c. Records and Reports: The Subrecipient shall, at a minimum, submit the following reports to the City and report as required in Appendix C: i. Monthly reports shall be submitted to the City fifteen (15) calendar days after month end. Monthly reports shall be submitted on the City provided form and will provide and outline funded activities undertaken during each month for the duration of the project as it relates to Appendix A — Scope of Work & Project Allocation. Failure to provide the required documentation and information will affect the funding in this agreement and future requests forfunding. li. A Final Summary Report due no later than thirty (30) calendar days after the end of the Agreement period shall include a summaryof all compiled information and activities related to this Agreement iii. The Subrecipient agrees to maintain records and reports related to the project for a period of no less than flve years following the term of this Agreement. iv. Access to Records (See §200.332(a)(5)) a. The City, its auditors, and if necessary, the federal agency, will be provided access to the subrecipient's programmatic and financial records (§200.337(a)). b. The Subrecipient will maintain all programmatic and financial records, including but not limited to: i. records providing a full description of each activity undertaken; ii. records demonstrating that each activity undertaken meets the national objectives of the federally- connected program; iii. records required to determine the eligibility of activities; iv. records required to document the acquisition, improvement, use or disposition of real property acquired or improved with the subaward assistance; v. records documenting compliance with federal and local laws; and City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 11 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS vi. financial records required by program regulations and the Office of Management and Budget. The Subrecipient shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the City, or other actions that involve any of the records cited and that have started before the expiration of the three year period, then such records must be retained until completion of the actions and resolutions of all issues (§200.334(a)), or the expiration of the three-year period, whichever occurs later. d. Documentation of Costs: The Subrecipient shall maintain records on materials purchased, services performed, individuals and families served. All costs shall be supported by evidencing in proper detail the nature and propriety of charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. e. Limitations on Expenditures. Subrecipient shall not be reimbursed or otherwise compensated for any expenditures incurred or services provided prior to the Effective Date or following the earlier of the expiration or termination of this Agreement. The City shall only reimburse Subrecipient for documented expenditures incurred during the Agreement Term that are: (i) reasonable and necessary to carry out the Scope of Work; (ii) documented by contracts or other evidence of liability consistent with established federal, state and local procurement guidelines; and (iii) incurred in accordance with all applicable requirements for the expenditure of funds payable under this Agreement. Improper Payments. Any item of expenditure by Subrecipient under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the Notice of Prime Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of Subrecipient, shall become Subrecipient's liability, to be paid by Subrecipient from funds other than those provided by City under this Agreement or any other agreements between City and Subrecipient. This provision shall survive the expiration or termination of this Agreement. g. Audited Financial Statements. In any fiscal year in which Subrecipient expends $750,000 or more in federal awards during such fiscal year, including awards received as a subrecipient, Subrecipient must comply with the federal audit requirements contained in 2 CFR § 200, including the preparation of an audit by an independent Certified Public Accountant in accordance with the Single Audit Act City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 12 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS Amendments of 1996, 31 U.S.C. 7501-7507, and with Generally Accepted Accounting Principles.' If Subrecipient expends less than $750,000 in federal awards in any fiscal year, it is exempt from federal audit requirements, but its records must be available for review by the City and appropriate officials of the U.S. Government Accountability Office and the Comptroller General of the United States, and it must still have a financial audit performed for that year by an independent Certified Public Accountant. Subrecipient shall provide the City with a copy of Subrecipient's most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, schedule of expenditures of federal awards, schedule of findings and questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine (9) months following the end of Subrecipient's most recently ended fiscal year. h. Closeout (see 200.332(a)(61): The City will determine whether all applicable administrative actions and all required work have been completed by the Subrecipient at the end of the period of performance. If the Subrecipient fails to complete the requirements, the federal awarding agency or pass -through will proceed to closeout the award with the information available (§200.344). The pass through will note if closeout relates to the end of a 12-month period and termination of subaward, or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. i. The City must provide timelines for completion of tasks (see §200.344). H. The City must identify submission dates of all performance and financial reports (no later than 90 calendar days after the period of performance) (§200.344(a)). III. The City must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§200.344(b)) iv. The City must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the City, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property (§200.344(c) and (1)). v. The Subrecipient must permit the City and auditorsto have access tothe subrecipient's records and financial statements as necessary for audits and monitoring during the record retention period of three years, or more as appropriate (§200.337(a)). vi. The federal agency and/or City has the right to return to audit the program after close-out at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§200.337(c)). 12. COOPERATION IN MONITORING AND EVALUATION: a. City Responsibilities. The City shall monitor, evaluate and provide guidance and direction to Subrecipient in the conduct of Approved Services performed under this Agreement. The City has the responsibility to determine whether Subrecipient has spent funds in accordance with applicable laws, City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 13 of 17 CITY OF FAYETTEVILLE ARKANS ARKANSAS regulations, including the federal audit requirements and agreements and shall monitor the activities of Subrecipient to ensure that Subrecipient has met such requirements. The City may require Subrecipient to take corrective action if deficiencies are found. b. Subrecipient Responsibilities - I. Subrecipient shall permit the City to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, funding sources guidelines or by the terms and conditions of the applicable Notice of Prime Award, and Subrecipient agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. ii. Subrecipient shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of the City, the U.S. Government Accountability Office or the Comptroller General of the United States and Subrecipient agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. 13. PROGRAM INCOME: It is not the intent of this Agreement to produce income relating from the Scope of Work; however, income directly generated from the use funds associated with this Agreement by the Subrecipient shall be returned to the City of Fayetteville. 14. MONITORING AND AUDITS: The City is required to ensure that federal funding requirements are met, that the funds are used for the purpose of the program, and the Subrecipient complies with reporting and auditing requirements. The City will monitor and audit the Subrecipient to assure the compliance of project. 15. REMEDIES FOR NONCOMPLIANCE: If the Subrecipient fails to comply with any term in this Agreement, the City may take one or more of the actions indicated in 2 CFR Part 200.338 Remedies for noncompliance. 16. PERFORMANCE TERM EXTENSION: The City may consider an extension of the term of performance based on justifiable circumstances beyond the control of the Subrecipient. The Subrecipient shall make application and submit documentation to the City regarding such circumstances, and acceptance of a proposal for the new time frame constitutes an amendment to this Agreement. Any such request for extensions shall be subject to the written approval of the City. The decision of the City shall be final and conclusive. 17. TERMINATION OF AGREEMENT: This Agreement may be terminated at any time by either parry, upon giving 30 calendar days written notice to the non -terminating party. This Agreement shall be automatically terminated in the event that funds under federal award are discontinued by the awarding agency for any reason. Such termination shall take effect upon receipt of written notice to Subrecipient from the City. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost, by completion of task, by percent of time completed up to the settlement, or some other method as defined by the City upon review of the subrecipient's records. City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 14 of 17 CITY OF .� FAYETTEVILLE ARKANSKANSAS 18. CLAIMS AGAINST THE CITY: The Subrecipient agrees to defend, indemnify and save harmless the City from any and all claims of any nature whatsoever which may arise from the Subrecipient's performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Subrecipient liable for acts of the City, its officers, agents or employees. 19. CONFLICTS OF INTEREST: The Subrecipient represents that none of its employees, officers, or directors presently have any interest, either directly or indirectly, which would conflict in any manner with the Subrecipient's performance or procurement under this Agreement, and that no person having such interest will be appointed or employed by the Subrecipient. 20. BINDING EFFECT: This Agreement shall be binding upon and shall ensure to the benefit of the parties hereto and their respective heirs and assigns; provided, however, that no assignment shall be effective to relieve a party of any liability under this Agreement unless the other party has consented in writing to the assignment and agreed to the release of such liability. The City and the Subrecipient hereby acknowledge receipt of a duly executed copy of this Agreement complete with all Appendices attached hereto. 21. PAYMENTS: Specific project completion dates may be negotiated during the contract term. Payment may be reduced, delayed, or denied until acceptable work products are produced. a. Costs shall be necessary, reasonable and directly related to the scope of the project in this agreement. All costs shall be legal and proper. The budget included in Appendix A shall control amounts of allowable expenditures within budget categories. b. The total amount invoiced to the City over the course of the contract period shall not exceed $686,500.00 US Dollars, the agreed upon contribution of the City pursuant to Appendix A. c. On or before the fifteenth (15th) day of each month and in any event no later than thirty (30) calendar days after the earlier of the expiration or termination of this Agreement, Subrecipient shall submit invoices for the most recent month ended, to the City, setting forth actual expenditures of Subrecipient in accordance with this Agreement The Subrecipient shall provide backup documentation with all invoices to show compliance with all federal, state and local laws. d. The City may disapprove the requested compensation. If the compensation is so disapproved, the City shall notify Subrecipient as to the disapproval. If payment is approved, no notice will be given. 22. INSURANCE: Subrecipient shall, at all times throughout the Agreement Term, carry insurance in such form and in such amounts as City may from time to time reasonably require against other insurable hazards and casualties that are commonly insured against in the performance of similar services as are to be provided under this Agreement. At minimum, Subrecipient shall maintain during the Agreement Term at least the following types and limits of insurance coverage: a. Workers' compensation in amounts no less than required by law and statutory amount; b. Employer's Liability Insurance with a limit of no less than $1,000,000; City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 15 of 17 CITY OF FAYETTEVILLE ARKANSAS c. Commercial general liability insurance, including personal injury, contractual liability and property damage, with limits of $1,000,000 per occurrence and $2,000,000 aggregate; d. Umbrella liability insurance with a limit of $1,000,000 per occurrence and in the aggregate. All policies (other than workers' compensation and employers liability insurance) providing such coverage shall name the City as an additional insured with respect to Subrecipienfs performance of services under this Agreement. Subrecipient shall provide the City with certificates of insurance evidencing such coverage within thirty (30) calendar days after execution of this Agreement, which certificates shall provide that the City shall receive thirty (30) days' advance written notice of any pending cancellation or non -renewal of any of the coverages required by the City pursuant to this Agreement. Insurance coverages that expire before the expiration of the Agreement Term shall be promptly renewed by Subrecipient so that there is no gap in coverage and certificates of insurance evidencing such renewal coverage shall be provided to the City, by a copy provided to the City immediately upon renewal. Subrecipient's failure to maintain insurance in the form and/or amounts required by the Citypursuant to this Agreement shall be deemed a material breach of this Agreement and the City shall have the right thereupon to terminate this Agreement immediately in addition to any other remedy provided herein. 23. Changes in Scope or Price: Changes, modifications or amendments in scope, price or fees to this agreement shall not be allowed without a prior formal contract amendment approved by the City In advance of the change in scope, price or fees. 24. Freedom of Information Act: This Agreement is subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the subrecipient shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 425-19-101 et. sec.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 25. Jurisdiction: Venue to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to conflict of law principles. 26. Miscellaneous a. Notices. Any notice, request, consent or approval required or permitted to be given under this Agreement or pursuant to law shall be sufficient if in writing, and if and when sent by certified or registered mail, with postage prepaid, to Citys address or to the Subrecipient's address as listed below. CITY OF FAYETTEVILLE, AR ATTN: Mayor Lioneld Jordan 113 W. Mountain Fayetteville, AR 72701 City of Fayetteville, AR and Peace at Home Family Shelter, Inc. City of Fayetteville Subrecipient Agreement# ARPA-0005 Page 26 of 17 SUBRECIPIENT Peace at Home Family Shelter, Inc. ATTN: Teresa Mills, CEO P.O. Box 10946 Fayetteville, AR 72703 CITY OF FAYETTEVILLE ARKANSAS b. Severability. If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenantor condition as applied to other persons, places and circumstances shall remain in full force and effect. c. Construction. The headings and captions of this Agreement are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against either party. d. Rights Cumulative. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by Its successorl, whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. e. Assistance. The Subrecipient shall, during and after termination of services rendered, upon reasonable notice, furnish such information and proper assistance to the City as may reasonably be required by the City in connection with work performed by Subrecipient. f. Compliancewithi-a The Parties mutually represent that throughout the term of this Agreement their respective performance under this Agreement shall be, and shall remain, in compliance with all applicable federal, state and local laws and regulations. PEACE AT HOME FAMILY SHELTER, INC. By: �Tferesa—Milk, CEO Date Signed:I E 11- 1e 12 uate bigneo: rmvmuae City of Fayetteville, AR and Peace at Home Family Shelter, Inc. Gty of Fayetteville Subrecipient Agreement# ARPA-000S Page 17 of 17 Appendix A: Scope of Work & Project Allocation FAYETTEVILLE CITY OFFAYETTEVILLE ARKANSAS AMERICAN RESCUE PLAN ACT 2022 SUBRECIPIENT GRANT APPLICATION NOTE: Submission of a Subrecipient Grant Application provides no guarantee that the applicant will receive funding. All organizations selected to receive funds will be subject to entering into a contract with the City of Fayetteville and subject to the rules and regulations pertaining to the American Rescue Plan Act. Please review the City of Fayetteville American Rescue Plan Act 2022 Subrecipient Grant Application Guide for more information on the required items listed in this application. PART 1 APPLICANT IDENTIFICATION Total Amount of Funding Requested (whole dollar) [Minimum $50,000] $686,500 Applicant/Organization Name peace at Home Family Shelter Mailing Address (street, city, zip) PO Box 10946, Fayetteville, AR 72703 Organization Website www.peaceathomesheiter.org DUNS Number 029494593 Organization FEIN/SSN 71-0552563 PART 2 APPLICANT CONTACT INFORMATION Contact for Project (name & title) Teresa Mills, CEO Contact Phone Number 479-444-8310 Contact Email tmills@peaceathomesheRer.com Signature Authority (name, title & email address) Teresa Mills, CEO tmills@peaceathomeshelter.com PART PROJECT INFORMATION Project Name Expanding Safe Shelter for Survivors of Domestic Violence Project Address (street, city, zip) 3045 E Ivey Ln, Fayetteville, AR 72764 American Rescue Plan Act PART 3 PROJECT INFORMATION continued Is anyone with control over the Organization (i.e. owner, manager, director, board member, or other) or any O Yes O No member of that person's immediate family, an employee or elected official of the City of Fayetteville Blake Pennington, Assistant City Attorney If Yes, above, please identify (Peace at Home board member) person and position with the city The ongoing COVID-19 pandemic has made it more difficult and dangerous for victims of domestic violence seeking to flee Project Summary abusive homes. Peace at Home Family Shelter proposes a (brief synopsis of proposed renovation project to create 3 additional shelter bedrooms with project) bathrooms. This will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year. As the first domestic violence shelter in the state of Arkansas, Peace at Home Family Shelter has been providing safe, emergency shelter to survivors of domestic violence and their Describe previous experience in providing children since 1979. In addition to safe shelter, Peace at Home similar services also provides housing assistance, counseling, legal services exclusively to survivors of domestic violence and their children. In total, we serve over 1,000 individuals each year. Programs will typically be funded for a time period not The requested project will be for rehabilitation and construction to exceed 12 months from costs in order to increase the physical capacity of our emergency the signed date of the shelter for survivors of domestic violence. We are already subrecipient agreement. working with an architect for this and other projects and would be Please describe your able to quickly begin construction to meet the limited time frame organization's ability to plan wired. required. and utilized requested funds within that timeframe. American Rescue Plan Act PART 4 PROJECT BENEFICIARIES Projected number of Fayetteville beneficiaries 60 per year Because the federal rules vary depending on the type of project for which funds are being requested, the city has grouped project requests in 3 focus categories: Social Services, Economic, and Environmental. Please choose the corresponding category below that most closely ideMfies your project. PART 4A SOCIAL SERVICES APPLICATIONS ONLY Will ALL beneficiaries live, work and/or go to school in Yes O O No Fayetteville Will ALL beneficiaries meet US Treasury Low to IF) Yes ONo Moderate Income (LMI) Guidelines (please see Application Guide, Exhibit A. Will ALL beneficiaries have been negatively impacted by O Yes O No COVID-19 Does this request respond to a negative COVID-19 O Yes O No impact? If answering Yes to the COVID-19 has made it more dangerous for victims of domestic question above, please violence to flee abusive homes and avoid homelessness. The describe the COVID-19 impact and how this Final Rule lists victims of domestic violence as a population proposal will aid in disproportionately negatively impacted by COVID-19 (page 19). responding to the impact This proposal will increase our community's capacity to provide safe emergency housing for a vulnerable population. Please indicate how the As a project providing emergency housing assistance, this proposed project meets eligibility standards and project is enumerated in the Final Rule as eligible to respond to requirements described in the impacts of the pandemic on households and communities. the Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds American Rescue Plan Act PART 4B ENVIRONMENTAL APPLICATIONS ONLY Please describe the effect of the proposed environmental impact or benefit. Please indicate how the proposed project meets eligibility standards under the EPA's Clean Water State Revolving Fund (CWSRFI, Drinking Water State Revolving Fund (DWSRFl, or eligible projects as described in Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. See Subrecipient Application Guide for more information. PART 4C ECONOMIC APPLICATIONS ONLY Please describe the This project will exclusively serve survivors of domestic violence residents or industry sector this grant request is intended and their children in our community. As a project providing to serve or benefit. Please emergency housing assistance, this project is enumerated in the indicate how the proposed Final Rule as eligible to respond to the impacts of the pandemic project meets eligibility standards and requirements on households and communities. described in the Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. Does this request respond to Oyes O No a negative COVID-19 impact COVID-19 has made it more dangerous for victims of domestic violence to flee abusive homes and avoid homelessness. The Final Rule lists victims of domestic violence as a population If yes, please describe the disproportionately negatively impacted by COVID-19 (page 19). COVID-19 impact and how This proposal will aid in the City's economic recovery by meeting this proposal will aid in the temporary housing needs for a vulnerable population so they City's economic recovery have the stability to find or maintain employment and permanent housing in our community and achieve self-sufficiency. American Rescue Plan Act PART 5 FAYETTEVILLE BUSINESS LICENSE City Code Chapter 118 Business Registry and Licenses delineates what businesses are required to have a Fayetteville Business License. Submission of this grant application indicates that, if required, a current business license is in place. PART 6 SIGNATURE OF SIGNATURE AUTHORITY AND DATE I am an authorized employeelagent of the applicant organization and I am authorized to submit this application. I have read and reviewed the American Rescue Plan Act documentation. I understand that as a subrecipient of the City of Fayetteville's American Rescue Plan Act funds, I will be responsible for maintaining records, complying with provisions of the subrecipient agreement, and providing any/all records and information necessary for the City of Fayetteville to report on this award. All applications and documentation are subject to disclosure pursuant to the Arkansas Freedom of Information Act. All documentation may be provided to Federal and/or State government agencies for accounting and auditing purposes. f rW 1 ✓l,! Teresa A. Mills CEO 329/2022 Name/Title/Date American Rescue Plan Act PART 7 ORGANIZATION DESCRIPTION Provide a brief description of your organization and the services offered. Year of Incorporation 11977 The mission of Peace at Home Family Shelter is to empower victims of domestic violence to survive and thrive by nurturing their self-determination and courage and to promote healthy relationships and compassionate communities through Philosophy, Purpose and/or education, outreach, and advocacy. Mission Statement Peace at Home Family Shelter believes that everyone deserves to feel safe in their own homes. We operate with an empowerment philosophy centered on the rights of survivors of domestic violence to be the decision makers of their own lives. Provide a brief description of your organization including information about programs and/or services other than the proposed project. Peace at Home Family Shelter helps survivors of domestic violence and their children safely escape abusive homes and rebuild their lives. In addition to providing immediate safe shatter, our program connects survivors with the resources they need to transition out of shelter and into long-term safe housing. Our programs have five components working together to help survivors transition from homes of violence to homes of safety. 24 Hour Hotline -- First, Peace at Home operates a 2417 crisis hotline and email inbox. Our crisis hotline is available in Spanish and English and serves as the entry point for clients. Hotline advocates assist callers with community referrals, safety planning, coming into shelter, and our additional programs. In 2021, we received 1,205 calls from members of our community seeking help. Emergency Shelter -- The emergency shelter has 14 rooms available for women, men, children, and any person escaping violence. Bilingual staff are available to provide onsite assistance to clients. On average, families stay 45 days in shelter as they work on their individualized goals (90 day maximum stay). Peace at Home was able to provide emergency shelter to 151 individuals in the community in 2021, a reduced capacity due to COVID-19 and renovations to make the shelter safer for families during the on -going pandemic. Advocacy -- While staying in shelter, clients are offered advocacy services to help them reach their goals. Advocates meet daily with clients to develop and implement self-sufficiency plans. American Rescue Plan Act PART 7 ORGANIZATION DESCRIPTION continued These plans are built around the current strengths of a survivor and provide steps to achieving long-term goals such as employment or affordable housing. The purpose is to empower survivors to overcome their unique barriers such as education skill gaps, scarce work histories, unreliable transportation, career planning, affordable child-care, and self-confidence. Peace at Home maintains partnerships with life -skill agencies such as the Credit Counseling of Arkansas and Dress for Success. These agencies provide critical support for the clients to meet the variety of employment and financial goals that they have towards achieving a safe life. The Institute for Women's Policy Research indicates that 73% of respondents said that they had stayed with an abusive partner longer than they wanted or returned to them for economic reasons. Working together, advocates eliminate barriers that might keep survivors economically or emotionally dependent on a violent partner. These advocacy services are also open to individuals in the community who are not currently living at our shelter but are survivors of domestic violence in need of assistance. Housing Assistance -- Survivors of domestic violence in our emergency shelter and in our community also have access to support from our Home Restored and SHE housing assistance programs. These program provides direct financial support, landlord advocacy, budgeting skills, and case management to help families find permanent housing in the community that meets their long-term needs. In 2021, Peace at Home was able to provide housing -related assistance to 160 families. Legal Services — Peace at Home has an onsite staff attorney and a bilingual advocate to assist shelter residents and outreach clients with legal needs. Our legal services department enables Peace at Home to provide survivors of domestic violence with legal representation for divorce cases, child custody issues, and orders of protection as well as legal advocacy and financial assistance for legal fees. In 2021, Peace at Home provided legal services to 537 clients. Mental Health/Emotional Support Services - Peace at Home employs a full-time bilingual counselor and partners with the University of Arkansas Doctorate Program in Psychology as a site for doctoral candidates in clinical psychology. These mental health professionals provide one-on-one and parent/child counseling to clients of Peace at Home free of charge. In 2021, Peace at Home provided direct counseling services to 94 individuals in our community. All of our services are free of charge, personalized to meet individual survivor needs, and voluntary. American Rescue Plan Act PART 8 PROJECT BUDGET Provide a descriptive line -item budget for the entire project including the American Rescue Plan Act (ARPA) funds being requested. Provide specific information on how American Rescue Plan Act funds will be used and include any necessary supporting documentation. Please indicate whether any American Rescue Plan Act funds have been requested or received from other sources, and if so, provide detailed information on the source and proposed use of those funds. Please indicate how you will spend all awarded ARPA funding by the project end date. Peace at Home Family Shelter - Rehabilitation Project to Add Capacity Budget (based on estimates received from WER Architects): Construction: 1000 sf ($235 per at renovation costs) - $235,000 1250 of ($300 per sf building addition costs) - $375,000 Escalation - $18,000 FF&E-$35,000 Design/Engineering/Sumeys/Geotech - $23,500 TOTAL PROJECT BUDGET: $686,500 Spending by Project Date - The requested funds will be for a building rehabilitation project and will be expensed within the project timeline on the above line items. Other ARPAR Requests - Peace at Home Family Shelter has requested $25,000 in ARPAR funding from the Emergency Food and Sheller Program to support emergency shelter operations. American Rescue Plan Act PART 9 PROJECT DESCRIPTION Describe the proposed project and provide the information requested under PART 9 of the American Rescue Plan Act 2022 Subrecipient Application Guide. Please provide any additional information that will assist in evaluating the project. What Project Will Do This project will increase the rapacity of the emergency shelter for survivors of domestic violence by renovating and expanding a section of the existing shelter building to add three additional client rooms and bathrooms. This project will involve converting an existing storage space into client rooms while expanding out to replace the lost storage. Currently, Peace at Home Family Shelter has capacity for up to 14 households (survivors and their children) at the emergency shatter (40-55 people). This project would permanently increase that capacity to 17 households. Allowing approximately 60 additional individuals to access emergency shelter every year. COVID-19 has negatively impacted victims of domestic violence, as many individuals have lost employment and social supports to help them successfully leave abusive relationships. In 2022, Peace at Home received 1,205 calls from individuals seeking support in our community, an increase from pre -pandemic 2019 numbers of 24%. As more individuals are requesting shelter services, Peace at Home Family Shelter also had to change shatter operations due to COVID-19. Now, clients no longer share rooms or bathrooms to help prevent the spread of illness. While this change was necessary to protect the health of families in shelter, it reduced capacity for emergency shelter. The completion of this project will recover lost capacity and allow Peace at Home to safely shatter more families. Peace at Home operates with a wafting list for emergency shelter due to insufficient capacity and high community need. This project is in alignment with the City of Fayetteville's Master Plan goals #1 and #6 as it involves the rehabilitation of an existing building and increasing access to housing. Execution of Project This is a building rehabilitation project that will involve the addition of three additional family rooms to Peace at Home's emergency shatter. If approved for funding, the construction would take place within the 12-month timeframe and services would continue for families residing in the newly expanded shelter. Peace at Home Family Shelter is already working with WER Architects on this project and, if approved for funding, would be able to complete the rehabilitation within the required time frame. How Beneficiaries are Selected Peace at Home Family Shelter advertises and operates a 24-hour crisis hotline, email help address, and limited online chat for individuals in the community to reach out to us for assistance. American Rescue Plan Act PART 9 PROJECT DESCRIPTION continued When a person contacts us for services, our only requirement is that they are a survivor of domestic violence and have a need for services. For the emergency shelter, someone must be either fleeing intimate partner violence or homeless as a result of recent intimate partner violence Our emergency shelter program defines 'recent' as within the past three months. Per best practices laid out by the National Network to End Domestic Violence, no additional verifications are required. When a new client arrives at the shelter, they complete intake paperwork with an advocate. Services Provided In addition to meeting immediate needs for shelter, each emergency shelter client is assigned to a primary advocate who works with them to identify and work towards individualized goals for self-sufficiency and recovery from domestic violence. These goals can include: acquiring permanent housing, increasing income, rebuilding social support networks, legal needs, and mental wellbeing. Many of these needs can be addressed through Peace at Home's in-house programs, but advocates also offer robust community referrals to help clients connect with the community at large. Verification of Final Rule Qualification As a project providing emergency housing, this project is an enumerated in the Final Rule as a qualifying project. While there is no income requirement for emergency shelter services for victims of domestic violence, anyone seeking shelter at a domestic violence organization is considered homeless under Housing and Urban Development (HUD) Category 4 definition and is a presumed benefit clientele population assumed to be Low to Moderate Income according to Community Development Block Grant HUD regulations. Benefit of Project — Limited Assistance and Creating Self -Sufficiency This project will enhance Peace at Home Family Shelter's rapacity to provide immediate, life-saving emergency shelter to survivors of domestic violence and their children at a time when survivors are more in need of shelter and our capacity has been reduced (both because of the ongoing COVID-19 pandemic). In addition to this immediate assistance, the individualized advocacy provided to all residents of Peace at Home's emergency shelter allows individuals to work towards and obtain self-sufficiency and thrive in our community. How Project will Further Philosophy and Purpose This project will further Peace at Home Family Shelter's philosophy and purpose by increasing our capacity to provide client -centered safe shelter and supportive services to survivors of domestic violence and their children in our community. With increased capacity, our emergency shelter can serve more families in need every day and help make our community a safe and thriving place for all of our neighbors. American Rescue Plan Act 10 PART 10 PROJECT TIMELINE Provide a complete and specific timeline for all activities related to proposed project. Project Timeline Upon Award Notification (0-3 months) - Finalize design details with WER Architects, receive bids from construction contractors and select a contractor for the project. 3 Months-9 Months into Project - Complete construction and renovation of shelter space to add 3 additional client rooms with bathrooms and replace storage area. 9 Months - 12 Months (d not completed sooner) - Ensure all construction is completed and payments are processed. Acquire and install all necessary furniture, fixtures, and equipment. Complete inspection. Open rooms up to survivors of domestic violence seeking safe shaker. American Rescue Plan Act 11 PART 11 DATA COLLECTION, RECORD MAINTENANCE, AND REPORTING Describe how the organization will collect data and maintain records to track program activities and eligibility verification. Please also describe your organization's ability to produce required documentation including financial reports, performance reports, progress reports, expenditure information, etc. Data Collection and Maintenance Peace at Home Family Shelter utilizes a database system built for victim service organizations by Osnium called WomensShelter for all client and program tracking information, including program activdies and client eligibility. This database is used to generate reports for any grant requirements and to assess program effectiveness. Data is collected by advocate staff members of Peace at Home at intake and on an ongoing basis throughout the client's stay. Organizational Capacity Peace at Home has extensive experience managing federal grants, including grants as a recipient and sub -recipient from the Department of Justice, Department of Health and Human Services, and the Department of Housing and Urban Development. Peace at Home employs a full-time Chief Financial Officer (CFO) to oversee all finances, including financial reporting for grants. The CFO is a certified public accountant and successfully manages all necessary reporting for grants and ensure appropriate accounting for all restricted funding. American Rescue Plan Act 12 PART 12 PROJECT EVALUATION I OBJECTIVES AND OUTCOMES List the objectives (not activities) of the proposed project. Describe how each objective will be measured to determine if it has been met. Use the following format Objective #: Outcome(s): Method of Measurement: Objective: More survivors of domestic violence and their children have access to safe, emergency housing in order to flee abusive homes. Outcome: 60 more individuals will receive safe shelter in the 12 months following completion of the rehabilitation than in the 12 months previous, increasing the shelter's capacity by 25%. Method of Measurement: Shelter stays are logged in our database system and the previous 12 months before the rooms were added can be compared to a period of time after the additional rooms are opened to measure an increase in capacity for safe shelter. Objective: More survivors of domestic violence will have access to individualized advocacy and support to help them overcome barriers to independence. Outcome: Peace at Home advocates will provide an average of 14 hours of individualized advocacy services to each household staying in the shelter, providing support in commonly identified needs, including: safety planning, emotional support, resource referrals, legal support, budgeting, and transportation. Method of Measurement: Hours of advocacy services are logged in the database system and can be pulled in aggregate for all shelter clients. American Rescue Plan Act 13 PART 13 PARTIAL FUNDING Indicate whether the project can proceed with partial funding. If YES, indicate the minimum amount the applicant will accept with line items arranged from highest to lowest priority. Describe the impact that partial funding will have on the projectIf NO the project will not be considered for partial funding Yes, the project could proceed with partial funding. Given the limited 12-month time frame, the project would need to be funded at a minimum of 75% in order to move forward. The impact of partial funding could potentially be redirecting needed funds away from important programs serving survivors of domestic violence in our community in order to fill the budget gap and move forward. Line Item Breakdown - All line items are equally necessary for funding as all are necessary aspects of the rehabilitation project. American Rescue Plan Act 14 PART 14 ADDITIONAL DOCUMENTATION CHECKLIST Please provide these items with your application. See page 10 of the 2022 American Rescue Plan Act Subrecipient Application Guide for more information 0 Accessibility Narrative Board of Directors Bylaws ❑✓ Certficate of Good Standing Financial Audit (see Application Guide for more information) Intake Forms ZNon-Profit Status Verification [IRS 501(c)(3) letter, IRS form 990 or 990-EZ, etc.] QResumes ❑✓ System Award Management (SAM) registration ❑✓ Status of Funding (if applicable) ✓0 Additional Documentation Checklist (this page) ❑✓ Additional Information American Rescue Plan Act 15 Appendix 1k Department of the Treasury Final Rule 4338 Federal Register/Vol. 87, No. IB/Thursday, January 27, 2022/Rules and Regulations DEPARTMENT OF THE TREASURY 31 CFR Part 35 BIN 1505-AC77 Coronavirus State and Local Fiscal Recovery Funds AGe aCY: Department of the Treasury. ACTION: Final rule. s11k1MAtay: The Secretary of the Treasury (Treasury) is adopting as final the interim final rule published on May 17, 2021, with amendments. This rule implements the Coronavirus State Fiscal Recovery Food and new Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. RAres: The provisions in this final vale are effective April 1, 2022. FOB R1B M INFORMATION COIFTAOT: Katharine Richards, Director, Coronavirus Stale and Local Fiscal Recovery Funds, Office of Recovery Programs, Department of the Treasury, (844)529-9527. SUPPLEMENTARY NFORMATION: I. Introduction Overview Since the first case of coronavtros disease 2019 (COVID-19) was discovered in the United States in January 2020, the pandemic has caused severe, intertwined public health and economic crises. In March 2021, as these crises continued, the American Rescue Plan Act of 2021 (AAPA) e established the Coronavirus State and Local Fiscal Recovery Foods (SLFRFJ to provide state, local, and Tribal governments 2 with the resources needed to respond to the pandemic and it. economic effects and to build a stronger. more equitable economy during the recovery. The U.S. Department of the Treasury (Treasury) issued an interim final role implementing the SLFRF program on May 10, 2021 s and has since disbursed over $240 billion to slate, local, and Tribal governments and received over 1,500 public comments on the interim final rule. Treasury is now issuing this final rule which responds to public comments. implements the ARPA statutory provisions on eligible and ineligible uses of SLFRF funds, and h Public law 117-2. hap://www.anRrom.Rov/ f 7/pluwd,wbIHPL1W-lrrpubopd{ InarouBbout this Supplementary Information. Tnauq unce hate, local, and Tribal Nvemmenm"a '4eclpi®tn" to color Basally to governments recavinB SURF foods: this includes ease. I ... ltmiu.lHbil Bevanmena, countla. ..,.poll. onto, and ..... tillement unite of heal govonnmeart. ^e6 FIR chain (May 17, 2a21). makes several changes to the provisions oftha interim final rule, summarized below in the section Executive Summary of Major Changes. Since Treasury issued the interim final rule in May 2021. both the public health and economic situations facing the country have evolved. On the public health front, the United States has made tremendous progress in the fight against COVID-19, including a historic vaccination campaign that has reached over 80 percent of adults with at least one does and is reaching millions of child.. es well.^ However, the disease continues to present An imminent threat to public health, especially among unvaccinated individuals. As the Delte variant spread across the country this summer and fall, the United State. faced another severe wave of cases, death., and strain on the healthcare .yet., with the risk of hospitalization and mortality exponentially greater to unvaccinated Americans. COVID-19 has now infected over 50 million and killed over 800,000 Amaricens since January 2020; tens of thousands of Americans continue to be infected each days Even as the nation recovere, new and emerging COVID-19 variants may continue to pose threats to both public health and the economy. Moving forward, state, local, and Tribal governments will continue to play a major role in responding through vaccination campaigns, testing, and other services. The economic recovery similarly has made tremendous progress but faces cautioned risks from the disease and the disruptions it has caused. In the early months of the pandemic, the United States experienced the sharpest economic downturn on record, with unemployment spiking to 14.8 percent in April 2020.0 The economy has gradually added back jobs, with growth accelerating in the Cunt half of 2021.7 However, as the Delta variant spread, the intensified health risk. and renewed disruptions slowed growth, demonstrating the continued risks from the virus. By fall 2021. the economy had .Caw, for wear cannot and Preventta, COVM onr'tlacbe COw0.19 Vaccinations In the United Stereo, hapd1wrod.encs-lard id at unn,Mwcehh., Pw slow Ixrmbm al. Unit, 'Cesar, err Rleaa canna and Provision. COVIn Res Tracker, hapdAna-mvid.edu8w/ rovid-dam.erndnr/xentrnnndmnnrrin (tat visited Decorator 2. 2m11. -US. soon of IeMr Slnwtia. Uneropbyomt Rate IUNRATSI, reWoved scan I=. Federal Reserve Bank dSl. ironic sup:/QrM. 90oaw,hdoeR/ariw1UNRATE Out vietad Deambolt, 202ll. '/era exceeded its pre -pandemic size 6 and unemployment had fallen below 5 percent"but despite dlis progress, lac many Americans remain unemployed, out of the labor force, or unable to pay that, bills, with this pain particularly acute among lower -income Americans and communities of color. Again, moving forward, state, Imal, and Tribal governments will remain on the fronllines of the economic response and rebuildine a sMo." economy in the However, as state, local, and Tribal governments continue to face substantial needs to respond to public health and economic conditions, they have also axpmteoced severe impacts from the pandemic and rasoiling recession. Stale, local, and Tribal governments cut over 1.5 million jobs in the early months of the pandemic amid sharp declines in revenue and remain over 950,000 jobs below their pre - pandemic levels.10 As the Great Recession demonstrated, austerity among stale, local, and Tribal governments can hamper overall economic growth and severely curtail the ability of governmens to serve their constituents. Recognizing On. imperatives, the SLFRF aroma. provides vital resources s and to replace revenue ublic health emergency, to eavernment services. health I U.S. Bunco of economic Analysis. Real Grow Wrrlk Present firs I, whiioved hem Far.. FMenl Reactive Bucket St. lnuie, hops://(rod. dloulvfedag/eerieelCnFCI gal vfeaed December 7,2021). •U.S. Ru con of Labor Sututice. sup. was B. w U.S. Bmau of Laos Statistics. All blnployea. Stria Govemmont (CESN020WO11 and All unpleyom. Local cowswunl KES90930000011. reMevul berm FRBD, Twist Reserve RankofSt. Iquis hap:/lfibei tlathfed..,lura/ cessih ossismandthe '1fiw l.W,Admg/ arler/CEacce Oee1 fr. vimul umber r. 2ocit hh The ARPA adds section aoz or the Sala Ssuriq Act, which aeaas the State Fiscal Recovery Pond, and —11un e03 of the social Security Act, which creau the teal Fiscal so—so, Fond (lose be,, SIFRn. Sections fins and 603..rein auloccahelly slmiler diglble toes: the ,Amery dier-ce baw®n the two well .. is that noun, aa9 uhtbil.h ..loud Far ele. , watolr. can hl6sl government and socdan Saes satellites a Pond for mampolitan cities noweenalwonat um, oil...I govpnaenl, and courow. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4339 public health emergency by providing premium pay to eligible worker.: (c) For the provision of government services to the extent of the reduction in revenue due to the COVI0.19 public health emergency relative to revenues collected in the most recent full fiscal Year prior to the emergency; and (d) To make necessary investments in water, sewer, or broadband infrastructure. In addition, Congress specified two types of ineligible uses of funds: funds may not be used for deposit into any pension fund or, for states and territories only, to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation. Issued May 10, 2021, Treasury's interim final rule provided further detail on eligible uses of funds within the four statutory categories, ineligible uses of fund., and administration of the program. The interim final rule provided state, local, and Tribal governments substantial Flexibility to determine how best to use payments from the SURF program to mart the needs of their communities. The interim final rule aimed to facilitate swift and effective implementation by establishing a framework for determining the types of programs and services that are eligible under the ARPA along with examples of eligible uses of funds that state, leash and Tribal governments may consider. State. local. and Tribal governments are already deploying SURF funds to make an impact in their communities. The SLFRF proTom ensures that state, local, and Triba�governments have the resources needed to fight the pandemic, sustain and strengthen the economic recovery, maintain vital public services, and make investments that support ling -term growth, opportunity, and equity. Treasury looks forward to supporting and engaging with state, local, and Tribal governments as they use these funds to make transfore ative investments in their communities. Finally, with ao many pressing and effective ways to use SURF funds, there is no excuse for waste, fraud, or abuse of these funds. Treasury received over 1,500 comments spanning nearly all aspects of the interim final rule. The final rule considers end responds to comments, provides clarification to many aspects of the interim final rule, and makes several changes to eligible uses under the program, summarized immediately below. Executive Summary afMajor Changes and GI.H)"lcnffons The final rate provides broader Flexibility and greater simplicity in the program, in response to public comments. Among other clmdfrcatton. and changes, the final rule provides for the following: • Pubirefloollhand Negative Economic Impacts: In addition to programs and services, the final rule clarifies that recipients may use funds for capital expenditures that support an eligible COVIO-19 public health or economic response. For example, recipients may build certain affordable housing, cbildcace facilities, schools, hospitals, and other projects consistent with the requirements in this final into and the Supplementary Information. In addition, the final rule presumes that an expanded set of households and communities are "impacted" or "dispropartionetely impacted" by the panddemic, thereby allowing recipients to provide responses to a broad set of households and entities without requiring additional analysis. Further, the final role provides a broader set of enumerated eligible uses available for these communities as part of COVII -19 public health and economic response, including making affordable housing, childcare, and early learning services eligible in all impacted communities and making certain communally development and neighborhood revitalization activities eligible for disproportionately impacted communities. Further, the final rule allow. for e broader set of uses to restare and support government employment, including hiring above a recipient's pre - pandemic baseline, providing funds to employees that experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives. • Premium Pay: The final rule offers mare streamlined options to provide premium pay, by broadening the .haze of essenOel workers who can receive premium pay without a written juslificetion while maintaining a focus on lower -income and frontline essential workers. • Revenue Loss: The final rule offer, a standard allowance for revenue loss of up to $10 million, not to exceed a recipient's SURF award amount, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. Recipients that select the standard allowance may use that amount for government services. • Water, Sewed and lroadband Infrastructure: The final rule significantly broadens eligible broadband infrastructure investment. to address challenge. with broadband access, affordability, and reliability, and adds additional eligible water and sewer infrastructure investments, including a broad range of lead remediation and stormwater management projects. Structure ofthe Supplementary Information In addition to this Introduction, this Supplementary Information is organized into four sections: (1) Eligible Uses, (2) Restrictions on Use, (3) Program Administration Provisions, and (4) Regulatory Analyses. The Eligible Uses section describes the standards to determine eligible uses of fund. in each of the four eligible use cate�gories: (1) Responding to the public health and negative economic impacts of the pandemic (which includes several sub- rategoriel) (21 Providing premium pay to essential workers (3) Providing government services to the extent of revenue loss due to llm pandemic, and (41 Making necessary, investments in water, sewer, and broadband in&avtructum. Each eligible use category has separate and distinct standards for assessing whether a use of funds is eligible, Standards, restrictions, or other provisions in one eligible use category do not apply to the others. Therefore, recipients should first determine which eligible use category a potential use of fonds fits within. than assess whether the potential use of funds meets the eligibility standard or criteria for that category. In the case of uses to respond to the public health and negative economic impacts of the pandemic, recipients should also determine which sub -category the eligible use fits within (i.e., public health, assistance to households, assistance to small businesses, assistance to nonprofits, aid to Impacted industries. or public sector capacity and workforce), then assess whether the potential use of funds meets the eligibility standard for that subcategory. Treasury does not pre, approve uses of funds; recipients are advised to review the final rule and may pursue eligible projects under it. In some sections of the rule, Treasury identifies specific uses of funds that ore eligible, called "enumerated eligible uses"; for example, Treasury provides many enumerated eligible was of funds to respond to the public health and negative economic impacts of the pandemic. Uses of funds that are not specifically named as eligible in this 4340 Federal Regiater/Vol. 89, No. I8/Thursday, January 27. 2022/Rules and Regulations final rule may still be eligible in two indirectly a reduction in at tax revenue summarizing opinions expressed in ways. First, under the revenue loss resulting from a change in state or public comments. Statements using the eligible use category, recipients have territory law. term "encourage" refer to broad latitude to use funds for s For all recipients except Tribal recommendations, not requirements. government services up to their amount governments, funds may not be used for H. Eligible Uses of revenue loss due to the pandemic. A deposits into a pension fund. potential use of funds that does not fit For all recipients, funds may not be A. Public Health and Negative within the other three eligible use used for debt service or replenishing Economic Impacts categories may be permissible as a government service, which recipients financial reserves. a All recipients must also comply Bac and k&'o can food up to their amount of revenue will' three general restrictions. First, a recipient may not use SURF funds for Since the first case of COVID-19 was I.... For example, transportation infrastructure projects are generally P 1 8 Y a program, service, or capital discovered in the United States in 2020. the disease has infected ineligible as response to the public expenditure that catolorawith se n s the purpose of contravARPA, over6omillion and killed ever e00,0o0 over 50 e ve however,economic r impacts a d pandemic; ofthepandemic; howevega recipient ARPA, including A program, s or Americans.rs The disease --end necessary measures to respond —have could fund these projects as a could P 1 government service up to its amount of capital expenditure that includes a term expeturetogmcludes a or condition that undermines efforts to had An immense public health and economic impact on millions of revenue lass, provided that other restrictions on use do not apply. See stop the spread of use S RI Second, violations may not use SLFRF funds in Americans across many areas of life, as detailed below in the respective sections sections Revenue Loss and Restrictions on Use for further information. Second, violation of the conflict-o4interest requirements contained in the Award an Public Health and Negative Economic Impacts. Since the release of the eligible use category for responding to the ublic health and ne live P 8a Term. suit Conditions, Including any self -dealing or violation of ethics ruins. the interim final rule in May 2021, the country has made major progress economic impacts of the pandemic nonexhauses, Bst of y. recipients should w aware that Lastly, federal state, and local laws end fighting the disease and rebuilding the g provides a enumerated eligible uses, which means regulations, outside of SURF program requirements, also apply, including for economy but faces continued risks, as illustrated by the spread of the Delta that the listed t eligible uses include some, but not all. of the uses of funds example, environmental laws and variant and the resulting slowdown in the economic recovery. The SURF that could vi eligible. The Eligible Uaee section civil rights and federalnondiscrimination requirements, which rem, and Treasury's interim final progrule. )' P ingif provides of determining if other calls of funds, include rohibitions on discrimination include prohibitions P the basis of vice, color, rule. provide substantial flexibility to recipients to res and to andemic P P beyond those a specifically nt enumerated, aaIfs recipient like to on al orient origin,saxde (including ), disability, identity], in impacteyisesignel to help e. flexibility is designed to help aadop pursue a use of funds that is net pursue specifically enumerated, the recipient end gender religion, religion, age, or familial status (having children total, and Tribal ernmanmt. adapt to health should use the standard and other under the age of 16) The Program Administration lie emergency the evolving public. and tailor their respunae as nceds evolve guidance provided in the section Public Health and Negative Economic Impacts Provisions section describes the and to the particular local needs of their to asaeas whether the use of funds is Processes and requirements for communities. eligible. administering the program on an Indeed, state, local, and Tribal Neal, the Restrictions on Use section ongoing basis, specifically as relates to governments face continued ounce to describes limitations on how funds may the following: Distribution of funds, respond at at. to the public health be used. Treasury has divided the timeline for using funds, transfer of emergency. This includes continued Restriction on Use section into (A) funds from a recipient to different public health efforts to slow the spread statutory restrictions under the ARPA, organizations. use of funds for program of the disease, to increase vaccination which include (1) effecting a reduction administration, reporting on use of rates and provide vaccinations to new in net tax revenue, and (2) deposits into funds, and remedial on and mcoupment populations ea they become eligible, to pension funds, and (B) other restrictions o! funds used for ineligible purposes. Of protect individuals living in congregate on use, which include (1) debt service note, SURF funds may only be used for facilities, and to address the broader and replenishing reserves, (2) costs incurred within a specific time impacts of the pandemic on public Settlements and judgments, and (3) period, beginning March 3, 2021, with health. Similarly, while a strong general restrictions. These restrictions ell funds abligace ted by Dember 3 1, economic recovery is underway, the apply to all eligible use categories; 2024 and all funds spent by December economy remains 3.9 million jobs below however, some restrictions apply only 31, 2026. Recipients are advised to also its pre -pandemic level, pointing to the to certain types of recipient consult Treasury's Reporting and continued need for response efforts, govarmnents, and recipients are advised Compliance Guidance for additional with low-income workers and to review the f 1 rule to determine information on program administration communities of color facing elevated which restrictions apply to their type of processes and requirements, including vitas of unemployment and economic government fog., state, territory, Tribal appplicabilityy of the Uniform Guidance. hardship.13 Lang -standing disparities in government, county, metropolitan city, Fhardly, lha section Regulatory health and economic outcomes in or re entitlement unit of government). Analyses provides Treasury's analysis of To reiterate, for recipient governments the impacts of this rulemaking, as , ales yrpiso..a �ntivl and rma,.um. covered by a specific restriction, that required by several laws,regulations, covm Dnn Trwwke, hhpY1w comd.Mcgw/ restriction applies to all eligible use categories slid any use of funds under and Executive Orden. Throughout this Supplementary avid rem -arks Adamtwrhenhomstics voile li.sebar at, mvl. the SIPRF am. Specifically: Pro&'Tool Information, statements using the terms U.S.11 ouesv of labs stnuano. An Eeplopm. Nonfarm l➢AY®Aal hnpa�1omai. s Far Sunni and territories only, funds "should" or "must" refer to 91nn fadmg/un diAYBMS (lee vianed may not be used to offset directly or requirements, except when used in Dexater z zszrl. Federal Register/Vol, 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4341 inilerearved+e communities, that amplified and exacerbated the impacts of the pandemic, also present continued barriers to full and equitable recovery. As state, local, and Tribal governments work to meet the public health and economic needs of their communities, these governments are also confronting the need to rebuild their own capacity. Facing severe budget challenges during the pandemic, many state, local, and Tribal governments have been forced to make cuts to services or their workferces, including cutting over 1.5 million jobs from Fableary to May 2020, or data, state, local, and bibs] government employment remained over 950,000 jobs below pre -pandemic levels.'s he the recovery from the Great Recession, cuts to state, local, end Tribal governments became a meaningful drag on economic growth for several yews, and the SI.FRF program provides the resources needed to re -invest in vital public services and workers to avoid this outcome.'" 1. General Provisions: Structure and Standards Background: Sections 602(c)(1)(A) and 603(c)(lfA) of the Social Security Act establish that recipients may use funds "to respond to the Dublin health small bustmeass, and on afire, or aid to impacted industries such as tourism, travel, and hogpitality." The interim Real rule established three categories within this eligible use: (1) Public health responges for those impacted by the pandemic, including the general public: (2) responses to the negative economic impacts that were experienced by those impacted as a result of the pandemic; and (3) additional services, either as a public health response or a response to the negative economic impacts of the mIr ^'fieryCordon.State othrs olonie. Budgo. and Ue crave aem,eiaq amutlngw rneiitueon mac it, 2mrl,lrtryrvand the one-ove srog. NwlnreaM bmlLodgtsond Uegreor�rece„ion. pandemic, for disproportionately impacted communities. The interim final rule established the method to determine which specific programs or services may be eligible to respond to the public health emergency or to respond to the negative economic impacts of the public health emergency within this framework. The interim fins] rule included multiple enumerated uses that are eligible within each of these categories when provided to eligible populations, including populations that the interim final rule presumed to have been impacted (in the case of public health responses and responses to under this category, the recipient should seems whether, and the extant to which, there has been an economic harm, such as loss of warnings or revenue, that resulted from the COV10.19 public health emergency and whether, and the extent to which, the use would respond to or address this hem, 17 A recipient should first consider whether an economic harm exists and whether this harm was caused or made wrong by the COVE) I9 public health emergency." The interim final role went on to say that: "In addition, the eligible use must respond to' the identified negative economic im ct n^^^^^^^^— -• pit related and reaor. the case the extent and ivo impacted or disproportionately impacted. The standards for each of these criteria under the interim final role are discussed below. To assess, whether a program or service would be eligible to respond to the public health emergency or its negative economic impacts, the interim final role stated that, "the recipient Ifs required] to, first, identify a need or negative impact of the COVID-19 public health emergency and, second, identify how the program, service, or other Intervention addresses the identified used or impact I . . . . I IElligible uses under this category must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVI0.19 public health emergency." The enumerated eligible uses ware presumed to meet this criterion. With respect to uses not specifically enumerated in the interim final rule as eligible public health responses, the interim final rule stated that, "plo assess whether additional uses would I. eligible under this category, recipients should identify an -Reel of COVID-19 on public health, including either or both of immediate affects or effects that may manifest over months or years, and assess how the use would respond to or address the identified need." With respect to uses not specifically enumeratod in the interim foal rule as eligible responses to a negative economic impact of the public health emergency, the interim final rule stated that "lelligible, uses that respond to the negative economic impacts of the public health emergency most be designed to address an gmo fr c hero resulting from or exacerbated by the pubhc health emergency. In considering whether a program or service would be eligible Throughout this final role. Towb ury reface to households. communities, small businesses, nonprofits, and Industries that experienced public health or negative economic impacts of the pandemic as "impacted." The first section in the interim final rule under this eligible use category included public health responses for these impacted classes. The second category in the interim final rule order this eligible use category included responses to the negative economic impacts that were experienced by these impacted classes as a result of the padem nic. The interim final rule further recognized that certain populations have experienced disproportionate health or negative economic impacts during the pandemic, as, preexisting disparities in these communities amplified the impacts of the pandemic. For example, the interim final role recognized that the negative economic effects of the pandemic were particularly pronounced among lower - income families, who were more likely ce to experienincome loss and more likely to have a jab that required m- person work. The interim final rule recognized the role ofpre-existing social vulnerabilities and disparities in driving the disparate health and economic outcomes and presumed that programs designed to addresa these health or economic disparitee are responsive to the public health or negative economic impacts of the COVI0.19 public health emergency, when provided in disproportionately, impacted communities. In addition to identifying certain populations and communities "in woos arms. a „n may be pinterstate ado, mother eligible us, nwxgo ,even if it ins sonde the awls, of sadion is WIM of anion am and con afo. yodel Sewriry AM 4342 Federal Register/Val. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations presumed to be disproportionately impacted, it also empowered recipients to identify other disproportionately impacted households, population, communities, or small businesses. The interim final rule provided that, in identifying these disproportionately impacted communities, recipients should be able to support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the specific populations, households, or fine phic areas to be aervad. Throughout this final rule, Treasury refs. to those households, communities, small businesses, and nonprofits that experienced disproportionate public health or negative economic impacts of the pandemic as "disproportionately impacted." The third category in the interim final role under this eligible use included public health responses and responses to the negative economic impacts for these disproportionately ionp�end classes. The interim final rule provided significant flexibility for recipients to determine which households, populations, communities, or small businesses have been impacted and/or disproportionately impacted by the pandemic and to identify appropriate espoases. The interim final rate included several provisions to provide simple methods for recipients to identify impacts and design programs to address these impacts. First, the interim fund rule allowed recipients to demonstrate a net economic impact on a population or class and provide assistance to households or small businesses that fall within that population or class. In such cases, the m 'pienl need only demonstrate that an individual household or business is within the class that experienced a negative economic impact, rather than requiring a recipient to demonstrate that each individual household or small business experienced a negative economic impact, because the impact was ahaedy, identified for the class. Second, in the interim final rule, Treasury presumed that certain populations have been impacted or disproportionately impacted and am thus eligible for services that respond to these impacts or disproportionate impacts. Specifically, the interim final rule permitted recipients to presume that households that experienced unemployment, increased food or housing insecurity, or are low- or moderstaincome experienced a negative economic impact from the pandemic. The interim final rate also permitted recipients to presume that certain services provided in Qualified Ceases Trecis (QCr.), to individuals living in QGfs, or by Tribal governments are responsive to disproportionate impacts of the pandemic. In addition to the populations presumed to be impacted or disproportionately impacted, under the interim final rule, recipients could identify other impacted households or classes, as described above, as well as other populations, households, or geographic sees that are disproportionately impacted by the pandemic. Third, mentioned previously, the interim final al role included a non- exhTreasury i eat of fled as of funds that Treasury identified as responsive to the impacts or disproportionate impacts of the pandemic.Treasury esto these as " us enumerated eligible uses." To summarize, the interim final rule identified certain populations that are impact) and populations that are presumed to be disproportionately impacted by the pandemic (and specific eaumemled uses of funds that are responsive to those disproportionate impacts). In addition, the interim final rate provided standards for recipients to assess whether additional uses of funds, beyond the enumerated eligible uses. are eligible for impacted and disproportionately impacted populations and permitted recipients to identify other households or classes that experienced impacts of the pandemic in disproportionate impacts of the pandemic. Rule Structure Public Comment: Many commenters expressed concern regarding the structure of the eligible uses, indicating they found the structure of the public health and negative economic impacts section of the interim final rule to be confusing or difficult to navigate. Other commenters indicated that they understood the enumerated uses to be the only eligible uses settler the presumed eligible populations to be the only eligible populations. Several commenters expressed frustration about the number of eligible uses specifically enumerated in the interim Beal rule, which they considered we few, and commenters proposed a wide range of additional enumerated eligible uses (for further discussion, see the section Public Health and section Negative Economic Mpacts). Commenters expressed concern with pursuing uses of funds not explicitly enumerated in the eligible use section or uncertainty regarding the broad Flexibility provided under the interim final rule to pursue additional programs that respond to the public health or negative economic impacts of the pandemic or the process for doing a.. Treasury Response: 'Treasury recognizes that many commenters felt the structure of the interim final role could be clarified. These comments are that Treasury has received from recipients, which requested clarification regarding the category their desired response fits into, Treasury observes that these comments and questions i enerelly fall into feu rstegmies: (1) how to taennty wiles a particular use is eligible, (3) how to identify an impacted or disproportionately impacted class, and (4) whether an enumerated use can be provided to a class other than those presumed impacted or disproportionately impacted. In response to comments, Treasury is adjusting the structure of the public health and negative economic impacts eligible um section of the final rule to improve clarity and make it easier for recipients to hourp st and apply the final rule. Specifically, Treasury is restructuring the rule to aid recipients in determining whether a particular map.. is eligible and how the particular reapp nse might be eligible under a particular category. This restructuring reinforces the fundamental criteria that a use of fund. is eligible based on its responsiveness to , small or imp. rule easier to navigate and to implement, including any or conditions on particular user to clarify the enumerated eligible uses described in the interim final rele. The reorganization Itself is not intended to closings the scope of the enumerated uses that were included in the interim final rule or that were allowable ruder the interim final rule. In some cases, specific enumerated uses are being altered, and those changes are discussed •e use reel moan baeineeee, mnpmete, end InduAnee may elw function ee auheedple m. Fel. addiunnd infamuEau an there distinctions me section Oistinpumli ft Svbredpienn venue amendm,ee Federal Register/Vol. 87, No. I8/Thursday, January 27, 2022/Rules and Regulations 4343 as changes within the section on that enumerated use. The final rule streamlines and aligns services and standards that are generally applicable or are provided for public health purposes. Under this approach, eligible uses to respond to the public health emergency are organized based on the type of public health problem: (1) C0VR-19 mitigation and prevention, (2) medical expenses, (3) behavioral health care, and (4) preventing and responding to violence. Under this approach, eligible uses to respond to the negative economic impacts of the public health emegency am organized based on the type of beneficiary: (1) Assistance to households, (2) assistance to small businesses, and (3) assistance to nonprofits, alongside a fourth standalone eligibility category for aid to travel, tourism, hospitality, and other impacted industries. The first these categories, assistance to households, small businesses, and nonprofits, include enumerated eligible uses for impacted and disproportionately impacted beneficiaries. This change in structure is intended to provide a framework that clearly identifies the intended beneficiaries of uses of funds and provides clarity about what types of assistance are "responsive to the pandemic or its negative economic impacts" for these beneficiaries. a. Standards for Identifying a Public Health or Negative Economic Impact Standards: Designating a Public Health Impact Public Comment: Many commenters expressed uncertainty about how to determine whether a use of funds, beyond those specifically enumerated as eligible, might be en eligible public health response. For example, many commenters submitted questions asking whether specific uses of funds would be eligible. Others described what they considered to be impacts of the pandemic and argued that uses of funds to respond to these issues should be eligible. Some commenters requested that Treasury provide additional detail to guide their assessments of eligible uses of funds. For example, a commenter requested more clarification around exactly what and whose medical expenses can be covered. These comments ranged in their specificity and covered the full range of the enumersted eligible uses. Treasury Response: Treasury is clarifying that when asses dng whether a program or service is an eligible use to respond to the public health impacts of the COVID-19 public health emergency, the Department will consider the two eligibility re immusents discussed below. These standards apply to all proposed public health uses. First, there must be a negative public health impact or harm experienced by an individual or a class. For ease of administration, the interim final rule allowed, and the final rule maintains the ability for, recipients to identify a public health impact on a population or group of individuals, referred leas e "class," and to provide assistance to that class. In determining whether an Individual is eligible for a program designed to address a harm experienced by a class, the recipient need only document that the individual is within the class that experienced a public health impact, see section Standards: Designating Other Impacted Classes. In the case of some impacts, for example impacts of COVID-19 itself that are addromad by providing prevention and mitigation services, such a class could reasonably include tie general public. Second, the program, service, or other intervention must address or respond to the identified impact or berm. The final rule maintains the interim Real We requirement that eligible uses under this category must be in response to the dieeaze itself ur other public health berms that it caused. - Responses must be reasonably designed to benefit the individual or class that experienced the public health impact or harm. Uses of funds should be assessed based on their responsiveness to their intended beneficiaries and the ability of the response to address the impact or harm experienced by those beneficiaries. Responses must also be related and reasonably proportional to the extant and type of public health impact or harm experienced. Uses that bear no relation or are grossly disproportionate to the type or extent of harm experienced would not be eligible uses. Reasonably proportional refers to the scale of the response compared to the scale of the harm. It also refers to the targeting of the response to beneficiaries compared to the amount of harm they experienced. In evaluating whether a use is reasonably proportional, recipients should consider relevant factors about the harm identified and the response. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cosl- efibetionem, and time to delivery of the respponse. IEa recipient intends to fund capital expenditures in response to the public health impede of the pandemic, re cipients should refer to the section Capital l Expenditures far details shout the eligibility of capital expenditures. Standards: Designating a Negative Economic Impact Public Comment: Many commenters expressed uncertainty about how to determine whether uses of funds, beyond these specifically enumerated as eligible, might be eligible responses to negative economic impacts. For example, many commenters submitted questions asking whether specific uses f funds would be eligible. Others described what they co lidenad to be impacts of the pandemic and argued that uses of funds to respond to these issues should be eligible. Some commenters requested that Treasury provide addidonal detail m guide their assessments of eligible uses of funds. These comments ranged in their specificity and covered the full range of eligible uses to respond to negative economic impacts. Several commenters asked for clarification about what types of food assistance would be considered eligible. Another commenter requested that the establishment of outdoor dining be eligible. Many commenters inquired about homeless shelters as an eligible use of SLFRF funds. Commenters also expressed uncertainty about the ability to establish classes, including geographic aaas, that experienced a negative economic import or disagreed with the requirement that an individual entity be impacted by the pandemic in order to receive assistance. For exempla, a commenter argued that interventions should not be limited to individuals or businesses that experienced an economic Impact and should instead be usad broadly to support economic growth. These commenters argued that an expenditure that sugorts a mom robust economy may he p combat the pandemic's negative economic impacts, and it can do so even if funding is provided to individuals or entities that did not themselves experience a negative economic impact during the pandemic. Treasury Response: The final Is maintains the standard articulated in 4399 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations the interim final Dole. For clarity, the final rele er-artimdatee that when assessing whether a program or service is an eligible use to respond to the negative economic impacts of the COVID-19 public health emergency, Treasury will consider the two eligibility requirements discussed below. First, there meat be a negative economic impact, or an economic harm. experienced by an individual or a class. The recipient should assess whether, and the extent to which, there has been an ec000mlc harm, such as loss of earnings or revenue, Uninhibited from the COVID-19 public health emergency. A recipient should first consider whether an economic harm exists and than whether this harm was mused or made worse by the COVM -19 public health emergency Phis approach is let. with the text of the atatem, whichro pvides that funds in this category must be used to "respond to the public health emergency with respect W. its negative economic r am 1" While economic impacts may either be immediate or delayed, individuals or classes that did net experience a negative economic impact from the public health emergency would not be eligible beneficiaries under this category. As noted above, the interim final rule permitted recipients to presume that households that experienced unemployment, increased food ar housing insecurity, or ere low - or moderetalocome experienced a negative economic impact from the pandemic. For discussion of the final rule'. approach to this presumption, see section Populations Presumed Eligible. The final role also maintains several provisions included in the interim final role and subsequent guidance that are intended to ease administration of identifying that the beneficiary experienced a negative economic impact or harm. For example, the interim final demonstrate impact on e referred to a, assistance be need only demonstrate that the household, small business, or nonprofit is within the class that experienced a negative economic impact, see section Standards: Designating Other impacted Classes. This would allow, for example, an iniernet access assistance program for all households with children to support those households' ability to participate in healthcare, work, and educational activities like extending learning opportunities, among other critical activities. In that cese, the recipient would only need to identify is negative economic impact to the class of "households with children" and would not need to document or otherwise demonstrate that each individual household served experienced a negative economic impact. Second, the response must be designed to address the identified economic harm or impact resulting from emergency. In selecting resposes n, the recipient must assess whether, and the extent to which, the use would respond to or address this harm or impact. This approach is consistent with the text of the statute, which provides that funds "negative economic impacts" of the public health emergency "including assistance to households. small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality."The list of potential responses ("assistance" or "aid") suggests that responses should address the "negative economic impacts" of particular types of be..ficialies (e.g., households or small businesses). Responses must be reasonably designed to benefit the individual or clew that experienced the negative economic impact or he. Uses of funds should be assessed based on their responsiveness to their intended beneficiary and the ability of the response to address the impact or harm as erlenced by that benefrciary.2n Responses must also be related and reasonably proportional to the extent and type of harm experienced; uses that bear no relation or ere grossly disproportionate to the type or extent of harm experienced would not be eligible uses.'' Reasonably proportional refers to the scale of the response compared to the scale of the harm. It also refers to the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide assistance in a very small amount to a group that "For example, egmnew such as enoweve wmpetrese. to emph ve, z.,wnxe which have ninety been mbnbenad chorale another federal proamm, ma Dot reneonnmy dmianad to nddces-,fieeewnomo versus roe Ise—idery. r' Far exmnpre, a poamm or suvi. that imposes candisimm me pi.mdlennn m ar.aceplance of flu xevlm that would undermine votes 1. slap the spread of LOVm-m m deramn5a atoplianm with pnpmn In line with cot auimnce for arappiy the spews of CXI0 in out n permissible um of funds. experienced severe harm and in a much larger amount to a group that experienced relatively little harm. In evaluating whether a use is reasonably proportional, recipients should consider relevant factors about the harm identified and the response. For example, recipients may consider the size of the population impacted and the severity, type, and duration of the impact. Recipients may also consider the efficacy, cost, cost-effectiveness, and time to delivery of the response. Finally, recipients should be aware of the distinction between beneficiaries of through subleciplents that did not experience a negative economic impact, see section Distinguishing Subracipiems versus Eanefirieries. That is, a recipient may award SLFRF funds to an entity that did net experience a negative economic impact in order to implement a program or provide a service to beneficiaries on its behalf. Such transfers, when implementing a public health or negative economic impact response, should be responsive to and designed to benefit individuals, households, small businesses, nonprofits, or impacted industries that did experience a public health or negative economic impost. Determining the Appropriate Eligible Use Category Public Coat .t: Some commitments expressed uncertainty about how to analyze negative economic impacts to different entities (e.g., households, small businesses, nonprofits). For example, commentere asked whether is nonprofit, which did not experience a neggative economic impact itself, could he granted funds to provide services to individuals experiencing homelessness, who did experience negative economic impacts. Other commenters proposed providing assistance to support the expansion of small businesses, under the theory that this would Crete more job opportunities for unemployed workers who experienced negative economic ausumppacts. r Treasury Responses that the recipnalients role, Treasury is clarifying than recipients should assess a potential use of funds based on which beneficiary, experienced the negative economic impact, in other words,the ses, nonprofits, small businesses, non xparie or impacted industries that experienced the negative economic impact. Treasury notes [het recipients may award SLFRF funds to many different types of organizations to carry out eligible uses of in title and serve beneficiaries on behalf of a recipient. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4345 When a recipient provides funds to another entity to carry out eligible uses of funds and serve beneficiaries the entity becomes a subrecipient (see section Distinguishing a Subrecipient versus a Beneficiary). Far example, A recipient may grant funds to a nonprofit organization to provide food assistance (an eligible use) to low-income households (the beneficiaries). Recipients only need to assess whether the benefclaries experienced a negative economic impact and whether the eligible use respands to that impact, consistent with the two-part framework described above; the organization carrying out the eligible nse does not need to have experienced a negative economic impact if it is serving as the vehicle for reaching the beneficiaries. When making determinations about how to implement A program, recipients should consider whether that method of program implementation is an effective and efficient method to implement the program and do so in accordance with the Uniform Guidance previsions that govern procurements and sub-grantlng of federal funds, as applicable. As noted above, recipients should analyze eligible ua. based on the beneficiary of the assistance or the entity that experienced a negative economic impact. Assistance to A small business or to an impacted industry must respond to a negative economic impact experienced by that small business or industry. Recipients may not provide assistance to small businesses or impacted industries that did not experience a negative economic impact, although recipients can identify negative economic impacts for classes, rather than individual businesses, and may also presume that small businesses in certain areas experienced impacts; see section General Provisions: Structure and Standards and section Assistance to Small Businesses for details. Several examples illustrate the example, a recipient could provide assistance to households via A contract with A business to create subsidized jobs for the long-term unemployed; in this case the business is A subeecipiant and need not have m nedenced A negative connection between the assistance provided and addressing the negative economic finpact experienced by the unemployed households. The recipient could, for instance, document the subsidised jobs created under the contract and their reservation far long- term unemployed individuals. Similarly, a recipient might provide assistance to a small business that experienced a pandemic -related loss of revenue. This small business is a beneficiary and easy use those funds in many ways, potentially including hiring or retaining staff. However, general assistance to A business that did not experience a negative economic impact under the theory that this assistance generally grows the economy and therefore enhances opportunities far ,,.employed workers would not be an eligible use, because such assistance is not reasonably designed to impact the individuals or classes that experienced a negative economic impact. In other words, there is not A reasonable connection between the assistance provided and an impact on the beneficiaries. Such an activity would be atlatersh d from and thus not reasonably designed to benefit the households that experienced the negative economic presumed to be impacted by the pandemic. Treasury Response: The final rule maintains the presumpptions identified in the interim final ale and defines low- and moderate -income for the purposes of determining which households and populations recipients may presume to have been impacted. To simplify the administration of this Presumption, the final role adopts a definition of law- and moderate -income based an thresholds eateblished end used in other federal programs. Definitions. The final rule defines A household as low income if it has (i) income at or below 185 percent of the Federal Poverty Guidelines (FPGI for the sere of its household based an the most recently published poverty guidelines by the Department of Health and Human Services (HHS) or (it) income at or below 40 percent of the Area Median impact. Income (AM II (or its county and size of It. Populations Presumed Eligible household based on the mast recently published data by the Department of Presumed Eligibility: Impacted and Housing and Urban Development Disproportionately Impeded Households and Communities (HIID].aa The final rule defines a household as Background: As noted shave, the interim final role allowed recipients to presume that certain households were impacted or disproportionately impacted by the pandemic and thus eligible for responsive programs or services. Specifically, under the interim Deal rate, recipients could presume that a household or population that experienced unemployment, experienced increased food or housing insecurity, or is low- or moderate - income experienced negative economic Impede resulting from the pandemic, and recipients may provide services that respond to these impacts. The interim final rule also recognized thaI preexisting health, economic, and social disparities contributed to disprapar irate pandemic impacts in certain communities soil allowed for a broader list of enumerated eligible uses to respond to the pandemic in disproportionately impacted communities. Under the interim final rule, reripieats were allowed to presume that families welding in QCTs or receiving services provided by Tribal governments were disproportionately impeded by the pandemic. Definition of Low- and Moderate. Income Public Command: As noted earlier, many commenters sought a definition for olow- and moderate -income" to provide recipients greater clarity on which specific households could be e at for the runty and the most HUD.- -A whether to For Internet access, A childcare p ogram) may measure income at the household level. Recipients providing a service that reaches a general geographic area (e.g., a park) may measure median income of that area. Further, recipients should generally use the income threshold for the else of the household to he served (e.g., when providing childcare to A household of five, recipients should reference the income threshold far A household of five); however, reelp"ous may use the income threshold for A default household size of throe if providing to Ahn Is oleo A. refm,ed coo as median bratty in me fpr tM nw. Since AM le ryoonymoea with ow warm and need more wersty, the had mic mime to AMi. 21 Fee the six New Ireland ashma of;wmacMmt. Maine. Mumdemante. New Hampshire. abode Gland, and Vloome, HUD pmvldee AM fin towns rather IMn cammea. Awpienn in them melee Avoid oae the AM a,moepoeding to one, man when donations flowholds far bath low and modanelncome. 4346 Federal Rooter/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations services that reach a general geographic area or if doing so would simplify administration of the program to be provided (e.g., when developing a park, recipients should use the income threshold for a household size of three and compare it to median income of the geographic area to be serve ll. Note that recipients can also identify and serve other classes of households that experienced negative economic impacts or disproportionate impacts Force the pandemic; recipients can identify these classes based on their income levels, including above the levels deffmd as low- and moderate - income in the final rule. For example, a recipient may identify that homehold. in their community with incomes above the final rule threshold for low-income nevertheless experienced itisprope rtionste impetus from the pandemic suit provide omponaive servima. See section General Provisions Standards for Identifying Other Eligible Populations for details on applicable standards. Applicable levels. For reference, the FPG is commonly refereed to as the federal poverty level (FPLI and is related to- although distinct from —the U.S. Census Bureau's poverty threshold The final rule uses the FPG when referring specifically to the HFIS guidelines, as these are the quantitative metrics used for determining low -and readerate-income households. The FPG by household site for 2021 is included in the table below. Recipients should refer to IRIS Poverty 2021 FEDERAL POVERFV GUIDEUNES Guidelines for this information, which is updated annually and available on the HHS webeite.24 For calculating the th1'esholds of 40 percent and 65 percent of AMI, recipients should refer to the annual HUD Section 8 50 percent income limits by county and household size published by HUD and available on the HUD websile; in particular, recipients should calculate the 40 percent threshold as 0.8 times the 50 percent income limit, and recipients should calculate the 65 percent threshold as 1.3 itmee the 50 percent income limit �s Finally, for median income of Census Tracts and other geographic areas, recipients should refer to the most recent American Community Survey 5-year estimates available through the Census website.26 Household she se contlgtpus stems antl Me Dlstrkl of Columbia Als lot Hawaii 1................................................................................................................................................... $12,890 $16.000 $14,820 2............................................ ..................... .......... .... ....... .................. ..... ._.......... ..... ................... 17,420 21.770 20.040 3................................................................................................................................................... 21,960 27.450 25260 4.................................................. ............ ..... ........ ......... ................... ...... ............ ......................... 26.500 W'Iso 30.480 5................................................................... ._...... ..... ............._....... ........... ................................ 31.040 38.810 35.700 B............................................................................................................................................... 35.590 44.490 40.920 7.............. _..................................... ..... _........ _.............. ._..... .._............ ...... ..... ......................... athin 50,170 46.140 8...................... ....................... ..... ........ ....... ............................ ._....... ............................................ M'sage m,850 51.360 For familita households wits more Men 8 persons, aed Me following amounts for each additional prosaic 48 Contiggmw States and the District of Columbia: $4,540. Alaska: $5,680. Patent:$5,220. Sovion, 'HKS Poverty OWdelines for 2021;' available at nllpsl/asps.tths.govAnpw4povedy-awnomicmaWtlry/paveM9taterfame Rationale. In defining low income, the final rule uses both the FPG and AMI I4 account for national tmnds and regional differences. The metric of 185 percent of FPG aligns with some other programs; for instance, order the National School Lunch Program, students with household incomes under 185 percent of FPG qualify for free or reduced -price lunch, and schools often use eligibility for free or reduced -price lunch se an indicator of low-income status under Title 1-A of the Elementary and Secondary Educed on Act. Eligibility for other programs, such as the Federal Communications Commission's a -Rate nwfmwe at W. program and the Special Supplemental Nutrition Program for Women, Infants and Children employ this metric as well. In addition, 185 percent of the FPG for a family of four is $49,025, which is approximately the wage earnings for a two -earner household in which both eamera receive the median wage in occupations, such as welfare and weltresew and hotel clerks, that were heavily imported by COV10.19.21 This measure is targeted toward these at the bottom of the income distribution and thus; help to promote use of SLFRF funds towards populations with the greatest needs. At the same time, with Slate aad Meeop lft n Ara, ovollable a1 Nlpv:// www.nndnaerVvlparralldaMsetsliilil2llaren' deLniina-1722,pd) •^The U.S. Gmuus Bortid Stevan proves an intmmMiw map:US.G atus B... Medial Household Nmsne Slate SnI,e ion Met,.—hathe at hoard/ dnta.censuxaov/eeda ilsap'/q=MedNn %2elloumhuld%.hn—aa,,.Uvg a0US %2Orm0%NucJs M-AC$STv Y20r9. S1Saxon' SI001 Lb1_012hasam,e4m8 va. The U.S. Ca aunnu also provides an int ranive table: Us, Canaus Bmesu. Medan navehold Income In The Put 12 MonMs 6n 20191nllatinn-A4Nsled Dollar). approximately one -quarter of Americans below 185 percent of the poverty threshold, this approach is broad enough to facilitate use of SLFRF funds ..as many ju allictions.ul Bramme regions have different cast and income Levels, this definition also allow. for upward adjustment based on AMI for those regions where 40 percent of AMI exceeds 185 percent of FPG. The metric of 40 percent of AMI is based on the midpoint of values often used to designate certain categories of low- income households; specifically, it is the midpoint of the 30 percent income limit and the 50 percent income limit uwilaWeor hap 11threo.eansuxgavhydx'1/MLIe?� e19a13aad=AG50T5Y2039.61so13anidePieviee- wr. ++See U.S. Bweeu of Lelms SrnW a. Occupmlonel asoploymma and Wg61(wm; hnw://e»w.Ns.gov/oeslnsrrmrt/aes-ire aan Iim visited Oxambar T. 2mf 1. "U.S. Grove arueau, PovelYSlalusbY Slate, anpsllwwwanw.gwldatdmMrttimasariesl demo visited /InBacteria,wme.ia,1. u cprPovlpw 984md MasiBacteria,r. 02f1. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4347 used in programs such as the Community Development Black Grant (CDBG) Program. In defining moderate income, the final rule uses both the FPG and AMI to account for national trends and regional differences. While there are different definitions of moderate income, 300 percent of FPG falls within the range commonly used by researchers.'° Analysis of median wages emang a sample of occupations likely impacted by the pandemic also suggests that an income cutoff of 300 percent of FPG would include many households with workers in such ocoupalions.30 Moreover, the metric of 300 precool of FPG covers households that, while above the poverty line, often lack economic security.3+ Treasury determined the AMI threshold for same ratio income. This anchors the threshold to the existing definitions of moderate income from the literature while taking into account geographical variation in income and expenses in the same manner as the definition of low income Eligibility Presumptions Public Comment: Many commenters believed that a broader range of groups should be considered presumptively impacted and disproportionately impacted, arguing that many households had bean affected by the pendemtc and that broader presumed eligibility would help recipients provide assistance quickly and effectively. Treasury also received many comments on the presumption that families living in QCrs or receiving services from Tribal governments were disproportionately impacted by the pandemic. While many commenters supported the interim final ride's recognition of disproportionate impacts of the pandemic on low-income communities, many commenters disagreed with treating QCrs as the only presumed eligible group of d iaproporiionetely impacted households, apart from households served by Tribal governments. While acknowledging a potential increase to administrative burden, commenters recommended that Treasury presume other households or geographic areas, in addition to QCrs, were disproportionately impacted; suggestons included all low- and moderate -income households, geographic areas designated as Opportunity Zones, Difficult Development Areas (DDAsl areas with a certain amount of Real Estate Advantage Program (REAP) recipients, or use of eligibility miteria from the Community Reinvestment Al. One commenter generally recommended that e clearer definition of "disproportionately impacted" should be provided and [ha[ any definition should include communities elector and people of limited means. Another recommended specific eligibility for People that had reconty interacted with Tribal on use of aggregate population of eligible tracts. One commenter noted that these areas should be considered the same as QCrs for the purpose of SURF funds. Some commenters e�Bued that rural counties typically have few QCfs despite high levels of poverty and disruption caused by the COVID-19 pandemic Other rural commenters recommended that the designation he by county rather than at a more granular level, arguing that the QCf designation is biased towards urban areas and understates the harm done to rural America. Many commenters representing Tribal governments supported the presumption that services provided by Ti that governments respond to disproportionate impacts. Treasury Response Summary: While households residing in QCrs or served by Tribal governments were presumed to be disproportionately impacted, Treasury emphasizes that under the interim final rule recipients could also identify other households, populations, or geographic mess that were disproportionately impacted by the pandemic and provide eervicex to respond. The final rule maintains the presumptions identified in the interim final rule, as well as recipients' ability to identify other impacted or disproportionately impacted classes. The final role also allows recipients to presume that low-income households .a d'upropml tionately impacted, and as discussed above, defines low- end moderate-memer. Finally, under the final role recipients may else presume that households residing m the U.S. Invited. or receiving services from territorial governments were disproportionately impacted. Households presumed to be impacted: Impacted households are those that experienced a public health or negative economic terpact from the pendemtc. With regard to public health impacts, red less may presume that the general public experienced public health impacts from the pandemic for the purposes of providing services for COVID-19 mitigation and behavioral health. In other words, recipients may provide a wide ranee of enumerated it tens of million; uts to prevent an, of the disease are Further, the stress of the pandemic and resulting recession have affected nearly all Americans. Accordingly, the final rule presumes that the general public are impacted by and eligible for services prevention needs, as well as behavioral health needs. With regard to negative economic impacts, as with the interim final rule, under the final rule recipients may presume that a household or population that experienced unemployment, experienced increased food or housing insecurity, or is low- or moderate - income experienced negative economic impacts resulting from the pandemic. Tha final ride's definition of low- and to simplify impacted is that experienced a 4348 Federal Register/Vol. 87, No. 1.8/Thursday, January 27, 2022/Rules and Regulations disproportionate, or meaningfully mom m severe, impact frothe pandemic. As discussed in the interim final rule, pre- existing disparities in health and economic outcomes magnified the impact of the COVm-19 public health emergency on certain households and communities. As with the interim final .Is, under the final role recipients may Mpres�ume that households residing in QCfs or receiving services provided by Tribal governments were disproportionately impacted by the pandemic. In addition, under the final rule recipients may presume that low- income households were disproportionately impacted by the pandemic. Finally, under the final rule recipients may also presume that households residing in the U.S. territories or receiving services from territorial governments were dispproportionately impPacted. Was eury ncaes that households presumed to be disproportionately impacted would also be presumptively impacted, as these households have not only experienced pandemic Impacts but have experienced disproportionate pandemic impacts; as a result, these households are presumptively eligible for responsive services for bath impacted and disproportionately impacted houaelsolds. Many different geographic, income - based, or poverty -based presumptions could be used to designate disproportionately impacted populations. The combination of permitting recipients to use QCfa, low- income bouseholds, aad services provided by Tribal or territorial governments as presumptions balances these varying methods. Specifically, QCrs are a commonly used designation of geographic areas based on low Incomes or high poverty miss of households in the cemmunity; for recipients providing gongraphically targeted service s, QGTs may provide a simple metric with readily available maps for use. However, Treasury recognizes that QCIs do not reprove all underserved populations, including for masons noted by commenters. By allowing recipients to also presume that low-income households were disproportionately imCpaal Died, the fin role provides greater flexib8ity to serve underserved households or com ounities. Date on household incomes is also readily available at varying levels of geographic granularity (e.g., Census Tracts, counties), again permitting flexibility to adapt to local circumstances and needs. Finally, Treasury notes that, as discussed further below, me! tents may also identify 0ther households, populations. and communities disproportionately impacted bythe pandemic, in addition to those presumed to be disp -Fort"m tel impacted. Additionally, Tnbel end territorial governments may face both disproportionate impacts of the pandemic and administrability challenges with operationalizing the income -based standard; therefore, Treasury has presumed that services provided by these governments respond to disproportionate pandemic impacts. Given a lack of regularly published data on household incomes in most territodea?' as well as a lack of poverty guidelines developed for these jurisdictww,a' it may be highly challenging m assess disproportionate Impact in these communities according to an income- or poverty -based standard. Similarly, data on incomes in Tribal communities are not readily available.34 Finally, as described in the sections on Public Health and Negative Economic Impacts, Tribal communities have faced particularly severe health and economic impacts of the pandemic. Similarly, available weeerch suggests that preexisting health and economic disparities in the territories amplified the impact of the pandemic on these communities.'" Categorical Eligibility Public Comment: Several commenters suggested that the final rule permit recipients to rely on a beneficiary's eligibility for other federal benefits programs as an.aily administrable proxy for identifying a grog or population that experienced a negative economic impact as a result of the COVID-19 public health emergency (i.e., categorical eligibility). In other words, a recipient would determine that individuals or households are eligible for an SLFRF-funded program based on the individual or household's eligibility in another program, typically another federal benefit program. Commenters noted that categorical eligibility is a common policy in program administration that can significantly ease administrative burden on both program administrators and beneficiaries. Treasury Response: Treasury agrees that allowing reripiente to identify impacted and disproportionately impacted beneficiaries based on their eligibility for other programs with similar income tests would ease administrative burden. To the extent that the other program's eligibility criteria align with a population or class that experienced a negative economic impact of the pandemic, this approach is also consistent with the process allowed under the final role far recipients to determine that a class has experienced a negative economic impact, and then document that an individual receiving services is a member of the cites. For these reasons, the final rule recognizes categorical eligiblI ty for the fol lowing programs and populations: • Impacted households. Treasury will recognize a household as impacted if it otherwise qualifies for any of the following programs: o Children's Health Insurance Program (CHIP) o Childcare Subsidies through the Child Care and Development Fund (CMF) Program o Medicaid o National Housing Trust Fund (HTF), for affordable housing programs only Home Investment Partnerships Program (HOME), for affordable housing impacted if it otherwise qualifies for any of the following programs: o Temporary Assistance for Needy Families(TANF) 0 Supplemental Nutrition Assistance Program (SNAP) n Free and Reduced -Price Lunch (NSLP) and/m School Breakfast (SBP) programs o Medicare Part D Low-income Subsidies o Supplemental Security Income (SS8 o Head Start and/or Early Head Start o Special Supplemental Nutrition &p rom for Women. Infants, and Children (WIC) o Section 8 Vouchers o Low -Income Home Energy Assistance Program (LIHEAP) o Pell Grants o For services to address educational disparities, Treasury will recognize Title Federal Register/Vol._ 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4349 I eligible echoolsw As likely to be responsive to the harms interpretive framework discussed above, disproportionately impacted and identified. That is,. the group of including presumptions ofgmup. responsive services that support the entities being served by a program has disproportionately impacted, as well as school generally or support the whole a wider set of fact patterns, or the type the ability to identify other school as eligible Of entities, their circumstances, or their differ disproportionately impacted c. Standards for Identifying Other Eligible Populations pandemic experencee more substantiallyy it may be mme difficult to get populations, households, or geographies (referred to here as disproportionately Standards: Designating Other Impacted dot.!. the class has actually experienced the same or similar fin acted ss acted claes). As discussed in the interim final rule, Classes negative economic impact and that the in identifying other disproportionately Public Comment: Treasury received multiple comments requesting additimnal clarification about how classes of impacted individuals may be designated, as well as questions asking whether recipients must demonstrate a specific public health or negative economic impact to each utility served (e.g., each household mrsiving assistance under a program). There were several comments requesting that specific geographic designations, like a county or hoped Zone, be eligible to use as a determining boundary. Treasury Response: The interim final rule allowed, and the final rule maintains, the ability for recipients to demonstrate a public health or negative economic impact on a class and to provide assistance to beneficiaries that fall within that class. Consistent with the scope of beneficiaries included in sections 602(c)(1)(A) and 603(c)(11(A) of the Social Security Act, Treasury is clarifying that a recipient may identify such impacts for a class of households, small businesses, or nonprofits. In each cases, the recipient used only demonstrate that the household, small business, or nonprofit is within the relevant class. For example, a recipient could determine that restaurants in the downtown area had generally experienced a negative economic impact and provide assistance to those small businesses to respond. When providing this assistance, the recipient would only need to demonstrate that the small rea eurants in the downtown area. The demonstrate that each restaurant served experienced its own negative economic impact. In identifying an impacted class and responsive program, service, or capital expenditure, recipients should consider the relationship between the definition .fill. class and proposed response. Larger and less -specific classes are less likely to have experienced similar harms and than the responses am less .e IIde leii ficha schonb mum veFoole eligible to rwarac yco. undersection Stl30f Ish. 1. not A of the 8l. .'and Secondary adocolon Act d aim, as emended(W USG 9313). Iodating act—]. awed undo sarlbn 1113@In11C of that Ad response is appropriately tailored to Impacted classes, recipients should be address that impact. able to support their determination that Standard: Designating Other Disproportionately Impacted Classes Summary ofhatenm Final Rule: As noted above, the interim final rule provided a broad art of enumerated eligible uses of funds in disproportionately impacted communities, including to address pm - existing disparities that contributed to more severe pandemic Impacts in these communities. The interim final rule presumed that these services are eligible uses when provided in a QCT, to families and individuals living in QCT., or when these services are provided by Tribal governments. Recipients may also provide these services to "other populations, households. or geographic areas disproportionately impacted by the pandemic" and, in identifying these disproportionately Impacted commonifim. should be able to ammort health or economic outcomes to the groupp identified. Pir fic Comment: A significant number of commenters expressed uncertainty regarding the pr000ss for determining eligibility for disproportionately impacted communities beyond QCTs. A commander noted that a clearer definition of"disnronortinnateb limited means. Some commenters suggested a template or checklist to sea if an area meets the standard for disproportionately impacted communities outside of QCTs. Some commenters slated that QCT and non- QCT beneficiaries should be treated the soma. Treasury Response: Under the interim final rule, presuming eligibility for services in QCTs, for populations living in QCTs, and for Tribal governments was intended to ease administrative burden, providing a simple path for recipients to offer services in undereerved communities, end is not an exhaustive list of disproportionately impacted communities. To further clarify, it,. final hale codifies the disproportionate public health or armum is outcomes to the specific populations, households, or geographic areas to be served. For example, the interim final role considered date regarding the rate of CDVID-I9 infections and deaths in low-income and socially vulnerable communities, noting that these communities have experienced the moat severe health impacts, compared to national averages. Similarly, the interim final Is considered the high concentration of low-income workers performing essential work, the reduced ability to socially distance, and other pre-existing public health challenges, at of which correlate with more severe COVII 19 outcomes. The interim final rule also considered the dismoponfouste citing, for example, the rate of job among low -Income persons as cm to the general population. The int final Is than identified QCrs, A common, readily accessible, end Emigre hically granulm method o identifying communities with a If 1n other words, the interim final rule identified disproportionately impacted papulatimlls by assessing the impacts of the pandemic and finding that some populations experienced meaningfully more severe impacts than the general public. Similarly, to identify disproportionately impacted classes, recipients should compare the impacts experienced by that class to the typical or average impacts of the pandemic in their local area, state, or nationally. Recipients may identify rimses of households, communities, small businesses, nonprofits, or populations that have experienced a disproportionate impact based on academic ressan:h or government research publications, through analysis of their awn data, or through analysis of other existing data sources. To augment their analysis, or when quantitative data is not readily available, recipients may also consider qualitative research and sources like resident interviews or 4350 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations feedback ftom relevant state and local agencies, such as public health departments or social services departments. In both came. recipients should consider the quality of the research, data, and applicability of analysis to their determination. In designing a program or service that responds to a disproportionately impacted class, a recipient must first identify the impact and then identify an appropriate response. To assess disproportionate impact, recipients should rely on data or research that measures the public health or negative economic impact. An assessment of the effects of a response (e.g., aurvey data on levels dissident support for various potential resporues) is not a substitute for an assessment of the impact experienced by a particular class. Data about the appropriateness or desirability of a response may be used W assess the ro nftmibluva a of a response, once an impact or disproportionate impact has been identified but should not be the basis for assessing impact. 2. Public Health Background On January 21, 2020, the Centers for Disease Control and Prevention (CDC) identified the first ease of novel cornerstone in the United States?' Since that time, and through present day, the United States has faced numerous waves of the virus that have brought acute strain on health care and public health systems. At various points in the pandemic, hospitals and emergency medical services have seen significant influxes of patients; response personnel have faced shortages of congregate living facilities like nursing homes have seen rapid spread. Since the initial wave of the COVIDY 19 pandemic, the United Sale , has faced several additional major waves that continued to impact communities and stretch public health services. The summer 2020 wave impacted communities in the south and southwest. As the weather turned colder and people spent more time indoors, a wave throughout fall and winter 2020 impacted communities in almost every region of the country as the virus reached a point of uncontrolled spread and over 3,000 people died per day due to COVID-19.se •r Pro Hole".. Gnlme an Di —Control and Pwontion. First Tmvcbmldr Gee of 2019 NWd Caronavwe (Tadao m UKRW state. flan. 21. m201. haIJlwwsdc.go.hamia/rttasen/2oaw yerzl.nawl.rorona't rmwhmu hrml. e'Gsu_ for nleea.a rumml and Prennum,. edVm on. Tnid., T... ds in Nembee or COV10. In December 2020. the Food and Drug Administration (FDA) authorized COVID-19 vaccines for emergency as, and wan thereafter, maa. vaccination in the United States began. At the time of the interim final role publication in May 2021, the number of daily new infections was steeply declining as rapid vaccination campaigns progressed across the country. By summer 2021, COVID-19 cases had fallen to then lowest level since early months of the pandemic, when testing was scarce. However, throughout late summer and early fall, the Delta variant, a more infectious and transmittable variant of the SARSCoV-2 virus, sparked yet another surge. From June to early September, the seven-day moving average of reported cases rose from 12,000 to 185,000se As of December 2021, COVID-19 in total has infected over 50 million and killed over 800,000 Americans. - Preventing and mitigating the spread of COV[0.19 continues to require a major public health response from federal, State, local, and Tribal government.. First, state, local, and Tribal governments across the country have mobilized to support the national vaccination campaign. AS of December 2021, more than 80 percent of adults have received at least one dow, with more than 470 million total dome administered.'' Additionally, more than 15 culture children over the age of 12 have mceived at least one dose of the vaccine and over 47 million people have received a booster dose.4z Vaccines for younger children, ages 5 through 11. have been approved and are reaching communities and families across the country. As new variants continue to emerge globally, the national effort to administer vaccinations and other 00VID3 19 mitigation strategies will be a critical component of the public health response. In sally reporting on uses of SLFRF funds, recipients have indicated that they plan to put funds to immediate use to support continued vaccination campaigns. For example, one recipient has indicated that it plans to use SLFRF 19 Gee and OnNn In on, US anpoded to CDC, by Statenemtory, hmysd1 ovid.edc.ov1nn,*1am- mzJbo#umd, hu1,1endwnwe ilul%laii newnber 7.2091). >°1d. -aim- Tv.ranee CommlandPmva,i/ COVm Mt. TnJ 4A bam..b w.covid.W1 wl maid-dm,.Im2021) mm�vakerhan,e Ilea vi.nal naembn 3r, m211 Goren for.lanes endrventlan, l non.cOVID-1V10.i9VacdaohNhSin the Unuanus. int, rmokeA9w[cawnonvnut viwed Cecmmbo[ 2. ri, funds to support a vaccine incentive program, providing $100 gift cards to residents at community vaccination clinics. The program aimed to target communities with high public health needs.41 Another recipient reported that it is partnering with multiple agencies, organizations, and providers to distribute COVID-19 vaccinations to homebound residents in assisted living facilities.44 State, local, and Tribal governments have also continued W execute other aspects of s wide-ranging public health responm, including increasing access to COVID-19 testing and rapid at-home tests, contact tracing, support for individuals in isolation or quarantine, enforcement of public health orders, new public communication efforts, public health surveillance (e.g., monitoring case trends and gam mic sequencing for variants), enhancement to health care capacity through alternative care facilities, and enhancement of public health data systems to meet new demands or scaling needs. State, local. and Tribal governments have also supported major efforts to Prevent COVID-19 spread through safety measures at key settings like Imrsing homes, schools, congregate living acttings, dense worksites, incarceration settings, end in other public facilities. This less Included, for example, implementing infection prevention measures or making ventilation improvements. In particular, state, local, and Tribal governments have mounted significant efforts to safely reopen Schools. A key factor in school molesting is the ability to implement COVID-19 mitigation other air and a number of other meesums.4+ For example, one recipient described plans to use SLFRF funds to further invest in school health resources that were critical components of school reopening and reducing the spread of COVJD-19 in achoals. Those investments include the increasing school nurses and social Federal Register/Vol. 87, No. 18/Thureday, January 27, 2022/Rules and Regulations 4351 workers, improved ventilation systems, and other health and safely measures. The need for public health measures to respond to C0V10.19 will continue moving forward, This includes the continuation of vaccination campaigns for the general public, booster doses, and children. This also includes monitoring the spread of COVI0.19 variants, understanding the impact of Pass variants, developing eppproeclue I. respond, and monitoring global COVID- 19 trends. Finally, the long-term health impact. of COVI0.19 will continue to require A public health response, including medical services for individuals with "long COVID " and research to understand how C0VI0.19 impacts future health needs and raises risks for the tens, of millions of Americana who have been infected. The COVID-19 pandemic also negatively impacted other areas of public health, particularly mental health and substance use, In January 2021. over 40 percent of American adults reported symptoms of depression or anxiety, up from 11 percent to the first half of 2019.4e The mental health impacts of the pandemic have been particularly acute for adults ages 18 W 24, facial and ethnic minorities, wregivara for adults, and essential worker., wtth all reporting significantly higher rates of considering suidde.47 The proportion of children's emergency department visits related to mental health has also risen noticeably.411 Similarly, rates of substance use and overdose deaths have spiked: preliminary data from the CDC how a nearly 30 percent increase in drug overdose mortality from April 2020 to April 2021, bringing the estimated overdose death tall for a 12-month period over 100,000 for the first time ever.`° The CDC also found that ]3 percent of adults started or increased "Mmorder Panclul at al., The Implieraw s of COV10.1e for Mental.11h end Substance Abuse IFnb. 10, IDa,), htlpsl/wwwYfJargkwonrner— 'dtuil ease-W:a//@simplimsimaa}mmAxa foram rial-heaNh end-aubamrta sae/Y:-.rexl= OWer%10adulh%30ore%]0alre%10 tome. pnm%2Am%Wihm%aFvuAaxM20srhm;;Mark 9. cast m al., Mental neaps. Subs'tmce Abuse, and Sudtldel lderaden pods, COVl0.19 Pmdmnio— Untied Some. June 2 O 2020, Most. Moral. Wed, mrP 601321: 3(m9­o7 lung. 14, 2020). h0p$Y1 .Negev/mmwr/valumee/69/wN mmfeceen.A. Id. eeixeng epartm mel.,MmW lra Childont d 0ad, Is, Department Worml Vibe Amm,g Qlldrwr Ages Ae vum Wdng N. COVmPud.mio- Mount,Sores, )emery 1-0tobar0 a 2020. Marti. ManeLWkly.Rep .el.In to nee e/sWo3, 30201. M1npe:/iwww.arkaw/mmwrholumaelae/Del can Center t r fusee PreueMf a and vamona, MR, Crl Cnntm tar h Courts, ts, hatin, Provo cao, molm.wwo ufilth Comte.M1rmaher eta Wovl MAY 8 Dwanrr/drug021Mwedam.M1tm lm•I viaitvd MAY a Demmber e. zoxv. substance use to cope with stress related to COVID-19 and 28 percent reported having symptoms of trauma- and stresaorrelated disorder (TRSEq related to the pandemie.so Another public health challenge exacerbated by the pandemic was violent crime and gun violence, which increased during the pandemic and has disproportionately imported low- income commemitfes." According to the Federal Bureau of Investigation (FBI), although the property crime rate fell 8 percent in 2020, the violent creme one increased 0 percent in 2020 compared to 2019 data.°' In particular, the estimated number of aggravated oaseoil offenses rose l2 percent. while murder and manslaughter increased 30 percent firm 2019 to 2020.as The proportion of homicides committed with firearms rose from 73 percent in 2019 to 78 percent in 2020.e4 Exposure to violence can create serious short-term and long-term harmful affects to health and development, and repeated exposure to violence may be connected to negative health outcomes.es Addressing community violence es A public health issue may help prevent and even reduce additional harm to individual., households, and communities. Many communities are using SLFRF funds to invest in holistic approaches in violence prevention that are rooted in targeted outreach and addressing root .a.. For example, the City mist. Louis is planning to invest in expanding a "community respponder" model designed to provtde clinical help and to divert non-violent calls away from the police department. Additionally, the city will expand acmes to mental health services, allowing residents to seek support at city recreation centers, e°Pnmend. outer mle ea; Mark 9, MovInrel at, supmnotew. o The white Drum, FACT SneFP; More "Rolle An the Bider -Harris Administrator's treatments in CmmmNty Violeuelnmmntiam (gpol ]. xOxxl, httprl/umw.wbifuhouse.grv/bdefingmwn/ ,a m"aegluoermRt-hreerk--rxa/m3r t0u3d1'/09an/Odle/ijnnrcicesltt-huee,bkfemrvtnamn- tiw -Ferol Bureau of I-ati FBI adueor- s 2n2l Crime Smrtiw lax,mine27 s -oe—enovs—dermeulfba- odeacm-enounmbbiou. / u=rd mere. aene oveFAucattmal Pond runs Rene Vlelmm, cammrtmy cm Viaenra, tuvir /efaweloneal a. speputractonm20211, niry-gm-Wdmm/rat visited mNOde Law enter.. etas Ufa a Law center. I. am conrmmi. 1p Viola;ce Epidemic c Bonito to tlta Urban Gun Violence gpldamic QAmc6 xore), httpel/gigaNa. mentuna a-forCcearpef. 9/OVHevling- CdainpdJ. libraries, and other public spaces."' Similarly, Los Angeles County will further invest in its "Care First, Jails Last' program which seeks to replace "arrest and incarceration" responses with health interventionsse While the pandemic affected communities across the country, it disproportionately impacted some demographic groups and exacerbated health inequities along racial, ethnic, and socioeconomic lines.'" The CDC has found that racial and ethnic minorities are at increased risk for infection, hospitalisation, and death from COVID1 19, with Hispanic or Latino and Native American or Alaska Native patients at highest risken Similarly, low-income and socially vulnerable communities have seen the most severe health impacts. For example, counties with high poverty rates also have the highest rates of infection. and deaths, with 308 deaths per 100.000 compared to the U.S. average of 238 deaths par f00,000, as of December 2021.81 Counties with high social vulnerability, as measured by factors such as poverty and educational attainment, have also fared more poorly then the national average, with 325 deaths par 100,000 as of December 2021?r Over the course of the wol C ntm for Disease Control and Preaenem, COVID MI. Ter.km Tvndx it MRIEDI8 Came and and DmIh.In It. holadw c,mmum 4352 Federal Register/Vol, 87, No. 18/Thursday, January 27, 2022/Rules and Regulations pandemic, Native Americans have experienced more than one and a half times the rate of COVIO-l9 infections, mina than triple the rate of hosphalirations, end more than double the death ]rote compared to White Amedcans.aa Low-income and minority communities also exhibit higher rates of pre-existing conditions that may contribute to an incrossed risk of COVI0.19 martality.ss In addition, individuals living in low-income communities may have had mane limited ability to socially distance or to self -isolate when ill, resulting in faster spread of the virus, and were over- represented among essential workers, who face greater risk of exposure.°° Social distancing measures in ,..an. to the nandem is may have also time at levels contributed to more severe public healt outcomes of the pandemic within these communities, resulting in an exacerbation of pre-a<uting dispariliw in health outcune.gr Vulneraliiliry Index, Mips://cwid.Negav/mad dma-trmler/apa,,-famonjam/dmtds Ilea vbad nx—le, 1. Mou. Lamers nor mean, CmmA and Piunitinn. Wek f,r coir0.le Infection• Hupeananon, and =1h ay Rem/RtMid, hme. on, ..cdcgov/ mares/aote—W-ad.daramexaigouans- dammry/daapimlizmiond °army ram NA S., heal 9e9 vi an 0211 w See, o. Risen me a flip eCn rol Davend Prevenl19 peek ofanvere aloesoie cdc.rom IXJVry rB Inec la, 30301. /�ttp'://xww.cdc.gav/ marvs/amem:ov/cmnmunity/AeoltM1agairy/ out is symer 1, Vsillneca html gen vLRed ceremAv r. Vol).eal. Summary of the Interim Final Rule Approach to Public Ilealth Summary: As discussed above, the interim final rule provided flexibility for recipients to pursue a wide range of eligible uses to "respond to" the COVID-19 public health emergency. Uses of funds to "respond to" the public health emergency address the SARS- COV-2 virus itself, support efforts to prevent or decrease spread of the virus, and address other impacts of the pandemic on public health. The interim final rule implemented these provisions by identifying a non-isdim ative list of programs or services that may be funded as responding to COVI0.19 ("enumerated eligible uses"), along with considerations for evaluating other potential uses of funds not explicitly listed. Enumerated eligible uses are discussed below. Far guidance on how to determine whether a particular use is allowable, beyond those enumerated, sae section Standards: Identifying a Public Health Impact. Enumerated eligible uses under this section built and expanded upon permissible expenditures under the Coronavirus Relief Fund; far clarity, the interim final rule expressly listed as eligible uses the ism permissible under the Caronavirus Relief Fund, with minor exceptions.- The interim fiml rule also recognised that the nature of the COV10.19 public health emergency, and responsive policy mmsures, programs• and services, had changed over time and is expected to continue evolving. The interim final rule categorized numerated eligible uses to respond to the public health emergency into several categories: (1) COVID-19 mitigation and prevention, (2) medical expenses, (3) behavioral helth rare, (c) public health and safety staff, (5) expenses to improve the design and execution of health and public health programs, and (6) eligible uses to address disparities in public health micomse. For each category in turn, this section describes public comments received and Treasury's response, m well as comments received proposing additional enumerated al i bleuses* eorganfzoames andCmss- References: In some cases, enumerated eligible uses included in the interim final rule under responding to the public health emergency have been re. categorized in the organization of the final rule to enhance clarity. For discussion of eligible uses for public health and safety staff and to imrove the design and execution of public health programs, please see section Public Sector Capacity and Workforce in General Provisions: Other. For discussion of eligible uses to address disparities in public health outcomes, please see section Assistance to Households in Negative Economic Imp ds. Canvemely, discussion of eligible assistance to .all businesses and nonprofits to respond to public health impacts has been moved from Assistance to Small Businesses end Assistance to Nonprofits in Negative Economic Impacts to this section. This change is consistent with the interim final rule, which provides that appropriate responses to address the public health impacts of COVID -19 may be provided to any type of entity. a. COVM-19 Mitigation and Prevention COVID-19 public health response and mitigation tactics. Recognizing the broad range of services and programming needed to contain COV10.19, the interim final rule provided an extensive list of enumerated eligible come to prevent and mitigate COVID-19 and made clear that the public health response to the virus is expected to continue to evolve over time, necessitating different use of funds. Enumerated eligible was of funds in this category included: Vaccination programs; medical care; testing; contact tracing; support for isolation or quarantine; supports for vulnerable populations to access medical ar public health services; public health surveillance (e.g., monitoring case trends, generate sequencing for variants); enforcement of public health orders; public communication efforts; enhancement in health care capacity, support far prevention, in conglega schools; ventilation improvements in congregate settings, health care settings• or other key locations; enhancement of Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4353 Rublic health data systems; other public ealth responses; and capita[ uses that can adapt to local needs, as well as evolving response needs and in CDC guidance for stopping the spread ofCOVl0.19isnot apermissible use of lmvestioure to public facilities to ..at pandemic operational needs, such as developments in understanding of transmission of COVID-19. Treasury funds. In other words, recipients may not use funds for a program that physical plant improvements to public hospitals and health clinics or adaptations to buildings emphasizes how the enomeated eligible uses can adapt to changing undermines practices included in the CDC's guidelines and recommendations public to implement COVID-19 mitigation tactics, circumstances. For example, when the interim fiml rule was.].,and, national forstoppinginespreadoommendtio This includes programs that impose a Thean mom uses are consistent wise th guidance from public health daily COVID-19 cases were at relatively low levels and declining; e9 as the Delta condition to discourage compliance with practices in line with CDC authorities, including the CDC. Public Comment: Many commenters variant spread and cases peaked in many areas of the country, particularly guidance (e.g., paying off fines to businesses Incurred for violation of were supportive of expansive enumerated eligible was for mitigating those with low vaccination rates, government response needs andtactics COVW-19 vaccination or safety requirements), as well as programs that and preventing COVID-19, noting the wid ha evolved, and the SLFRF funds provided require households, businesses, e range o acUv ilea t t governments may undertakeand the continued changing landscape of pandemic response. Some commentan, requested that Treasury engage in ongoing consideration of and consultation on evolving public health needs end resulting eligible expenses. Some commenters noted that their jurisdiction does net have an oMci.1 public health program, for example smaller jurisdictions or these that do not have a health department, and mregqowball clarification an whether their public health expenses would still be eligible and prevent COVID-19, given responses." Note that the final rule discusses several of these enumerated used in more detail helow. Treasury is further clarifying that when providing COVID-19 prevention and mitigation services, recipients ten identify the impacted population as the general public. Treasury presumes that all enumerated eligible uses for programs and services, including programs and services, are reasonably proportional responses to ilia harry identified unless a response is grossly disproportionate to the tyge or extent of harm part ad. Note that capital expenditures ere not considered "programs and services" and are not presumed to be reasonably proportional responses to an identified harm except as provided in auction Capital Expenditures in General Previsions: Other. In other words, recipients can provide any COVD-19 prevention or mitigation service to members of the general public without any further analysis of impacts of the pandemic on those individuals ..it whether the servcee re responsive. This approach gives recipient governments an extensive set of eligible the ability to quickly and nimbly adapt to new public health needs. Treasury also notes that funds may be used to up art compliance with and Implementation of COVID-19 safety requirements, including vaccination requirements, testing progmme, or other Mad practices. Recipient governments do not need /o have an official health or public health program to order to ufill. these eligible uses; any recipient can pursue these eligible uses, though Treasury recommends consulting with health and public health professionals to support rival role and The decurestances of COVI0.19 and provides a broad range of permissible uses for mitigating and preventing the agreed of the disease, to a manner consistent with CDC guidelines and recommendations. The purpose of the SLFRF funds is to mitigate the fiscal effects stemming (ram the COVID-19 public health emergency, including by supporting efforts to at the spread of the virus. The interim net rule and final rule implement this objective by, in part, providing that recipients may use SLFRF funds far COVID-10 mitigation and prevention.71 A program or service that imposes conditions on participation in or acceptance of the service that would undermine efforts to stop the spread of COVID-19 or discourage compliance with recommendation. and guidelines as sae Cemen for nmeaee Control and Revaeewa, COVm nare T agile.. he,,11-eed o&gael-ves- dalo-1m voxnads_da1,,e .thee, olted Ikcenese r. xazll. .a See Cantme for Ineeaa limed and Preession. CM10-19, hdgndMxw.M[gwlmnnaehayzola n hadiex.aangiast visited Novembor s, xsvJ. "Sea §MA(b): two-line. slits and Loul Final Rocwary parolees FR 9 M7M nonprofits, or other entities not to use practices in line with CDC guidance as a condition ofmceiving funds (e.g., requiring that businesses abstain from requiring mask use or employee vaccination as a condition of receiving SLFRF funds). Vaccination progmme and vaccine incentives. At the time of the interim Real rule release, many vaccination programs were using mass vaccination tactics to rapidly reach Americans an mass. for first vaccine dwas.72 Since that time, the FDA has authorized booster vaccine doses fro certain groups and certain vaccines and has also authorized vaccines for youths 7a 7+The inclusion of "vaccination programs" as an eligible use allows for adaptation as the needs of programs changge or new groups become eligible for diffevenl types of vaccinations. Public Comment: Since the release of the interim final role, any recipient governments have also requested clarification on whether vaccine incentives are a permissible use of funds. Treasury Response: Treasury issued guidance clarifying that "[vaccine] programs that provide incentives reasonably expected to increase the number of people who choose to get vaccinated, or that motivate people to get vaccinated sooner than they otherwise would have, she an allowable "crates car Oi,mm control and pmention. (xn'10 Dea Rader. COV10.19 Vaminalions In the United Show. Ships 11nual Nngawmved.dab- InckerWvar<Imaonv than eiuted October 1., ze21). ' U.S. Food and tau, Administration. C onavYna(WO 19) Update: MA Talwa Additional lemons on me Use or. 9omtee Ouse mr CGVl m vammes. hoped/x pdo.goWivos� buee/peaysdismeaneehsi oaxho chi1dSo Lfonlecnmvidde�wecinauenued ron.djurp, tr S.uMagn-If-yean.aga gut stases Nw.mbere, roll U.S. Food and ones eChAdministration, MA Aumariwa Usew Ciri Teeh COvlo-uI Vaeaut far 0n. un,s Ilea in(lJldttn Slh tlu Years of ... RI. noe.walfd...'herna-avanabions a n ou—naammbes—hakhr in-s- eh- avid h 11-pose [It nvinhad Lddren-a- r.U. lbymmnge 9aat visited Nwem ar B. zm11. 4354 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations use of funds so long as Such coats are equipment (e.g., emergency response Treasury Response: These are reasonably proportional toerm the expected radio systems); pissible uses of funds under the public health benefit."" This use of • Installation and improvements of interim final role and remain eligible funds remains permissible under the ventilation systems; under the final rule. final role. Capital Expenditures Public Comment. Many commenters requested clarification around the types needs; ventilation care Treasury Response: For clarity, Treasury has addressed the eligibility standard for capital expmelitmea, or investments in property, facilities, or equipment, in one section of this Supplementary Information; see section Capital Expenditures in General Provisions: Other. In recognition of the importance of capital expenditures in the COV10.19 public health response, Treasury enumerates that the following pmjects are examples of eligible capital • Improvements or construction of COVI0.19 testing sites and laboratories, and acquisition of related equipment; • Improvements or construction of COVID-19 vaccination sites; • Improvements or construction of medical facilities generally dedicated to COVIo-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVI0.19 related treatment); • Expanses of establishing temporary medical facilities and other measures to increase COVI0.19 treatment capacity, Including related construction casts; • Acquisition of equipment for COV10.19 prevention and treatment, including ventilators, ambulances, and other medical m emergency services squipmerit; • Improvements to or construction of emergency operations centers and acquisition of emergency response "Commavimv State eed Lceal Fbcil Recovery Punta. De9uratly Aped QuMllan;ee of loly Is. 2mr1 hffp"1home.avvaurygnv1.pm,✓phal,ml SIPPPPAQ.pdf. Nate that pregame may p—id, amnc es. individuals who leux.1—dy mmived vnalian tithe iocenitve iswattractedreaeeblyattractedd to.om•ae the number of pmp2 who drama. get excl.assed se motivate a a,le. gel ..aimsel aria me con. art exec—bb, p.Pauiseaa is Ne expened public heal. bemat. • Costs ofesteblishing public health data systems. including technology infiaslruchrre; • Adaptations to rongregete living facilities, including skilled nursing facilities, other long-term care facilities, incarceration settings, homeless shelters, residential foster care facilities, residential behavioral health treatment. and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of COVIO-19 in the facility); and • Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor space$). Other clarifications on COVW-19 mitigation: Medical care, supports for vulnerable populations, data systems, camemi settings. Based on public comments and questions received from recipients following the interim final role, Treasury I. making several further clarifications on enumerated eligible uses in this category. Public Comment: Several commenters eq sated clarification on eligible roes of Ponds for medical care; Treasury addresses thane comments in the section Medical Expenses below. Public Comment: Recipients posed questions on the type and scope of activities eligible as "supports for vulnerable populations to access medical or public health services." Treasury Response: Enumerated eligible was should be considered in the context of the eligible use category or section where they appear; in this cam,"supports for vulnerable populations to access medical or public health services" appears in the section COVIO-19 Mitigation and Prevention. As such, these eligible uses should help vWnemble or high -risk populations access services that mitigate COVID-19, for example, transportation assistance to reach vaccination sites, mobile vaccination or testing programs, or on - .its vaccination or testing services for homebound individuals, those in group homes, or similar settings. Public Comment: Some commenters asked whether "enhancement of public health data systems" could include investments in software, databases, and other information technology resources that support responme to the COVID 19 public health emergency but also provide benefits for other use no. and long-term rapacity of public health departments and systems. Assistance to Businesses and Nonprofits To Implement COVID-19 Mitigation Strategies Background: As detailed above, Treasury received many public comments describing uncertainty about which eligible use category should be used to assess different potential uses of funds. As a result, Treasury has re categurised some uses of funds in the final rule to provide greater clarity, consistent with the principle that uses of funds should be assessed based on their intended beneficiary. For example, COVID-19 mitigation and prevention serves the general public or specific populations within the public. However, in the interim final rule, assistance to small businesses, nonprofits, and impacted industries to implement COVID-19 mitigation and prevention strategies was categorised in the respective sections within Negative Economic Impacts. The final rule consolidates ell COVI0.19 mitigation and prevention within Public Health. Public Comment: Treasury has received multiple comments and questions about which eligible use permits the recipient to provide assistance to businesees and nonprofits to address the public health impacts of COVID-19. Treasury Response: In the final role, these services have been re tagorimd under COVIO-19 mitigation and prevention to reflect the fact that this assistance responds to public health impacts of the pandemic rather than the negative economic impacts to a small business, nonprofit, or impacted industry. When providing COVID-19 mitigation and prevention services, recipients can identify the impacted entity as small businesses, nonprofits, or businesses in impacted industries in general. As with all enumerated eligible uses. recipients may presume that all COVID) 19 mitigation and prevention programs and services are reasonably proportional responses to the harm identified unless a response is grossly disproportionate to the type or extent of harm experienced. Note that capital expenditures are not considered "programs and services" and are not presumed to be reasonably proportional responses to an identified harm except as provided in Section Capital Expenditures in General Provisions: Other. In other words, recipients can provide any COVI0.19 prevention or mitigation service to small businesses, nonprofits, and businesses in impacted Federal Register/Vol. 87, No. III/Thursday, January 27. 2022/Rules and Regulations 4355 industries without any further analysis of impacts of the pandemic on those entities and whether the service is responsive. in some mass, this means that an entity not otherwise eligible to receive assistance to respond to negative economic impacts of the pandamic, for example an entity that did not experience a negative economic impact, me y still be eligible to receive assistance under this category for COVID-19 mitigation and prevention services. Uses of funds can include loans, grants, or in -kind assistance to small businesses, nonprofits, or other entities to implement COVID-19 prevention or mitigation tactics, such as vaccination; testing; contact tracing programs; physical plant changes to enable greater use of outdoor spaces or ventilation improvements: enhanced cleaning efforts; and barriers or partitions. For example, this would include assistance to a restaurant to establish an outdoor Petio, given evidence showing much ower risk of ODVM-19 transmission outdoors.+s Uses of funds can also Include, aid to travel, tourism, hospitality, and other impacted industries to implement COVID-19 mitigafion and prevention measures to enable safe reopening, for example, vaccination cr testing programs, improvements to ventilation, physical barriers or partitions, sgnage m tecilihos social distancing, provision of masks M personal p elective equipment. or consultation with infection prevention professionals to develop safe reopening plans. Recipients providing assistance to smell businesses, nonprofits, or impacted industries that includes capital expenditures (i.e., expenditures on property, facilities, or equipment) should also review the section Capital Expenditures in General Provisions: Other, which desmibes eligibility standards for these expenditures. Recipients providing aselatences in the form of loans should review the section Treatment of mans Made with SLPRF P ands in General Provisions: Other. Recipients should also be aware of the difference between beneficiaries of assistance and subrecipients when working with small businesses, nonprofits, or impacted industries. As noted above, Treasury presumes that the general public, as well as small businesses, nonprofits, and impacted industries in general, has been impacted by the COVID-19 disease itself and is TM Sw Canes 1b, Mo.. Cumrd and Peeve loo. PMitiparern Ootdoorand Indoor Achvlliw, svro",wnxcdc gov/mrusie a/Sala new/dallp raj mP;w/nurdoowvuru_.nrM9aet_uve Novembere.xoarl, eligible for services that mitigate or prevent COV10.19 spread. As such, a smell business, nonprofit, or impacted industry receiving assistance to implement COVID-19 mitigation measures is a beneficiary of assistance (e.g., granting funds to a small business to develop an outdoor patio to reduce transmission). In contrast, if a recipient contracts with, or grants funds to, a small business, nonprofit, or impacted industry to carry out an eligible use for COVID-19 mitigation on behalf of the recipient, the entity is a subrecipient (ag., contracting with a small business to operate COVID1 19 vaccination sites). For further information on diaturT�gu'lehing between beneficiaries and ev, recipients. as well as the impacts of the distinction on reporting and other requirements, see section Distinguishing Submcipients versus ne Beficiaries. b. Medical Expenses Background: The interim final Mle also included es an enumerated eligible use medical expenses, Including medical care and services M address the near -term and potential longer -term impacts of the disease on individuals infected. Public Comment: Some commentere sought clarification on the types of medical expenses eligible and for whom, including whether funds could be used under this category for expanding health insurance coverage (e.g., subsidies for premiums, expanding a group health plan), improvements to healthcare facilities or establishment of new medical facilities, direct costs of medical wrote., end coals to a selt- funded health insurance plan (e.g., a county government health plan) for COVID-19 medical care. Treasury Response: In the fetal rule, Treasury is maintaining this enumerated eligible use category and clarifying that it covers costs related to medical cam provided directly to an individual due to COVID-19 infection (e.g., tmournim) or a potential infection (e.g.. testingi. This con include medical costs to uninsured individuals; deductibles, co - pays, or other coats not covered by insurance; costs for uncompensated core at a health provider; emergency medical response torts; and, for recipients with a self-Cunded health insurance plan, excess health insurance costs due to COVI0.19 medical care. These are medical expenses due to COV10.19 and distinguish this category of eligible uses from other related eligible uses, like COVID-19 mitigation and prevention and health insurance expenses to households. to provide greater clarity for recipients in determining which category of eligible uses they should review to maress a potential use of funds For discussion of eligibility for programs to expand health insurance coverage, see section Assistance to Households. c. Behavioral Health Care Background: Recognizing that the public health emergency, necessary mitigation measures like social distancing, and the economic downturn have axsearbated mental health and substance use challenges for many Americana, the interim final rule included an enumerated eligible use for mental health treatment, substance use treatment, and other behavioral health services, including a non -exhaustive list of specific services that would be eligible under this category, Public comment: Many commenters expressed support for the interim final rule's recognition of behavioral health impacs of the pandemic end eligthin uses under this category. Several commenters requested clarification con the types of eligible services under this category, specifically whether bath acute sort chronic care we included as well as services that often do not directly accept insurance payments, like peer so port groups. Some cemmentare bighliglued the importance of cultural emapatence in providing effective behavioral health services. Some reconsiders auggggested that funding should he available broadly and quickly for this purpose, recommending that funding available for behavioral health not be tied to the amount of revenue loss experienced by the recipient. Treasury Response: in the final rate, Treasury is maintaining this enumerated eligible use category and clarifying that it covers an expensive array of services for prevention, treatment, recovery, and harm reduction for mental health, substance use, and other behavioral health challenges caused or exacerbated by the public health emergency. The specific services listed in the interim final rule also remain eliaeible.rr Treasury is further clarifying that when providing behaviors( health services, recipients con identify the impacted population as the general public end, as with all imemerated eligible uses, presume that all programs and services ere reasonably proportional responses to the harm identified unless a response is grossly disproportionate to the type or extent of harm experienced. In contrast, capital expenditures are not ^Hasitov` r xaies. crisis imv,s.raon, wrdose xv—dar, infectious die -se prevention. one. outre I.to coorot. ecmuw Phyv®I or Mhavionl bmini primvy care utd Pte,.,-medicine. 4356 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations considered "promggrems and services" and are not prosumed to be reasonably proportional responses to an identified harm except as provided in section Capital Expenditures in General Provisions : Other. In other words, recipients ran provide behavioral health services to members of the general public without any further analysis of impacts of the pandemic on those individuals and whether the service is responsive. Recipients may also use this eligible use category to respond to increased rates of behavioral health challenges at a population level or, at an individual level, crew behavioral health challenges or exacerbation of pre-existing challenges, including new barriers to accessipg treatment. Services that respond to these impacts of the public health emergency may include services across the continuum of rare, including both acute and chronic we, such as prevention, outpatient treatment, inpatient treatment, misis care, diversion programs (e.g., from emergency departments or criminal justice system not yet engaged in treatment, harm induction, and supports for long-term recovery (e.g., poor support or recovery coaching, housing, transportation, employment services). Recipients may also provide services for special populations, for example, enhanced services in schools to address increased rates of behavioral health challenges for youths, mental health Ban responder or law willomement- mental health co -responder programs to divert individuals experiencing mental illness from the criminal justice system, or services for pregnant women with substance use disorders or infants horn with neonatal abstinence syndrome. Finally, recipients may use funds for programs or services to support equitable access to services and reduce racial, ethnic, or socioeconomic disparities in access to high -quality treatment. Eligible was of funds may include services typically billable to insurance re or services not typically billable to insurance, such as peer support groups. costs for residence in supportive housing or recovery housing, and the 988 National Suicide Prevention Lifeline or other hotline services. Recipients may also use funds In conjunction with other federal grace or programs (see section Program Administration Provisions), though -tiwevu, StPaP funds mey not be used m imburx a eervor not we Abe billed In a.m..— eligible services under SLFRF are act limited to those eligible under existing federal programs. Given the public health emergency's exacerbation of the ongoing opined and overdose crI.ts, Treasury highlights several ways that funds may be used to respond to opioid use disorder and prevent overdose mortality.79 Specifically, eligible uses of funds include programs to expand access to evidence -based treatment like medications to treat opioid use disorder (e.g., direct costs or incentives for emergency departments, prisons, jails, and outpatient providers to offer medications and low -barrier treatment), .rezone distribution, syringe service programs, outreach to individuals in active use, post -overdose follow up programs, programs for diversion from the criminal justice system, and contingency management interventions. Finally, for clarity. Treasury has addressed the eligibility standard for capital expenditures, or investments in property, facilities, or equipment, in one section of this Supplementary Information; see section Capital related to behavioral health that Treasury recier mes as eligible include equipment (e.g., inpatient or outpatient mental health or substance use treatment facilities, crisis centers, diversion centers), as long as they adhere to the standards detailed in the Capital Expenditures section. d. Preventing and Responding to Violence Basakk��oound: The interim final rule highlighted that some types of violence had increased during the pandemic and that the ability of victims to access services had decreased, noting as as example the challenges that individuals affected by domestic violence face in accessing services. Accordingly, the interim final role enumerated as an eligible use, in disproportionately impacted communities, evidence -based community violence intervention programs. Following the mleasn of the Interim final rule, 9tswery received several recipient questions regard mg whether and how fund. may be used to respond to an increase in crime, -In It.. web der Oepeame a of Hesllh and Hem- S.icw. O—w. Prevnolie. snelee, hops:owww.nnr.gov/utB/dn[e-prev.nrbN. and lM Om®of Nw.vol uses cent-1 Policy. AdmfNeaenon's slnmo®p t nn ms Policy PH Anne for yea, One (April i, 10211, nicer:// caw.whilnnouse.gov/wpmm�f/uplwds/roml/as/ 6idenHorrts-Sbte zf.of,D n .Paliq'Priontim ApN-r.pdf violence, or gun violence in some communities during the pandemic. Treasury released further guidance identifying how enumerated eligible uses and eligible use categories under the interim final rule could support violence reduction efforts, including robbing public sector staff, behavioral health services, and services to address negative economic impacts of the pendants that may aid victims of crime. The guidance also identified an expanded not of enumerated eligible uses to address increased gun violence. Public Comment Several wmmenters expreaed suppport for this use of funds. 7}eoemy Aesponse: In the final rule, Treasury is maintaining enumerated eligible uses in this as and clarifying how tp apply eligibility standards. Throughout the final rule, enumerated eligible uses should respond to an identified impact of the COV10.19 public health emergency in a reasonably proportional manner to the extent and type of harm experienced. Many of the enumerated eligible uses —like behavioral health services, services to improve employment opportunities, and disparities in disproportionately impacted communities —that respond to the public health and negative economic impacts of the pandemic may also have benefits for reducing crime er aiding victims of crime. For example, the pandemic exacerbated the Impact of domestic violence, sexual assault, and human traf8clong; enumerated eligible uses like emergency housing assistance, cash assistance, or assistance with food, childcare, and other needs could be used to support survivors of domestic violence, sexual assault, or human trafficking who experienced public health or economic impacts due to the pandemic. Public Comment: Several commenters expressed support for community violence intervention programs or argued that traditional public safety approaches had negatively impacted the social determinants of health in their communities. Several commenters recommended inclusion of approaches like mental health or substance use diversion programs. Treasury Response: Treasury recognizes the importance of comprehensive approaches to challenges like violence. The final rule includes an enumerated eligible use for community violence intervention programs in all communities, not just the disproportionately impacted communities eligible under the interim Rued rule. Given the increased rate of violence during the pandemic, Treasury has determined that this enumerated. Federal Register/Vol. 87, No. la/Thursday, January 27, 2022/Rules and Regulations 4357 eli ible use is res lIt I g ponsve to t e mpacts of the pandemic in all communities, The final rule incorporates guidance issued her the interim final rule on Specifically types of services eligible, including: a Evidence -based practices like focused deterrence, street outreach, violence interrupters, and hospital - based violence intervention models, complete wits wraparound services such as behavioral therapy, trauma recovery, job training, education, housing end relocation services, and financial assistance; ..it • Calamity -building efforts at programs nim funding more intervention workers, increasing their pay, providing training and professional development for intervention workers, and hiring and training workers to administer the programs. Public Comment: Some commenters sought further clarification on whether same of the enumerated eligible uses are considered responsive to all crime, violent crime, or gun violence. Treasury Response: Enumerated eligible uses that respond to an increase in gun violence may be pursued in communities experiencing An increase in gun violence associated with the pandemic levels—u where the funds are reduce guns, as well as collaborative federal, state, and local eff" to identify and address gun trafficking channels, and (3; investing in technology and equipment to allow law enforcement to mare efficiently and effectively respond to the rise in gun violence resulting tram the pandemic, for example technology to metal in the identification edgers whose serial numbers have been damaged. 3. Negative Economic Impacts a. Assistance to Households Background While the 11S. economy is now on the path to a strong recovery, the public health emergency, including the necessary measures taken to protect public health. resulted in sr'gnificant economic and Bnuncfal It for many Americans. As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined Precipitously, over 22 million jobs were lost in March and April 2020?u One year later, in April 2021, the economy still remained over a million jobs below its per -pandemic pesk,el and the unemployment ate hovered around E percent to In the months since Treasury issued the interim final rule in May 2021, the economy has made large strides in its recovery. The economy gained over 4 million jabs in the seven months from May to November 2021; e3 the unemployment rate fell mare than 1.5 percentage points to 4.2 percent, which is the lowest rate More February 2020; as surpassed the pre -pandemic peak in the second quarter of 2021 as While the economy has made immense progress in its recovery since May 2021, the economy has also fared setbacks that illustrate the cautioned risks to the recovery. As the Delta variant spread amass the country this summer and fall, the United States faced another severe wave of cases, deaths, and strain on the healthcare system, which contributed to a slowdown in the pace ofrecovery in the third quarters« Supply chain disruptions have also demonstrated the difficulties of restarting A el bat monomy.sr Moreover, a though many Ameri ens have returned to work as of November 2021. the economy remains 3.9 million jobs below its pre -pandemic. peaksa and 2.4 million workers have dropped out of the labor market altogether relative to February 2020.8o Thus, despite much '1'olel Nontvm IPAYEMa15Mau rced fives F Employs, Fmloml SO —tank of at Wuu: hu,,11 UxdaJouMbel 2o2n),e✓PAYSMSIIM visited d. v U.S. Bumeu of labor Summit, Ummploymml Five IIINRATEL retrieved ham FRED, Fedmel Rmorve amk aSt luuic M1ryps://frtvl. Mouitstuoganua/UNRATE (Iul visited meoember 1, zazr). °°..S.11 urteo of talon SLtlYGg at uniule aa. °' U.S. Butwu of W Wr someo, supra none 02. to U.S. Ecuou of Ec aauc Anely^is, Rest Gmv Uonsau, fladua IGDKII.leel-ea fiam FR®. Federal Rrtmwe sulk of St lnuu, h9m11fred. -11-14od ory/serieJfnFCl lint vluud oeambm r, mail. ^Its. gmtenool of No ltusury, economy Statement by GIM1 v4u ..)I—, Atting Aieivanl Savdary Soremna,,,y every, foo IW Tmseury aormwmg advisory C ermine, Wo.ember L soul, ..viable Of AttpaJ/M1ame.emssurygw/new/ meawmaralmes3. R7 Vuke HayvM, IMF GLB GloWI GmWh Foremei Amid Supply.CM1mn estrous , Pandemic Premuma, well Seeef Journal IGmober H,2oz11. ave11eb1a at hum 1m- j.mm/ arawlWimjcuhgleal-gmuth fie mvamid- supply ]IeJ10Aslem.ieve. zvptiam xv raI'inllotion.siskn "us Besse aIalnr $same, sopfl ewe eo. •^us.RussoofLWro—edfromFREfluto . Parce Imel I('.LF16UV1, meiaved from FA®. progress, there is a continued used to respond to the pandemic's eeonomic effects to ensure a full, broad -based, and equitable recovery. Indeed, the pandemic's economic impacts continue to affect some demographic groups mom than others. Rates of unemployment remain particularly severe among workers of color and workers with lower levels of educational attainment; for mmrmple, the overall unemployment rate in the United States was 4.2 percent in November 2021, but certain groups saw much higher moss: E.7 percent for Black workers, 5.2 percent for Hispanic or lather workers, and 5.7 percent for workers without a high school diploma.- Job losses have also been particularly steep among low -wage workers. with these workers remaining furthest from recovery as of the and of 2020.91 A severe recession, end its concenterted impact among low-income workers, has amplified food and housing insecurity, with an estimated nearly 20 million adults living in households where them Is sometimes or often not enough food to eat and an estimated 12 million adults living in households that were not current on rent o, While economic effects have been seen Across many communities, them are additional disparities by race and income. For example, approximately 4356 Federal Register/Vol. 87, No. I8/Thursday, January 27, 2022/Rules and Regulations half of low-income, Black, and Hispanic parents reported difficulty covering costs relatad to food, housing, utility, or medical care.0s Over the enema of the pandemic, inequities also manifested along gender lines, as schools closed to in -parson activities, leaving many working families without childcare during the day.ea Women of color have been hit especially herd: The lahor force participation rate for Black women has fallen by 3.6 percentage points as during the pandemic as compared to 1.3 percentage paints far Black menaa and 1.7 percentage points for White women.-, As the economy recovers, the effects of the pandemic -related recession may continue to impact households, including a risk of longer -term effects on earnings and economic potential. For example, unemployed workers, especially those who have experienced longer periods of unemployment. earn lower wages over the long term once rehired.-8 In addition to the labor marks[ consequences for unemployed workers, recessions can also reuse longer -term economic challenges Penn,anon Ehhe 0 Yn.& Cum. Black na Aftom Nnwrlem Women Ithilui ayinitreMeved farm .. Fedenl Rexene Baal, of St. Louis; hUM.11 Jred nbulalM.^misnna/rNsr 13M032 anal exiled meemne,7.2o.n. through, among other factors, damaged consumer credit scores^° and reduced familial and childhood wellbeing.+"" These potential long-term economic consequences underscore the continued need for robust policy support. Low- and moderate -income households, those with income levels at or below 300 percent of the federal poverty level (FPL), face particular hardships and challenges. These households report much higher rates of food insecurity and housing hardships than households with higher incomes. For example, households with incomes at or below 300 percent FIT, are several Omes mare likely to have reported struggling with food insecurity compared to households with income above 300 percent FPL.+-' Similarly, low- end moderate -income households reported being housing insecure 102 at rates more than twice as high as higher. income households, and low- and moderate -income households reported housing quality hardship 103 at rates statistically significantly greater than the rate for higher -income households.+00 The economic crisis caused by the pandemic worsened economic outcomes for workers in many low -and moderate -income households. Industries that employed low -wage workers experienced a disproportionate level of job loss. For example, from February 2020 to February 2021, the hospitality and leisure industry lost -Chi Chi W..SoMn, lho Urdil Conundrum: Mom, fuwmoen' credit Records Imlated by the Fosedmure ends end C. R—A..NNiorW furwmer law fetter arts. royal. hops:/1 oaaal-r.Masau e.Itd!/croditscportalrepoN- cruss1-6"okell,S- . "°Irwin Ovllnkel, Bens Gon. go CLrianphp Wimer, ed¢., Cl or(A g. W Reweailab Resell sage Foundetim Inns. mta].awilaWe of Mrys://wvw.ruecellmge.a,g/Publicmiona/chiidnn- e xyls) Penwelland Stephenzusawn sn. Food lnhose... Hmdngssanu. p.and Medical Gre obn . [ion. U/— unboao,/ne 2olah aii,hleeldson g.luw. Mrs.ag/urea/deJmch/ h...ftlealublonhh" eeraa No resaJaollo.- rlry_ houaangbadship Inedimlcureutilizatton_ ('ussHo.pd! yetHuuO..,ofc 1 sno ae-&.od as non vaing the hit amoum of rem dl mangnge arcdfm ulllity bill. Igw nil, or ehmdchyl mmetime in lie prevwm I l nand,¢. „a Hcunug,non.. on. on la.' den. relawd 1. rmpoueetoonemmmegneetian¢ d hlh to pmblolne whh a roolde ooking oulfor el dwelling: Pane aad/w lnnas; looking .1st =ailing, Wad-uhralhahue a.broken or cam ahoy; expend doMcel wimp: broke. Pltling. g Your: ba water,ven (lu holm ga well¢. =ailing, afloat o appl fauna Irehigema or atavvl: and no them (of my4ivdl. sold. so a Could and Tasksrda. I. Law-wago.law- hounwakes heautobit orlin I. ca 2020 9 morsioa: The Slay, of Waking Ao' buis0a0 omPbYtnmt Most, P'onamlu Polity Imyitute IMey entire industry was impacted, 72 percent of the job lasses occurrad in the lowest wage service occupations compared to only a 6 percent rate of job loss in the highest wage management and finance jobs.+re Similar trends exist in other heavily impacted industries. In public education, the lowest wage occupations, ..vice and transportation jobs, new a job loss late of 20 and 26 percent, respectively.+ar During that same time period, the highest wage occupations in public education, management, acNally saw jobs increase by 7 ppeercent.+00 While many households suffered negative economic outcomes as a result of the COVID-10 pandemic and economic recession, households with low incomes were impacted in disproportionate and exceptional ways. From January 2020 to March 2021, low - wage workers experienced job loss at a rate five times higher than middle -wage workers, and high -wage workers actually experienced an increase in jab opporlmities'0- Because workers in low-income households were more likely to lose their job or experience reductions in pay, those same households were also more likely to experience aconorate hardships like trouble paying utility bills, affording mot or mortgage payments, purchasing food, and paying for medical expenses 110 The disproportionate aevativa imnaM.a the pandemic has had financial insecurity. For example, low- income families have reported higher levels of social Isolation, stross, and other negative mental health outcomes during the pandemic. While over half of all U.S. adults report that their mental health was negadvely affected by the pandemic, adults with low incomes reported major negative mental health impacts at a rate nearly twice that of adults with high incomes.+++ 2021), available at into: Ilwww.aPa.ap/Publentaovl roeu2020entploymena-report/. fd. erld. a ld. Im R. Chary. J. FlYedtnm, N. Hendren. M. Mental Hea Foundalon and f metal hardship. &P. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4359 Summery of Interim Final Rule end Final Rule Structure Summary: The interim final role provided a non -exhaustive list of enumerated eligible uses to respond to the negative economic impacts of the pandemic through assistance to households, as well as a standard far assessing whether uses of funds beyond those enumerated are eligible. The interim final rule described enumerated eligible uses far assistance to households in several categories: (1) Assistance to unemployed workers, (2) state Unemployment Insurance Trust Funds, (3) assistance to households, and (4) expenses to improve the efficacy of economic relief. Note that the interim final rule posed several questions to the public on enumerated eligible uses for assistance to households; comments me these questions are addam eeit in the relevant subject mattm section below. In addition, m racoge gentian that pre- existing health, economic, and social disparities contributed to disproportionate pandemic impacts in certain communities, the interim final rule also provided a broader list of enumerated eligible uses to respond to the pandemic in disproportionately impacted communities, specifically: (1) Building stronger communities through investments in housing nd eighborboods,(2) addressing educational disparities, and (3) promoting healthy childhood environments. In the interim final rule, under the Public Health section, recipients no. also provide services to address health disparities and increase acce"tube thand social services; these eligible uses have been re- organized into the Assistance to Households section to consolidate responses in disproportionately impacted communities and enhance clarity. This section addresses enumerated eligible uses in the final rule to respond which households and communities are presumed eligible for services; and how to identify eligible households and communities beyond those presumed eligible, see section General Previsions: Structure and Standards. Reorgimar-0ions sad Crass. References: The final rule reorganizes all enumerated eligible uses for impacted and disproportionately imparted households into the section Assistance to Households, with the exception that expenses to improve the efficacy of economic relief has base re - categorized into a different section of the final rule far increased clarity; for discussion of that use category, we eection General Provisions: Other. Note that in conducting this reorganization, and based on further analysis and in response to comments. Treasury has determined that several enumerated uses included in the interim final role for disproportionately impacted communities are directly responsive to negative economic impacts experienced by impacted households. In the final rule, these uses have been moved from "disproportionately impacted" to "Impacted" households accordingly, making these services available to both disproportionately impacted and impacted households. These uses include assistance applying for public benefits or services; programs or services that address or mitigate the impacts of the COVIU-19 public health emergency on childhood health or welfare, including childcare, early learning services, programs to provide home visits, and services for families involved in the child welfare syetem d foster youth; programs to address the impacts of lost fnstrocdone] time for students; 112 and programs or services that address housing insecurity, lack of affordable housing, or homelessness. The following activities remain enumerated all this f Enumerated Eligible Uses for impacted Households The interim final role included several enumerated eligible uses to provide assistance to households or populations facing negative economic impacts due to COVID> 19. Enumerated eligible uses included: Food assistance; rent, mortgage, or utility assistance; counseling and legal aid to prevent eviction or homelessness; emergency assistance for burials, home repairs, weetherization, or other needs; internal access or digital literacy assistance; cash assistance; or job training to address negative economic or public health impacts experienced due to a worker's occupation or level of training. It also posed a question as to what other types of services or costs Treasury should consider as eligible uses to respond to the negative economic impacts of COVIO-19. This section addressee each of these numerated eligible uses in into, with the exception of job training, which has been re -categorized for increased clarity to the eligible use for "assistance to unemployed and underemployed workers." In general, commenters supported inclusion ofthese enumerated eligible uses to address key economic needs among households due to the pandemic, end Treasury I. maintaining these eligible uses in (be final rule, in line with commenters' recommendations. 1. Food assistance. The interim final rule included an enumerated eligible use for food assistance. Soma commenters expressed support for this eligible use and emphasized the importance of aid to address food insecurity. Some commenters raised gcreations as to whether food assistance funds could be used to augment services provided through organizations like food banks, churches, and other food delivery services, or generally be sub - tog negativeeconomicimpactsci uses or disproportionately impacted the awarded to these organizations. households. Asa reminder, recipients households: Remediation of lead paint Treasury Dose:Treasu s i may presume that a household or or other lead harards; housing vouchers m intTreatmn this enumerated eligible population that experienced unemployment, experienced increased and assistance relocating to neighborhoods with higher levels of use witboutt change. Recipients may. .es y `rasa the case under the interim final food or housinginsecurity, or is law or Y• moderate income experienced negative economic opportunity; and programs or services that address educational rule, administer programs through a wide range of entities, including g g economic impacts resultingfrom the endemic, and recipients a F p disparities, including assistance [o high- nonprofit and for -profit entities, to carry out eligible uses on behalf of the provide Y P services [o them that respond these poverty school districts to advance equitable funding across districts and reef lent ovemmeat on n tents impacts, including these enumerated a ehgBit urea. geographies and evidence -based Dist rshin Subracla vlarsus g p Beneficiaries). Further, Treasury is For guidance on how to determine services to address the academic, social, emotional, and mental health needs of clarifying that capital expenditures whether a particular use, beyond those students. related to food banks end other facilities enumerated, is eligible; further detail an primarily dedicated to addressing food wwlicad.y/mroeoid19 ridaim)-h ^r For whieii xmipiemn may presume met any mudont wlm&d nm bev.-vewca in-pasou insecurity are eligible; recipients see king to use funds for capital 111-/h1e- lmplicunomaJmvidae)w-mentaFhmULanA- innrucnon rmaeigniLcent petlud alm+w vu expanditurec should afar to the section aublarrceure/. impacted by the paudwnic, Capital Expenditures in General 4360 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations Provisions: Other far additional eligibility standards that apply to uses of funds for capital expenditures. 2. �mergencyJumemg assistance. The interim final mle included so enumerated eligible use for rent, mortgage, or utility assistance end counseling and legal aid to prevent aviation or homelessness. Public Comment: Several commenters supported the inclusion of eviction prevention activities as an eligible use given the high number of households behind on rent and potentially at risk of eviction. Following release of the Interim final rule. Treasury had also received requests for elaboration on tire types of eligible services in this category. Some commenters also recommended including assistance to households for delinquent property taxes. for example to prevent tax foreclosures on homes, as an enumerated eligible use. Treasury Response: In response to requests for elaboration on the types of eligible services for eviction prevention, Treasury has provided further guidance that these services include "housing stability services that enable eligible households to maintain or obtain housing, such as housing counseling, fair housing counseling, case management related to housing stability, outreach to households at risk of eviction or promotion of housing support programs, housing related services for survivors of domestic abuse or human trafficking, and specialized services far individuals with disabilities an seniors that support thew ability to scress or maintain housing," as well as "legal aid such as legal services or attorney's fees related to eviction proceedings and maintaining housing stability, court -based eviction prevention or eviction diversion programs, and other legal services that help households maintain or obtain housing." "- Treasury also emphasized that recipients may work with court systems, nonprofits, and a wide range of other organizations to implement strategies to support housing stability and prevent evictions. In the final rule, Treasury is maintaining these enumerated eligible uses, including those described in the interim final mle and later guidance, in line with commenters' recommendations. To enhance clarity, Treasury is also elaborating on some types of services included under this eligible use category: this remains a —Se FAQ 711, eoeonavirue suits end Lau] F4ce] Rasovary Funds, Frequently As"d Questions, as of July le, dazr: naps:// Mme.aeoaury.rev/ly#emtPNs/1]a/SUA FAQpdj. nonxxhamfive list of eligible services. For example, eligible services under this use category include: Rent, rental arrears, utility costs or arrears (e.g., electricity, gas. water and sewer, trash removal, and energy costs, such as fuel oil), reasonable accrued late fees (if not included in rental or utility arrears), mortgage payment assistance, financial assistance to al low a homeowner to reinstate a mortgage or to pay other housing -related costs related to a period of forbearance, delinquency, or default, mortgage principal reduction, facilitating mortgage interest fate reductions, counseling to prevent foreclosure or displacement, relocation expenses following eviction or foreclosure (e.g., rental security deposits, application or screening fees). Treasury is clarifying that assistance to households for delinquent property taxes, for example to prevent ter, foreclosures on homes, was permissible under the interim final rule and continues to he ao under the final rule. In addition, Treasury is also clarifying that recipients may administer utility assistance or address arrears on behalf of households through direct or bulk pm ayents to utility providere to facilitate utility assistance to multiple consumers at once, so tang as the me payments offset custor balances end use caleeory also transitional shelters (e.g., temporary residences for people experiencing homelessness) are eligible capital expenditures. Recipients seeking to use funds for capital expenditures should refer to the section Capital Expere nditus in General provisions: Other for additional eligibility standards that appI y to aces of funds for capital expenditures. Note that this enumerated eligible use describes "emergency housing assistance," or assistance for responses to the immediate or near -term negative economic impacts of the pandemic. The final role also clarifies and expands the ability of recipients to use SLFRF fonds to address the general lack of affordable housing and housing challenges underscored by the pandemic. For discussion of affordable housing eligible uses, including services that primarily increase access to affordable, high. quality housing and support stable housing and homeownership over the long term, see the eligible use for "pmrmati long-term housing security: Affordable houaing and homelessness." 3. Emergency assistance for pressing needs: ➢rrnals, home repairs, weathwhation, or other needs. The interim fine) rule included an enumerated eligible use for emergency wsistaoae for burials, he I., weatherizalic n, and other needs; these types of programs may provide emergency assistance for pressing and unavoidable household needs. Treasury did not receive comments on this eligible use and is maintaining it in the final rule. Background on Home Hepafrs and Weathenzatien: The economic downturn has meant fewer households had the resources needed to make necessary home repairs and improvements. In May 2021, 28 percent of landlords reported deferring maintenance and 27 percent oftenants reported maintenance requests going unanswered.114 While small and cosmetic repairs can often wait, deferring major repairs, such as plumbing needs, can result in unsafe and unhealthy living environments and, eventually, the need for more expensive repairs and fixes. In addition to repairs, many homes are in need of weatherization. Weatherization assistance helps low - and moderate -Income Americans save energy, reduce their utility bills, and keeps them and their homes safe. One in three households is energy inseeure,"s meaning they do not have the ability to meet their energy needs."° Weatherization efforts are particularly important for low- and moderate - income households. Households of color, renters, end households with low or moderate incomes are all more likely to report energy insecurity.lrr These 2.21) Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4361 disparities are partially a result of technology for daily activities and the education, and argued that affordability economic hardship but are also caused movement by many businesses and presents a major banter to broadband by inequitable access He housing with schools to operating remotely during the adoption by households; in other words, proper insulation, up to date heating, pandemic, broadband has became even many households live in areas that have cooling, and ventilation systems, and functioning and up to data lighting and more critical for people across the country W carry out their daily lives, broadband infmatructure and service available but are unable to purchase applionew.r m While programs that He.., even in areas where service for their household due to the address the effects of energy hardships, broadband infrmstruclure exists, high area. These commenters argued like the Low-income Home Energy broadband access may he out of reach that broadband must he affordable to be Assistance Program(LIHEAP), are for million. of Americans because it is accessible. critical. weetherization attempts to unaffordable, as the Untied States has Commenters proposed several address root causes by addressing issues some of the highest broadband prices in potential responses to affordability that lead to energy insecurities. the Organisation for Economic Co- concerns, Some commenter. 4. Internet access or digital literacy operation and Development (OECD)18O recommended that building "gap assistance. The interim final role According to a 2021 Pew Research networks;' or breakfasted networks built included an enumerated eligible use for assistance to households for internet Center study, 20 percent of non- broadband users say that the monthly at low owl to provide affordable service access or digital literacy assistance. This cost of home broadband is the primary in areas where it is lacking, be eligible as assistance to households to respond enumerated eligible use, which reason they do not have broadband at to the negative economic impacts of the responds to the negative economic home, snit 40 percent say that cost is pandemic, even if they do not meet the impacts of the pandemic on a household by providing essistams that helps them one reason for their lack of home broadhand.e zt Further, according to technical standards for eligibility under secure internet access or increase their another survey, 22 percent of parents the eligible use category of broadband infrastructure investment, especially the ability to use computers and the with homebound schoolchildren during required speed standards for new internet, is separate from the eligible use category for investments in broadband the COVID-19 pandemic say that it is very or somewhat likely that their service. Thane commenters argued that ure infrastruct, under Sections children will have to rely on public wi- the networks have shown promise as a timely means to expand access to 602(c)(1)(D) and 603(c)(1)(D), which is used to build new broadband networks it to finish their schoolwork because there is no reliable internet connection affordable broadband internet during through infrastructure construction or at home; this percentage nearly doubles the pandemic, even if they may not provide service speeds needed for more modernization. For discussion of broadband infrastructure investment in for lower -income parents, 40 percent of whom noted that their children will intensive internet use. Another the final .Is, ass se tion Broadband have to rely on public wi-B.+%s The commenter requested eligible uses include funding cellular Powers to Infrastructure in Infrastructure. same may showed that 36 percent of decrease costs. One commenter Background. The COVID-19 public health emergency has underscored the lower.incoare parents with homebound children say their child will not be able recommended that affordability should importance of universally available, high-speed, reliable, and affordable to complete their schoolwork because they do not have access to a computer be addressed through other programs Intl not SLFRF given that affordability end availability may requin, nuanced broadband coverage as millions of rely on the internet to at home.+as Public Comment Many commenters solutions that would be complex to Participate in , among other critical activities, school, healthcare, and work. highlighted the importance of broadband access during the pandemic, combine. bResponse: The interpretive Recognizing the need for such including for remote work and framework end enumerated eligible uses 8 allow recipients flexibility to address to make connectivity, sary investments funds ran be used in the amx for xealn- identified demic im cts, includin Pa g bradbaninf.. rlsi broadband infrastructure that increase access over the ton term, as well as the g RatedAHeiresin t.nekuAD mnLred An7W020), zore,NnAahSbmv Wwmnnmr zozol, nu //wnw.naa g .gvv/bla / JOJe/momMlJumencan-bnarahola..ased throughsoutizissues in into hei account theunity.ive issues to their particularized accessary supports m purchase internet ew tuff. community. Given extensive rommentar feedback on the importance of accessorgainplete literary skills completeof doily needed tong Tram ameassionemamu.mm- ah"ke snow: Netlon TelecvmmuW®Ibmandlnrvemarivn aemmia.au.,kedsNearly ehole affordability centrality broadband th livin during the endemic. 8 B P Shoo;(Iteopl.yoko t true,i to onto shvw Iseytmn6er a, hrcp access, and the a yof a The Nrmatio nmunion eptieskedft020)Iyiazore.rvTu zozo7 1/www.nn0aa./ in work,ducatidband to work, adoration, Administration ON Administration (of lighted w viv k—.1ny-M.doh.&oe s mpioyrn- enes—ead 'weeny. healthcare, and other activities duns afthea e, it of 8 highlighted the growing ..easilyofgewmmy.e higandhlighted the Bela' Tel...... Tdemiwes,joa the pandemic,iateeligible programs broadband in doll lives throughits YE.pmar Adho Berod mmmouen Admlmareuho, gguel N.6on note Dane nv zozol, hmpe:awwwmiagav/ am an appropriate eligible use to respond to the negative economic analystsof NTIAinthat internal Use Survey dale, noting that Americans turn to m" Urvidli mmkwmhkPxplmer. ,m Ee slag Pan, Now po us impacts of the pandemic and Treasury broadband internet service for every ve-dseemn rmuCampue To The Re'. The Werley, is maintaining the enumerated eligible fecal of daily life including work,study overrwt "odableabhapr✓/www.brwd___hnd/blog/ use for assistance to households far and healthcare.tsa With increased use of neenw, nwmcompmed-wadawide. +^Pew mowecn center. Mobile Tochuelep, ane mow Brmdhend iou internet access and digital literacy programs in the final rate. neA.Uresile, a L. seek, idfing the high more, bmdon H amen"', hgeat Cewe: How energy fiwu J, mail, kitty:// yewroaearchag/Inmmet/UU110acemobile. rwhnvleff and-0sme-broadband-sanY, Building or constructing new g ng broadband networks is an infIDsirueNra ofici.ii, cm improve law ierk-owaed le Paw xmmch Cwtm. a.%of nammrm ary investment and is governed by unkookoved mmmeeitim, American Cvoncil for m avow Efidwt awamry ome),WWI the iutemeilfee was &""linen, the(Xkl mmcniek{Apr113o, toon. he' /nnne separate clause in the statute. Treasury .erg ei44de,,wiceln/yvba,mene/ ew nw con,erg/inlemef/!Wa/09/JO/JJw}vmvriwru- has addressed comments on" a "gap rchrepwb/Waoa.Pal. wjohe internet haebvmasenaaFdming-the. network. that require infrwora e ,- See. eir.. Notion U—i-ounl"tiona end rued-raautbraak/. build -out to the section Broadband Nbrmtlian AdminblRlbn, More thin l W(vf +v/d. Infrastructure to lemstracturs. 4362 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations Public Comment: Some commenters also use the term "gap networks" to refer to equipment installed as part of wi-fi systems, such as routers, repeaters, and access points; this equipment provides consumer access to an existing broadband network and does not require new network build -out or construction. These commenters recommended that Treasury permit, as assistance to households for internet access, investments in public wi-fi networks, free wA, in public housing commurdlies, and other equipment that offers internet access to end were by utilizing existing broadband networks. Other commenters recommended that eligible uses in this category include providing devices and equipment necessary to access the internet, like computers and routers, directly to low- inmme households. Treasury Response: Treasury has determined that these services, which expand internet access without constructing new networks, are an appropriate enumeoled eligible use as assistance to households to respond to a negative economic impact, and they are permitted under the final rule. Treasury is clarifying that eligible uses under this category ran also include a wide range of programs and services to expand internet access and digital literary, such as subsidies far the cost of internet service, adrer programs that Support adoption of internet service where available. digital literacy programs, or programs that provide devices and equipment to access the internet (e.g, proteins that provide equipment like tablets, computers, or to use funds for or refer to the section for some governments to support the well-being of households and individuals in then communities. Some wmmentere, requested that Treasury set a specific dollar amount for permissible cash transfers, end Treasury has also received recipient questions on whether specific types of roosters, such as those to a suhslamml shine of the population in the jurisdiction, would be a permissible use of funds. Treasury Response: Treasury is maintaining this enumerated eligible use in the final Is, in line with commenters' recommendations. Because the final rule is intended to provide flexibility to recipients to respond to the particularized pandemic imports in their communities, which may vary in type and intensity, setting a specific dollar threshold for eligible cash transfers would fail to recognize the particularized needs of communities and limit recipients' flexibility to tailor their response to those needs. To provide greater clarity, Treasury is elaborating on the analysis drat recipients may undertake to assess the eligibility of specific cash assistance programs or transfers. Cash transfers, like all eligible uses in this category, must respond to the negative economic impacts of the pandemic on a household negative economic impact due to the pandemic. Recipients may also identify other households or classes of households that experienced a negative economic impam of the pandemic and provide cash assistance that is reasonably to uses of funds for capital Pic es (e.g., equipment, property, exr es). the 5. Cash assistance. The interim final role Included as An enumerated eligible use cash assistance and provided that cash transfers must be "reasonably proportional" to the negative economic impact they address and may not be "grossly in excess of the amount needed to address" the impact. In assessing whether a transfer is reasonably proportionate recipients may "consider and lake guidance from the per person amounts previously provided by the Federal Government to response to the COVIQI9 crisis," and trawlers "grossly in excess of such amounts" are not eligible. Public Comment: Several commenters expressed support for this eligible use, noting that this is a common policy too] to households e identifying and Far these households. Finally, Treasury has reiterated in the final rule that responses to negative economic impacts should be reasonably proportional to the impact that they are intended to address. Uses that bear no rotation or are grossly disproportionate to the type or extent of harm experienced would not be eligible uses. Reasonably proportional Pales to the scale of the response compared to the scale of the hero. It also infers to the targeting of the response to beneficiaries compared to the amount of harm they experienced; for example, it may not be reasonably proportional for a cash assistance program to provide assistance in a very small amount to a group that experienced severe harm and in a much larger amount to a group that experienced relatively little harm. B. Survivors benafts. The interim final rule included an enumerated eligible use for survivor's benefits to surviving family members of individuals who have died from COVIO-19, including cash assistance to widows, widowers, or dependents. Public Comment: Treasury did not receive any comments on the inclusion of survivor's benefits as an enumerated use for impacted households in the interim final role. Tmaeury Response: This use of funds remains eligible under the final rule. Consistent with the general oarganization noted above, the final rule organizes survivor's benefits under assistance to households to alertfy that households era the intended beneficiaries of survivor's benefits. f. Assistance accessing or applying for public benefits or services. Recognizing that eligible households often face barriers to accessing public benefits or services that improve health and aoonomic outcomes, the interim final role included as en enumerated to assist community members clarified in subsequent guidance after the interim final rule that this eligible use category would include outreach efforts to increase uptake of the Child Tax Credit. Background: The under -enrollment of eligible households in social assistance programs is a well -recognized and persistent challenge. There are many reasons why a household may not be receiving a particular benefit even though they are eligible. For many federal programs, enrollment processes vary from stale -to -slate. Sometimes, households are simply unaware that they are eligible for a particular banefit.rs+Far example. despite having one of the highest miss of participation of any benefits program, nearly 20 percent of eligible individuals do not participate in the Supplementary Nutritional Assistance Program —Amy FmMsteln a Aallhms I Nome,id gle. Take -UP and Tarxmine: expedmmrW evideme rmm SNAP, Me Qw, mly lover a Fcammni®, vat 13031•Pmse rsns-rasa usual. hePrl/ www.nLer.argroaPmeMleask. .duration on child development, Positive parenting, coping skills, or recovery for mental health and substance use. The interim final .Is also included an enumerated eligible use for early lemming services in disproportionately impacted communities, to address disparities in education. Public Comment: Childcare end Early Learning: Treasury received multiple comments that were supportive of the provision of childcare. Treasury has also received multiple comments ..it questions indicating that recipients have identified a need for childcare for A broader range of households and communities, for example those that may nced childcare in order to return to work, in addition to households end communities disproportionately impacted by the pandemic. Several commenters ma ressed uncertainty about how childcare facilities should Internet with the boundaries of a QCf. Finally, one commenter recommended that pre-K or early learning services encompass care for infants and toddlers, arguing that these types of care are often more expensive or challenging to access for families. Background: Children, end Early Learning: AS daycame and schools closed in -person activities during the pandemic, many working families were left without daildedon during it. day. a eI Although daycare centers and schools have since reopened in many communities, there remains a persistent childcare shortage as childcare employment levels have not fully rebounded since the sharp decline in childcare employment at lire beginning of the pandemie.12n As a result, working parents in communities across the country, and more specifically women, may face challenges entering or reentering the labor forceil In Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4363 (SNAP1.t2s In other cases, policies like public charge and asset testing can discourage otherwise eligible households.126 While the gap between households that need assistance and the number of households participating in public benefit programs has always existed, can owing that gap and ensuring households receive the support they used is critical to mitigating the negative economic impacts of the pandemic. Public Comment: Treasury has also received feedback from recipients and stakeholders noting the need to increase awareness and uptake of assistance programs, including gaps that remain in enrollment of eligible households in programs to address the negative economic imports of the pandemic.'27 T.Rury Response: Treasury has determined that this impact of the pandemic is widely exparimund across many jurisdictions and programs or services to increase awareness and uptake of assistance programs would respond to the pandemic's negative economic impact in all communities. As such, in the final rule, this use is eligible for any impacted household or class of households, not only in disproportionately impacted communities. 8. Promoting healthy childhood environments. The interim final rule included plogmma end services that promote healthy childhood environments as an enumerated eligible use for disproportionately impacted households. The interim final role listed three programs or services included under this use: Childcare; programs to provide home visits by health professionals, parent edvcatom, end social Service profeasionals to individuals with you rrg children to provide education end assistance for economic support, health needs, or child development; and services for child welfare -involved families end foster youth to provide support and Low-income households are also more likely to lase access to quality childcare.+" The widespread closure of childcare centers combined with A lack of access to paid family leave means parents in low-income households are moo likely to experience a reduction of income or leave their Jobs due to a lack Of childcare options t22 Additionally, childcare providers serving primarily low-income families were less likely to remain open during the pandemic because of tighter profit margins and general community financial insecurity, compared to childcare providers serving primarily hil:h-income families.'+1114 hit addition to disruptions to childcare, early learning services were also significantly impacted by the pandemic, and the disruption of these services had widespread ramifications foe teaming lass. parental support, and equity. Early Is filing centers have seen declined enrollment amosa the board, though there was a larger dip in enrollment for law -income households. tea This lower enrollment coincides with a diminishing workforce, as similarly to childcare, early childhood educetors have been leaving the profession due to long boon,, low pay,lsa and health and safety conmens.tsr As a result, children's school readiness has suffered, leading to potential long -tern impacts on life outcomes'°' The impact else extended U.S. Canna Be—, Phase 2,2 Hnuseheld Polio Survey. Table 2. Gildo es Aaangamome in the Imt ♦ Wad. for Giltlr® Under a Yea. UW, by 5olaos) CAararb rin o, IWeihh,p®: no, avdnable at hnpe://nmw.nenavi.gov re gins. aurvareehovaMold-irelsd-survey/dala.Mml. m. '-N. Kasen. C. Kelly, A A. cars, Child care oaring dw CUvro-2s Pandono: A sad hltadeon Made Wone. Pediatrics(2021). Affpall".mg/ IO.ffoopeda zOSpa4rszs. '14 National Asiotlanon for the adulation or voun8 Mildnm, Am I Nd#! Sound, be S.y OWn. and care noreldene Fuv a Bleak PoNre Winim Relief (Uecmnba 2020), bnpal/ daa.— /POPsiRo"afe lIfnledgbbNlyshomd/ looWeleenhldimpede of"e d-ram, Pmchaal Rnml"'A and Spendi,B, Nov Bmnawick."a N.a.. ImtiNa ter Poly 6dutetlM Keexml, 1202U. htlpiJ/nlcer.oBlWp root.no."R l 202UW/Nfgel(PN)ry_a,ie/ As _/LwZman_Prcsihool�nmsaws_and- Spaafi g y le)l.pdf "°Heithm lung,'1Te Pay ie.Motor.ap u': Child lare xohen ono quimng rapidly, M nag fin IM1a.—" Weshiegtan Pao ISedemb319, 2mll. WI91c/wwoorenorkies,uscmm/Luaineu/ 20e/aaenell tildcmoy,Th rand VD-19 Univa.Iy, ThessooanaitotIof COVed S. mmugeuly chlldlwW Muman (Auguq 5.2a2o1 Aapsalkna.mwmaA.edu/i of,aedunId10 20/Lb/a5h3arCm/No-nowfbnal-tall se ands g COVBamok and Anus Slupia UMe.tmding CUVl0.taereanmllmmt drop. mnilnuxA 4364 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations to parents. Parents. especially mothers, weeks)."° In addition to heightened COVID-19 on pregnant and recently may face challenges reentering or health risks from COVID-19, pregnant pregnant individuals, Treasury is m- remaining in the workforce if early individuals may have experienced caregortzing home visiting Services w an for impacted communities. learning services we unavailable. significant changes to their planar et care eligible use Treasury Response: Childcare an al during the pandemic 141 or may also not just disproportionately impacted Earlyleuming Services: Treasury agrees have experienced increased mental communities. Under the final rule, thee. with commenters' analysis that health challenges, including high levels eligible uses are available to impacted challenges accessing or affording of depressuu, aax,,y, loneliness, and households or classes of households. childcare have been widespread during post -traumatic stress during the Public Comment: Child Welfare: the pandemic, affecting many panda mire.+•% While the interim line] rule noted that jurisdictions and populations across the Home visiting services provided to certain types of welister ce, particularly country. Disruptions to early cme and families, particularly new mothers and around child development and learning services similarly have had newborns, feature regular home visit. parenting, were eligible for child broad impact and likely result in from trained nurses, social workers, welfare -involved families, Treasury has negative impacts for young children and and/or counselors who provide health received some recipient questions their parents. As such, these rare, mental health resources, positive asking whether financial, educational, enumerated eligible uses are generally parenting support, support in making housing, or other supports and services responsive to the negative economic personal health decisions. and are eligible uses for facer youth, impacts of the pandemic in all awareness of other potentially helpful Including those aging out of the system, communities, not just in services. These functions have become and child welfare -involved families. disproportionately impacted even more essential at mitigating Other commenters asked about whether communities. Under the final rule, negative factors associated with the funding for kinship rare would be childcare and early learning services are pandemic. Home visits give eligible, available to impacted households or professionals a chance to Rag potential Background: Gild Welfare: The class.. of households, not just those domestic violence, which has risen COVR)-19 pandemic placed meaningful disproportionately impacted. These worldwide over the course of the strain on the child welfare and faster eligible uses can include new or expanded services, increasing access to pandemic.143 Racial health disparities ran also be driven down by home visits. care system. Court hearings were cam system essential mental here care essentialheals c delawas ed,145hifted es services, efforts to bolster, support, or preserve existing providers and services, For example, Black women are more likely to avoid hospitals during the a env] end stmtlar activities. pandemic, and home visitors can help in and attendance and performance to am school among faster children dropped Further, Treasury is clarifying that either assuage concerns around scho l Additionally. there was a improvements /o or new construction of hospitals or give effective advice for nationwide rise of new children childcare, daycare, and early learning alternative methods of chtldbirth.144 entering the foster erne system and facilities are eligible capital expenditures. Recipients seeking to use Given the diaprap0rtianeta affect of the pandemic on people of color, home man tales placed ternporary mmetoria foster funds for capital expenditures should visits as an essential equity tool that on children aging out of the care system.148 As these temporary moratoria refer to the section Capital Expenditures tackle major negative effects of the expire, additionalsu ppport will be in General Provisions: Other for additional eligibility standards that pandemic. These are just a few pandem selections from the evidence that needed rd assist lrtldren exiting the apply to uses of funds for capital expenditures suggests many home visiting models can have a positive effect on maternal system. Additionally, finandel and material Public Comment: Home Visiting: Treasury has also received questions physical and mantel health.145 Treasury Response: Home Visiting: hardship are causal factors in the increase of new children entering the about whether the provision of home Given the widespread impact of foster rare system, whether through loos visiting services would be responsive to of a caregiver, domestic violence,149 or the health and mental health needs of 10 fee other associated casts of the pandemic Imparted new mothers, citing the positive mental health impacts shown '^ SaMlavaw, scow a.r7ensm. smeb D omnlaoa, Sheldon,lcmNt. Mane Muak, aagl Therefore, support to decrease these hardships will support families and on the mother as well as improved a' Maine, The Impem ofCOV10.19 an oriented vard In the House sow: Qadlmuwt analysis roam increase positive outcomes for youth outcome. for Chi ldren. evvy or xsle pregnant women. M illAery. Background: Home Visiting: Pregnant volume M,2021,102991, IssN e26e�6138, nrcoa:// we Nammal Codmm,m of stew teuslaNw, and recently pregnant individuals are at Bn increased risk far tommus illness from doi.Ole/10.m16/%midw1011. Extol. vrA Bian, HE Kim, a maaden. M Choi. L enmlnel Joined Sweden mosponeb So w1m n) Inaamnbv 16, seal), le tote://wwwMal.O§/ COVID-19.1sa Furthermore, pregnant Chen a[ al.. A crcaaamllonal study offeclon amented w4h women's penneul mental Seems nvwrcF/[ivlFand-tvlminoLjuAice/crimin0l-(m6'u mMsomd.iveow. individuals with COVID-19 am more end wellbeing during der Cover-19 amuld, '^ISM awtm Advocates for Youth. no likely to experience prelerm birth rills OW won: ON49790. Imzll. hops://doi.m3/ M,3"llsrmillde .awed. Consolidate Mon or Ne Pandemic me YwN Who Have OemW FastnCam or Homeless Way 2020) (delivering the baby earlier than 37 ns Amanda Tmb A Newt 'dse Cnw: brew'anonv.oWwpaomm�elupieOd.✓xOxxrof/IBAK mnong early genie pubne issued Mmd-.. &wkal, Immmbn(Polnmry ucO , wall. hftp wwafteekia w cdulbhg/nrown-refer-enalkbonal IOd11111xz/undersmndmg-sod -E-em- mmllm[ot.dr eemonong.ealrir grabd de-pax`aenwF :fmom/. ^. Cenlma for Ms... Covert and Ruwmlon. Pornan1 son sed-fly resume Radio, hflWJl wnw.mc.gaalcmmowimeenue a[ownc.:d.enro- yrsmaaamlpmgnanepeoehite hlml (laid visd Nwembw e.20") Do ..a,. Able. M. Wondvnda. Now York Timm IApol S. mIDL nape /1-senyllme —1,112ma/O4/ oa/wandia Shlb Sraa.dosure xi ed.o. Bloa +•dale and aeon splaw to leeches am[k Mmmml Somali Yau�ol�ndtad n Cpne20, , he,, afeealtn Care Foundation (APnl20, x0m1, nlgas:l/www.m[forg/nlq/aq mreed Is/ a[k materne]-mormmer-nt isfIdedth iit H1eL +iLLe. Hmeatt n,[Halt°andf{0enan amvicm. Hosea visiting btid0nm dGRemivenem. oflpelmamwe.aa/nn..gawinfwmwmafartml%zo hnahUf%xoarref Federal Register/Vol. 87. No. TB/Thursday, January 27, 2022/Rules and Regulations 4365 and families that may otherwise become involved in the child welfare system. Treasury Response: In the final rule, Treasury is clarifying that services to foster youth, including those aging out of d. system, and child welfare - involved families may encompass a wide army of financial, educational, child development, or health supports, or other supports necessary, including supports for kinship care. 9. Addressing the impacts of lost instructional Mrs. Public Comment: The interim final Interventions or services that address the impact of lost instructional time may include offering high -quality tutoring and other extended learning opportunities, providing differentiated instruction, implementing activities to meet the comprehensive needs of students, expanding and improving language access for parents and families providing information and Assistance to parents and families on how they can effectively support students, including in a distance learning environment, improving student engagement in rule included an enumerated eligible distance education, and administering use to address educational disparities in and using high -quality assessments to disproportionately impacted assess students' academic roes communities, recognizing that undereerved students have been more severely impacted by the pandemic and including responsive services for early learning, enhance funding to high - poverty districts, and providing evidence -based services to address the academic, social, emotional, and mental health needs of students. Some and districts pmg among others. In designing services under this eligible use, recipients may wish to reference guidance from the Department of Education on stretwim that communities. This eligible use includes ruts of services to address disparities in educational outcomes that predate the the pandemic and amplified its impact an underserved students; these include, for ten example, enhanced funding to high - poverty districts and providi l. evidence -based services to adea the academic, social, emotional, and mental n-peron msrruction or lemented remote learning, the shift not immediate or without aquence. Children who received [a] only or combined remote and an- on instruction were more likely to A experiencing negative mental- Fhysmal health outcomes than ran who received in -person Treasury Response: Under the final refs, addressing the impact of lost instructional time and/or learning loss is an enumerated eligible use for impacted households. When providing services to address foal instructional time, recipients may presume that any K-12 student who lost access to in - person instruction for a significant period of time has been impacted by the pandemic and is thus eligible for responsive services. —velmdan lv, Pampan S, Rnufa ry M a nl. A.d. ian 0LAYdmn'c Mode ofach..] ew,uclbn MN Child and Pamnl Fapvien Red Welbneiny Dm-,, IIeLpVlllm Pandemk— LOVIO HapWmwasurvey, United alarq. _ Ise a-Novenbm ra, saft MMwR Mara Mottal Wkly RsP 2m1:ra3wy3'm n01: hHp 11dx.dm.wg/ 1o.155e5/mmommmMume#ead icon. vice. for children to respond to the ric on mental issues. When providing behavioral health services, recipients may presume that the gamest public was impacted by the pandemic and provide behavioral health services to members of the general public, including children and youth in schools, without any further ...]ysle of imparts of the pandemic on those individuals and whether the service is responsive. W. Pamedinglong-term housing security: offordable housing and homelessness. Under the interim final rule, recipients may use SLFRF funds to provide a set of housing services to communities that have been disproportionately impacted by the pandemic. Specifically, the interim Real le provided that programs or services that address housing insecurity, lack of affordable housing, or homelessness, +++ U.S. melmamenl ofuumeon, saw, efor Unal Annaero Rescue Plan FundLig la Add,— ue 4w-d Of Lwt herl ti... I Time. Augm12021. aleved seen ho,91emu1 ed.gov/d e�nl ua lI WOa,.crfonal-anv.Pdf. u were responsive to the negative economic impacts of the pandemic when provided to disproportionately impacted households and cemm unities. The enumerated new included supportive housing or other prrooggrams or services to improve screw to atable, affordable housing among individuals who am homeless and development of affordable housing to increase supply of affordable and high -quality living units. Many recipients have already announced plane to use SLFRF funds for affordable housing interventions in all of these categories. Treasury received many comments asking for additional clarity or flexibility in these uses. As detailed below, based on multiple public comments and questions and Treasury's subsequent analysis, Treasury has determined that supportive housing or other programs or services to improve access to stable, affordable housing among individuals who are homeless, and the development Of affordable housing to increase, supply of affordable and high -quality living units are responsive to the needs of imparted populations, not only dhsprop army at.ly impacted populations. This final rule reflects this clarification and builds on the objectives stated in the interim final rule to improve access to stable, affordable housing, including through interventions that increase the supply of affordable and highquality living units, improve housing security. and support durable and sustainable homeownership Finally, note that "emergency housing assistance," or assistance for responses to the immediate negative economic impacts of the pandemic through services like financial assistance far rental arrears or mortgage payments, is aim an eligible use category for assistance to households under the final rule; see the eligible use for "emergency housing assistance' above. The provision of housing vouchere and assistance relocating to neighborhoods with higher levels of economic opportunity remains an eligible use under assistance to disproportionately impacted households; for discussion, we the eligible use for "housing vouchers and assistance relocating" below. Background: Affordable Housing: it is clear that the ongoing pandemic and resulting economic crisis are having a profound, long-term negative effect on the pre-existing affordable housing crisis facing low-income households.us2 "uCasenwe Pamncul Pmlemlon Bureau, nwaing Inaxunly and Iho Mean-1. Pander u,sr—d 4366 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations The combination of a large naniber of higher -income households who have weathered the pandemic without significant income losses, law interest rates, and housing supply constraints exacerbated by the pandemic, have driven a sharp increase in the sale price of homes.rsa Meanwhile, many low- income renters and homeowners ere struggling with lost employment and income and are behind on their housing pa mends.h54 Public Comment Affordable Housing Outside of low -Income Geographies: A major theme in comments was that affordable housing interventions, especially development ofaffordable housing. should be allowed outside of Wt., as concentrating the supply of affordable housing in law -income geographies can have the effect of increasing both concentrated poverty and recial and economic segregation, while locking lower -income households in need of housing support out of high - opportunity neighborhoods with access to employment and amenities. Treasury Response: Affordable Housing Outside Low -Income Geographies: As previously stated, affordable housing is not confined to low-income geographies under the interim final rule. As discussed elsewhere, the interim final rule presumed that QGTs, es well as communities served by Tribal governments, were disproportionately impacted for administrative convenience, but recipients may identify other populations, households, or geographic areas with disparate impacts of COVID-19 and provide affordable housing services to them. For exempla, undo themfinal rule, a city could determine that its law - income residents faced disproportionate impacts of GOVID-19 and develop affordable housing tageted to these households. Such a scenario could include, for example, affordable projects in higher -income neighborhoods that would allow residents to live closer to jobs and well-resourced schrmla. Additionally, as nosed above. Treasury is finalizing the rule with some changes to the treatment of affordable housing development designed to clarify that permanent supportive housing or other programs or services to improve access to stable, affordable housing among individuals who are homeless, and the development of affordable housing to increase supply of affordable and high -quality living units, are responsive to individual. and households that were impacted by the pandemic in addition to those that were disproportionately impacted. This shift is in line with commenters' recommendations and consistent with the fact. described above, which demonstrate that lack of supply of affordable housing units contributed to the pandemic's impact on housing insecurity and unsustainable housing coat burdens and that these impacts were experienced broadly across the count Pubic Comment Eligible Activities: Many commenters asked far clarity on what types of activities (e.g., land acquisition, construction, pre - construction costs, cpmating costs, etc.) are eligible uses of SURF, and what affordability criteria must be applied to affordable housing de pro Commenters encouraged Treasury to allow the full army of affordable housing activities, including particular requests for broad 11"ibility for Tribal communities, and to specify that "development" should include construction, preservation, rehabilitation, and operation. Other commanders requested.1mifretton about permissible program administration approaches for affordable housing, such as contracting methods and distribution of funds. Some commenters asked that Treasury require SURF funds to be end commenter argued that SLFRF funds should only be used to support affordable housing for household. making 50 percent of AMI or less and that recipients should be required to set aside significant portions of any developments for renters making 30 percent of AMI or less and persons with physical and sensory disabilities. Other commenters requested a more flexible approach to affordable housing definitions. Treasury Response: Eligible Activities: The final rule clarifies eligibility of affordable housing development for recipients; these uses were eligible under the interim fine] rule, but Treasury is providing further guidance to enhance clarity and respond to recipient and commenter questions. As with all interventions to address the negative economic impacts of the pandemic, affordable housing projects must be responsive and proportional to the hero identified. This lest may be .at by affordable housing development projects —which may Involve large expenditures and capital investments — if the developments increase the supply of long-term affordable housing for low- income households. While there may be less costly (or non -capital) alternatives to affordable housing development, a compreLenaive response m the widespread housing challenges underscored by the pandemic will require the production of additional affordable homes, and targeted affordable housing development is a cost-effective and proportional response to this need. For purposes of this test, Treasury will presume that any projects that would be eligible for funding under either the National Housing Trust Ford (HTF) or the Home Investment Pormerships program (HOME) are eligible uses of SLFRF funds. Note that these programs use different income limits then the definition of low- and moderate -income adopted by Treasury. Given the severity of the affordable housing shortage, and the ways in which the pandemic has exacerbated the need for affordable, high -quality dwelling units, Tressury has determined that the households served by these federal housing programs have been impacted by the pandemic and Its negative economic impacts and that development of affordable housing consistent with these programs is a related and reasonably proportional response to those impacts. Additionally, affordable housing projects provided by a Tribal goverment are eligible uses of SURF if they would be eligible for funding under the Indian Housing Block Grant program, the Indian Community Development Block Grant program, or the Bureau of Indian Affairs Housing Improvement Program. Alignment with these programs, which define "affordable housing" in a manner consistent with a proportionate response to the affordable housing challenges faced by low -end moderate - income households as a result of the negative economic impacts of the pandemic, is intended to give recipients comfort and clarity as they design a Federal Register/Val. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4367 wide variety of affordable housing interventions, including production, habilitation, and preservation of affordable rental housing end. in soma cases, affordable homeownership units. These programs allow the financing of a wide range of affordable housing activities and set clear eligibility criteria that many recipients are already familiar with. Finally, to further support sustainable and durable homeownership, recipients may consider offering down payment assistance, such as through contributions to a homeowner's equity al origination or that establish a posl- closing, mortgage reserve account on behalf of the borrower that may be utilised to make a missed or partial mortgage payment at any point owing the life of the loan (e.g., if the borrower faces financial stress). Homeownership assistance that would be eligible under the Community Development Block Grant (at 24 CFR 507.201(n)) is also an eligible use of SURF funds. Public Comment: Permanent Supportive Housing: Treasury has received comments encouraging the use of SURF funds far permanent supportive housing. This is an eligible use under the interim final rule: Both the development of.if od.ble housing or its as en that substance use. Public Comment: Operating Expenses: Commenters specifically asked that Treasury allow the cars of SURF funds for operating expenses of affordable housing units, as operating subsidies we typically required to reach extremely low-income households, whose affordable rants may be lower than the ongoing cost of operating their unit. Treasury Response: Operating expme ws for eligible affordable housing were an eligible use of funds under the interim final Is and the final Is maintains this treatment. This may include capitalised operating reserves. Rehabilitation and repair of public housing will also be considered an eligible use of SURF funds. Public Comment: Affordable Housing Icons and Revolving Loan Funds: Some commenters requested that loans with tnstlmLes beyond the period of performance or revolving loan funds that revolve beyond the period of performance be eligible uses of SLFRF funds if used for affordable housing. Some commenters pointed out that for - profit developers of low-income housing through the Low -Income Housing Tax Credit (LBTfC) may be deterred from accepting grants to bridge funding gaps in current LIHTC deals by the treatment of grants to for -profit entities in the calculation of eligible basis for the LIHTC. TYeosury, Response: The final rule does nut change the Informed of loans from the interim final rule. For mare details see $action Treatment of Loans in Program Administration Provisions. Similarly, the final rule does not change the treatment of grants to support affordable housing development. including developments supported by the LIHTC: such grants are an eligible can offends. Additional enumerated eligible uses for assistance to impacted households. As noted above, the interim final rule intend a question on what other types of services or costs Treasury should consider as eligible uses to respond to the negative economic impacts of COVI 19. In response, comments. more legal to country (e.g., access to and ility of health insurance) to that are most applicable to the cued needs of certain ens or geographic areas of the hates (e.g., senior ritice rs, agions), Other communities guested a high degree of respond to the particulm r communities. lesponss: Given the large rule aims to clarify additional enumerated eligible uses that respond to negative economic impacts of the pandemic experienced widely in many jurisdictions across the country, making it clear and simple far recipients to Parana these enumerated eligible uses under the final role. In the final rule, Treasury is clarifying several additional uses, which generally respond to pandemic impacts experienced broadly across jurisdictions and populations, are eligible under the interim final rule as assistance to households and continua to be an our the final role, as outlined Wow, 11. Paid sick, medical, or jamily leave. Public Comment: Some commenters argued that the pandemic increased the need for paid sick or medical leave, as slaying home when ill is recommended by the CDC /o prevent spread of the virus but lack of eccess to paid sick leave often prevents workers from staying home. Other commenters recommended paid family leave as an eligible use, arguing that shortages in access to childcare or home health assistance, as well as school closures, may increase the need for family members to serve as caretakers. Background: The COVM-19 pandemic highli�hled the imp tance of paid leave as well as the number of workers who do not have access to paid sick and/or family leave. When workers have access to paid leave, they are lees likely to report to work sick, and therefore less likely to spread illnesses I. the workplace: One study demonstrates that the weelgency ck leave provision of the Families Firssit Continuations Response Act (FFCRA) reduced the spread of COVID-19.155 The lack of paid leave exacerbates financial hardships expmienced as a experienced financial hardship.tce Furthermore, because the Pamily end Medical Leave Act (FMLA) excludes small employers, part-time workers, and works. who have been with their employer for leas than a year, 94 percent of workers do not have access to even unpaid 1eave.157 Workers tricolor and workers with lower incomes are leas likely to have access to paid leave.158 159 In Staten Peduar. l(tlnerine sea. and Nialac R. Zlmenn. Wivll)1s tourist., Sock leave on. nalpad Pleura The olive In The United State: study oveminm an ino. of enaaency aid leave on than,apmd nl MrID-19, ueenh Aaeire so, no, 12 fit.): are-ailn, IrtlpelA Jraufth oQo05.org/doi/ro lsn/hlth ff2dadmi Fa. soon amwn at d., employe and war6,ilo formed— of ma Pam9y and Medid leave Art: Resells ham We 2me Sur,,,. Ant Aaeochte (Jul, 20M. heepelMxvi.dol.yovlaieebat roae5/ GASP/ewluarlon/yd//WHOJ"MLAMIabLmy Aeevin3imakpon_wagspr0.paJ. b Ano P. aetlels t al., d usel and eMic andred I.n aaese m and.l Mpeld Orly and medial lath: eviaena from ware of t duy Steve-ative)0 ne, Umewaaulearnt enlutid 1Zcr (January 201a1, dvdu/nmv.blagov/ yyuWmh/sofa/anicle/nx;aAu.,Jstlinir indruriam;n-oc ends. rid -see oJ-poi6fenilp a dmed;wl-leore.hrm. c,,,naam 4368 Federal Register/Vol. 87, No. 18/Thumday, January 27, 2022/Rules and Regulations For workers that are also caregivers for children, unions, or other family members, them may be a similar ..it for —and benefits of —paid family leave. For example, some workers may have straggled during the pandemic to balance caring for children, as schools and dayearce closed, and working. For new parents, paid parental leave results in fewer infant hospitalizations, lowering pommel stress, increasing parental involvement, and improvin the overall health of parent and chill'eo COVID-19 has also increased the levels of "emegdving dntioni ty" 1-1 and "caregiving burden" nix far those providing care to seldors or alder family member. 1-11 sa When surveyed, mare than half of carogivere reported that COVID-19 increased both the amount of respond to the negative economic impacts of the pandemic. 12. Health insurance. Public Comment: Several commenters recammended that uses of funds to expand access to health insurance he enumerated eligible uses; commenters believed that the heightened flak of +i+Nmm' Cureglvim, investor to nodded as the can not ry, ofrem promded by tnformel undend;- C"ouddg burden" la defined se the impuis on phpiul end mmam head, mid heated - mixed 11-19y of fife of ne um ed amenverc '"Se Colum. 2I Keane d, MM creation. ML Greenev Ekp1m inp ChenBm In Cvealvm Burden end C exv1%Intomily due to COVI0.19. Gmomolcgy eM GednMc Medidne Ilenuery mat). doitnn.11»12333r21@19992r9. me 1d. illness or hospitalimtion due to COVIf- 19 had incrsmod the negative economic impacts of lacking health insurance. Rackground: In 2019, prior to the pandemic, it was estimated that 11 percent of nonelderly adults lacked health im um armed By mid-2020, job loss had resulted to an estimated 3.3 million people lasing their employer sponsored insurance, resulting in an additional 2 million uninsured aduha.'ar Participation in Medicaid, the role an of the September 202016e and 8.3 do enrolled in insumnce ACA marketplitca n9 the ACA, CHIP, and ve eiarifcantly reduced the through the pandemic and the economic downturn, adequate coverage and affordability still remains an issue for many. In 2020, 21 percent ofworking- age adults were inadequately insured, meaning even if they had insumnce, they incurred a agrdfrcant amount of not pock costs.11 Addtionally, 37 percent of adults ropmted suvggling with an d cid bills or medicnl debt end 71 percent of adults who did not purchase insurance cited affordability as the main factor.''' Treasury Response: Treasury agrees that loss of health insumnce, increased financial risk from lacking health inure . or excessive out -of -packet healthcare costs constitute negative economic impacts of the pandemic. Under the final role, programs or services to expand access to health insurance coverage are an enumerated eligible use as assistance to households, for example, subsidies for health Insurance presidents or expansion of a recipient's health insurance plan to cover additional employees who currently lack coverage. 13. Services for the unbanked and umderhanked. Public Command: One commenter expressed support for the inclusion of services to increase banking access as an allowable expense under SLFRF. The commenter recommended that states be encouraged to offer opportm ices for consumers to open safe and affordable accounts capable of receiving direct payments. The commenter emphasized that allowing unbanked and underbenked households to receive funds securely through ne,fes, direct deposit will help connect in terminated consumers to the mainstream finencial system. Background: Banking inequities can make it difficult for unbanked or undmigod ed households to access housing, jobs, and other important economic opportunities. Being unbanked or mulastan o d ®n also make it challenging for households to apply for and receive financial assistance, including services like pandemic emergency housing accessible a critical role in over 5 mercent of families, or 7 they do oat have a bank acccunV's Low-income households, man -white household., and household. with individuals with disabilities were even mom likely to be unbanked. In 2019,16 percent of Native American households, 14 percent of Black households, and 12 percent of Hispanic households team unbanked, compared to 2.5 percent of white households. Additionally, to Federal Impose huumn® Crpontive. Mar National Savoy al Unben ux) and unfermented Households (2019. haps://wna fdio.gov/homeltold neyconSIM15mmummm.pdj "e Federal 0.yoair Ins menu Carymmbq nnv Audi® Iman. Household (Jen of dead, end resented Services Ml9 f111C a—,, he, neenthk gowavelpn/home5WJ survey/ 3019mimc,od) Federal Register/Vol. 87. No. IS/Thursday, January 27, 2022/Rules and Regulations 4369 undlpiand ed households —Dose that have a bank account but enly on alternative financial services, such as money orders, payday loans, and check cashing services— amount for 16 percent of all household. in the United States.l'e As a result of the COVIRI9 pandemic, new social distancing protocols have, in come instances, made it more difficult to perform financial transactions with paper instruments, like banknotes, coinage, paper checks, or money orders. Households constrained to these payment methods may face challenges receiving government assistance. Additionally, businesses have beraitioned to cashless payments systems to promote commodes payments.+rs As a resell, imbi nked individuals may face additional challenges conducting financial transactions. Treasury Response: Recognizing these challenges, Treasury is clarifying that recipients may use SLFRF funds to ]met Earned or exhaustive list of uses to provide financial services to unbenked and undelbanio d households: a Provide low or no cost financial services, including in conjunction with administration of benefits, such as pre. paid debit cards, e.g., via Economic Impact Payment or General purpose Reloadeble pia -paid cards or for the development of public banking infrastructure that can sum ent benefit e Provideflnandel literacy programs and conduct community outreach and deploy eolpl emend resources to increase aworeness about lowcost, on - overdraft fee accounts, pilot new strategies and approaches that help overcome barriers to banking amass and support the gathering and sharing of information in ways that improve equity, such as community meetings: partnership. wfth community -based organizations, online surveys, fours group., human -centered design —Bo—1 of Ilia Gras aablePadnalles— Steven. Repot on,he Fivnumic Wall -Habig of uS noueeholds In 2018-May 2019, he,11—fiseerol vMouse/haods hi 2oIar ..knnsd.ouain . p ga damn. h moaaIr All... no Fb: CCD a®oelu and of 0,ou nod Trap.bone by CnWRlS and In OPPovuni s, Iateans. Stew cuhthe synema in Bigiel ThiPlesdare..o Nnwn6.ukal i42Ilia Covi07-I 19 d oi: f e. ] mNB W B-0.12-9'lg2f a-0.0a99a-e. aclivitim and that community engagement activities. Assistance to Unemployed and Underemployed Workers The interim final rule included assistance to unemployed workers as an enumerated eligible use, including "services like job training to accelerate rehiring of unemployed workers." Treasury provided further guidance, based on recipient questions after the interlm final rule, that eligible new under this section also include "other efforts to accelerate rehiring and thus reduce unemployment, such as childcare assistance, a share. with transportation to and from a Joliette or interview, and incentives for newly employed seorlowd.]" as wallas assistance to unemployed workers seeking to start small businesses. Finally, further guidance also provided that "public jobs programs, subsidized employment_ combined education and occupation or level of training" are all enumerated eligible uses as assistance h unemployed or underemployed workers. The interim final rule defined eligible hensficiarles of assistance as "individuals who want and are available for work, including those who have looked for work sacred es. in the past 12 months or who are employed part time but who want and are available for full-time work." This definition is based on definitions used by the Bureau of Labor Statistics to define individuals currently unemployed, as wen as persons marginally attached to the labor force and working part-time for economic reasons.,,. The latter two ctassifrcatomil are types of labor underotilization, or "underemployed" workers.rrr Finally, the interim final rule specified that assistance to unemployed workers included both workers who lost that, job during the pandemic and resulting recession and workers unemployed when the pandemic began who saw further deterioration of their economic prosppxis doe to thdemic. Pube pan fir Comment: Commenters generally supported the inclusion of this enumerated eligible use. One commenter recommended including assistance for underemployed workers who look jobs due to the pandemic that '°avra.n nrtaem slnd.uca. I.A orrone stelimA 9o:n the corn., PoaWaltan survey: funwple end Definition, hops:ZZ—blegov's,V de)inilinnthnn owl vlsited November a. woo, »rd. did not fully utilize that, skfllset or did not provide the hours, wages, or job quality desired. Treasury has also received recipient questions on whether job fairs or giants to businesses to hire undelserved workers am eligible uses under this category. Another commenter recommended flexibility in eligible workforce development programs, arguing that rural areas may face Particular challenges. Treasury Response: Treasury is maintaining this eligible use in the final rule, including the enumerated eligible services in the interim final rule and subsequent g dance. Treasury is also confirming that fob fairs or grants to businesses to hire undoeserved workers we eligible uses under this section. Treasury is also commanding that job and workforce training centers am eligible capital expenditures, so long as they adhere to the standards and presumptions detailed in the section Capital Expenditures in General Other. ell. maintains Bursae of Labor ions of unemployed , using a common, widely known definition that incorporates a broad group of individuals both unemployed or whose skills are otherwise underotilized in the labor market. In addition, recognizing that the Pandemic has generated broad workforce disruption, in the final role. Treasury is making clear that recipients may provide job training or other mumenrated types of assistance to individuals that are currently employed but are seeking to move to a job that provides better opportunities for economic advancement, such as higher wages or more opportunities for career advancement. Recipient Unemployment Insurance Trust Funds and Related Expenses Under the interim final to, a recipient may use funds to make deposits into its account of the Unemployment Trust Fund established under section 904 of the Social Security Act (42 U.S.C. 1104) up to the level needed to..inre the pre -pandemic balance of such account as of January 27, 2020 or to pay back advances received under Title RlI of the Social Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and May 17, 2021. These Costa support the solvency of the unemployment insurance system and, ultimately, unemployment insurance benefits provided to unemployed 4370 Federal Register/Vol. 87, No. I8/Thursday, January 27, 2022/Rules and Regulations workers during the pandemic.17e The Interim final rule also posed the question of what, if any. conditions should be considered to ensure that funds used under this eligible use category repair emmenic impacts of the pandemic and strengthen unemployment insurance systems. Public Comment: Inclusion as an Eligible Use and Conditions: Commenters expressed mixed perspectives on this eligible use category. Some commenters supported its inclusion, arguing that unemployment insurance systems have faced significant costs to support unemployed workers during the pandemic and that this constitutes a negative economic impact that SLFRF funds should be able to address. Other commenters opposed this eligible use category, arguing that funds used under this category may not ultimately support unemployed workers. Some eommentere noted that unemployment insurance taxes on businesses automatically increase when frost fund balances ere low and suggested that permitting the deposit of funds into unemployment insurance trust funds prevents a tax increase on businesses, some of which may not have faced negative economic impacts from the pandemic, rather than providing assistance to unemployed workers. Other comments suggested that deposits are better thought of as savings far future needs than assistance to unemployed workers in the near term. Responding to the interim final tale's question, several commenters suggested that, if Treasury maintains this eligible use, the final rule should require detailed reporting on funds used under this category or place conditions on this category to increase the likelihood that funds ultimately support unemployed workers. For example, some c. men enlers suggested that recipients that deposit SLFRF funds into their trust fund should be barred firm cutting unemployment insurance benefits for workers during the period of performance or from morning new barriers to accessing benefits (e.g., through the application process and ongoing requirements to receive benefits). One commenter, noting that unemployment insurance benefits often provide low rates of wage replacement and de not cover some types of unemployed workers, argued that recipients should not be permitted to deposit fonds into the trust fund unless I -Note that, while flat —nook loan noun, addu smd—allanbre MemJ, a, 1111, rim cuss Incuned to sedans the harm omun eflar March 3. 2021 and proodee amWmco to ommuployed xrorkme, an ell,i W e use of SLFRF funde. the recipient concurrently expands benefits. Finally, one commenter suggested a cap on the amount of funds that can be used for this purpose. Treasury Response: Inclusion as on Eligible Use and Condition.: In the final rate, Treasury is maintaining the inclusion of this eligible use category. Because unemployment insurance treat funds directly fund benefits to unemployed workers, maintaining the solvency of the trust fund is critical to the continued provision of assistance to unemployed workers. Further, funds deposited into the trust fund must be used as assistance to unemployed workers, an eligible use of SLFRF funds. Final ly, while, in the absence of the SLFRF, trust fund deposits would likely be funded through increases on employer payroll taxes, the eligibility of uses of SUIT funds does not depend on how obligations would otherwise be satisfied if the SLFRF were not available for this use. While deposits to unemployment insurance trust funds generally serve as assistance to unemployed workers, recipients that make deposits but also cut unemployment insurance benefits to workers substantially decrease the likelihood that the deposited funds will assist unemployed workers. In other words, SLFRF funds deposited into an unemployment tnsurnnce trust fund generally serve as assistance to unemployed workers, unless recipients take policy actions that substantially decrease the extent to which SLFRF funds would flow to unemployed workers. As such, through December 31, 2024, recipients that deposit SLFRF funds into an unemployment insurance trust fund or use SLFRF funds to repay principal on Title XII advances, may not lake action to reduce benefits available to unemployed workers by changing the computation method governing regular unemployment compensation in a way that results in a reduction of average weekly benefit amounts or the number of weeks of benefits payable (L ., the maximum benefit entitlement). Finally, until the final rule become effective on April 1, 2022, the interim final rule remato. binding and effective.' re These requirements were not in ef%m under the interim final rule and do not apply to funds used (i.e., obligated or expended) under the interim final rule while it is in effect. In addition, recognizing that some mdpicani have taken signiflcant steps —Sm, eg., tl 9, Do,., ... I aithe Ttesunw. Idme Intommtion on the Condusion ofthe Public CummeW Period and the lntenm Raul Rule an the cuoioovu. stets and Loral Fisral Remvery INMs. hapama.inmury gav/syalem7lm/I J a//rPo eaolai.m mmpdJ toward making a trust fund deposit or repaying principal on Title X0 advances under the interim final .Is. such as the legislative appropriation of funds for this purpose, even if a formal obligation has not oaurred, Treasury will exercise enforcement discretion to not pursue violations of this final role prevision (i.e., the requirement not to reduce benefits) for recipients that have appropriated funds for this purpose prior to the date of adoption of the final role consistent with the laws and procedures in their jurisdiction. Recipients should refer to Treasury's Statement Regarding Compliance with the Commairus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which provides additional detail rut these issues. Public Comment and Treasury Response: Technical Corrections and A eandmce is: Following the interim final role, Treasury received recipient questions on whether paying interest on advances received under Title XII of the Social Security Act (42 U.S.C. 1321) is an eligible use of SLFRF funds; Treasury is clarifying that such use is permissible. consistent with Treasury'. treatment of the eligibility of interest on Title XR advances under the Coronavirus Relief Fund. Treasury is further clarifying that recipients may only use SLFRF funds for contributions to unemployment insurance trust foods and repayment of the principal amount due on advances received under Title XR of the Social Security Act up to an amount equal to (i) the difference betwcen the balance in the re ciplent's unemployment insurance treat fund as of]anuary 27, 2020 and the balance of such account as of May 17. 2021. plus (it) the principal amount outstanding as of May 17. 2021 on any advances received ender Title XII of the Social Security Act between January 27, 2020 and May 17, 2022. Further, recipients may use SLFRF funds for the payment of any interest due on such Title XII advances. In other words, excluding interest due on Title XII advances, the magnitude of the decrease of the balance in the unemployment insurance trust fund plus the principal outstanding on any Title XII borrowings made from the beginning of the public health emergency to the date of publication of the SLFRF interim final rule sets a rap on the amount of SLFRF funds a recipient may use for trust fund contributions and repayment of principal on Title XII advances. Further, a recipient that deposits SLFRF funds into its unemployment insurance trust fund to fully mature the pre -pandemic balance may not draw down that Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4371 balance and deposit more SLFRF funds, household income of $0,100 (measured 12 schools into the category "assistance back up to the pre -pandemic balance. in 2018 dollam).1fle 'Its to no households," recognizing EnumeratedEligible Enumerated Eligible Uses for En impact pre-existing inequalities have an a household or community's that these pandemic impacts were widely shared across the country. ro Imperial P P Y P Households ability to recover is intersectional. This section discusses enumerated Research shows that pre-existing racial eligible ..a to address health Background and gender disparities exacerbated the disparities, to build stronger disproportionate economic Sort health communities through investments in The COVID-19 pandemic has had dispropordonally negative impacts on many households and communities that were already experiencing inequality related to race, gender, age, or income before the pandemic. People of color, low-income workers, and women disproportionately lost their jobs during the COVM-19 pandemic and experienced disproportionate rates of negative health oulcames)a- is, These disproportionate negative impacts experienced by systemically undemerved communities are not novel to the COVID-19 pandemic and the economic downturn. Research shows that historically underserved communities that are experiencing economic and social disparities typically experience disproportionate impacts of economic downturns and natural disastem.+s%This pattern held true for the effects of COVID-19 and the economic dowotum: historically undeserved groups experienced amplified negative impacts, further widening inequality.ras Many communities facing systemic barriers had not yet recovered from the impact of the Greet Recession before experiencing the impacts of COVID-19 and the economic downturn. For example, in 2009, at the and of the Greet Recession, households without a high school diploma had an average annual income of $32,300 (measured in 2018 dollars). By 2018, nine years into the economic recovery, those same households saw their average income increase by $600. During that same time period, households with a bachelor's degree saw an increase in their average ,cold. impact GOVRti19 and the economic downturn had an workers of color. and specifically, women of colorJas Another study found that during the f rat six months of the pandemic counties that were both high -poverty and majority non -white experienced COVID-19 infection rates eight times higher than high -poverty, majority white counlies.las Many residents in these communities are still coping with the negative health and economic impacts. Summary of the Interim Final Rule and Final Rule Structure As described previously, the interim final rule provided a broader list of enumerated eligible uses to respond to the pandemic in disproportionately impacted communities, in recognition that preexisting health, economic, and social disparities contributed to disproportionate pandemic impacts in certain communities and that addressing the root causes of those disparities constitutes responding to the public health and negative economic onpacw of the pandemic The interim final rule described eligible use. in across health outcomes, communities in housing sort environments. As described above, Treasury has moved eligible uses related to community violence intervention, assistance accessing or applying to public benefits and services, affordable housing development, healthy childhood environments. and addressing lost instructional time in K- -lasso 11-0 a.1vA Kocbbs,' R—wwas, Two RscovMea, Pow Re -sub C®run inacMIAt rs, 20191, hnps.11w r.rK x&e n.org/ wdvl-aendNrms/rvrYmv-rememnstwo- -sw1/ nenih common at L. Rail Wflorb6gndVL1e Recovery: Ths role or Ram, I nalR.I.-a, and rt awnan. rn.rvaw.1aury, menml. an Rzce an Po—AdHlaul S, rtalwN.Feld d.& 0.The Pooulao NP, Ps.d Ira, Ogndegne o Lewlpe 4 Tow] Ra. Aasement a( Deena 201-Lend M-19) Ira in coca re Th n nlxue io191COVH}l al err Ia ana Op. in Lunge USM.,.. 1. dm.101311 Newt.. zm9:al-11, 9em..uls.M. lamanelwor4apen 2010.1fi938. neighborhoods, to address educational disparities, to provide rental assistance vouchers or assistance relocating to areas of greater economic opportunity, and additional eligible ..a to respond to negative economic impacts in disproportionately impeded communities. While many of these services impact both health and economic outcomes, Treasury has consolidated them into a single section for simplicity and clarity and to reflect the intertwined to. of these issues. As a reminder, recipients can presume these uses are eligible when provided in a QCT, to families and individuals living in QCfs, by Tribal or territorial governments, or to low- income households or communities. As provided in section Standards: Designating Other Disproportionately Impacted Classes, recipients can also provide these services to other populations, households, or geograpphic areas disproportionately impacted by the pandemic. Recipients may also identify addition.] disproportionate impacts of the pandemic and design an appropriate respome to add... that harm. For details on eligibility standards and presumed eligible populations, see section General Provisions: Structure and Standards. Enumerated Eligible Uses for Disproportionately Impacted Households 1. Addressing health disparities. Public Comment: General: In general, commenter. supported eligible uses to address health disparities and support health equity; several commenters highlighted the disparities faced by communities of color and law -income populations, as well as the importance of community engagement in developing effective programs to serve disproportionately impacted communities. Many commenters recommended additional enumerated eligible uses to address health disparities; these are discussed further below in this section. Treasury Response; In line with commenters'recommendatimrs, the final rule meintem. several enumerated eligible uses to address health disparities, specificallyy: a. Communiryheedg work... Treasury received few comments on community health workers, though one 4372 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations requested further clarification on their role.tsr Treasury is maintaining this eligpible use in the final rule. 6. Ramediation offend paint or other lead hazardaAlie interim final rule included remediation of lead paint or other lead hazards as an enumerated eligible use to address health dispparities. Mile Comment: Treasury received several comments asking for clarification on the eligibility of a particular use that would indirectly address lead pollution. For example, a commenter requested the ability to fund remedial actions, such as filtration and plumbing procedures to help address lead pollution. One commenter requested that private wells be eligible for funding to address contamination with substances such as lead. Other commenters requested that Treasury allow replacement of lead pipes as an eligible use of funds. Treasury Response: Recipients may make a broad range of water infrastructure investments under section 602(c)(1)(d) and 603(c)(1)(d), which can include lead service line replacement and other activities to identify and remediate lead in water. These uses are discussed in greater detail in section Water and Sewer Infrastructure of this SupplSuppplemental Information. emental has fuller determined that several of the services identified by commenters are appropriate responses to add... health disparities in disproportionately impacted households. These services were eligible under the interim final rule and continue to be so under the final role. These services include romedation to address lead -based public health risk factors, outside of lead in water, including evaluation and remediation of lead paint, dust, or soil harards; testing for blood lend levels; public outreach and education; and emergency protection measures, like bottled water and water filter, in areas with an action level excesdance for lead in water in accordance with the Environmental Protection Agency's Lead and Capper Release Further, Treasury had determined that certain capital expenditures, including improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint), are eligible responses, although this does not 'ea5m, ag.. CanteraforD easo Coned and Prwaseian„ Comically Hoolta Work, round, hap.://w,v.ouc.gvv/dfach opubdravlkn/ Mwirolkahou 0.1 elided November a. 20 u. ,xwimnmantal Pretedim, Agvin ,ae CTH rai..ubsur hessfew..sufrgov/umtvnmia.-ao/ chapterhisuidmpar-D/porl lar/aubpara-ression ILLea. include construction of new facilities for the purpose of lead remediation. Recipients should make sure that all capital expenditures adhere to the standards and prssumpptiona detailed in section Capital Expenditures in General Provisions: Other. c. Medical facilities. Treasury received a few comments from recipients seeking to use SLFRF funds to build new medical facilities, each as hospitals or public health clinics, to serve disproportionately impacted communities. Given the clinical role of access to high -quality medical care in reducing health disparities and addressing the root causes that led to disproportionate impact COVIR38 bmltb impacts in certain communities, the final rule recognizes that medical equipment and facilities designed to address disparities in public health outcomes are eligible capital expenditures. This includes primary care clinics, hospitals, or integrations of health services into other settings. Recipients, should make sure that all capital expendual adhereto the standards and pers.7i tti ns detailed in section Capital Expenditures in General Provisions: Other. 2. Housing vouches and assistance mlaeating In addition to other housing services, the interim final role permitted assistance to facilitate household moves to neighborhoods with hixh levels of economic opportunity ea mobility for low-income residents. Examples could include SLFRF-funded analogues to Section 8 Housing Choice vouchers; other kinds of rent subsidies, including shallow subsidies; and programs to help residents move to areas with higher levels of economic mobility.189 Treasury did not receive public comments on these enumerated eligible uses. Treasury Response: Treasury maintains the eligibility of vouchers and relocation assistance in the final rate, 3. Building strong, healthy communities through investments in neighborhoods. While the interim final rate Included a category of enumerated eligible uses for "building stranger communities through investments in housing and neighborhoods," the examples of services provided generally focused on housing uses. In response to question. following raises. of the interim final Is, Treasury issued wgea.e.nity maim ts.Gmiln[tdavee .womod'a 'Asgard 201a1. noel. oppmtuniMnafgabsg/Pdiry/ameM. further guidance clarifying that "invedure re in perks, public plaras. and other public outdoor recreation spaces may be responsive to the needs of disproportionately impacted communities by promoting healthier living environments." Public Comment General: A significant theme across many public comments was the importance of neighborhood environment to health and economic. outcomes and the potential connections between residence in an underserved neighborhood and dispproportionate impacts from the pandemic. Many commenters highlighted the connection between neighborhoods and health outcomes, including citing public health research finking neighborhood traits to health outcomes. Far example, the CDC abates that "neighborhoods people live in have a major impact on their health and well-being."rvo As such, CDC identifies "neighborhoods and built environment" as one of five key social determinants of health tsi and includes "creat[ing] neighborhoods and environments that promote health and safety" as one of the agency s goals for social determinants of health outcomes. a. Neighborhood features that promote improved health and safety outcomes. Public Comment: Commenters esgued that ueighburhuuda impact phyeical health outcomes in several ways. First, same commenters reasoned that the physical environment and amenities in a community's' influence a person's level of physical activity, with features like parka, recreation facilities, and safe sidewalks promoting increased physical activity that improves health outcomes. Conversely, commenters, argued that a lack of these features in a neighborhood could dampen physical activity and contribute to health conditions like obesity that are risk factors for more severe COVID-18 health outcomes. Second, some commenters also suggested that access to healthy food in a neighborhood impacts health outcomes. These commenters reasoned "U.S. Uepaderva cellmlth and xwnan Somim. Nei[waancaa and emu gnvirmmml, anps✓/hmua ga./ wslncighW,/vbiev M-band a—hrourrovenbicmiost/isi[a Noriscdns,%resr- enAon nc visitedulth ar"Bar xp2t). °�' Svcialarthdenrrmnema of a®Ith p.If-, vondiii it miteeamawhere.mole adheaam. wmk.endplrythata(is awidemrgaofAmarh rudeenswtmmm"CaMma rvr vicar Cuntml and idi(Sc (Scrap. hH clovies pmem,umnn of xaelth(spent.oan.h /) dan sbgadlaaami dvaominwrs/vavatFrml (Ill vasYted Wvvmber e. Mil). ar In public or the, this is named to as "built mutt (artuounc. W de phyaiml eepoda d as fushis . aamve. euudin8e, elmete. open apem,end lnfivaUuctun). Federal Register/Vol. 87, No, III/Thursday, January 27, 2022/Rules and Regulations 4373 that lacking �its quem access m affordable, healthy food or living to a "food desert" may contribute to disparities in diet that influence health outcomes, including contributing to pre- existing conditions that increased risk far severe GOV10.19 outcomes. Thus. commenters cited public health research finding "clear evidence for disparities in food access in the United States by income and race."'es Some commenters also suggested that neighborhood environment is connectod to whet public health outcomes, like mental health and public safety. For example, aome research suggests that living in neighborhoods with green space and tree coven correlates with improved mental health outemn.s.'s, Finally, some commenters argued that activities like installing streetlights, greening or cleanup of public spaces or land, end other efforts to revitalize public spaces would support improved public aefety.195 iss These commenters recommended that Treasury include as an enumerated eligible use in disproportionately impacted communities projects to develop neighborhood features that promote improved health and safety outcome., each as parks, grean.pac., nature, inclu connected to aw Seen e.g., bowmen Green Adulte:A mortality and illness and increased well-being.'"' Urban park use during the COVID-19 pandemic may have declined among lower -income individuals.tes Encouraging physical activity ran also play a role in health outcomes, as a sedentary lifestyle is a risk factor for chronic dim... and more severe COVID-19 outcomes.'"N Parks, recreation facilities, and sidewalks can p smote healthier living environments by allowing for safe and socially distanced recreation during the COVID- 19 pandemic. Additionally, food insecurity rates, which are higher among lower -income households and households of color, doubled among all households and tripled among households with children during the onset of COVID-d9 from February 2020 to May 2020.E Improving healthy food access supports public health, particularly among lower - income households and households of color that face disproportionate outcomes. Treasury Response: Treasury recognizes the connection between neighborhood built environment and physical health outcome8 as discussed in the research and analysis provided by commenters, including risk factors that Rs that increase access disproportionate COVID-19 health streetlights, impacts in low-mrnme, rommunities. weep, end other The fmal rule also recognizes that the s, can work to safety challenges like miss of violent and mental health crime, which are correlated with A sg people access to neighborhood's built environment sad parks, has been features. A. such, neighborhood features .md levels of that promote improved health and safety outcomes respond to the pre- wre n. s ctmW,A existing disparities that contributed to to eaaem. rws-mm, free COVI0.19's disproportionate impacts cos, hacs/—adeyww an 10W-income communities. ne.muieH® b'Mental —See Anemia Pulshlk Health Afecciation. ee8.. ndw3),hd through Accurate andpatiorei mdiverf b®IN NerveiNoenabor NNmmlNovembioveya]I,httprAaww.re,. rg/ taareM ],MCxondo,tM polionandadvmrncY/pub)icheolrA plicp rtreemenrJPaLmµddmale/SachomOa/0oo- r�gAevlfTand wcllnaee-througA-otterrlo dty-nwdN o'ninmfia, name. nature. NWr Veber Pak UmisombllM .LAMA efforts. o. eID-19 Padenic 1bv10.medodmoic:amsadmayvulnaze,F a.02e2. t. u,sugmne sammuniam 3:7102mlimutefyimgtteof argI awteln. cltW ]:)]029212m11. LfgY9/doi.oeg/ W-Agyemu", e. an, +^ Sem.0 ap LUt Cownl an.fYnem, ds fphydcn,sevam Rev nda im is17.M1e mIA52(2Nnl activity. Nat 17. t2%%. 95I.212n211, httPe l/doi.aeg/]e.]Wfl/fi9)99- lm.anainnl71 I.wo 9.. 021v r. nod.. g... are deodim Gave. and Caeol lamer, eeymd motel neogn. is. to 'faoddmaood Ameki,ge , "Mot hdsanew abnyHn 7, , etive msa 1011noap) hg-flo ,eduvre —lob. 2mU.Lap-:/Avxw.LmWing.edWresevrcl✓Leyand- I'd axe /rnfa0)/mlo9aa fooppantsed-jime-syl.aanew aPPe°amhta maPPi^$(o,M'invecurily/ The final role includes enumerated eligible uses in disproportionately impacted communities for developing neighborhood features that promote improved health and safety outcomes, such as parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks.'^' projects that increase access to healthy foods, streetlights, neighborhood cleanup. and other projects to revitalize public spaces. Recipients seeking to use funds for capital expenditures should refer to the section Capital Expenditures in General Provisions: Other, which desuibea additional eligibility standards that apply to uses of funds for capital expenditures. b. Vacant or abandoned properties. As discussed above, the Interim final role included enumerated eligible uses for building stronger communities through investments in housing and neighborhoods in disproportionately impacted communities. The interim final role also posed a question of whether other potential was in this category, specifically "rehabilitation of blighted properties or demolition of abandoned or vacant properties," Add.. the ppublic health or economic imppacts of the pandemic. Pubfie Comment Several commenters argued that programs or services to add.. vacant or abandoned property would respond to the public health and negative economic impacts of the pandemic in disproportionately impacted communities. Some commenters cited research suggesting that living now such property is correlated with worse physical health and mental health outcomes, noted that hazard, or argued that such present a barrier to moms These commenters .ugeeatf vacant or values. operstion of land bank. that redevelop or renew vacant properties and land. Treasury Response: As noted throughout the final rulethe pandemic underscored the importance of safe. affordable housing and healthy am However. T aaeuey even.—,ienle tbm gmuN innunuctu a developmm4 ind.ding.mwt coed mnmudiagnmalm a geamdly tnellaibie e of food, eadee the flood one. S.dewehe end pedntean safety dbaold be am pmdominnt compywnt of umd offwdd to tbia enamor. mobs" pmlene mry Iwlud. endion, cone mcaon needed to emot. rho poadomimn component. a p o xi this prods aineady involvm ormt mmtmoim e, ,area to benefit vehicular tram, world be ,nN{gible. 4374 Federal Register/Vol, 87, No. 18/Thursday, January 27, 2022/Rules and Regulations neighborhood environments to public health and acoromic outcomes. Treasury agrees with commenters that high rates of vacant or abandoned properties in a neighborhood may exacerbate public health disparities, for example through environmental contaminants that contribute to poor health outcomes or by contributing to higher rates of crime. As such, certain services for vacant or abandoned properties are eligible to address the public health and negative economic impacts of the pandemic on disproportionately impacted households or communities. Eligible activities include: Rehabilitation, renovation, maintenance, or costs to secure vacant or abandoned properties to reduce their negative impact • Costs associated with acquiring and securing legal title of vacant or abandoned properties and other costs to position the, property for current or future productive use • Removal and remediation of environmental contaminants or harards from vacant or abandoned properties. when conducted in compliance with applicable environmental laws or regulations Demolition or deconstruction of vacant or abandoned buildings (including residential, commercial, or industrial buildings) paired with greening or other lot improvement as part of a strategy for neighborhood revttallzafion a Greening or cleanup of vacant lots, as wall as other efforts to make vacant loft safer for the surrounding community • Conversion of vacant or abandoned properties to affordable housing a Inspection fees and other administrative costs incurred to ensure compliance with applicable environmental laws and regulations for demolition, greening, or other remediation activities Vacant or abandoned properties are generally those that have been unoccupied for an extended period of time or have no active owner.'°s Such properties may be in significant disrepair (e.g., major structural defects: lack of weather tight conditions; or lack of useable plumbing, kitchen facilities, electricity, or heating infrastructure (not to include utilities currently out of service or disconnected but able to be modur ecled and weelf), or may be declared unfit for inhabitants by a government authority. As noted above, demolition and greening (or other structure or lot remediation) of vacant or abandoned properties, including residential, commercial, or industrial buildings, is an eligible use of funds. T7eoeury encourages recipients to undertake these activities as part of a strategy for neighborhood revitalinalion and to be used this eligible use should benefit current residents and businesses, who experienced the pandemic's Impact on the community. Treasury encourages recipients to be aware of potential impacts of demolition of vacant or abandoned residential properties. Demolition activities that exacerbate the pandemic's impact on housing maecurityy or lack of affordable housing are not eli ''his uses of funds. This risk is generally more acute in jurisdictions with low or reasonable vacancy rates and has acute in jurisdictions with high or hyper- vacmcy.'° AmaHmnC -unity Survey fl-ymhvrimmv, foe mullerg®gaphic arum. or tabWall-aI Wa Department of Houston and Urban Development Treasury presumes that demolition of vacant or abandoned residential properties that results in a net reduction in acceptable housing units for low- and moderate -income individuals in an area where the availability of such housing is lower than the need for such housing would exacerbate the impacts of the pandemic on disproportionately impacted communities and that use of SLFRF funds for such activities would therefore be ineligible This includes activities that convert occupiable housing units for low- and moderate - income individuals into housing units unaffordable to current residents in the community. Recipients may assess whether units are "occupiable" and what the housing need is for a given market are occupiable. Recipients should also take all reasonable steps to minimize the displacement of persons due to activities under this eligible use category, especially the displacement of low-income households or longtime residents. Recipients engaging in these activities and other construction activities with SLFRF funds should be mindful of the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as emended, 42 U.S.C. 4601. and the Department of Transportation's implementing regulations, 49 CFR part 24, that apply to projects funded with federal financial assistance. such se SLFRF funds. Recipients should also be aware of federal, state, and local laws and regulations, outside of SLFRF program requirements. that apply to this activity. Recipients must comply with the applicable requirements of the Uniform Guidance regarding procurement, contracting, and conflicts of interest and must follow the applicable laws and regulations in their jurisdictions. Recipients must also comply with all federal, state, and local public health and environmental laws or regulations that apply to activities under this eligible use category.2°a for example, requirements around the tame on Unlmd tame. Prowl Servlcr. Wuncy new. Sea mpeuiwly. horn, 11dolmneuss.govhadaeil lQWu?�DPa4sfld,-ACSDP5Y20r9.m04a brdePreWn—lom or hdit Y ww.hudwe,g 1 parkeldmmeol—ps Mml. • Sae R& 4 ...... —mel Pusaxion Annecy. Iugo-Scele Rmldentlel Demolabn, h,,W cowi-need /lv,gneml>remd)fir,. amol- N. nalloi s that may a, parr) fro a primme mluiremmb that may apply. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4375 handling and disposal of asbestos - containing materials, lead paint, and other harmful materials may apply, as well as environmental standards for any backfill materials used at demolition sites. Treasury enmuragea recipients to consult and apply best practices from the Environmental Protection Agency as well. Recipients must eval note each subrecipient's risk of noncompliance with federal statutes, regulations, and the terms and conditions of the subaveard related to safely and properly conducting activities under this eligible me. This may include checking for any past violations recorded by state or local environmental, workplace safety, licensing, and proem amen) agencies, as well as regular reviews for suspensions, debarments, or stop work orders. Recipients must establish rigorous oversight and internal controls processes to monitor compliance with any appplicahis reeqq ' merits, including compliance by sabrecipients. 4. Addressing educational disparities. The interim final role included an enumerated eligible use for addressing educational disparities in disproportionately impacted communities and outlined some enumerated eligible services under this we. These enumerated uses included early learning services, assistance to high -poverty school districts m advance equitable funding across districts and geographies, and educational and evidence -based services to address the academic, social, emotional, and mental health needs of students. Addressing the many dimensions of resource equity — including equitable and adequate school funding; access to a well-rounded education; wall -prepared, effective, and diverse educators and staff; and integrated support services,en also begin to mitigate the impact of COVIH- 19 on schools and students and can close long-standing gaps in educational opportunity. As discussed above, in the fired role, early learning services and addressing the impacts of lost instructional time for K-12 students are enumerated eligible uses for impacted communities, not just disproportionately imported communities. Public Comment: Treasury received some comments in this category. Generally, commenters expressed agreement with the elements of the interim final rule regarding use dfunds for addressing educational disparities. Some commenters had questions about whether a few specific uses of funds qualified under this category. For example, comments. inquired about whether the funds could be used for behavioral health in a school setting in cultural language classes. Treasury Response: Treasury is maintaining these enumerated eligible uses in the final rule, which are now organized under the Treading of "services to address educational disparities." Treasury reiterates that these uses include addressing educational disparities exacerbated by COVI0.19. including but not limited to: increasing resoureas far high -poverty school districts, educational services like tutoring or afterechool programs, summer education and enrichment programs, and supports for students' social, emotional, and mental health needs. This also includes responses aimed al addressing the many dimensions of resource equity — including equitable and adequate school funding; access to awell-rounded education; well -prepared, effective, and diverse educators end staff; and integrated support services —in order to close long-standing gaps in educational opportunity. Further, Treasury is clarifying that improvements or new construction of schools and other educational facilities or equipment are eligible capital expenditures for disproportionately impacted communities. Recipients seeking to use funds for capital expenditures should refer to the section Capitol Expenditures in Gemara] Provisions: Other for additional eligibility standards that apply to uses of funds for capital expenditures. Treasury notes that services to promote healthy childhood environments, including childcare, early learning services, and home visiting programs that serve infants and toddlers, is a separate category of enumerated eligible uses for households impacted by the pandemic (see eligible uses for "promoting healthy childhood environments"). Similarly, education services to address the impact of lost instructional time during the pandemic are a separate eligible use category for households impacted by the pandemic; when providing these services, recipients may presume that any K-12 student who lost amass to in -person incoan.n fora significant period of time has been impacted by the pandemic and is thus eligible for es ,madve services (sea eligible uses for ['addressing the impact of lost instructional time"). Proposed Additional Enumerated Eligible Uses Not Incorporated The interim final rule posed a question on what other types of services or costs Treasury should consider as eligible uses to respond to the disproportionate public health or negative eronomic impacts of COVI0. 19 on low-income populations and communities. In response, commenters proposed a wide variety f.dditimul recommended enumerated eligible uses to assist disproportionately impacted households, ranging from general categories of services (e.g., long-term investments to remediste long-term disparities) to highly specific examples of services (e.g.. a specific type of healthcare equipment). As discussed above, Treasury is including several additional categories of enumerated eligible uses in the final rule in response to public comments. Given the large number and diversity of SURF recipients, Treasury's approach to assistance to households in disproportionately impacted communities in the final role aims to provide enumerated eligible uses that respond to disproportionate impacts of the pandemic experienced widely in many jurisdictions across the country d are intended to simplify and clarify these enumerated eligible uses. Al the same time, Treasury recognizes that the impacts of the pandemic vary over time, by jurisdiction, and by population; as such. the final rule provides flexibility for recipients to identify additional disproportionate impacts to additional households or classes of households and pursue pmgreme and services that respond to those disproportionate impacts. In the rival rele, Treasury has not chosen to include as enumerated uses all uses proposed by commentemo given the significant range, and in some cases highly specific nature, of the proposed uses Treasury was not able to assess that the proposed uses would respond to disproportionate impacts experienced in many jurisdictions across the country. .up ant ng an enumerated eligible use available to ell recipients presumptively. However, the final rule continues to provide a framework to allow recipients to identify and respond to additional dispropmilonato impacts (for details, see eaction General Provisions: Structure and Standards). Some types of proposed additional enumerated eligible uses fa assistance to households in disproportionately impacted communities were recmnmended by several commenters: • Capital expendimes. Many commenters recommended that capital expenditures on many different types of public and private facilities be enumerated eligible uses. For clarity, Treasury hes edd...d all comments on the eligibility of capital expenditures on property, facilities, or equipment in one 4376 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations .action (a.. section Capital employment'°^ The negative outlook the pandemic ere rooted in systemic Expenditures in General Provisions: for small businesses has continued: As issues present even before the Other). of November 2021, approximately 66 pandemic. For example, before the a Equity funds. Several commenters percent of small businesses reported economic deve t en, only 12 percent of recommended that Treasury permit that the pandemic has had a moderate Blackown al businesses and 19 percent SLFRF funds to be deposited into an or large negative effect on their of Hispanic -owned businesses had equity fund to support long-term racial business, and over a third expect that it annual earnings of over Sl million and economic eqquity investment^. The will take over 6 months for their compared to3l percent of white -owned eligibility of s nel"i a would depend on business to return to their normal level businesses."° Minority -owned the specific structure and uses of funds. of opperations.'°° businesses were also overrepresented in Under the statute, SLFRF funds can This negative outlook is likely the industries hit hardest by the economic only support costs incurred until result of many small businesses having downturn (e.g., services, transportation December 31, 2024; see section faced periods of closure and having seen and warehousing, healthcare end social Timeline for Use of SLFRF Funds in declining revenues as customers stayed assistance, administrative and Support Program Administration Provisions. home.210 In general, small businesses and waste management, end Further, recipients may calculate the can face greater hurdles in accessing accommodation and food servicesy217 .at incurred with respect to credit,21+ and many small businesses Approximately 22 percent of all investments in revolving loan funds were already financially fragile at the minority -owned business fell into the based on the methodology described in outset of the pandemic.212 hardest hit industries compared to 13 section Treatment of Loans in Program While businesses everywhere faced percent of nonminorityowned Administration Provisions. Projects significant challenges during the businesses.219 funded by a revolving loan fiend using pandemic, minority -owned and vary Although disparities in annual SLFRF funds would also need to be small businesses have faced additional revenue are not a direct indication of a eligible uses of SLFRF funds. obstacles. Between February and April business's ability to weather an e Environmental quality and climate 2020, the number electively self- economic downturn, they do highlight resilience. Several commenters employed Black business owners other disparities that make it more recommended eligible uses to enhance decreased by 41 percent.213 During that challenging for these businesses to environmental quality, remedial¢ same time period, Asian and Latino survive the effects of the pandemic. pollution, promote recycling or business owners decreased by 26 and 32 Black -owned startups, for example, face composting, m fnereaae energy Farman, respectively, compared to a 17 larger challenges in raising capital, efficiency or electrical grid resilience. percent decrease in white business including securing business loans.2'^ Whether these projects respond to the oweers.211 Female business owners also saw significant impacts, with bustneseea Summary of the Interim Final Rule and disproportionate impacts ofthe pandemic on certain communities owned by woman falling by 25 Final Rule Structure or ld depend on the specific issue they ParcenL 215 Many of the disparities in how Summary oJlnterim Final flu/e: As discussed above, small businesses faced address and its nexus to the public health and economic impacts of the minority beat.. owners experienced significant challenges in covering pandemic. payroll, mortgages or rent, and other 'm lt-1.1 W➢mnm, Us. small ➢name.. operating coats as a result of the public Jr. Assistance to Small Businesses adrimamnnn ors®ofAde-S., Me➢6eme of health emergency and measures taken to nd the WAD-19 enamor on Small Sitmemn. Lon. ➢nd... te Bear.Znill, nominate nl he,11 cOnlBln the Spread Of the VlNa. UnderBackgRo The pandemic has severely impacted Nn.adrttmry.abm.gov/wpmmm�Uuptmd4zOzt/ °Lp2rla.era/cnV1D-m mpvo. nS ^all. Sections 802(c)(11(A) and 603(c)(1)(A), recipients may "respond to the public many businesses, with small businesses Namee.pdj. health emergency or its negative hit especially hard. Small businesses makeup nearlyhalf of U.S. private- — U.S. cn.w amaen, srwl anemone Nl.e Sue ,,rye://poomeenagm'/Wlavdatul U. economic impacts;' by, among other mina, providing essistanm lo. ll n6" sector employment z°a end play a key a 2nxr1. ,,.tied tat.DecS, Kim end olnu s, mind m WL.e e smell businesses." Accordingly, the role in supporting the overall economicam2 PP ng Unmee en name. 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Federal Register/Vol, 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4377 "small business" is defined as a business concern or other organization that: (1) Has no more than 669 employees m, if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates; and l2) Is a small business concern es defined fn section 3 of the Small Business Act (15 U.S.C. 632). Specifically, the interim final rule provided that recipients may provide assistance to ...It businesses to adopt safer operating procedures, weather periods of closure, or mitigate financial hardship resulting om the CAVID-19 public healih emergency, including: a Loans or grentsto mitigate financial hardship such as declines in revenues or impacts of periods of business closure; a Loans, grants, or in -kind assistance to implement COVI0.19 prevention as mitigation tactics: end • Technical assistance, counseling, or other services to insist with business planning needs. The interim final rule further provided that recipients may consider additional criteria to target assistance to busineewa in need, including small businesses. Such criteria may include businesses facing financial insecurity. substantial declines in gross receipts (e.g., comparable to measures used to assess eligibility for the Paycheck Protection Paegam), or aim economic harm due to the pandemic, as well as businesses with less capacity to weather financial hardship, such as the scralleal businesses, those with less access to credit, or those serving underserved communities. The interim final rule she indicated that recipients should consider local economic conditions and business data when establishing such criteria. Finally, the interim final rule posed a question on whether there are other services or casts that Treasury should consider as eligible uses to respond to the disproportionate impacts of COV10.19 on low-income populations and communities. Final Rulc Stricture: Consistent with the interim final ode approach, the final rule provides a non-whauethm list of enumerated eligible uses for assistance to small businesses that are impacted or disproportionately impacted by the pandemic. Further, within Assistance to Small Business, a recipient may also identify a negative economic impact experienced by email businesses and design and implement a response to that negative economic impart, beyond the uses specifically enumerated in the final rule. according to the standard described in the section Standards: Identifying a Negative Economic Impact. A recipient may also identify small businesses that have been disproportionately impacted by the public health emergency and design and implement a program that responds to the source of that disproportionate impact. Consistent with other eligible use categories to respond to the public health and economic impacts of the pandemic, recipients may identify and serve small businesses that experienced a negative economic impact or disproportionate impact due to the pandemic, as described in the section Standards for Identifying Other Eligible Populations. For example, to identify impacted smell businesses, a recipient may consider whether the small businesses faced challenges in covering payroll, mortgage or rent, or other operating costs as a result of the public health emergency and measures taken to contain the spread of the vims. In order to ease administrative burden, the final rule presumes that small businesses operating in QCTs, small businesses operated by Tribe] governments or on Tribal Leads, and small businesses operating in the U.S. territories were disproportionately impacted by the pandemic. Reurganizotkaw and Cruse - References: As detailed above, Trot" has re -categorized some uses of funds in the final rule to provide greater clarity. For discussion of assistance to small businesses and impacted industries to implement COVID-19 mitigation and prevention strategies, we section COVID-19 Mitigation and Prevention in Public Health. Small Businesses Eligible for Assistance Public Comment Treasury received many comments about the general benefits or drawbacks of use of SLF'RF funds to provide assistance to small businesses. Some commantere suggested that SL1W funds should be available to seals] all erns]] businesses, rather then only businesses that experienced direct negative economic impacts due to the public health emergency. Other commenters argued that aid to small businesses should be narrowed in the final rule, asserting that SLFRF funds should instead Focus on assistance to households or building public sector capacity. Treasury also received comments aralwating'clarification of the types of small businesses eligible for assistance. For example, some commenters requested clarification about whether microbtagrosses were included in the definition of small business. Comments also suggested that self-employed individuals and Tribal enterprises be classified as small businesses, mspeclively. Grammarians argued that these types of small businesses are more common among low-income and minority businessoveners and serve as important institutions in underearved communities. Finally, wine commenters suggested that Treasury permit broader enumerated eligible uses to assist small businesses in disproportionately impacted communities and generally strengthen economic growth in these communities. These commenters recommended that Treasury presume small businesses operating in QCCs are disproportionately impacted and eliggible for broader enumerated was. Trw.my Response: As discussed in the section Designating a Negative Economic Impact, in the final rule, recipients must identify an economic harm used or exacerbated by the pandemic on a small business or class f small businesses to provide services that respond. As discussed above, programs or services in this category most respond to a here experienced by a smell business or else. of smell businesses as a result of the public health emergency. To identify impacted small businesses and necessary rasp....ai aces, recipients may consider impacts such as ,.at avenue or increased coats, challenges covering paymll, rant or mortgage, or other operating costs, the capacity of a small business to weather financial hardships, and general financial insecurity resoling from the public health emergency. Recognizing the difficulties faced by small businesses in certain communities, the final rule presumes that small businesses operating in QCps, small businesses operated by Tribal governments or on Tribal lands, and small businesses operating in the U.S. territories were disproportionately impacted by the pandemic. This Presumption parallels the final 'tile's rapproach to azsislance to household., reflecting the are severe pandemic impacts in undorsorved communities and creating a parallel structure across different categories of eligible uses to make the structure simpler for recipients to understand and navigate. Treasury notes that recipients may also designate a class of small businesses that experienced a negative economic impact or disproportionate negative ammonite impact (a.g., microbusiwases, small businesses in certain economic aacloa), design an intervention to fit the impact, and 4378 Federal Register/Vol. 87, No. I8/Thursday, January 27. 2022/Rules and Regulations document that the individual entity is a member of the class. Additional information about this framework is included in the section General Provisions: Structure and Standards. Further, Treasury is maintaining the interim final rule definition of"small business," which used the Small Business Admint.natton's (SBA) definition of fewer than 500 employees, or per the standard for that industry, as defined by SBA. This definition includes businesses with very few employees, self-emplayed individuals, and Tribally owned busimeses?se Finally, Treasury at. that recipients may award SLFRF funds to many different types of organizations, including small businesses, to function as a subrecipient in carrying out eligible uses of fund. on behalf. of a recipient government be this case, a smell business need not have experienced a negative economic impact in order to serve as a subrecipfent. See section Distinguishing Subrecipients versus Beneficiaries for more detailed discussion of interactions with subreciphrus, in contrast to beneficiaries of assistance. Enumerated Eligible Uses for Assistance to Small Businesses Public Comment: Treasury received comments requesting clarification of the types of assistance available to small buaf resem. Far example, one commenter suggested that outdoor dining be an eligible use for SLFRF funds as assistance to small businesses. Other commenters asked for clarification about how SURF funds could be used to support new businesses end star aps. Several commenters requested clarification of whether and how recipients may provide services to business districts or downtown areas, particularly those that exist in whole or in part within a QLT, and requested reduced documentation of the specific negative economic impact for the businesses operating within those areas. Those commenters argued in favor of allowing redevelopment or other support, including capital investments, in business districts at ware nuln coped m —,I.,se, buemm. caned ma controlled bye Trlbelgnvmnmem w np conaldmed alfllieree of is.T@el government and ue nn.9dorM a fltbtr a of.1b., huainmaes wmd by the Tribal gwemment brume nl th..ir mahip by abe Tribal p ve—lm Iver".. mmreaeruenl, ea aasufli i in m mu rM.100fb119. Teri e,muron ir mniw,ni with We Smell Businau Adminimmm (SBA) Hlm v— delbatiou ore "emu0 bminma mnmen" mhnng to Tribal pveenmevLa ee we9 ea hnw Tibal vaSwwum.me (ss.nne bribe Srere Smellamiuna Gteaa cl). negatively impacted by COVID-19. Several commenters al. .,send that funds should be available to support and grow microbusinesses, or businesses with rive or fewer employes e, which are more likely to be owned by women and ppeople of color. Treasury Response: In the final rule, Treasury is maintaining and clarifying the enumerated eligible uses of funds far assistance to small businesses that are impacted or disproportionately ice actedby the panaemic. Pmpactrd smart businesses. Specifically, Treasury is maintaining enumerated eligible uses from the interim final role for assistance to impacted small businesses. These include but are not limited to: • Loans or grants to mitigate financial hardship such as declines in revenues or impacts of part ads of business closure, far example by supporting payroll and benefits casts, costs to retain employee., mortgage, rent, or utilities mats, and other operating costs; a Loam, grants, or inkindassistance to implement COVID-19 prevention or mitigation tactics (see section Public Health for details on these eligible uses); end • Technical assistance, counseling, or other aervicee to mafst with business planning needs. Treasury acknowledges a range of potential circumstances in which assisting small businesses could be responsive to the negative economic impacts of COVID-19, including for small businesses startups and microbusinesses and individuals seeking to start small or microbusinesses. For example: • As noted above, a recipient could assist small business startups or microbusinesses with additional costs associated with COVID-19 mitigation tactics; sea section Public Health for details on these eligible uses. • A recipient could identify and respond to a negative economic impact of COVID-19 on new small business startups or microbusinesses; for example, if small business startups or microbusinesses in a locality faced greater difficulty accessing credit then prior to the pandemic or faced Increased costs to starling the business due to the pandemic or if particular small busi... sea or microbusinesses had lost expected startup capital due to the pandemic. a The interim final rule also discessed, and the final rule maintains, eh'gthis case that provide support for individuals who have experienced a negative economic icepact from the COVID-19 public health emergency, including uses that provide job training for unemployed individuals. These initiatives also may support smell business start-ups, microbusinesses, and individuals seeking to start small or enicrubmimeaee. Disproportionately impacted small businesses. Additionally, Treasury agrees with commenters that disproportionately impacted small businesses may bent from additional assistance to address the sources of that disparate imppact. As such, the final rule provides a broader set of enumerated eligible uses for disproportionately impacted small businesses and/or small businesses in disproportionately impacted business districts. Recipients may use SURF funds to assist these businesses with certain capital investments, such as rehabilitation of commercial properties, storefront improvements, and f ewde improvements. Recipients may also provide disproportionately Impacted microbusinesses additional support to operate the business, including financial, childcare, and transportation suppports. Rsep rate could also provide technical assistance, business incubators, and grants for start-ups or expansion costs for disproportionately impacted small businesses. Note that some of these types of assistance an similar to those eligible to respond to small businesses dial experienced a negative economic impact ("impacted" small businesses). However, because the final rule presumes that some small businesses were disproportionately impacted, these enumerated eligible uses can be provided to thane businesses without any specific asseesment of whether they individually experienced negative economic impacts or disproportionate impacts due to the pandemic. Gross -References: Recipients providing assistance to small businesses for capital expenditures (i.e., expenditures on property, facilities, or equipment) should also review the section Capital Expenditures in General Provisions: Other, which describes eligibility standards that apply to capital expenditures. Recipients should ala. note that services to address vacant or abandoned commercial or industrial properties am addressed in section Vacant or Abandoned Properties in Assistance to Households. Loans to Small Businesses Public Comment: Treasury received many comments requesting clarification on using SLFRF funds to establish funds that provide loans to small businesses. For example, commenters sought clarification of how eligible use Federal Regfsler/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4379 requirements and applicable dates for SLFRF Ponds would apply to third party organizations (like economic development organizations) who receive SLFRF funds in order to establish a loan fund. In additfou, commenters requested clarification on what requirements apply to loan programs with available funds remaining after December 31, 2024. Treasury Response: SLFRF funds may be used to make loans, including to small businesses, provided that the loan is an eligible use, and the cast of the loan is tracked and reported in accordance with Treasury's Gain lience and Reporting Guidance. Funds that am unobligated after December 31, 2024 most be returned to Treasury. See section Treatment of Loan. for more information about using SLFRF finds for loan programs. c. Assistance to Nonprofits Background: Nonprofits have faced significant challenges because of the pandemic, including increased demand for services and changing operational needs.221 Prior to the pandemic, the median U.S. nonprofit reported that it had Stx months of cash on band.--- This varied by sector, however, with some sec eve like disaster relief organizations reporting a median of 17 months cash on hand, and ethers, like mental health and crisis intervention organizations reporting only three months.223 Evidence suggests that the pandemic has damaged the financial health of nonprofits, with small nonprofits, which lend to rely more heavily on donations than large nonprofits, reporting relatively larger declines ot donations — 42 percent versus 29 percent, respeodially.zsa Among nonprofits that collect fees for services, the median revenue amouot collected from such fees fall by 30 percent from 2019 to 2020, with ads organization experiencing a 50 percent decline.''' Nonprofits also experienced significant jab losses. While employment fn the nonprofit sector has recovered from its low point in 2020, as of November 2021. u, Sea e.g. faded Rmmve seek or ban t4misca. Impacts ofCOVID-19 on Nanpro6te in the wenem United states (Mry 2020). blip,// I fide,ig/eilemmuninvemalo'noutbanal •_• Philanthropy and COV10.19: Measuring one year of Store, C-did and IM Genres for meaner Phnammnpr (2eal). heandhwww.imehadbuq/ rcesIs a39/3aard'ay.. old. ==a Eambeth T. Doris noel.. Nonprofit Trends and Mpecu non. Urban lru'nmte (avabar 7, m91), hapelill bon, aditrase.mn/111vimereal wproNrrendeonM1imy.nca0v/view/fu11_ rePon. =vie. the sector remained 485,000 jobs below its pre -pandemic level.220 In addition, some nonprofits may have experienced declines in volunteer staffing during the pandemic.227 At the same time, nonprofits provide a hoar of services for their communities, including helping Americans weather the multitude of challenges presented by the pandemic. The ARPA and the interim final Is recagniand this dichotomy —nonprofits as entities that have themselves been negatively impacted by the pandemic and as entities that provide services that respond to the public health and negative economic impacts of the Banderole on households and others —by creating two roles for nonprofits. First, under Sections 602(c)(1)(A) and 603(c)(1)(A), recipients may "respond to the public health emergency or its negative economic impacts," by, among other activities, providing "assistance to .. nonprofits." The interim Feral rule defined registence to nonprofits to include "loads, grants, inkind assistance, technical assistance in other services, that responds to the negative economic impacts of the COVID-19 public health emergency;' and "nonprofit" to mean a tax-exempt organization under Section 501(c)(3) of the U.S. Internal Revenue Code.'"" Second, as dburessed above, ARPA and the interim final rule provided that nonprofit organizations may also receive funds as Subscriptions of a recipient government (i.e., a government that received SLFRF funds); suhrecipients terry out en as use of SLFRF funds an behalf of a recipient government (e.g., a recipient government that would like to provide food assistance to impacted households may grant funds to a nonprofit organization to carry out that eligible use). Recipients generally have wide latitude to award funds to many types of organizations, including nonprofit or for -profit organizations, as suhecipients to carry out eligible uses of funds on their behalf. For further infatuation, on distinguishing between beneficiaries and suhrecipients, as well as the impacts of the distinction on capering and other requirements, see section Transient of Funds and section Distinguishing Subscriptions versus Beneficiaries under the Public Health e•oC.ltelsea NewMuro, COVN-m and UPDATE, NOVEMBER 2021: N®pmfin add jest rnm join in November. Gover for av115ocWy SNdles at IoMt Napkins Univeredy Caeembw 10, 2021). hap I/ —in. adurn,—ber-no,-other ear anagoth T Burin v 9. super not, 229 at P. a. =•agasalwnm,ne. and Negative Economic Impacts eligible usecategory.aa Reorganization and Coms-References: Under the interim fuel rule, assistance to disproportionately impacted communities was o separate, stand- alone category. The final rule reorganizes the disproporRodate impact analysis within the sections Assistance to Households, Assistance to Smell Business, and Assistance to Nonprofits to better articulate how recipients can serve disproportionately impacted beneficiaries in each of those categories. As detailed above in the Public Health subsection, in response to public comments describing uncertainty on which eligible use category should be used to assess different potential units of funds, Treasury has re -categorized some uses of funds in the final rate to provide greater clarity. For discussion of assistance to nonprofits to implement COVID-19 mitigation and prevention strategies, see section COVID-19 Mitigation and Prevention in Public Health. Recipient. providing assistance via nonprofits involving capital expenditures (i.e., expenditures on properly, facilities, or equipment) should ale. review the section Capital Expenditures in General Provisions: Other, which dandifies eligibility standards for these expenditures. Recipients providing assistarim in the form of loans should review the Section Treatment of Loans, Public Comment: Eligible Assistance to Impacted unit Disproportionately Impacted Nonprofits: A few commenters asked Treasury to be more explicit in the final rule that recipients may use funds to provide relief directly to nonprofit organizations and to explain how nonprofits might qualify themselves for assistance and what expenses S1.FRF funds may be ..ad to mver.2sn Commenters requested that Treasury note that the pandemic is coneARPA 9. autee omdmr' arffe, Authority' the a goopfcat my tre,ukriundato e private mempmm mganieanom tech v Ome. theme in peregreph (17) of nction 401 of the Muttony state nomelme Auinanm not (42 US e 113MI17). Ste 602 ® 603(c)(3) of social Sawnty An. Seeaexion Transfers of Funds for ad mutual information an abler types ofe xaee, moment, mho forma of mon image, that may musom venues as Mile not rived ymGfirally in the mind. final mlo, the nepaamont dose oat.quire or have . prolumme v be the "bang air .. ter ampoule thatnander funds m tuhretlplwe (ng. advma paymm,b, reimmoseven, been, era:). Ulnmvoly. rctlpamt, roue, wmPly vnth it. eligible use tequiremenn and any other applicable lean or re,dremeMs and .,a —,.this to, the ameba of their eubeeelpi ebb or boundaries. 4380 Federal Register/Val. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations leading to a changing financial operating in Q(Ta, operated by Tribal benefci+riea, the organization ban.... landscape for nonprofits. governments or on Tribal Lange, or a subrecipient. In this case, a nonpmfit Treasury Response: Eligible operating in the U.S. territories ware need not have experienced a negative Assistance to Impacted and disproportionately impacted by the economic impact in order to serve as a Disproportionately impacted pavdemic. subrocipinnt. Nonprofits: The interim final Is To summarize, a recipient may In the context of SLFRF, nonprofits of provided for, and the final rate determine that certain nonprofits were all types may be subrecipients. Treasury maintains, the ability for recipients to impacted by the pandemic or wine is not restricting the types of nonprofits provide direct assistance to nonprofits disproportionately impacted by the that can operate as subrecipimmi, rather that experienced public health or pandemic and provide responsive allowing recipients to decide what form negative eommmlc impacts of the services. best meets the needs of their pandemic. Specifically, recipients may Public Comment: Beneficiaries and community. Therefore, a "nonprofit" provide direct assistance to nonprofits if Subrocipients: As noted elsewhere to that is acting as sulsomiplent could the nonprofit has experienced a public this final role, Treasury received include, but is not limited to, a health or negative economic impact as multiple comments expressing nonprofit as that term fa defined to a result of the pandemic. For example, uncertainty on how to categorize a paragraph U71 of section 401 of the if nonprofit organization experienced particular activity in the eligible use McKinney-Vento Homeless impacts like decreased revenues or categories. For instance, some Ami:time..1- See section increased coats (e.g., through reduced commenters requested that recipients be Distinguishing Subrocipients versus contributions or uncompensated able to use SLFRF funds far certain Beneficiaries for further information. increases in service need), and a expenses inured by nonprofits (e.g., Additional guidance on determining recipient provides funds to address that unemployment charges) as a response to subreciptent status may be found in the impact, then it is providing direct a public health or negative economic Uniform Guldance.2n assistance to the nonprofit as a impact to that nonprofit: others asked if Recipients may transfer funds to beneficiary under Subsection (c)(1) of nonprofits providing certain services subrecipients in several ways, including Sections 602 and 603. Direct assistance (e.g., social services) made them eligible advance payments and on a may take the form of loans, grents, in- for direct assistance. Commenters also reimbursement basis. Ultimately, kind assistance, technical assistance. or requested that Treasury acknowledge recipients most comply with the eligible other services that respond to the that engagement directly with nonprofit use requirements and any other negative economic impacts of the organizations in low-income applicable laws or uirements end ere OOVID-19 public health emergency. communities and communities admirer responsible for theactions of their A recipient may identify a negative may allow the recipient to better stages sularriplenis or beneficiaries. economic impact experienced by a nonprofit, or class of nonprofits, and economic harms in these areas. Treome, Response: Beneficiaries and As part of accepting the Award Terms design and implement a response to that Subrocipients: Treasury recognizes that and Conditions for SLFRF, each recipient agreed to maintain a confiiet- negative economic Impart, age section Standards: Designating a Negative many nonprofits play important rules in their communities, and same may have of -interest policy consistent with 2 CFR Economic Impact. The final rule experienced public health or negative 2M.3fa(c) that is applicable to all activities funded with the SLFRF award. provides a non -exhaustive list of enumerated eligible uses for assistance economic imparts during the pandemic. As such, under the interim final rule pursuant to this requirement. decisions to nonprofits that are impacted or and the final rule. nonprofits may be coviceming SLFRF funds must be fee of undisclosed personal or must organizational disproportionately impacted by the pandemic. impacted by the pandering, and receive assistance m a beneficiary, as described conflicts of interest, bath in feel and in A recipient may also identify a class above, and/or be a subracipient appearance. Recipients may avoid conflicts of interest in providing of nonprofits that have been disproportionately impacted by the providing services an behalf of a reciplenLrm assistance tP nonprofits or making public health emergency and design and Specifically, the interim final rule ind recipient awards by, inter Its, implement a program that responds to the seers of that disproportionate also allowed for, aad the final rule maintains, the ability for the recipient to making aid available to nonprofits on generally applicable terns or utilizing a impact. For example, a recippient may transfer, e.g., via grant or contract, funds competitive grant process, respectively. A recipient may not use control over determine that nonprofits oOering after- school programs with!. its jurisdiction to nonprofit entities to carry out an eligible use on behalf of the recipient. SLFRF funds for their own private gain. were disproportionately impacted by Treasury notes that recipients may Furthermore, no employee, officer, or agent may in the selection, the pandemic due to the previous In- award SLFRF funds to many di8erent participate person, indoors nature of the work end types of organizations to carry out award, or administration of a contract supported by a federal award if he or the nonprofits' reliance on fees received far services (e.g., attendance fees). The eligible uses of funds and serve beneficiaries on behalf of a recipient she has a real or apparent conflict of recipient might than design an intervention to assist those nonprofits in government (e.g., assisting in a vaccination campaign, operating a job interest. Public Comment Definition of adapting their programming (e.g., to training program, developing affordable Nonprofit: Treasury also received outdoor or online venues), their revenue housing). When a recipient provides several requests to expand the definition structure (e.g., adapting the fee for service structure or developing expertise funds to an organization to cony out eligible uses of funds and serve of nonprofits so that other tax-exempt entities (e.g., 501(c)(7)s, 501(c)(9):, in digital donation campaigns), or both. 561(c)(19)s, nonprofits with "historical Additional information about this =•• Rote, this response is insane d..ay use framework is included in Gemmel dia+mna tat— no"pmfid+e b+mffd+nm and `•` Sea eMi-. a021d(3) set Ma(.Xa) of W+ Provisions: Structure and Standards. In andSt ndard. ^Onpmfil. e..nbe«ipisnn.0 ie nor meem m emu lberypw of rul.fiomhipethma•«Ipl+m may sate. social Sorme, Art. S. oho Smmn 4.1 untie MCKinreyvemo xomelew Ankes—M 142 Provisons:¢aucturet the final rule presumes that nonprofits into with. nouproNse permined under the omrmm Gmdea«. M&C- 2136IX17). which dean+.."pnvxa m Peac...g.mmnam" Federal Register/Vol. 87, No. 18l Thursday, January 27, 2022/Rules and Regulations 4381 significance") could be eligible for direct assistance as beneficiaries. Treasury Response: Definition of Nonprofit: The final ode expands the definition of nonprofits to mean 501(c)(3) organizations and 501(c)(19) orga iizetions.xss The 591(c)(3) classification includes a wide range of organizations with varying charitable or public service -oriented goals (e.g., housing, food assistance, job training). As discussed above, these nonprofit organizations often experienced hardship due to increased needs for services combined with decreased donations and other sources of funding. In response to comments, Treasury has expanded the definition of nonprofit to include 501(c)(19) organizations, which includes veterans' organizations, to provide recipients more Flexibility and in alignment with the definition of nonprofit adopted by the CARES Ad, wherein 501(c)(3)s and 501(c)(19)s were eligible for owi dence.ass Public Comment: Reporting Requirements: One commenter asked Treasury to clarify if nonprofits that receive direct assistance as beneficiaries are required to comply with guidelines and reporting requirements. Treasury Response: Reporting Requirements: Nonprofits that receive direct assistance as beneficiaries are not subrecipients under SLFRF and are therefore not required to comply with SURF reporting requirements. However, the recipient must comply with SURF reporting requirements, which would require reporting obligations and expenditures for assistance to nonprofits. The recipient may also choose to establish other forms of reporting or accountability as a part of the recipient's direct assistance program. A nonprofit entity that receives a transfer from a recipient is a sebrecipient. Per the Uniform Guidance, subrecipients must adhere to the same requirements as recipients. Therefore, a nonprofit t ubrecipienl may only receive funds ta may out an eligible use of SLFRF funds and most comply with any reporting and compliance requirements. Note that recipients are ultimately responsible far reporting information to Treasury and must collect any necessary us§ 35.3 Qe6nitions. 235rosue ,v ovshleed exp ndbg doe dN1nitlou af..np3om m lodud. swing.) mPenioauom, ea Cunlovs ].no did in da. Caosiddi dae.p000 and Consolidated Apprvprutions Ad of 2031, bw ultinutely Ltdal m main no, oAgInal CARES Ad definition. To the wnmt impacted by the pendnmiq s.1(009 mgennminna may be.1 able m sordo. rondo to support eligible noun that ali®, with 11.,, .o 11 impio e.�o ; �.immdi ptamooim, I..ld of information from their subrecipients to complete required reporting. d. Aid to Impacted Industries The interim final rule allowed for "aid to tourism, travel, and hospitality, and other impacted industries" that responds to the negative economic impacts of the COVID-19 public health emergency. In designating other impeded industries, Treasury specified that recipients should consider the "extent of the economic impact as compound to tourism, travel, and hospitality" and "whether impacts were due to the COV10.19 pandemic, as apposed to longer -term economic or industrial trends unrelated to the pandemic."am Treasury identified declines m employment and revenue as possible marries to compare the economic impart on a particular industry relative to the tourism, travel, and hospitality industries. Treasury further provided that out should be limited to businesses, attradirms, business districts, and Tribal development districts 237 that were operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. Examples of eligible aid include assistance to implement COVID-19 mitigation and infection prevention measures, aid to support safe reopening of businesses in these industries, as well as aid for a planned expansion or upgrade of murism, travel, and hospitality facilities delayed due to the pandemic. The interim final role and Treasurys subsequent Compliance and Reporting Guidance also required governments to publicly report assistance provided to private -sector businesses under this eligible use and maintain records of their assessments to facilitate tradepamncy and accountability. Reorganization end Cross -References: As detailed above, Treasury has car categorized some uses of funds in the foal rele to provide greater clarity. In the interim final rule, aid to impacted Industries to implement COVID-19 mitigation and prevention strategies was categorized under Aid to Impacted Industries; the final role addresses these items under the section COVI0.19 Mitigation and Prevention in Public Health. Recipients should also is aware of the diFleunnce between beneficiaries 3s(]srd o ima Sine end Loul Fiaral Reoowmy Fund+, a9 FRet 2619s Fmedeanitbnd Irrihldwelopet diadem."plemes FAQ2.9attbn(altoii: rmmuwims Sin, v,d Lrc 1 Floral Recovery Foods, Janis 11hlw,e rreo dy,onhalod y.fdolpfooll3V w. xx: SURPFAQ.pdf of assistance and subrecipients when working with impacted industries; for further information, see section Distinguishing Subrcipienls versus Beneficiaries. Designating an Impacted Industry Public Comment: Many commenters requested greater clarity on how, to designate "other impacted industries" within their jurisdiction. Commenters requested greater specificity as to the metrics used to memo. impact, with some suggesting metrics such as the change in the size of an industryes workforce due to the pandemic., as well as consideration of whether and by employees are choosing to return to work at slower rotes in certain industries. One commenter asked if this meant nearly every industry was "disproportionately impeded." Some commenters encouraged Treasury to focus on industries most negatively impacted by the pandemic. including disallowing across-the-board business subsidies to businesses that were not negatively impacted by the pandemic and saw revenue or profit growth. Other commenters asked for flexibility for recipients to determine impacted industries based on their looel knowledge of the economic landscape. Treasury Response: The final rule maintains the interim final rim's approach of allowing recipients to designate impacted industries outside the travel, tourism, and hospitality industries, and, in response to comments, provides greater clarity as to how recipients may designate such impeded industries. Sections 602(c)(1)(A) and 603(c)(1)(A) recognize that the tourism, travel, and hospitality industries sun severely negatively impeded try h. pandemic. Under the final rule, recipients may provide eligible aid (described in further detail herein) to the tourism, navel, and hospitality industries. Treasury considers Tribal development districts, which are commercial centers for Tribal hospitality, gaming, tourism, and entertainment and can include Tribal enterprises, as part of the tourism, travel, and hospitality industries that have been severely hit by the pandemic. Tiodefoun, Treasury reaffirms that Tribal impacted industries and recipients may provide eligible aid to them. To identify other industries comparably impacted to the tourism, travel, and hospitality industries, recipients should undertake a two-step process: Identifying an industry and determining whether that industry is comparably impacted. 4382 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations First, recipients should identify an industry to be assessed. In identifying this industry, the final rule providdes recipients the Flexibility to define its substantive or geographic scope.ase Recipients may identify a broad sector that encompasses a number of sub- industries, or they may identify a .Pacific mb-industry to be assessed. Far example, is recipient may identify "personal one services" as an industry, or they may identify a mom specific category within the "personal rare services" industry (e.g.. barber shops) as an industry. In defining the industry, Treasury encourages recipients to define narrow and discrete industries eligible for aid. Recipients am not required to follow, but may consider following, industry classifications under the North American Industry Classification System (NAILS). Treasury notes that the larger and more diverse the sector, the more difficult it may be to demonstrate that the larger and less specific sector is negatively impacted in the same way given the scale and diversity of businesses within it. Stele m territory recipients may also define. came industry with greater geographic precision than state or territory -wide. For example, a state may identify a particular industry in e certain region of the state that was negatively impacted by the pandemic, even if the some industry in the at of the... did not a" a meaningful negative economic impact from the pandemic. Stale recipients oversee large .ad diverse industries, sometimes with differences in economic activity between geographic regions. Allowing greater geographic precision allows recipients to target aid to those that need it most. ensuring that stole averages do act conceal hard-hit areas in their state. Second, to determine whether the industry is "impacted," recipients should compare the negative economic impacts of the public health emergency on the identified industry to the impacts obsmved on the tiniest, tourism, and hospitality industries. 1. Simplified test. An industry is presumed to be impacted if the industry experienced employment lass of at least 8 percent. Specifically, a recipient should compare the percent change in the '°Onw an Industry is deelgmied as impacted, aid should be generally brwdly available to buviti"', in the hndugry the, gnelity. Rrcipwro. shunld document haw they darned the seat, of their Unwary and how they determined that the ivdwtry ws impachad. For... a ad Imrneriee. thla inClndw daanmenthlg theirlasifflu ion for eannmg a mtmnwent inaunrywith Seater germ' a precision emn state or tertirory-wide. number of employees of the recipient's identified industry and the national Leisure & Hospitality sector in the three months before the pandemic's meet severe impacts began (a straight three month average of seasonally -adjusted employment data from December 2019, January 2020, and February 2020) with the latest data a. of the final rule release (a straight three-month average of seasonally -adjusted employment data from September 2021, October 2021. and November 2021).as0 The r ationel Leisure & Hospitality sector largely represents the national travel, tourism, and hospitality industries enumerated in the statute. According to the Bureau of Labor Statistics, ereployment has fallen by approximately 8 percent for the national leisure & Hospitality sector when comparing the most recent three- month period available as of the date of adoption of the final role to the Dead - month period immediately before the public health emergency. Therefore, if the identified industry has suffered an employment loss of at least a percent, the final rule presumes the industry to be an "impacted industry." For panty and simplicity, smaller recipients without employment data that measure industries in their specific Jurisdiction may use data available for a broader unit of government for this calculation (e.g., a county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is located) solely for purposive of determining whether a particular industry I. an impacted industry. 2. If simplified test is not met. If an frohni y, does not satisfy the test above or date are unavailable, the recipient may still designate the industry as impacted by demonstrating the following: a. The recipient can show that the totality of relevant major economic indicators demonstrate that the industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries at the time of the publication of the final rule, and that the impacts were generally due to the COVID-19 public health emergency. Example economic indicators include gross output, GDP, net profits, employment levels, and projected time to restore employment back to pre -pandemic levels. Recipients may rely on available economic date, government research t"Notional Lo4un aHospi nifty suparsedor employment data can he found on the U.S. shown of Labor Salads websilo'. U.S. Suisse of Labor Swim n, L.1sure and Hospitality. bef s:/r www-0la.ghvlinghpli.,oterat flan visited Oesembsr7.2021). publications, research from academic sources, and other quantitative sources for this determination. . Ifqurimitativa date is unavailable, the recipient can rely on qualitative data to show that the industry is experiencing comparable or worse economic impacts as the national tourism, travel, and hospitality industries, and the impacts were generally due to the C0VI0.19 public health emergency. Recipients may rely on sources like community interviews, surveys, and research from relevant state and local government agencies. As the public health emergency and economic recovery evolves, recipients should assess how industry impacts shift over time. Impacted industries may recover in a short period of time and no longer face a negative economic impact; in those circumstances, the recipient should ensure that the extent and length of aid is rationality proportional to the negative economic impact that is experienced, as detailed further below and in .action General Provisions: Structure and Standards. Recipients may add to their list of impacted industries by showing that the negative economic impacts to the industry at the ifine of the designation are comparable to the negative economic impacts to the notional tourism, travel, and hospitality sectors as of the data of the final rule adopt!.., as detailed here!.. Eligible Aid Public Comment: Commenters asked for further clarification as to the definition of eligible aid to an impacted industry, with many requesting that a broad range of aid be eligible. Examples of aid that recipients asked to be considered eligible include aid to businesses to cover COVID-19 mitigation costs and planned renovations or improvements to tourism, travel, and hospitality facilities, im well as marketing and m- kind incentives to attract visitors. Commenters also asked about the eligibility of aid to broadly cover lasses incurred by facilities such as convention centers and hotels data to the pandemic's economic impact. Commenters also asked for further clarification about the requirements related to private -sector reporting. Further, some commenters asked for clarification about eligible aid to impacted industries owned end operated by Tribal governments, including for Tribal construction projects that have been delayed due to the pandemic's economic impacts, and for deference to Tribal determinations of negative economic impacts. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4383 Treasury Responsean response to conflicts of intereat.rav Treasury Loans in Program Administration commenters' requests for clarification encourages recipients to design aid Provisions. on eligible aid, the final rule requires programs such that funds are first used that aid to impacted industries, for operational expenses that era including to Tribal development generally recognised as ordinary and districts, be designed to address the ec awry fro the recipient's operation, harm experienced by the impacted such es payroll, before being used on industry. other type. of costs. As noted in the First, recipients should identify a negative economic impact, i.e., an economic harm, that is experienced by businesses in the impacted industry. Second, recipients should select a response that is designed to address the identified economic harm resulting from or exacerbated by the public health emergency. Responses must also be related and reasonably proportional to the extent and type of harm experienced; uses that bear no relation or are grossly disproportionate to the type or extent of berm experienced would not best ible eeligible uses. Recipients should consider the further discussion of this standard provided in the sections Standards: Designating a Public Health Impact and Standards: Designating a Negative Economic Impact. These responses may take the form of direct spending by recipients to promote an industry or support for businesses within an "impacted" industry that experienced a negative economic Impact (e.g., through a great program). Examples of eligible responses include: Aid to mitigate financial hardship due to declines in revenue or profits by supporting payroll costs and compensation of returning employees for lost pay and benefits during the COVID-19 pandemic, on well as support of operations and maintenance of existing equipment and facilities, such a. at, leases, and utilities; • Aid for technical assistance, counseling, and other services to assist with business planning needs; and • Aid to implement GDV10.19 mitigation and infection prevention measures, such as vaccination or testing programs, is broadly eligible for many typw of entities, including travel, twrism, hospitality, and other impacted industries. Recipient. providing old to impacted indeslrlea for COVID-19 public health measures should review the section Assistance to Businesses to IM formal COVID-19 Strategies in Public Health, which describes types of eligible uses of funds in this category. To address the identified harms, responses (e.g., aid through a grant program) should be generally broadly available to all businesses within the impelled industry to avoid the risk of self -dealing, preferential treatment, and section General Standards: Structure and Standards, new of funds that do not respond to the negative economic impacts of the pandemic, each as excessive compensation to employees, is ineligible. The final role maintains the interim final rule's requirement that aid may only be considered responsive to the negative economic impacts of the pandemic if it supports businesses, attractions, end Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemle. Further, to facilitate transparency and mci untability, the Mal .Is maintains the interim final rule's requirement that recipients publicly report assistance provided to private -sector businesses under this eligible use, including tourism, travel, hospitality, and other impacted industries, and its connection to negative economic impacts of the public health emergency. Recipients also should maintain records to support their maessment of how businesses receiving assistance were affected by the These impacts. g aid to impacted for capital governments providing aid to Tribal development districts, should also review the auction Capital Expenditures in General Provision: Other, which describes eligibility standards that are applicable to these expenditures, depending on the type of aid. Red bad. providing assistance in the form of loans should review, the section Treatment of eunraro. 4. General Provisions: Other As noted above, the final mle consolidates into a General Provisions section several types of was of funds; in the interim final rule, the eligibility of these uses of funds was discussed within specific categories of eligible was for public health and negative economic impacts. Treasury anticipates that this re -organization will enhance recipient clarity in assessing eligible uses of fund.. These General Provisions apply across all uses of funds under public health and negative economic r S 7scle. pacifically, this section considers eligible uses for: • Public Sector Capacity and Workforce, which includes several separate and non -mutually exclusive categories articulated in the interim final mle: public health and safety staff; rehiring stale, local, and Tribal government staff; expenses for administering COVID-19 response programs; expenses to improve the efficacy of public health or economic relief programs; and administrative expenses caused or stormbound by the pandemic. Treasury recognizes that these are closely related and frequenfly overlapping categories. The final role treats them as a single purpose, supporting public sector capacity, and provides coordinated guidance on the standards and presumption that apply to them. • Capital Eximinfi ices, which was addressed only under Public Health in the interim final role. The final role moves this expense to General Provisions sod provides more clarity on the eligibility of capital expenditures across all expects of the public health and negative economic impacts eligible use category. • Distinguishing Subreei ' is versus Benefiefoloc., which describe. the differences between these two categories. Recipient governments responding to the public health and negative economic impacts of the could on the addresses interim final ml.. Thee uses of fund. remain ineligible under the final role, but Treasury has re -categorized where they am addressed, as described below. 4384 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations This section also addresses enumerated eligible uses proposed by commenters had Treasury has not incorporated into the final rule. Recipients should also note that the Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly called the "Uniform Guidance') generally applies to SLFRF. a. Public Sector Capacity and Workforoe Public Safety, Public Health, and Human Services Staff Summaryoflnterlm Final Rule: Under the interim final chip, funds may be used for aavroll and covered the covered benefits eligible to be covered, if the employee, or his or her operating unit or division, is "primarily dedicated" to responding to COVID-19, meaning that more than half of the employee, unit. or division's time is dedicated to responding to COVID-19. Recipients may consider other presumptions for assessing the extent to which an employee, division, or operating unit is responding to COVID- 19. Recipients ..at periodically reemees. their determination and maintain records to support their assessment, such as payroll records, attestations from s 1pervieor d or staff, or regular work product or ubfa empmen: wines, and advice f SI.PRF made,—ipievu mar final rele a bali d pd or at descred iblea. feud awevx, when less due correspondence; recipients need not track staff hours. The interim final rule also paced a question on haw long recipients should be able to use funds for staff responding to COVID-19 and what other...aures or presumptions might Treasury consider to assess the extent to which public sector staff are engaged in COVIII-19 response in an easily administrable manner. Treasury also provided lumber guidance on the types of employees covered by this category of eligible use. state officers, and those who directly support such employees such as dispatchers and supervisory personnel. Public health employeesrse would include employees involved in providing medical and other health services to patients and supervisory personnel, including medical meff.,eigned to schools, prisons, and other such institutions, and other support services essential for patient care (e.g.. laboratory technicians, medical examiner, or morgue staff) as well as employees of public health departments directly engaged in matters related to public health and related supervisory personnel. Human services staff include employees providing or administering social services; public benefit.; child welfare services; end child, alder, of family are, as well as others." Public Comment: Measuring Time Spent on COVID-19 Response: Treasury received public comments on several components of this eligible use category. Many commenters argued that it poses an administrative burden to identify the extent to which staff am responding to COVID-19 and to maintain records to support that assessment. Largely citing admirdstrative burden in..sewing eligibility, several commenters recommended revision. to the administrative convenience that the bill payroll and covered benefits for public health and safety staff "primarily dedicated" to responding to COVID-19 may be paid with SLERF funds. Some commenters recommended presuming that all public health and safety staff are primarily dedicated to COVID-19 response, while others proposed that public health and safely workers who primarily serve QCrs or low- and moderate income areas be presumed to be primarily indicated to COVID-19 211 Note that this category me®ep caw both public health and health care employers; bah zee treated as public hatmnployeae for no p,,7.' a of di"allole use cidn". response, given the disproportionate impacts of the pandemic in those communities. Similarly, Tribal communities recommended that their public health staff be presumed eligible due to the disproportionate impact of the pandemic on their communities. Some commenters proposed that they be able to use the administrative convenience for staff outside of public health and safety that are responding to COVID> 19 (i.e., to be able to pay the full payroll and covered benefits for any staff "primarily dedicated" to COVID- 19 rasp....). Treasury Response: In the final rule, Treasury is maintaining the approach in the interim final rule, including elaborations issued in further guidance, but providing additional clarification on its application, including methods to apply the approach to minimize administrative burden. Treasury notes that recipients may assess the extent to which staff are dedicated to responding to COVID-19 through a variety of means, including establishing prmsumpliona or assessing public health and safety staff at the division or operating unit level. For example, a recipient could consider the amount of time spent by employees in its public health department's epidemiology division in responding to COVH0.19 and, if a majority of its employees are dedicated to responding to OOVB�19, determine that a entire division is primarily dedicated to responding to GOVID-19. Treasury also clarifies that recipients may use reasonable estimates to establish adminfatrable presumptions; for example, a recipient could estimate based on discussions with staff, the general sham of time that employees in a specific role or type of position spend on COVID-19 related tasks and apply that share of time to all employees in that position. Recipient. am generally required to be his to support uses of SLERF funds as eligible, including, in this instance, staff are primarily dedicated to responding to COVID-19. Aa noted above, recipients may use reasonable estimates to implement this provision. Recipients should maintain records on how they developed these estimates and need not track staff boom. Treasury notes that records retained can include payroll record. (fig., the number and type of staff in various positions), attestations from supervisors or staff (e.g., self -attestation of where of time spent an COVI0.19), or regular work product or correspondence (e.g., calendars, email coresspoudence, documents, and that electronic Federal Register/Vol. 87, No. 18/Thursday, January 27. 2022/Rules and Regulations 4385 records). Treasury anticipates that these example, responding to COVID-19 for a administrative convenience that SURF types of records are generally retained public safety worker may entail working funds may be used for the full payroll in many government settings; recipients in an emergency operations center to and revered benefits ofpublic health should also consult the Award Terms coordinate pandemic -related supply and safety staffpchearily dedicated to and Conditions for SURF funds for distribution, responding to an increased COVID-19 response. Several requirements on length of record retention. For example, a recipient could establish a reasonable presumption about the share of time that an employee, division, or operating unit is responding to COVRI-19 and simply retain those employces' electronic records as a record to support their assessment. Public Carrousel. Public Health and Safety Staff Primarily fha llen ed to COVID-19 Response: Some commentere recommended expanding the administrative convenience for public health and safety staff primarily dedicated to COVID-19 response to tudher types of staff, to all public health and safety staff, or to public health and safely staff serving underaerved cress. Treasury Response: The interim final rule recognized that COVIO-19 response continues to require substantial staff resources and provides an administrative convenience to make it relatively simpjar to identify the eliggibility of the types of workers — public health and safety workere— generally ..at involved In COVID-19 response. At the same time, many perform miss maelawd to COVID-19; coverage of all roles would be overbroad compared to the workers responding to COVID-19 in actuality. For this reason, the final rule maintains the interim final mis's approach to permitting SLFRF funds to be used for public health end responding to COVID-19. Finally, to the lent that a greater proportion of public health and safely staff time is needed to respond to COVID-19 in disproportionately impacted communities, the "primarily dedicated" approach recognizes this increased need. Public Comment: Eligible Types of COVID-19 Response: Some public commentere also sought further clarification on how to identify eligible types of "COVID-19 response." For response from general public health or For volume of 911 calls, or imp lamenting COVIO-19 prevention and mitigation protocols in a commal setting. Public Comment: Eligible Employees: Some commenters requested clarification on the types of eligible employees or expansion of eligible employees to include additional types of staff, including in behavioral health; administrative, management, or financial management Positions; social services; morgue staff; and nonprofit staff supporting projects to undertake .it R ble uses of funds under SI.PRF. Treasgllesponse:Treasury provided further guidance on eligible types of employees following the interim final role, which receressly included social services and morgue Treasury services as provision only addresa- employees of the recipient government responding to COVI0.19. For discussion of eligible as on oenai see section a Program management, and financial management personnel to support public health and safety staff responding to COVH0.19 are not permissible under this provision, given the relatively greater challenge of differentiating the marginal increase in staRtime and workload due to pandemic response for indirect versus direct costs. Public Comment: Time Period: Finally, some commenters made recommendations on the time period during which this eligible use should be available. Same commenters recommended efistil ility begin before to incur costs using iacusaion of this As noted a question in far how Funds was tied has an active slat. a1 emergency. Treasury Aesponse: In the final rule, Treasury is clarifying that recipients will be permitted to fund the full Payroll and covered benefits of public dedicated to W VR1-19 response throughout the period of performance for the SLFRF program, though recipients should periodically reassess their determination of primarily dedicated staff, including as the public health emergency and response evolves. Government Employment and Rehiring Public Sector Staff The interim final rule permitted use of funds for costs associated with rehiring state, local, and Tribal government staff in order to bolster the government's ability to effectively administer services. Specifically, recipients may pay far payroll, env ... d benefits, and other costs associated with the recipient increasing the number of its employees up to the pre -pandemic baseline, or the number of employees that the recipient government employed on January 27, 2020. Public Comment: Many commenters requested greater flexibility and additional clarification on the prevision's requirements, including the pre -pandemic baseline and re -hiring process. Some commenters requested that the final rule allow for hiring above the pre -pandemic baseline given historic underinvestment in the public sector workforce. Commenters suggested a number of adjustments to the pre - pandemic baseline, including adjusting based on population or revenue growth, while some recommended allowing recipients to set their own hiring levels. Others requested clarification on the definition of the baseline and the re- hiring process, including whether the pre -pandemic baseline referred to budgeted or filled positions and whether new him bad to fill the same roles as the previous hires. Commenters also asked whether recipients need to show if the reduction in number of employees was due to the pandemic in order to qualify for funding and requested that workers dedicated to 4386 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations COVIO-19 response be exempted from the calculation of number of employees. Many commenters also requested an expanded set of eligible uses beyond maturing their workforce up to the pm - Fordable baseline. Commenters requested that funding be able to be used to avoid layoffs, provide back pay, retain employees through pay !...a and other retention programs, or reimburse salaries and benefits already paid. Some commenters also mquesled clarification as to whether recipients can fund re -hired positions through the period of performance end on tiro definition of payroll and benefl..Othin commenters requested preferential hiring for workers laid off, a strong commitment to equity, and a requirement that funds would not be used to pay for convect or temporary replacement workers during a labor dispute. Treasury Response: The fuel Is at Iowa for an expended set of eligible uses to restore and support public sector employment. Eligible uses include hiring up to a pre -pandemic baseline that is adjusted for historic umbrinwstment in the public sector, providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs. providing worker retention incentives, and paying for ancillary administrative costs related to hiring. bettering pre -pandemic employment. In response to comments and recognizing underinv sstment he public aecmI employment, the final role expands the ability to use SLFRF funds to restore pre -pandemic employment. Treasury is elan clarifying how, and the extent to which, recipients may use SLFRF funds to rehire public employers. The final rule provides two options to restore priv pandemic employment, depending on recipient's needs. Under the first and simpler option, recipients may use SLFRF funds to rehire staff for pro-pe demicpwi[ions that were unfilled or were eliminated due the pandemic without undergoing further analysis. Under the eoption, the final rule provides recipients option to him shove the pre -pandemic be baseline, by -paadjusting the prendemicbasaseliline for historical growth e, ass well sector employment over time, as wallas flexibility on roles for him. Recipients may otiose between these options but cannot use haft. To pursue the that option, recipients may use SLFRF funds to hire employees far dre same positions that existed on ll January at d 9. but that were unfilled oreliminated undergoing Marcher analysis. 2021, without undergoing further analysis. For December 31, ZOM and December 31, 2026. car. Uniform Guidance's Co This for would not like to hire above the pra- pandemic baseline. To pursue the second option, recipients should undergo the analysis provided below. In short, this option allows recipients to pay for payroll and covered benefits associated with the recipient increasing its number of budgeted full-time equivalent employees (M.) up W 7.5 percent above its pre -pandemic employment baseline, which adjusts for the continued underinvestment in state and local governments since the Great Recession. State and local government employment as a share of population in 2019 remained considerably below its .here prior to the Great Recession in 2007, which presented major risks to recipients mounting a response to the COVID-19 public health emergency. The adjustment factor of 7.5 percent results from estimating how much larger 2019 state and local government employment would have needed to be for the share of stale and local government employment to population in 2019 to have been back at its 2007 level and is intended to correct for this gap. Recipients should complete the steps desoribed below. Recipients may choose whether to conduct this analysis on a government -wide basis or for an individual department, agency, or authority. • Step One: Identify the recipient's budgeted FTE level on January 27, 2020. This includes all budgeted positions, filled and unfilled. This is ®]led he pre -pandemic baseline. • Step Two: Multiply the lab, pandemic baseline by 1,075 (that is,1 ♦ adjustment factor). This is celled the on Recipients may, but are not required to, exclude, Fi dedicated to responding to the COV70.19 public health emergenry.2" This is called the actual numberefFM —Ridpla ss may die—ba, thus portion den .vx a uma is damcitad to a spoodue to the COVm-19 public hwlth m ar,sony. Further, for admieideadso oosi—o ,me, the..Puna may • Step Four. Subtract the actual number of FM from the adjusted pm - pandemic baseline to calculate the number of FTEa that can be hired and covered by SLFRF tondo. Recipients may use SLFRF funds to cover payroll and covered benefit costs obligateby December 31, 2024, and expended by December 31, 2026, up to the number of FTEs calculated in Step Four, consistent with the Uniform Guidance's Coal principles at 2 CFR part 200 Subpart E. Reci Tents may only use SLFRF funds for additional FTEs hired over the March 3, 2021 level of budgeted FTEs (i.e., the actual number oFTEs); f note again that rec. tables may choose whether W conduct the analysis of FM that can be covered by SLFRF funds on a government -wide basis or for an individual department, agency, or authority. These FM must have begun their employment on or after March 3, 2021, which is the beginning aides period of performance. For administrative convenience, recipients do not need to demonstrate that the reduction in number of FTEs was due to the COVID- 19 pandemic, as Treasury assumes the vast majority of employment reductions during this time were due to pandemic end fiscal pressures on state local budgets. Recipients do not need to him far the same roles that existed pre - with 1,000 ]i Now, assume that 21. the racioient had 800 50 Me primarily dedicated to coding to the COVID-19 public It emergency. The recipient would the option of using either 800 FTEa 0 FTEs ee its actual number of able to tend up to 325 Fitts undo b12H funds fiber is, 1,075-750 = 325 FTEs). Federal Register/Vol. 87, No. IS/Thursday, January 27, 2022/Rules and Regulations 4387 Specifically, the recipient would be able to use SLFRF to fund payroll and covered benefits for up to 325 FTRs that begin (hair employment on or after Month 3, 2021, for costs obligated by December 31, 2024, and expended by December 31, 2026, consistent with the Uniform Guidance's Cost Principles, as long as SLFRF funds are used for additional FTFz hired over the recipient's 750 FTE level (which is its March 3, 2021 budgeted FIE level. In hiring new employees, the final into encourages recipients to ensure a diverse workforce. The final rule also prohibits recipients from using funds to temporarily fill positions during a labor dispute, as this would not constitute responding to the public health or negative economic impacts of the pandemic. Further, recipients must ensure that its hiring practices do not violate conflict -of -interest policies.245 Total compensation for a hired employee that is substantially in ..as of typical compensation for employees of their experience and tenure within the recipient's government, without a corresponding business rase, may indicate a potential conflict -of -interest in fact or appearance. Providing addlf. mil funding for employees who experienced payouts and furloughs. In recognidton of the economic hardship caused by pay cuts and furloughs, additional funds may be provided to employees who experienced pay cuts or were furloughed since the anent of the pandemic on January 27, 2020. Recipients must be able to substantiate that the pay cut m furlough moos substantially due to the public health emergency or its negative economic impacts (a fiscal fiscal pressures on state and local budgets) and should document their assessment As a reminder, this additional funding most be reasonably proportional to the negative economic impact of the pay cut or furlough on the employee, which would include lastng Into amount unemploymen( insurance (UI) benefits that a furloughed employee may have received during the furloughed period. Treasury presumes that additional funds beyond the difference to pay had the employee not received a pay cut or been furloughed would not be reasonably Proportional. Recipients may also provide premium pay to certain employees, as detailed further in section Premium Pay. Avoiding layoffs. Funds may be used to maintain rimmed compensation levels, with adjustments for inflation, in order to prevent layoffs that would otherwise be necessary. Recipients must be able to substantiate that layoffs were likely in the absence of SLFRF funds and would be substantially due to the public health emergency or its negative economic impacts (e.g., fiscal pressures on state and local budgets) and should document their "a ... meet. Retaining workers. Funds may be used to provide worker retention incentives, which are designed to persuade employees to remain with the employer as compared to other employment options. Recipients must be able to substantiate that the employees were likely to leave employment in the absence of the retention incentive and should document that, assessment. For example, a recipient may determine that a retention bonus is necessary based on the presence of an alternative employment offer for an employee. All worker entrance incentives must be narrowly tailored to mind and should not exceed in a 1' t d'ti 11 cn vas rat one y offered by the recipient or compensation that alternative employers may offer to compete for the employees. Further, because retention incentives are intended to provide additional incentive to remain with the employer, they must be entirely additive to an employee's regular rate of wages and other remuneration and may not be used to reduce or substitute for an employee's normal earnings. Treasury will presume that retention incentives that son lass than 25 percent of the rate of base pay for an individual employee or 10 percent for a group or category of employees are reasonably proportional to the need to retain employees, as long as the other r quincomits are met. Ancillaryodiumistmtive costs. Funds may be used to pay for ancillary administrative rusts associated with administering SLFRF-funded hiring and retention programs dmet above, including costs to publish job postings, review applications, and onboard and train new likes. For additional information on administrative expenses, see section Administrative Expenses in Program Administration Provisions. Effective Service Delivery: Adeninialrati ve Expenses The interim final role provided that funds mould be used for: Experrees to improve efficacy of public health or economic relief programs: Administrative costs associated with the recipient's tDV10.19 public health emergency assistance programs, including services msponding to the COVID-19 public health emergency car its negative monomic impacts, that are not federally funded." In the final rule, Treasury is clarifying that there are several categories ofeligible administrative expenses. First, recipients may use funds for administrative costs to improve the afficecy of public health or economic relief programs through tools like program evaluation, data analysis, and targeted consumer outreach (see section Effeed ve Service Delivery: Program Evaluation, Data, and Outreach). Second, recipients may use funds for administrative coats associated with programs to respond to the public health emergency and ie negative economic Impacts, including programs that are not funded by SURF or not federally funded. In other words, Treasury Motif Ines that responding to the public health and economic impacts of the pandemic requires many programs and aetivities, some of which she not funded by SLFRF. Fxamrnng these pmgrams effectively is a component of responding to the public health and negative economic imparts of the pandemic. Finally, recipients may use funds for detect and mefirect administrative coats for administering the SLFRF program and projects funded by the SLFRF program. See auction Administrative Expenses in Program Administration Provisions for details on this eligible use category. Effective Service Delivery: Program Evaluation, Data, and Outreach The Supplementary Information of the interim final rule provided that slate. local and Tribal governments may use SLFRF funds to improve the design and execution of programs responding to the COVID-19 pandemic and to improve the efficacy of programs addressing negative economic impact.. The interim heal rule included htgh- level guidance about how SLFRF funds could be used in this eligible use category, including the use of targeted consumer outreach, improvements to data or technology infrastructure, impact evaluations, and data analysis. Since the publication of the interim final rule, Treasury has also released 4388 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations supplementary information on data analysis, evidence building, and program evaluation in the Compliance and Reporting Guidance. Public Comment Treasury received positive comments about the opportunity In invest in data and technology upgrades with SURF funds. For example, one commenter noted that investing in technology for better connectivity, coupled with software and hardware upgrades, will allow the workforce to he more productive. Treasury also received comments seeking clarification on using funds for investments in data and technology, including whether upgrading government wabsites to improve community outreach and investing in technologies that support social distancing were eligible uses. Treasury Response: Governments with high capacity to use data and evidence to administer programs are more likely to be responsive to the needs of their community, more transparent about their community impact, and more resilient to emergencies such as the pandemic end its economic imp.m.s4e Treasury recognizes that collecting high -quality data and developing community -driven, evidence -based programs requires resources to hire and build the capacity of staff, adopt new processes and systems, and use new technology and cools in order to effectively develop, execute, and evaluate programs. As such, Treasury is clarifying that recipients may use SURF funds toward the following non -exhaustive flat of ucea to address the data, evidence, and program administration needs of recipients. Additional information may be provided in the Compliance suit Reporting Guidance. . Progam evaluation and evidence resources to support building and using evidence to improve outcomes, including development of Learning Agendas 247 to support strategic evidence building, selection of evidence -based interventions, and program evaluations including impact evaluations (randomized central trials and quasi -experimental designs) as well as repidcycle ova lualions, process or implementation evaluations, outcome evaluations, and cost-bonefit analyses. Recipients are encouraged to undertake Learning Agendas and value do.. to ensure that uances aze accurately and ly addressed, its ere also moo mead to use among other acumen, to assess the level of evidence for their interventions and identify evidence -based models that could be applied in their jurisdiction (meaning models with strong or moderate evidence; see Compliance and Reporting Guidance for details on these terms). a Data analysis resources to gather, assess. and use data for effective policy - making and real-time (racking of program performance to support effective implementation ofSLFRF- funded programs and programs that :.pond to the public health emergency and its negative economic impacts, or which households, smell businesses, or impacted industries are accessing during the pandemic that are funded by other sources. These resources include but are not limited to data gathering, data cleaning, data analysis, data infrastructure, data management, data sharing, data transparency, performance management, outenow.based budgeting, outcomes -based procurement, and other data needs. Treasury encourages the disaggrega/ion of data to identify disparate program impacts and the ua. of cross - jurisdictional data sharing to better measure and implement government programs, asu; ere duals —of amaa. neiaamy . Technology infrastructure resources to improve access to and the user - experience of government information technology systems, including upgrades to hardware ..it software as wall as improvements In public -facing wabsites or to data management systems, to increase public access and improve public delivery of government programs and services (including in the judicial, legislative, or executive branches). . Communilyoutreach and engagement resources to support the gathering and sharing of information in ways that improve equity and effective implementation of SLFRF-funded programs and programs that respond to the public health emergency and its negative economic impacts, or which households, small businesses, or impacted industries are accessing during the pandemic that are funded by other sources. These methods include but are not limited to community meetings, ordine surveys, focus groups, human -centered design activities, behavioral science techniques, and public sector a expertise of SLFRF-funded ograms that respond to a emergency and its during the pandemic that are funded by other sources. Administrative Needs Caused or Exacerbated by the Pandemic As described in guidance and the interim final rule, SLFRF funds may be used to address administrative needs of recipient governments that were caused or exacerbated by the pandemic. Guidance following the interim final role included several examples of this, for example, was of funds to address backlogs resulting from pundemic- related shutdowns (e.g., backlogs in court systems).249 This also includes r.S. FAQ2 19, em®avime stemnW lu®1 Fiscal eeweery nand., Fmgawdy Area Quenon. as nfely 29, 2021; haft ll home.m%—,,gov/aynamlpkalrsa/SIFMFAQ.pdf. In the— f-..aapaiflcally, this undardea tmplemenhng cOVlRla vfery urea vas to hainitate wart opmallons. Wring addlibnel can o.ff ar atmanoy, to ivcreue a,oad orcua Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/11ules and Regulations 4389 using funds for increased repair or maintenance needs to respond to significantly greater use of public facilities during the pandemic (e.g., creased use of parks resulting in damage or increased need for maintenance). Some commenters expressed support for the ability to use funds for these purposes. Treasury is maintaining these enumerated eligible uses in the final rule and clarifying that capital expenditures such as technology infrastructure to adapt government operations to the pandemic (a.g., video- conferencingsoftwem, improvements to case management systems or data sharing resources), reduce government becklogs, or ..at increased maintenance needs are eligible. b. Capital Expenditures The interim final role expressly permitted use of funds for a limited umber of capital expenditures that mostly pertained to COVI0.19 prevention and mitigation. These clinics; adaptations to public rgs to implement COVID-19 ion tactics; ventilation ements tu congregate servings, can witivgs, or other key ns; assistance to smell businesses nprofits and aid to impacted ies to implement COVID-19 tion or mitigation tactics, such as rl plant changes to enable social fog. For disormsetionateli, permitted development of affordable housing to increase the supply of affordable and high -quality living units. Public Comment: Many commenter; supported the interim final ride's allowance of capital expenditures in facilities to meet pandemic operational needs but requested that the final rule explicitly allow for a broader range of capital expenditures. Commenters expressed an intereat in investing in benefits beyond the SURF period of performance. Some commenters state that the approach in the interim final rule limited the vest majority of capit expenditures to governments that experienced revenue loss under Sections 602(e)(1)(C) and 603(e)(1)(C) and that this approach may prevent some governments from fully mecum the needs of their residents. A few —I.e.. arW uden eapwee ro evpadito cam menlutlan ve angiWe ram" commenters argued that Treasury should limit use of funds on capital expenditures not related to addressing a direct pandemic harm, such as general economic development or workforce development, and some expressed support for generally limiting capital expenditures to those that address the needs of low-income communities and communities of color. Many commenters requested that capital expenditures related [o dvect CAV10.t9 public health-aponse be included as enumerated eligible uses. The requested types of expenditures include improvements and construction of hospitals and health cloure (including behavioral health clinical, m wall as other health -related infrastructure improvements, such as improvements to medical equipment or public health information technology. These commenters stated that investments in health and public health systems are vital to ensuring critical infrastructure necessary to respond to continued impacts of COVID-19 or to address disparities in health, due to lack of access to health care, that contributed to disproportionate impacts of OovlD 19 on some communities. Further, some commenter: requested that construction or improvements ofemergency management and public safety facilities be deemed eligible, citing that some of these sites serve as remote vaccination sites or are otherwise crucial to the pandemic public health response. Commenters also requested use of funds for capital expenditures that support community needs apart from health care. such as new construction or improvements to schools, affordable housing (beyond presumed disproportionately impacted communities), childcare facilities, and community centers; some suggested that all types of projects permissible under the Community Development Block Grant Program should be eligible both for policy and administrability, reasons. Further, some commenters also asked for clarification as to whether parks and recreational facilities am eligible if built in certain disproportionately impacted areas, m well as public transportation infrastructure. Finally, some commenters also requested use of funds far capital expenditures in government administration buildings, such as public courthouses, ee well as technology infrastructure that would allow for remote delivery of public benefits. Others also asked about whether funds could be used to renovate vacant business district buildings or commercial spaces to spur economic recovery. Treasury Response: Capital expenditures, In certain cases, can be appropriate responses to the public health and economic impacts of the pandemic, in addition to programs and services. Like other eligible uses of SURF funds in this category. capital expenditures should be a related and reasonably proportional response to a public health or negative economic impact of the pandemic. The final rule clarifies and expands how SLFRF funds may be used for certain capital expenditures, including criteria and documentation requirements specified in this section, as applicable. Treasury provides presumptions and guidelines for capital expenditures that am enumerated earlier in sections Public Health, Negative Economic impacts, and General Provisions: Other under the Public Health and Negative Economic Imoect elfi ible use cateeory Treasury. In addition to vo-part framework in griming a Public Health etards: Designating a identifying and designing a response to a pandemic harm, Treasury will require Projects with total expected capital expenditure costs of $1 million or greater to undergo additional analysis to justify their capital expenditure. Increased reporting requirements will be required for projects that are larger in size, as well . projects that are not governments discussed below. Smaller projects with total expected capital expenditures below $1 million will not be required to undergo additional analysis to justify their capital expenditure, u such projects will be presumed to be reasonably proportional, provided that they are responding to a harm caused or exacerbeted by the public health emergency. These standards and documentation requirements are designed to minimize administrative burden while also ensuring that projects are reasonably proportional end supporting Treasury's risk -based approach to overall program management and monitoring. This section provides (1) an overview of general standards governing capital expenditures; (2) presumptions on capital expenditures, which help guide recipients in determining whether the expenditure meets the standards and the associated documentation requirements; and (3) additional standards and requirements that may apply. 4390 Federal Register/Vol. 87, No. IS/Thursday, January 27, 2022/Rulas and Regulations Overview of General Standards In considering whether a capital expenditure would be eligible under the public health and negative economic impacts eligible near category, recipients must satisfy the requirements for all uses under the public health and negative economic impacts eligible use category, including identifying an impact or harm and designing a response that addresses or responds to the identified impact or harm. Responses must be reasonably designed to benefit the individual or class that experienced the impact or harm and proportional to the extent impact or harm. Recipien consult further details on Designating a Public Health Impact and Standards: Designating a Negative Economic Impact under Gained Provisions: Structure and Standards. In addition to the framework described above, far pro)ecte with total expected capital expenditures of $1 million or greater, recipients must complete and meet the substantive requiramenis of a Written Justification for their capital expenditure, except for Tribal governments as discussed below. This Written JustfOcation helps clarify the application of this interpretive framework to capital expenditures, while mcognfzing that the needs of communities differ. In particular, this justification reflects the fact that the time required for a large construction project may make capital expenditures less responsive to pandemic -related needs relative to other type. of responses. In addition, as discussed in section Timeline for Use of SLFRF Funds of this Supplemental Information, SLFRF funds must be obligated by December 31, 2024 and expended by December 31, 2026. Capital expenditures may involve long lead-times, and the Written Justification may support recipients in analyzing proposed capital expenditures to confirm that they conform to the obligation and expenditure timing requirements. Further, such large projects may be less likely to be reasonably proportional to the harm identified. For example, construction of a new, larger public facility for the purpose of increasing the ability to socially distance generally would not be considered a reasonably proportional response compared to other less limo- and res ntrca-intensive, options that may be available and would be equally or more effective. Other solutions, such as improvements in ventilation, could be made more quickly and are typically more coat effective than construction of a new, larger facility. The needs of communities differ, and recipients are responsible for identifying uses of SLFRF funds that best respond to these needs. The Written Justification recognizes this while also establishing consistent documentation and reporting to support monitoring and compliance with the ARPA and final mto, Finally, the Written Justification also reflects the fact that infou"n ctum projects are generally not within snipe of this eligible use category. See an" ian Uses Outside the Scope of this Category in General Provisions: Other. As noted above, Tribal governments are not required to complete the Written Justification for projects with total capital expenditures of $1 million or greater. Tribal governments generally have limited administrative capacity due to their small sin and corresponding limited ability to supplement staffing for short-term programs. In addition,'1'ribal governments are already subject to unique considerations that require additional administrative processes and administrative burden for Tribal government decision making, including capital expenditures. Tribal governments ggeenerally aye subject to a jurisdictionalfy complex sets of rules and regulations in the case of improvements to land for which the title is held I. trust by the United States for a Tribe (Tribal Trust I snds).2sa This includes the requirement to certain circumstance. to seek the input or approval of one or more federal agencies such the Department of the Interior, which holds fee title of Tribal Trust Leads. As a result of their limited administrative capacity and unique and complex rules and regulations applicable to Tribal governments operating on Tribal Trust Lands, Tribal governments would experience e'gn ficaut and redundant administrative burden by also being required to complete a Written Justification for applicable capital expenditures. While Tribal governments are not required to earn hou the Written justfficiince for applicable capital expenditures, the associated sub. eartfve requirements continue to apply, Including the requirement that a capital expenditure must be reasonably designed to benefit the individual or class that experienced the identified impact or harm and must be related and reasonably proportional to the extent and type of impact or form. Note that, as a general matter, Treasury may also rwseszsus.asme. request further information on SLFRF expenditures and projects, including capital expenditures, as part of the regular SLFRF reporting and compliance process, including to ass.: their.] igrbilly under the final rule. The Written Justification should (1) describe the harm or need to be addressed; (2) explain why a capital expenditure is appropriate to address the harm or need; and f3) compare the proposed capital expenditure against alternative capital expenditures that could be made. The information required for the Written Justification reflects the framework applicable to al uses under the public health and negative ecanorme impacts eligible us category, providing justification for tiv reasonable design, relatedness, end expenditure in response to the harm or impact identified. L Description of harm or need to be addressed: Recipients should provide a description of the specific harm or need to be addressed, and why the harm was exacerbated or caused by the public health emergency. When appropriate, recipients may provide quantitative information on the extent and type of the harm, such as the number of individuals or entities iff est d. 2. Explanation of why a capital expenditure is appropriate: Recipients should provide an independent assessment demonstrating why a capital expenditure is appropriate to address the specified harm or need. This should include an explanation of why existing capital equipment, property. or facilities would be inadequate to addressing the ham or need and why policy changes or additional funding to pertinent programs or services would be insufficient without the corresponding capital expenditures. Recipients are not required to demonstrate that the hum or need would be irremediable but for the additional capital expenditure; rather, they may show that other interventions would be inefficient, costly, or otherwise not reasonably designed to remedy the ham without additional capital expenditure. 3. Comparison of the proposed capital expenditure against alternative capital expenditures: Recipients should provide an objective comparison of the proposed capital expenditure against at least two alternative capital expenditures and demonstrate why their proposed capital expenditure is superior to alternative capital expenditures that could be made. Specifically, recipients should assess the proposed capital expenditure against at least two alternative types or sizes of capital expenditures that are potentially effective and reasonably Federal Register/Vol, 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4391 feasible. Where relevant, recipients should compare the proposal against the alternative of improving existing capital assets already owned or leasing other capital assets. Recipients should use quantitative data when available, although they are encouraged to supplement with qualitative information and narrative description. Recipients that complete analyses with minimal or no quantitative data should provide an exploration for doing so. In determining whether their pro asscapital expenditure is superior to eltemetive capita] expenditures, recipients should consider the fallowing factors against each selected alternative. a. A comparison of the effectiveness of the capita/ expenditures in addressing the harm identified. Recippients should generally consider the effectiveness of the capital expenditures in addressing the harm over the useful life of the capital asset and may consider metrics such as the number of impacted or disproportionately impacted individuals or entities served, when such individuals or entities ere estimated to be served, the relative time horizons of the project, and consideration of any uncertainties tor risks involved with the Ttal expenditure. A comparison of the expected mind Pita] assets : health or of the oubl operational mention is not Further, reduces the effectiveness of the capital investment in addressing the harm identified. As an example, a recipient considering building a new diagnostic testing laboratory to enhance COVI0.19 testing capacity may consider whether existing laboratories sufficiently meet demand for OOVM-19 testing. considering the demand for test results (along with their turnaround time) as well as the impact of current testing availability on the spread of COVI0.19. Recipients may also consider other public health impacts of the level of diagnostic testing capacity, for example if insufficient capacity has decreased testing for other health conditions. The recipient may consider alternatives such as expanding existing laboratories or building a laboratory of a different size. In comparing the effectiveness of the capital expenditures, examples of factors that the recipient may consider include when the facilities will become operational and for how long; the daily throughput of COW0.19 tests; and the affect on minimizing delays in test results on the populations that such tests will serve. In comparing costa, the recipient may compare the total expected cost of the new laboratory (including costs of acquisition of real property. construction of the laboratory, and purchase of any necaseary, eqquipment needed to operalionalize the fah), against the expected mats of expending existing laboratories (whether by replacing torrent equipment with higher throughout devices or physically expanding space to accommodate additional capacity) or building a new laboratory of a different size, including by leasing property. As a reminder, recipients should only consider alternatives that are potentially effective and reasomably feasible. Because, in all rases, uses of SLFRF funds to respond to public health and negative economic impacts of the pandemic must be related and reasonably proportional to a harm caused or exacerbated by the pandemic, some capital expenditures may not eligible. For example, constructing a new correctional facility would generally not be a proportional response to an increase in We rate of certain crimes or overall crime as most correctional facilities have historically accommodated fluctuations in occuls ncy.rs1 In addition, construction of new congregate facilities, which would generally be expected to involve expenditures greater than $l million, would generally not be a proportional response to mitigate or prevent COVI0. 19, because such construction is generally expected to be more costly than alternative approaches or capital expenditures that may be equally or more effective in amortising spread of the disease."' These alternatives include personal protective equipment, ventilation improvements, utilizing excess capacity in other facilities or wings, or temporary facility capacity expansions. Large capital expenditures intended for general economic development or to aid the travel, tourism, and hospitality industries —such es ccinvendon renters and stadiums —are, on balance, generally not reasonably proportional to addressing the negative economic impacts of the pandemic, as the efficacy of a large capital expenditure intended for general economic development in remedying pandemic harms may be very limited compared to its cost.s+s Presumptions on Capital Expenditures For administrative convenience, the final role provides presumptions on whether a Written Justification is required —end required to be submitted to Treasury through reporting —based on the type and size of the capital expenditure, as detailed in the table below. As discussed above, Tribal governments are not required to complete the Written Justification for applicable capital expenditures, but the associated substantive requirements continue to apply, including the requirement that a capital expenditure most be memorably designed to benefit the individual or class that experienced the identified Impact or harm and must be related and reasonably proportional to the extent and type of impact or harm. roiand weoinnokddracthn nnnaedaleelw se Intention prevention end cnnwl. Men, of them onevessomd.11mm ue relmivel, low cat, tomb n props, m,of spa, in addition, increasing ee¢tmtion rare amov nmsl, home staff is amo, dbe most important ways do demaeae the spend of the divow. Co... for Elmaee comes) and Prevention, Interim INe@un prevention and Control eecommendanmm to Present SARs v- s armed in Nursing Home b sptembm le. s1sub hie sJowaaa Megav/c war neftdSma ---Merl Imy-sent<o herve'anehoe ,all drefscon, 's'Ft lames. ramedere base found no on heat positive rehnneWp beween iodates spode tandems and Intel ormear a development. As sieghi s! end zindedin (3000.la]) won, In a review nr Ne Iitermue,oremendent work on the re son ag,"Economic Paepecdlve tin Pmrondmm of Sporn Facilities and Their bramemnon and the Criminal lustme System." Carsumatiax bevel of 1wenoalc herspectives ra, Council of Emomamic Adsiem(Apol.1.). m a6 m. 3(Snmmtt Used: va-111, hanall 43. ,zsAwn. u I as. 4392 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations If a project Ins tonal expeced cap- and the use is eramerged by Treasury as eligible, ital expendttum of Menu^ Le%then $1 even. ........................ No Written JualiPcation required ......_...................... Greater than ar equal to $1 million, Written Justification marked but recipients are rat but lass than $10 million. required to submit as pad of regular reporting to Treasury. $10 mlllim or rtare Written Justification required and recipients mug submit as part of regular depending to Treasury. In selecting these thresholds, Treasury recognized that capital expenditures vary widely in size and therefore would benefit from tiered treatment to implement eligibility standards while minimizing administrative burden, especially for smaller projects. Far example, Treasury selected $1 million as a threshold for whether a recipient needs to complete a Written head fication as well as a threshold under which capital expenditures would he presumed reaeonably proportional. Treasury estimate. that $1 million would me.psulale the coats of a significant portion of equipment or small renovations. These types of s alles projects are often a necessary and reasonably proportional part of a response to the public health emergency; therefore, the $1 million threshold provide. a simplified pathway to complete smaller projects more likely to meet the eligibility standard. At the same time, Treasury selected $10 million es the threshold for smash intensive reporting requirements, estimating that projects larger then $10 m0lion would likely constitute significant improvements or construction of mid- or large -sized facilities. As discussed above, given their scale and longer time to completion, these types of larger aria the use Is boypa Muse enumerated by Them - my as eligibta, Man me No Written Jushfcation mounted. Written Justification required and recipients most suburb as pan of regular repoMng to Treasury. projects may be less likely to be reasonably proportional responses. The $10 million thrershold also generally aligns with thresholds in other parts of the SLFRF program, such as for enhanced reporting on labor practices. Expenditures from closely related activities directed toward a common purpose are considered part of the scope of one project. These expenditures can include capital expenditures, as well ea expenditures on related programs, services, or other interventions. A project includes expenditures that are interdependent (e.g., acquisition of land, construction of the school on the land, and purchase of school equipment), or ere of the same or similar type and would be utilized for a common purpose (e.g., acquisition ofa fleet of emhulances that would be used for COVIU-19 emergency resporae). Recipients must not segment a larger project into smeller projects in order to evade review. A recipient undertaking a set of identical or sfmilm projects (e.g., development of a number of new affordable housing complexes across the recipient jurisdiction) may complete one Written justification comprehensively addressing the entire set of projects. projects Enumerated as Eligible by Treasury Under the public health and negative economic impacts eligible use category, the final rule provides a nonexclusive list of eligible uses of funding for projects that respond to the public health emergency or its negative economic impacts. Treasury has determined Ural these enumerated projects are related to the public health emergency and its negative economic impacts; however, recipients (other than Tribal governments) undertaking these projects with total expected capital expenditures of $1 million or ggrreeeter must still complete and mcet the substantive requirements of a Written Justification as pert of their demonstration that the project is a related and reasonably proportional response to the harm identified. a Projects with total expected capital expenditures of under $1 million: Treasury provides a safe harbor for projects with total expected capital expenditures of less then $1 million end will not require recipients to complete, submit, or meet the substantive requirements ofa Written Justification for the capital expenditure. In essence, recipients may pursue an enumerated project with total expected capital expenditures of under $1 million without having to undergo additional assessments to meet SLFRF requirements. • Projects with total expected capital expenditures 0iot lcnst $1 million but under $10 mil ion: Recipients should complete a Written justification for the capital expenditure and make an independent assessment of whether their proposed capital expenditure meets the substantive requirements of the Written juatifrcation. Recipients will not be required to submit the Written Justification as part of regular reporting meets the substantive requirements of the Written Justification. Factors, recipients will be asked to submit the Written justification as part of regular reporting to Treasury. Similar to other parts of the SLFRF program, such as on reporting an labor practices, Treasury recognizes that projects with expected total capital expenditures of at least $10 million ma➢ be less likely to meal eligibility requirements and therefore requires recipients to provide an ..barred level of information to Treasury. Projects Beyond Those Enumerated as Eligible by Treasury As with all uses, recipients that undertake capital expenditures beyond those enumerated as eligible by Treasury must meet the two-part framework under Standards: Designating a Public Health Impact and Standards: Designating a Negative Economic Impact under General Provisions: Structure and Standards, Federal Register/VoI. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4393 including the requirement that responses are related and reasonably proportional to the harm or impact identified. As part of that assessment, these recipients nay also be asked to complete a Written justification, Recipients father than Tribal governments) are subject to the following presumptions for the Written Justification of the capital expenditure, based on the total expected capital expenditures of the project: • Projects with focal expected capital expenditures of under $1 million: Treasury provides a safe harbor for unenumerated projects with total expected capital expenditures of under $1 million and will not require recipients to complete, submit, or meet the substantive requirements of a Written justification of the capital expenditure. Recipients should still make a determination as to whether the capital expenditure is part of a response that is related and reasonably proportional to the public health emergency or its negative economic impacts. Projects with total expected capitol expenditures of $1 million or over: Recipients should complete a Written justification of the capital expenditure and make an independent assessment that their proposed capital expenditure meets the substantive requirements of the Written Justification. Further, recipients will be asked to submit the Written Justification as part of regular reporting to Treasury. Treasury employe a risk -based approach to overall program management and monitoring, which may result in heightened scrutiny on larger projects. Accordingly, recipients pursuing Include with larger capital expenditures should complete more detailed analyses for their Written justification, commensurate with the scale of the project. Additional Provisions, Standards, and Definitions Strang tabor Standards in Construction Treasury encourages reciprenls to carry out projetta in ways that produce high -quality work, avert disruptive and costly delays, and promote efficiency. Treasury encourages recipients to use strong labor standards, including project labor agreements (PLAa) and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also recommends that recipients prmilize in their procurement decisions employers who can demonstrate that their workforce ...is high safely and training standards (e.g., professional certification, hem sure, and/or robust in-house training), that hire local workers and/or workers from historically undatserved communities, and who directly employ their workforce or have policies and practices in place to ensure contractors and subcontractors meet high labor standards. Treasury further scrounges recipients to prioritize emPloysm (irmluding contracors and subcontractors) without recent A.1w a ve effectual and state labor and employment laws. easury believes that such practices will promote effective and efficient delivery of high -quality projects and support the economic recovery through strong employment opportunities for workers. Such practices will reduce likelihood of potential project challenges like work stoppages or safety accidents, while ensuring a reliable supply of skilled labor and minimizing dismptions, such ro those a.ocialad with labor disputes or workplace . injuries. That will, in turn, promote on - lime and on -budget delivery. Furthermore, aroong other requirements contained in 2 CFR 200. Appendix R, all contracts made by a recipient or subrecipient in excess of $100,000 with respect to a capital expenditure that involve employment of mechanics or labor.. ..at include a provision for compliance with certain provisions of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 3702 end 37M as supplemented by Department of Labor regulations f29 CFR part 5). Treasury will seek information from recipients an thew workforce plans and practices related to capital expenditures undertaken under the public health and negative economic impacts eligible use category with SURF funds. This reporting will support transparency and competition by enhancing available information on the services being provided. Environmental, Uniform Guidance, and Other Generally Applicable Requirements Treasury cautions that. as is the case with all projects using SURF funds, all Frejects most comply with applicable fderal, state, and local law. In the case of capital expenditures in particular, this includes environmental and Foundling laws and regulations. Likewise, as with all capital expenditure projects using the SURF funds, projects must be completed in a manner that is technically sound, meaning that it mbar meet design and construction methods and use materials that are approved, codified, recognized, fall under standard or acceptable levels of practice, or otherwise sure determined to be generally umptable by the design and construction inducthy Further, as with ell other urea of funds under the SURF program, the Uniform Guidance at 2 CFR part 200 applies to capital expenditures unless stated otherwise. Importantly, this includes 2 CFR part 200 Subpart D on post -federal award requirements, including properly standards pertaining to insurance coverage, reel properly, and equipment; procurement standards; sub -recipient monitoring and management; and record retention and access. Definitions Treasury adopts several definitions from the Uniform Guidance at 2 CFR 200.1 under this section, including for capital expenditures, capital assets, equipment, and supplies. Per the Uniform Guidance, the term "Capital expenditures" means "expenditures to acquire capits[ assets or expeadiNres to make additions, improvements, modifications, replacements, rearrangement., reinstallation, renovations. or alterations to capital assets that materially increase their value or useful life." The term "capital assets" means "tangible or intangible assets need in operations having a useful life of more then one year which are capitalized to accordance with [Generally Accepted Accounting Principles[." Capital assets include lands, facilities, equipment, and intellectual property. Equipment means "tangible personal property(including information technology systems) having a useful life of more than one year and a par -unit acquisition cost which equals or exceeds the lasean of the capitalization level established by the non -Federal entity far financial statement purposes, or $5,000. " Supplies, which means all tangible personal property other than those included as "equipment," are not Recipients may also use SLFRF funds for pre -project development cords that are tied to or reasonably expected to lead to an eligible capital expenditure. For example, pre -project costs engineering for an eligible project are considered an eligible use of funds. c. Distinguishing Subrecipients Versus Beneficiaries Under the interim final rule, state, local. and Tribal governments that receive a federal award directly from a federal awarding agency, such as Treasury, are designated as "recipients." 4394 Federal Register/Vol. 87, No. 18lThursday, January 27, 2022l Rules and Regulations and state, local, and Tribal governments are authorized to transfer funds to other entities, including private entities like nonprofits. The interim final rule slated that. "dal transferee receiving a transfer from a recipient under sections 602(c)(3) and 603(c)(3) will be a aubrecipianl. Subeecipients are entities that receive a subaward from a recipient to carry out a program or project on behalf of the recipient with the recipient's Federal award funding." For foods transferred to a subrecipient, the interim final rule noted that "Irlecipients continue to be responsible for monitoring and aversecing the subrecipienfs use of SLFRP funds and other activities related to the award to ensure that the subrecipient complies with the statutory and regulatory requirements and the terms and conditi..a of the award. Recipients also remain responsible for ,sparing to Treasury on their sod recip ants' use of payments from the SLFRF funds for the duration of the award." Public Comment: Treasury received many comments requesting clarification about which entities quality as subrecipient, and are, in turn, subject to subrecipient monitoring and reporting requirements. For example, commenters sought claHficetion about whether a nonprofit that received a grant to provide services under a program to carry out an enumerated eligible use would qualify as a subrecipient and be subject to subrecipient monitoring and reporting requirements. Similarly, commenters also wondered if. economic impact of the public health emergency would also be a .ubreclph nt and subject to subrecipient reporting requirements. Treasury Rasponse:Traesury is clarifying the distinction between a subrecipient and beneficiary in the final rule. The Uniform Guidance definitions for subaward and subrecipient inform Treasury's distinction between subrecipients and beneficiaries. First, per 2 CPR 200.1 of Uniform Guidance "I.lubaward moans an award provided by a pass -through entity ass to a subrecipient for the subrecipient to carry out part of, Federal award received by the pass -through entity. It does not include payments to a contractor or ppayments to an individual that is a here ficiary of a Federal Program. A subaward may be provided through any form of legal agreement, •"9e'I'a wm..' a'—daough entity means e ntlplmt of siF I=&. including an agreement that the pass - through entityy considers a contract." Furtheq 2 C8R 200.1 allies Uniform Guidance defines a subrecipicn4 in that "Islubrecipient mcsins an entity, usually but not limited to non -Federal entities, that receives a subaward from a pess- through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency." Treasury is aligning the definition of subrecipient in the final rule with the definition of subrecipient in the Uniform Guidance. Treasury is maintaining the monitoring and subrecipient reporting requirements outlined in the final role. Per 2 CFR 200d01 (b)(2) of the Uniform Guidance, the terms and conditions of federal awards Bow down to subawards to subrocipients. Therefore, non-federal entities, as defined in the Uniform Guide.., must comply with the applicable requirements in the Uniform Guidance regardless of whether the non- federal entity is a recipient or subrecipient of a federal award. This includes requirements such as the treatment of eligible uses of funds. procurement, and reporting rete. ThMUniform Guidance definitions for both subaward and subrecipient specify that payments to individuals or entities that are direct benefiriaries of a federal award am not considered subrocipients. The final role adopts this definition of a beneficiary and outlines that households, communities. small businesses, nonprofits, and impacted industries are all potential beneficiaries of projects carried out with SLFRF funds. Beneficiaries are not subject to the requirements placed on subrocipients in the Uniform Guidance, including audit pursuant to the Single Audit Act and 2 CFR pert 20p, subpart F or subrecipient reporting requirements. The distinction between a subrecipient and a beneficiary, therefore, is contingent upon the rationale for why a recipient is providing funds to the individual or entity. If the recipient is providing fund. to the individual or entity for the purpose of carrying out a SLFRF program or project an behalf of the recipient. the individual or entity is acting as a subrecipient. Acting as a subrecipient, the individual or entity is subject to subrecipient monitoring and reporting requirements. Conversely, if the recipient 1s providing funds to the individual or entity for the purpose of directly benefiting the individual or entity as a result of experiencing a public health impact or negative economic impact of the pandemic, the individual or entity is acting as a beneficiary. Acting as a beneficiary, the individual or entity is not subject to subrecipient monitoring and reporting requirements. d. Uses Outside the Scope of This Category Summary of the Interim Final Rule and Final Rule Structure In the interim final rate, Treasury noted that certain uses of funds are not permissible under the eligible use category of responding to the public health and negative economic impacts of the pandemic. In the final rule, these uses remain impermissible, but Treasury has re -categorized where they are addressed to increase clarity. Specifically, the interim final rule provided that the following uses of funds are not eligible under this eligible use category: Contributions to rainy day funds, financial reserves, or similar funds; payment of interest or principal on outstanding debt instruments; fees or issuance costs associated with the issuance of new debt; and satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, cement decree, or Judicially confirmed debt restructuring plan in a judicial, administrative, or regulatory proceeding, except to the extent the judgment or settlement requires the provision of services that would respond to the COVID-19 public health emergency. These uses of funds remain ineligible under the final rule; Treasury has re -categorized these issues to the section Restrictions on Use, which describes restrictions that apply to all eligible use categories, to clarify that these uses are not eligible under any eligible use category of SLFRF. Treasury responds to public comments on this issue in the section Restrictions on Use. As noted.bove, the interim fluid one also posed several questions on what mine types of services or costs Treasury should consider as eligible uses to respond to the public health and negative economic impacts of COVi0. 19, including in disproportionately impacted communities. In this section, Treasury addresses proposed uses of funds suggested by commenters that Treasury has not included as enumerated eligible uses of lords in this eligible use category. General Eligible Uses Public Comment: Commenters proposed a wide variety of additional recommended enumerated eligible uses Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4393 In all .actions of the public health and negative economic impacts eligible use category, including in impacted and disproportionately impacted communities. The proposed additional uses included general rategones of services (e.g., legal and social services, long-term investments to mmediate long-term disparities, response to natural disasters). Other suggested uses of funds respond to needs widely experienced across the country (e.g., access to and affordability of health insarancef Finally, other suggested uses f funds were highly specific (e.g., healthcare equipment for a specific health condition, fire hydrants, weather alert systems) or most applicable to the particularised needs to certain populations or geographic areas of the United States (e.g., senior minces, Immigrants, Formed y incarcerated Individuals, responding to environmental issues in certain guographic regions). Other commenters generally requested a high degree of Flexibility to respond to the particular needs of their communities. Treasury Response: Given the large recipients, Treasur include as enumen programs, services, expenditures that health end naeatiw uses under the final rule, This provides enumerated eligible uses that many recipients may want to pursue, while including uses that are responsive to the pandemic's impacts across the diverse range of SLFRF recipients. In the final .Is, Treasury has clarified several additional uses that generally respond to pandemic impacts experienced broadly across jurisdictions and poppulation. 1}many bee not chosen to include as enumerated now all uses proposed by commenters; given the significant range, and to same case. highly specific nature, of the proposed uses Trewury was am able to as.... that the proposed uses would respond to negative economic impacts experienced recipients to identify other public health or negative economic impacts to additional households, small businesses, or nonprofits, including classes of these entities, and pursue programs and services that respond to these impacts. Treasury also notes that some populations am presumed to be impacted or disproportionately impacted by the pandemic, end thus eligible for onvices respsive services; these presumed eligible populations may encompass many individuals in the specific populations for whom commenters recommended services. For details on these issues, see section General Provisions: Structure and Standards. Infrastructure, Community Development, and General Economic Development Some potential additions la enumerated eligible uses were also recommended by several commenters each but are not included as enumerated eligible uses in the final rule. Public Comment: Infrastructure: In the interim final rule, Treasury noted that a "general infrastructure pro]ect, for example, typically would not be included [in this eligible use category] unless the project responded to a specific pandemic public health need." Numerous commenters requested that Treasury permit investments in infrastructure as a response to the public health and negative economic impacts of the pandemic. While these comments most commonly recommended that contracting and maintaining roads and surface transportation infrastructure be eligible, the proposed uses for infrastructure ranged widely end included parking lots, bridges, traffic management Infrastructure, solid waste disposal I acilities, end utility infrastructure (outside water, seweq and broadband). Many commenters argued that maintenance development and maintenance is a pressing need in (heir communities and that their communities had less need for water, sewer, and broadband infrastructure or other eligible uses to respond to the public health and negative economic impacts the pandemic. Other commenters argued that these uses would stimulate the economy, attract businesses, or allow for tourist movementht; erase commenters argued than by generally supporting a stronger economy or facilitating conditions that are mare conducive to respon activity and tourism, these imps respond to the negative economic impacts of the pandemic. Treasury Response: In the final rule. Treasury Ice maintaining the approach under the interim final rule that general Infrastructure projects, including roads, streets, and surface iransp.imum, infrastructure, would generally not be eligible, unless the project responded to a specific pandemic public health need or a specific negative economic impact. The ARPA expressly includes Infrastructure if it is "necessary" and in water, sewer, or broadband, suggggeesting that the statute contemplates oNy those types of infmsiruclure. Further, responding to the public health and negative economic impacts of the pandemic requires identifying whether, and the extent to which, there has bean a he. that resuited from the COVID- 19 public health emergency and whether, and the extent to which, the use would respond or address this harm. Uses of funds intended to Tnerally grow the economy and erefore enhance opportunities for workers and businesses would not be an eligible use, because such assistance is not reasonably designed to impact individuals or classes that have been identified as having experienced a negative economic impact. In other words, there is not a reasonable connection between the assistance provided and an impact on the benefidanes. Such an activity would be attenuated from and thus not reasonably designed to benefit the households that experienced the negative economic ll myact. Nola, however, that Treasury has clarified that capital expenditures that are related and reasonably proportional misspending to the public health and economic impacts of the pandemic are eligible uses of funds, in addition to programs and services; for details on eligibility criteria for capital expenditures, see section Capitol Expenditures in General Provisions: Other, Public Comment: Community Development Block Grant: Several commenters recommended that Treasury enumerate w eligible uses those eligible under the Department of Housing and Urban Development's Community Development Block Grant (CDBG) or the Housing and Community Development Act of 1974, which established the CDBG program. Commenters requested that these uses be eligible either to respond to the negative economic impacts of the pandemic, or in the alternate the disproportionate negative economic impacts of the pandemic in certain communities. Under the CUING program, recipient governments may undertake a wide range of community and economic 439E Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations development services and projects. Commenters reasoned that many state and local governments are familiar with this program, and that aligning to its eligible noes may help recipients easily understand and pursue eligible projects. programs .:In the final rule, iding all categories I. under MBG as uses to respond to f negative econmmic households, communities, small businesses, general economic development activities, and capital expenditures. Treasury determined drat it was more appropriate to ..a.. the underlying types of projects eligible within (9BG and whether each type of whether various types of community and economic development projects respond to the impacts of the pander in different communities and circumstances. In the final rule, Treasury addresses the eligibility of these various tyypes of projects in see relevant eligible use category within impacted small businesses, and capital expenditures. Public Comment. General Economic Development Treasury provided guidance following the interim final rule that general economic development or workforce development would generally not be eligible as it does not sp not a negative economic impact of the COVID-19 public health emergency. Some commenters recommended that Treasury expand enumerated eligible uses to include general economic development activities, beyond those that respond to ingenue economic imparts of the panderic, such as creating an economic development strategy for the jurisdiction's overall economic growth, creating a general workforce development strategy, or providing funds to businesses that did not experience negative economic impacts to carry out economic development activities or to inexamei es the addition or retention of jobs. Commenters supportive of assistance to businesses for general economic development activities argued that subsidies to businesses increase job growth and that, in some cases, assistance to companies that excelled during the public health emergency would help creole mare job opportunities for workers or expend the jurisdiction's tax base and produce funds to support government services. In contrast, other commenters argued that academic research consistently finds that economic development subsidies have a nagli bla, even negative, economic a ruor even citing research findings to this effect.rs' Treasury Response: In the final rule, Treasury maintains the interim final rate's approach that general economic development or workforce development, meaning activities that do not respond to negative economic impacts of the pandemic and rather seek to more generally enhance the juriedictiori s business climate. would generally not be eligible under this eligible use category. As noted above, to identify an eligible use of funds under this category, e recipient must identify a beneficiary or class of beneficiaries that experienced a harm or impact due to the pandemic, and eligible uses of funds must be "Inidierfor'cro-{ ncchh—aadiene-and-nei errnre Mannar U. Petr . Derel State, and Sion Penmen, "a Political Economy of Targalad amoerve novntupmnnt incenewa, nevrew of Regional Sludiee 48, M. r Irma): 1A, availaele n: wan% lPolinml.ewnomyowead.rovannlc developmanLineanneea. reaeonably designed to respond to the harm, benefit the beneficiaries that experienced it, and be related and reasonably proportional to that harm or lact. s noted above, recipients should analyze eligible uses based on the beneficiary of the assistance, and recipients may not provide assistance to small businesses or impacted industries that did not experience a negative economic impact. Provision of assistance to a business that did not experience a negative economic impact, under the theory that such assistance would generally grow the economy and therefore enhance opportunities for workers, would not be an eligible use, because such reaistance is not reasonably designed to impact individuals or close" that have been identified as having experienced a negative economic impact. In other ver de, there I. not a reasonable connection between the assistance provided and an impact on the beneficiaries. Such an activity would be attenuated from and thus mat reasonably designed to benefit the households that experienced the negative economic impact. Research cited by some commenters finding that business subsidies have limited or negative economic impact also suggests that such a response may not be reasonably designed to benefit households and other entities impacted by the pandemic. Similarly, planning activities for an economic development or workforce strategy regarding general future economic growth do not provide a program, service, or capital expenditure that eas onds to negative economic irepacm of the pandemic. However, Treasury notes that the final rule includes as euumerated eligible uses many types of assistance that respond to negative economic impacts of the pandemic and may produce economic development benefits. For example, see sections Assistance to Unemployed Workers, Assistance to Small Businesses, and Capital Expenditures, B. Premium Pay Background and Summary of the Interim Final Rule Sections 602(cf(1)(B) and 603(e)(3)(B) of the Social Security Act, as added by the ARPA, provide that SLFRF funds may be used "to respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the ... government that are performing such essential work, or by providing grants to eligible employers Federal Register/Vol. 87, No. IS/Thursday, January 27, 2022/Rules and Regulations 4397 that have eligible workers who perform essential work." Premium pay is designed to compensate workers that, by virtue of their employment, were forced to take on additional burdens end make ggreat on persal samifrces as a result o(ihe COVID-10 pandemic. Premium pay can be thought of as hazard pay by another name.2se During the public health emergency, employers' policies on COVID-19- related premium pay or hazard pay have varied widely, with many essential workers not yet compensated for the heightened risks they have faced and continue to face.259 Many of these workers earn lower wages on average and live in socioeconomically andemerved communities as compared to the general population.2e9 A recent study found that 25 percent of essenlia] workers were estimated to have low household income, with 13 percent in high -risk househalds.�sl The low pay of many essential workers makes them less able to cope with the financial consequences of the pandemic or their work -related health risks. As Americans return to work and governments relax certain Pales, essential workers will continue to bear the brunt of the risk of maintaining the ongoing operation of vital facilities end services. The added health risk to essential workers is one prominent way in which the pandemic has amplified pre-existing socioeconomic inequities. Premium pay designed to address the disparity between the critical services provided by and the risks taken by essential workers end the relatively low compensation they tend to receive. The interim final rule established a three-part framework for recipients seeking to use SURE funds for premium pay. First, to receive premium work, health ne Say U.S. oc,adnenl d Iubw. leaned Pay. aHpalAa—.dal gaulgee elftpl leagasl nanardpoy lien N:iied Ocad er re 20.). —Ecce-nuc Pdiry Institute, Only 30%a a,aae warkmg outside th.ir Mn,a ern receiving heard ply Unne 16, 2020). ahl dl—pi arWpmdanly 3oof thane -narking outside-Nair-h umeaa- arvi,,hose l pydWck-and-alapmi—n em. re.. cracereedab"d-hoegal tSe- m.-h-1.. a ^Mc con.ck. a p,a nom as. a+ra. questions regarding premium pay program structuring, This section responds to the comments by addressing the three requirements in turn, then the overall definition of premium pay and, finally, program structure. Eligible Workers The ARPA defines "eligible workers" as "those workers needed to maintain continuity of operations of essential critical Infrastructure sectors and additional sectors as each.. . [government) may designate as critical to protect the health and wellbeing of fits] residents." The interim final .]a supplemented this definition by identifying a list of "essential critical infrastructure sectors" whose workers are eligible works., based on the list of .attars in the HEROES Act, a bill introduced in the House of Representatives in 2020 that would have provided premium pay to essential worksm.262 In addition to the critical infmstructure sectors defined in the interim Beal rule, the chief executive (or equivalent) of a recipient government easy designate additional non-public 263 sectors as critical so long as doing so is necessary to protecting the health and wellbeing ofthe residents clench jarisdiction. Public Comment: Treasury received multiple comments on the definition of "eligible worker" included in the interim final rule. Many commissions agreed with the definition of eligihis worker adapted by Treasury. Other commenters sought clarification about or changes to the definition of eligible worker, includingg the definition of eligible sectors, We inab skm of government workers in the definition of eligible workers, and the process for designating additional non-public sectors as eligible. Some commenters asked Treasury to change haw it identifies eligible sectors, Including suggestions to add to or subtract from the list of eligible sectors. For example, same commenters asked Treasury to consider using Bureau of Labor Statistic. (BLS) -Standard Occupational Classifications to identify specific sectors or occupations, in contrast to the approach taken in the interim final role, which included a mixture of aconomic sectors, industries, and occupations. Many commenters asked Treasury to explicitly clarify that a particular industry or occupation is covered by the definition of"essential critical infrastructure sector." Some of ,n$a H.R. 6900, 110th Con, (2020). '^ Note that the eadom defined In the Interim final mle already include ail aide, Laced, and TdMI gavem,nwn employees. these commenters represented public employees, e.g., employees of facilities and public works; public utilities; courthouse employees; police, fire, and emergency medical services; and waste and wastewater services. Others were a mixture of public and private sector employees, e.g., coroners and medical examiners; tomepmtation infrastructure electrir utilitiss, natural gas, and steam supply: and grocery employees. Other workers ad corrections premium pay for (Ammentem also asked Treasury to clarify which government workers are included in the definition of eligible workers. ]be interim final rule included as an essential critical Infrastructure sector, "any work performed by an employee of a State, local, or Tribal government." Some commenters requested that Treasury adopt a definition of eligible worker that includes all employees of the recipient government; however, all public employees of state, local, and Tribal governments are already included in the interim feral rule definition of "eligible worker." Commenters asked whether this includes governments that did not receive SLFRF funds (i.e., "non recipient governments"). Many commenters from Tribal governments requested that the definition of eligible worker, which includes "any work performed by an employee of a .. . Tribal government," also include an are the Commenters asked that Treasury adopt a requirement that Treasury must approve or deny any additional son - public sector identified by the chief executive of a recipient government prior to implementation of the recipient's program. Some commenters asked Treasury to clarify whether their chief executive (or equivalent) could designate particular, and in some cases all, employees ofthe recipient government m eligible for premium payy. Trcusary Response: In the final rule, Treasury will preserve the definition of "eligible worker" as it was defined in the interim final rule with minor modifications to clarify that all public 4398 Federal Register/Val. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations employees of recipient governments are already included in the interim final role definition of "eligible worker." A more specific eligibility system (eg., linking eligibility to specific occupational or industry codes) would have provided more certainty but would have been much more rigid. In contrast, the current definition is flexible enough to give recipients the ability to tailor their premium pay programs to meet (heir needs while ensuring that programs focus on sectors where workers were forced to shoulder substantial risk as a result of the COVID-19 pandemic. Furthermore, the critical infrastructure sectors defined in the interim Intel rule already include many of the occupations that commenters requested be added. For example, Treasury received many comments from public workers asking to be included in the definition of "eligible worker" even though these workers already fall within the scope of "any work performed by an employee of a State, local, or Tribal government." Treasury has clarified in the final rule that the chief executive's discretion to designate additional sectors as an that inlet.. only to "non-public" sectors, since all public employees of recipient governments era already included in the definition of"eligible worker." While all such public employees am "eligible workers" and the chief executive (or equivalent) of a recipient government may designate additional non-public sectors as nciticah in order to receive premium pay, these workers most still meet the other premium pay requirements (e.g., performing essential work). Treasury recognizes that the list of "essential critical infrastructure sectors" includes both occupations and sectors. Recipients, if uncertain which occupations are included in a critical infrastructure sector, may consult government occupational classifications if helpful but ere not required to do so.2w Furthermore, a recipient government does not need to submit to Treasury for approval its designation of a sector as essential criti®I infrastructure; rather,'1'reasury will defer to the reasonable interpretation of the recipient government and the discretion of the recipient's chief executive in making such designations. If a recipient is unsure if a non-public sector is covered by the definition in the °' See, eg.:wr®e such m evrcnu dR uvr SMieim, occupational amlmk Handbook, Mdeh pevild. inrnm,nion on which "aftnom, ce occupat ces ue Iyucally redness in Interpranlbns of a male, hops:11 wmw.hle.go.leahl.. final I U1 ,2as the chief executive (or equivalent) of a recipient government may also identify the non-public sector as critical so long as the chief executive deems the non-public sector necessary to protecting die health and wellbeing of residents. Treasury has, where possible, clmified the definition f"essential critical infrastructure aenore." For instance, Treasury has clarified in the final rule that work performed by an employee of a Tribal government includes an employee of a Tribal enterprise and discussed in this Supplementary Information how a recipient may qualify other non-public sedum as essential critical infrastructure. Essential Work The interim final role defined "essential work" m work that (1) is at pedoaned while teleworking from a residence end (2) involves either (f regular, in -person interactions with patients, the public, or coworkers of the individual that is performing the work or (it) regular physical handling of items that were handled by, or are to be handled by, patients, the public, as coworkers of the individual that is performing the work. Treasury adopted this definition of essential work to envure that premium pay is targeted to worker's that £aced or fain heightened disks due to the character of their work during a pandemic. Public Comment: Some commenters found the definition unclear and asked Treasury to clarify what constitutes "semotal work." Others disagreed with the essential work test altogether, arguing that it forces recipients to distinguish between essential and non- essential employees, which may be difficult to it Accordingly, these commenters asked Treasury to allow recipients to determine which workers qualify as essential. Treasury also received several requests that specific occupations be explicitly deemed essential, including all public empioyes, veterinarians, election administrators, detention staffand sherif a deputies, and employees of utilities, each as electric power, natural gas, steam supply, water supply, and sewage removal. Several commenters requested that Treasury not distinguish between remote and in -person work or amend the standard so that employees Viding essential services would still ligible even if they worked remotely. Finally, a few commenters requested clarification as to the —Public manr esrken ue ^Melbl. wurkeri' under the lnleum final ruleend final rule. definition of 'regular" musections and wheth functions merit more work" in the final rule without modification. The lest adopted in the interim final role was designed to compensate workers facing disproportionate risk due to the pandemic. COVID-19 is transmitted through person-ta-person interactions, and therefore, workers with regular in - person interactions ere the primary group facing increased health risks. Although COVID-10 is not transmitted primarily by people handling items, such work may present increased risk in certain cases, and the final into maintains the interim final rule's inclusion of such work in order to give recipient governments the flexibility to include workers performing such work as they determine appropriate. Changing the test as some commenters suggested, e.g., by eliminating the in -person work requirement or allowing recipients to designate which employees are essential, even if not working in person, would no longer focus the program on workers taking on additional health risks and instead allow premium pay to be awarded to individuals who experienced relatively little risk of exposure to COVID-19. To maintain flexibility, Times is not defining the term "regular" with regard to in -person interactions, allowing recipients to develop programs based on the specific workforce to be served and local cimumstances. Generally speaking, however. recipients are encouraged to consider an eligible worker's risk of exposure in designing premium pay programs. Respond To As required by the ARPA, the interim final role required that premium pay programs "respond lo" eligible workers performing essential work during the COVID-19 public health emergency, premium pay responds to eligible workers performing essential work if It prioritizes low- end modersle-income persons, given the significent share of essential workers that are law- and moderate -income and may be least able to bear added costs associated with Illness. The level of the award limit —up to $13 per hour not to exceed $25,090 in aggregate —in the ARPA supports this mason nR. Accordingly, the interim fuel rule required written justification for how premium pay to certain higher -income workers responds to eligible workers performing essential work: If a recipient Federal Register/Vol. 87, No. IS/Thursday, January 27, 2022/Rules and Regulations 4399 for Business) uses SURF funds to provide premium pay to an employee and the pay or grant would increase a worker's total pay above 150 percent of their residing stela or county's average annual wage for all occupations, as defined by the HIS Occupational Employment and Wage Statistics, whichever is higher, on an annual basis, than the recipient must provide, whether for themselves or an behalf of a grantee, written justification to Treasury detailing haw the award respond. to eligible workers performing essential work. Public Comment -'treasury received numerous comments on the wage threshold and the written justification requirement. Several commenters supported the threshold as a way to encourage recipients to target premium pay to lower-inceme, eligible workers. Same commenters even asked Treasury to make the wage threshold a firm restriction, above which an eligible worker could not receive premium pay. Others agreed with the threshold but also requested Flexibility to use existing worker classifications as an administratively simple way to identify workers for whom premium pay would be responsive. For instance, a few commenters asked Treasury to allow recipients or grantees to presume that premium pay "responds to" eligible workers performing essential work when it is provided to employees who are not exempt from the Fair Labor Standards Act (FLSA) uvxrdine provisions --a lest that employers are routinely required to apply.n.. In contrast, several commenters disagreed with the threshold and the requirement for written justification. A few commenters thought the threshold was too low to capture employees in certain critical infrastructure sectors (e.g., public safety, waste collection) and that it did not sufficiently account for the variance in economic need across different geographic uses and family structures. Some smeller communities argued that the threshold was difficult to calculate and apply. Other commentem proposed revisions for how the threshold Fs calculated. For instance. a few commenters asked Treasury to consider using alternative earnings measures such as median income. Similarly, another commenter asked Treasury to consider the incomes of workers with different levels of seniority in developing any income co Smyenmo11y29 U.S.C. 2071q: U.S. VapMmma of labor, overame Pay aeqummrents of the FLSR (Peer Sheet No. 23y MIpsJ1s we.do10 1 eym,ces/wnd//rt.hwftoa3rya-mvmme-pny. yavround. thresholds for permitting or reporting on premium pay. Finally, there was also some uncertainty as to the threshold and the requirement for written justification. Some commenters interpreted the threshold as a hard cap an who was eligible for premium pay, which is not the case. Relatedly, some commenters also requested further guidance an what recipients should include in the written justification submitted to the Secretary. Treasury Response: The final rule makes some modifications to the determination of when premium pay "responds to" eligible workers performing essential work during the public health emergency. tinder the interim final rule, premium pay was responsive if either the workers' pay was below a wage threshold or, if, the pay was above a wage threshold, the recipient submitted mitten justification to Treasury explaining how the premium pay was responsive. The final rule retains these two means of establishing premium pay in response to workers performing essential work and adds an additional means of that pay is not to receive premium pay see and does not require recipients to provide written justification to Treasury regarding the workers who are not exempt from the FLSA overtime provisions, making the program easier to administer for recipients. Incorporating this change further simplifies application of the ml Department or rather. 0emume r.y, hapsl/ uxw.ddgw/ogenuee/w4dloveNme; sae also 2e .S.c. 2m. final rule For recipients because Treasury understands that most employee:, p blic and private, are femilier with and are routinely required to apply the FLSA. With this addition, the final role provides that premium pay is responsive to eligible workers performing essential work during the public health emergency if each eligible worker who receives premium pay laps into one of three categories: (I) The worker's pay is below the wage threshold, (2) the worker is not exempt from the FLSA overtime provisions, or (3) the recipient has submitted a mitten justification to Treasury. The final rule makes it clear that written justification to Treasury is not necessary with respect to eligible workers whose pay is less than the wage threshold. Nor is written justification necessary with respect to eligible workers who are net exempt from the FLSA overtime provisions. The written justification is only necessary if the worker's pay (with or without the premium) exceeds the threshold, and the worker is exempt from the FLSA overtime provisions. The final role also clarifies that a worker's pay exceeds the threshold if either the premium pay increases the worker's total pay above the wage threshold or the workm's total pay was already above the threshold, before receiving premiwn pay. Treasury hoe also updated the final rule to clarify that written justification means a brief, mitten narrative justification officer the premium pay or grant is responsive to workers Performing essential work during the public health emergency This could include a description of the essential workers' duties, health or financial risks faced due to COVID-10. and why the recipient determined that the premium pay was responsive despite the workers' hiter Inc.... cipients should refer to SLFRF program reporting guidance, user guides, and other documentation for further guidance on the form and content of the mitten justification. Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front-line workers, like nureas and hospital staff. Definition of Premium Pay The statute defines promium pay as "on amount of up to$13 per hour... , in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible werkm during the COVID-10 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker." The interim 4400 Federal Register/Vol. 87, No. IB/Thursday, January 27, 2022/Rules and Regulations final rule incorporated this definition types of employees and permissible C.Revenue Loss and emphasized that premium pay structures for awarding premium pay. A Background should be in addition to compensation few commenters asked if premium pay Sections typically received. could be awarded to volunteers or those 602(c)(1)(C)aad 603(c)(1)(C) Public Comment: Several submitted in irregular and non -hourly or salaried of the Social Security Act provide that comments related to the definition of employment positions. Similarly, SLFRF funds may be used "for the "promium pay." Several commenters various commenters asked if part-time provision of government services to the asked Treasury to clarify certain aspects workers were eligible for premium pay. extent of the reduction in revenue of of the interim final rule and statutory Some commenters asked Treasury to such ... government due to the definition of premium pay. For instance, provide more detail an when premium COVILY19 public health emergency a few commenters asked whether the pay may be paid retroactively or if a relative to revenues collected to the $25,OOO limit applies to the annual could retmburx its general most recent full fiscal year of the. . amount of premium pay received or the land ff nd for hazard pay already paid before government prim to the emergency." aggregate amount of premium pay the start of the period of Performance. This provision allows recipients received over the period of performance. TreasuryResponse: TT.....y has also experiencing budge shortfalls to use A few commenters requested flexibility made clear in the final rule that a payments from the SLFRF funds to as to how premium pay may be recipient may award premture pay to avoid ruts to government Services and, awarded, including flexibility to make non -hourly or salaried workers es well thus, enables stale, local, and Tribal monthly or quarterly payments or lump as part-time workers. Premium pay may governments to continue to provide sum payments. Finally, cummenlers not. however, be ..tried to volunteers. valuable services and ensures that fiscal requested additional clarification as to If a recipient is interested in austerity measures do not hamper the have premimn pay should be calculated. For instance, a commenter asked how W compensating volunteers with SLFRF funds, than it must do se consistent broader economic recovery. State and local government budgets calculate the amount of and account for with the requirements set forth in other eligible use categories; for example, we experienced stress in fiscal year 2020 as delayed tax filings and paMemic- overtime pay and other incentive Pay zoo section Public Sector Capacity end related business closures caused Treasury Response: Treasury has Workforce to Public Health end revenues to decline sharply.271 Twenty - clarified some of these issues in the Negative Owhat Ecommic Impacts. the final role, recipients may two state governments took actions to close budget gaps in fiscal year 2020 272 final rule. For example, Treasury, has clarified in the final cute that the award premium pay reUoxlivelyy and nearly 80 percent of cities reported $25,000 per employee limit Is for the however. SLFRF funds may not be used to reimburse a recipient or eligible being less able to ment the fiscal needs of their communities relative to fiscal entire period of performance, not an annual cap. Further, recipients have employer grantee for premium pay or year 2019,273 Surveys of Tribal discretion with respect to the way in hazard pay already received by the employee. To make interactive premium governments and Tribal enterprises conducted in 2020 found majorities of which premium pay is awarded to eligible workers (e.g., monthly, payments funded with SLFRF funds, a respondents reporting suhstanUal cost quarterly, lump sum), provided that the remptent or eligible employer granten must make a new cash outlay for the increases and revenue decreases, with Tribal governments reporting reductions total premium pay awarded to any eligible worker does not exceed $13 per miumn le and the ages must , social services, conomth ic hour or $25,000 over the period of be addition to any wnts or remuneration the eligible worker and ein development activities as a result of reduced coname ea.r7s performance. Finally, a recipient may award premium pay to far eligible already received, subject to the other The economic recovery, aided by the worker in addition to the overtime pay requirements and limitations set forth in the ARPA and this final rule. brand distribution of COVIO-Q9 vaccines and the deployment of federal already earned by the eligible worker but in no instance may the portion of Finally, as part of accepting the Award Terms and Conditions for stimulus, has led to a strong rebound in total State and local government revenue the compensation funded with SLFRF SLFRF, each recipient agreed to and is contributing to a brighter fiscal funds exceed $13 per hour, even if strict maintain a conflict -of -interest policy time -and -.-half calculation requires consistent with 2 GFR 200.318(c) that is 1" to the second gwnm of 2020, emrtwty vice more.z7o To the extent that an employer applicable to all..vibes funded with snd lord axmonew as reported by ten U.S. is required under the FLSA to make the SLFRF award. This award term Camera.. su to p—w wapwed to the Barw.. manta to an eligible worker in excess PRY g $13 hour or $25.000 in the re quires recipients and suhrecipients to rmM gm�wutzers: us. retire Quarterly Summand Sim and Loin I - of per report to Treasury or the pass -through Revenue. hio Jl—census aomlp7.gwms aggregate over the period of agency, as appropriate. Say potential s urw:yel such mf. performance, the employer mast use a conflict of Interest related to the award —eim -al Aemammn of Sass ends. 0fu®re, source of fundingother than the SLFRF funds per 2 CFR 200.112. Pursuant to vial Serwy m the Scene (Fall 2020). amlmWo of nnpr:/lblghedogcaowWmd.ssnm.mnuwx� funds to satisfy those obligations. this policy. decisions concerning SLFRF NAS➢OIOZdrdbla949 eJio-msoo( reademel Program Structure funds must be free ofundtscl..ed Uylwded/m.ges/Ffeml%NlSurvey/NASBOJ+oII_ 20w_Pk-lsnrvey_of seniors Public Cammenh Several commeniem personal or organizational conflicts of both in fact and in appearance. pdf removal term of Guee, rey Fly.[ conditom 12nml. seclabte.t nime://w.vw.nlr also requested elaboration on eligible Consistent with this policy, elected evW wprmwnUuplmds/m2o/oe/tiryplscvL rswzs0s.c.zethe^IABamovim loam.. officialsareprohibited kom using their P SLFRF official other Condenve 2020J1NAL. 1"Sury demod meemarfm maim ow ern by and one-half ma regular robot wRah via lee eaver funds for theirown prime.gain.r men Country eraommpmentameeedanl Roemmer of Minruahsein Mmch,aint.1 shrepe ale Allredpimtaen,ye. ondbcomyverpsb policy also prohibits, among other ponemot 202a.CIi-toenoe Heemw S.Iuepmq Tnbd and ommwiso—voll l'he from Wings, elected officials from sharing --to 0.2ema,lishave r Fee Late,mywre v.le hour mgnlmmenLa In Fee Ilbm Slenderda Act oonmmmt mf lemr,wegeemdtm funds to projects in which the have a financial interest or using funds to 9 PY R. .R—kis ames. fiances Pedmd anemve rune of ntneimwpolu: 1Wov.m.20xa1. naps:IMww.m(..oncameedt. F.Mfomuy. A R'.—v.Swnd..denm. ercps:l/www.ew.sovl oso.rres/wha/pro. themselves premium pay. . viand/2o2Um4heuj,es-re-..os-r.saime.o: w.daaamrcesano�pnmow. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4401 outlook for most Jurisdictions as earn ared to the earlier months of the public health emergency. For the fiscal year coding June 30, 2021. total ants and local government tax revenues increased 21 percent relative to the same period in 2020, re0ecdng the combined impact of the modified tax filing deadline in 2020 and an improving economy.s's However, despite a stable budget situation overall, many governments face uncertainty as the C'OVID-19 pandemic continues to impact commuting patterns, hospitality and tourism, and other drivers of jurisdictions' economies. Thirty-five percent of cities still report being less able to meet financial needs than in fiscal year 2020,2" and over half of surveyed Tribal governments and Tribal enterprises reported losing at least 40 Percent of then revenue since the start of the pl ndemic.2" Budget challenges persist as governments work to mitigate and contain COVID-19 and help citizens weather the economic dowatum. State, local, and Tribal government budgets affect the broader economic recovery. During the period following the 2007-2009 recession, state and local government budget pressures led to fiscal austerity that was a significant drag on the overall economic MCOVdy.s+s Inflation -adjusted state and local government revenue did net return to the previous peak until 2013 279 while employment in the sector returned to the previous peak in August 2019, nearly A decade late -e- just months after recouping losses from the previous downturn, the CMD-19 pandemic caused state and local government employment to contract again, but this time more sharply: By Mey 2020, state and local government payyrroolls fell y9 pereent compered to Peboney 2020. Despite improvement, non-federal public sector job growth continues to lag behind the rest of the U.S. labor market red very.sm Summary of Interim Final Rule A. stated above, the Social Security Ad provides that SLFRF funds may be used "for the provision of government services to the extent of the reduction in revenue of such ... government due to the COVID-19 public health emergency relative to revenues collected in the most recent full Been] year of the . . government prior to the emergency." The interim final rate provided a formula for calculating revenue loss through a fourelepp process: • Step 1: IdenOfy revenues collected III the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2620), railed the base year revenue. Is Step 2: Estimate counferfactual raven as. which is the amount of revenue the recipient would have expected in the absence of the downturn caused by the pandemic The counterfactual revenue is equal to base year (avenue' 10 +growth adjustment) A (n/12)I, where n is the number of months elapsed since the end of the base year to the calculation date, and growth adjustment is the greater of the average annual growth rate across all State and Local Government "General Revenue from Own Sources" in the most recent three years prior to the emergency, 5.2 percent, or the recipient's average annual revenue growth in the three full fiscal years prior to the COVID-19 public health emergency.282 This approach to the growth rate provides recipients with the option to use a standardized growth adjustment when calculating the counterfactual revenue trend end thus minimizes administrative burden, while not disadvantaging recipients with revenue growth that exceeded the national average prior to the COVID-19 public health emergency by permitting these recipients to use their own revenue growth rate over the preceding three yeare. e Step 3: Identify actual revenue,zxa which equals revenues collected over the twelve months immediately preceding the calculation date. a Step 4: The extent of the reduction in revenue is equal to counterfactual revenue less actual revenue. If actual revenue exceeds counterfactual revenue, the extent of the reduction in revemen is set to zero for that calculation date. For Illustration, consider a hypothetical recipient with base year revenue equal to IM (Step 1) that ends on June 30. 2010. ]n Step 2, the hypothetical recipient funds that the average annual growth across all state and local government "General Revenue from Own Sam.." in the most ..at three years of available data, 5.2 percent, is greater than the recipient's average annual revenue growth in the three full fiscal years prior to the public health emergency. In this illustration, n (months elapsed) and counterfactual revenue would be equal to: As of. 12/3//2020 12/31/2021 12I31Y2022 imlam a (monNa depend) ............................... _................... ...................................... COurRfedacluel raw.nue:.................................................................................. 1R 10].8 30 1135 42 118.4 50 125.R 'Aealyaia o'c earerly summery, or strn and Lanl Tu Rwenee, U.S. Cresm Rumsµ supra note 271. '^Nalwa d league of all,,. City Fibeal Cause...(m21),nwilabbax?war1Awwnk.w e wp nvolo Uupbold"2Ut0/402v-City-Faye. Condl(ron.eeport-202r.pdy "'Cmbr for Indian Country readepment and Fedml Reawve lank of Minneapolis, One Yew Imo COVIU-m. Pandemic's Negative sheds Persist in Indian Country (May 2021). owilable at https✓l Ink,covid fern evo� ru,sh%2r/oneeares pan ago lima-Ponle( jr. insean pray. era Souse.g.. Nanorapotrid?. fl rtysDeaow Der Grimareow State and Lwe1 SequreHan aStreet lmnoMn Rlce. PNetel Reserve Hank of Now Ynh a, Pew Bemired. stab and meal Governmeen lab Growth Lego ae &enemy R.— (Sepbmban rOzfl. wallama m hrcps/M Mrsemoso teal react lands2wiYa dN idwl202llO9n4/araa- .nd how, aveammwyo6 gmMf-logsaserormmy- ^• At are erne the Interim final rule was published, the sewage annual gran h serves all .late and keel govammanl "Crewel Ravens fan Oew5amae:'intb rnswoeen nes.,areof vaikhle due (x015-xolel wan e.1%, which was presented as one apdm for the gmMh adjuatmant. Since the interim find rule was published. 2019 does her bean waste eewris e, which itmroaxa are me to x. %.'Fie hard .1..,do. the pvwMs, m ss%, as aboard In a" n. s^.. As explained below, I. the feel role. ncipn t adjust setanl rave... anumna base.. owed. has pdicy changes. 4402 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations The figure below illustrates the hypothetical recipient calculated in reduction in revenue for the accordance with the methodology. W =Actual Revenue 130 120 110 100 90 80 Jun49 wExtent of reduction in revenue .Rasa war rowmux Finally, as explained in greater detail below, the clear meaning of the statutory phrase "due to the COV10.19 public health emergency" is that it is referring to revenue reductions caused by the public health emergency. As each, it does not include avenue reduced for reasons other then the public health emergency. Treasury in the interim final rule presumed that any reduction in revenue relative to the counterfactual estimate would be considered revenue lost due to the pandemic and thereby relieved recipients of the administrative burden of determining the extent to which reduction in revenue was due to the public health emergency. The calculation methodology in the interim final rule implicitly assumed that recipients did at suffer a lass in revenue due to the public health emergency if they did not extensors, a reduction in aggregate revenue compared to the counterfactual estimate. The interim final rule invited comments on whether Treasury should revise its presumption to "take into acmunt other factors, including actions taken by the recipient as well as the expiation of the COVIQI9 public health emergency, to determining whether to presume that revenue losses Dec-20 Dec-21 are'due to' the COVIO-19 public health emergency." Treasury received a substantial number of comments on the revenue loss provisions set forth in the interim final rule. Thine comments largely revenue should be -or that ell Overall Methodology for Calculating Revenue fries As noted above, the interim final rule provided a formula for recipients to calculate revenue loss by comparing actual revenues received during a given time -period with a counterfactual amouvt of revenue based on revenues in the base year and an adjustment for expelled growth in revenue each year. Public Comment Treasury iecmved many public comments on the overall methodology for calculating revenue loss. Some recipients, including smaller governments, have expressed =core regarding the burden associated with Deas22 Dec-27 the calculation of revenue loss, par0cularly the burden Involved in calculating the amount of general revenue, given that the definition of general revenue in the interim final rate does not always align with the definition of revenue already calculated by recipients for other purposes, end requested clarifications regarding a number of components, including the definition of revenue. Commenters also asked for clarification on the relationship between revenue lose calculations... different calculation dates. Other commenters argued that the revenue loss formula does not precisely capture the nuances of local revenues or their particular situation. For example, some commenters stated that requiring that revenues be aggregated fails to capture decreases in revenue sources that cannot really be made up for with other revenue sources. Treasury Response: In the final rule, Treasury is largely maintaining the revenue lose formula as set forth in the interim final rate. To address comment. that the formula for calculating revenue loss was difficult to apply. Treasury is including an option for recipients to use a standard allowance for revenue loss. Specifically, in the final rule, recipients will be permitted to elect a fixed amount of loss that can then be used to fund government services. This fixed Federal Register/Vol. 87, No. I8/Thursday, January 27, 2022/Rules and Regulations 4403 amount. referred to as the "standard allowance," is set at up to $10 million total for the entire period of performance not to exceed the recipient's SLFRF award amount, Although Treasury anticipates that this standard allowance will be most helpful to smeller local governments and Tribal governments, any recipient can use this standard allowance instead of calculating revenue lass pursuant to the formula above, so long as recipients employ a consistent methodology across the period of performance (La., chores either the standard allowance or the regular formula). Treasury intends to amend its reporting farms to provide a mechanism for recipients to make a one- time, irrevocable election to utilize either the revenue loss formula or the standard allowance. The $10 million level is based on average revenue loss across state and local governments, taking into consideration potential variation in revenue types and losses and continued uncertainty faced by many recipients re coding revenue shortfalls. To calculate this estimate, Treasury applied a variation of the final ride's revenue loss calculation on available aggregate state and local government lax reason. data as reported by the Census Bureau for the Beat calculation data of December 31, 2020, This estimate accounts for expected variation acmes recipient experiences and reflects the fact that the final rule revenue loss calculation provides recipients several options for specific aspade (e.g., calendar year or fiscal year basis; use of average state and local revenue growth rate or specific local rate). Treasury compared actual calendar year 2U20 tax revenues, in aggregate for all state and local ima enwante, to several counterfactual trends that vary based on the end date of the fiscal base year?sa Treasury also assessed counterfactual trends using different revenue growth rates (e.g., the three-year average growth rates of total state and local government general revenue for both fiscal years ending in 2015­2018 and fiscal years ending in 2017-2019; the three-year average growth rates of total atem and local government tax revenues for fiscal years ending in 2017-2019; and the one- year growth rate for mist state and local government tax revenue in the lam fall fiscal year before the public health emergency). To account for the fact that the initial estimate, based oo tax as Bc e1w Ceneua Bareeua"eta and 1.1 pnornment ma raeonue darn is Waned on a gnanaar eognonc, need bans ymr and daze. of M—ha, i... ar. Seln.nrber a., and! nrcemtar a ware used in this mes.ment. revenue, only includes a subset of recipient aggregate general revenue, Treasury applied a adding factor to recognize that tax revenues generally make up just over half of general revenue collected by state and local governments (i.e., Treasury scaled up its estimate based on tax revenue to produce an estimate for total general revenue).'"' The resulting calculation was then extrapolated over the four-year period of performance and divided by a population of interest to arrive at an avmage lass estimate. As noted above. Treasury estimated a range of scenarios to account for different values of the variables that would impact average losses. For example, the end date of the fiscal base year and growth rate of counterfactual revenue impact the overall estimate of revenue loss. In addition, this estimate takes into consideration the limitations in the available date. The governments covered by the Gamma Bureau's survey do at entbely align with SLFRF recipients. The Census Bureaus figures are based on 50 state governments, all local government property tax collectors and local government ron-property tax imposers, representing at a minimum the more than 38,000 "General Purpose Governments" defiosd by Gansu.. However, there are only roughly 32'000 recipients of SLFRF funds. Thus, Treasury considered the difference between the number and type of entities fn the Cerise Bureau data and the SLFRF recipients. Based on this methodology, Treasury estimates that average revenue loss (determined by comparing the counterfactual revenue to actual revenue) may range from $0 to $11.7 million per recipient over the period of perfarmanum— Treasury settled on a point estimate toward the upper end of the range of potential averages, in part, to amount for significant variation in the experiences of recipient governments: Some recipients likely experienced losses at the upper end of this range of potential averages. A point estimate toward the upper and of the range errs toward ensuring more recipients' experiences are covered and increases the utility of the standard allowance for SLFRF recipients. Specifically, the program includes a very large number of recipients with relatively smaller awards; these recipients have tended to describe having greater difficulty completing the "I Annual Survey of Stale and Local Govemment deans. Isom]. "^This b Ilm range of.v—,on even Tons., alenlamd be vrePns dw .for— o onnd as.mnminre. regular revenue loss calculation. Thus, selecting a point estimate toward the higher ..it of the expected range not only increases the likelihood that the standard allowance will railed the experience of a larger number of SLFRF recipients but is more responsive to the comments of thee. with smaller awards. In addition, using a point estimate toward the upper and of the range accounts for the difficulty and uncertainty in predicting revenue lasses years into the future, throughout the period of perfoemance.am Finally, Treasury selected a single allowance level, es opposed to varying levels, to further the goals of simplicity, flexibility, and administrebility. Furthermore, data limitations make it difficult to distinguish between types of Ireal gowsmncnta.2ee General Revenue The interim final role adopted a definition of "general revenue" based largely on the components reported under "General Revenue from Own Sources" in the Census Bureau's Annual Survey of State and Local Government Finances. Under the interim final rule, general revenue included revenue collected by a recipient and generated Cram its underlying econom , end it would capture a range of different types of tax revmtuss, as well as other types of revenue that are available to support government aarvicesPes Specifically, revenue under the interim Beef tale included money that is received from tax revenue, current charges, and miscellaneous general revenues and excluded refunds and other correcting tmnsectime, proceed. from issuance of debt or the sale of investments, agency or private treat transactions, revenue from utilities. social insurance trust revenues. and intergovernmental an, Sne, ea. Gwemmenl Accountability Ofice. State and lard tuverwneste: FbW Conditions "none on COW61B PoMemic in S.I.and Steka up from their loin 4404 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations transfers from the federal government, including transfers made pursuant to section 9901 of the ARPA.-n In the case of Tribal governments. it also included revenue from Tribal business enterprises. Public Comment: Many commenters asked Treasury to include certain items in the definition of "goners) .venue." For instance, several comments. that operate their own utilities asked that revenue from utilities be included, arguing that declines in utility revenue direct)y affect contributions to their generel funds. Many of these commenters noted that moratoriums on utility shutoffs and a decline in collections have resulted in significant budgetary pressures. Some.mmenters also asked for the exclusion of certain intergovernmental transfers in the definition effloresced revenue, including transfers of shared revenue from the stater" Other commenters asked for the inclusion of certain transfers from the federal government, including fees paid for services and grants that are, in effect, paid for fire provision of services. Treasury also received multiple requests to include revenue from Tribal enterprises in the definition of "general revenue" and that "Tribal enterprise" be defined broadly. Others asked for the ability to choose whether to include revenue from Tribal enterprises. Finally, some commenters requested that the definition of general revenue exclude certain sources of revenue, such as revenue sources that do not support a general fund (i.e., revenue sources that are restricted to use). Commenters also asked that general revenue exclude revenue from special assessments, settlements that make the recipient as A. iush..mil rut..cored our" Ma nl .I--and possesses axcludmi remade and . as Namemhi,u. Named of 'ezdudleg' m untie end IN, co miler, corwassions, IN Cason abuse. mefhmddmgy ri ma ad tub Wuee assiduous sod based provides IN, ,—I revenue and lax —a. -am it. ipad 'net or'mmads and oiler arreuipg Nast Una. no use of, ascwiug" m the Interim limit care Is station wit d. acme aa, he Ci n m, Banco, met enickssy. Itowsvm, as In mpei.tan wild We sm -loin.,, used by the Cn..a Bureau, de Mal col. pose "net o¢'sound of'mulndIn,."Curare charges are deMnd in "charges imposed fro ,ma din, current emvi me or fro Ilm sale of ecducts in connection with gene eral grense tivftie :' It outsde, revemma such as public whole for past expenditures, and one- time revenues such as revenue from the sale of property. Treasury Response: In the foul rule, Treasury has maintained the definition of "genera] revenue" from the interim final rule with two excep(lone. Treasury has adjusted the definition to allow recipients that operate utilities that are part of their own government to choose whether to include revenue from these utilities in their revenue loss calculation. This change responds to comments from recipients indicating that revenue from utilities is used to fund other government services and that utility revenues have declined on aggregate,ser This approach n consistent with other eligible uses, which recognize decreased ability of many households to make utility payments; see section Assistance to Households, which identifies utility assistance as an enumerated eligible use of funds, including through direct or bulk payments to utilities for consumer assistance. Furthermore, for utilities or other entities (e.g., certain $.vice districts) that are not part of the recipient government, a transfer from the utility to the recipient constitutes an intergovernmental transfer and therefore is included in the definition of 'general revenue."aes Treasury has also added liquor store revenue to the definition of general revenue. The Supplemental Information to the interim final rule staled that the definition of tax revenue would include liquor store revenue, but the text of the role did not include it. Accordingly, in the final role, Treasury is clarifying that revenue includes liquor store revenue. However. Treasury believes revenue from government -owned liquor stores is better classified as general revenue than it is as tax revenue. so the final rule includes it as pert of general revenue, In response to requests that the definition of general revenue exclude revenue from special assessments, settlements that make the recipient whole for past expenditures, and one- time revenues such as revenue from the sale of property, Treasury is maintaining its position In the final rule that such .venue is included in general revenue. While such revenues may be lass predictable than other sources of revenue (e.g., property taxes), these a. not uncommon sources of revenue for recipients, and their inclusion provides a more ..plate view of the financial health of a recipient government and is ..)dent with the Comore Bureau methodology. Treasury is also maintaining the exclusion of all payments from the federal government (including payments for services) from general revenue in order to avoid substantial dilution of the definition of revenue, particularly in light of extraordinary fiscal support provided during the pandemic. Treasury is maintaining the inclusion of intergovernmental transfers other than from the federal government for the mesons provided in the Supplemental Information to the interim final rule; to do otherwise would be to significantly distort the revenue calculations for local governments that regularly receive revenue sharing payments, for example, from their state governments. Treasury is also maintaining the approach that "general revenue" includes revenue from Tribal enterprises. This approach recognizes that these enterprises often form the revenue base for Tribal governments' budgets. To ease the burden on recipients and account for anomalmrs variations in revenue, as mentioned above, Treasury has incorporated a "standard allowance" option into the final role. A recipient may choose to use the standard allowance, which under the final rule is set at up to $10 million, not to exceed the recipient's SLFRF award amount, as an alternative to calculating revenue loss according to the formula described above. This addition will promote administrative efficiency and simplify the revenue loss calculation for the vast majority of recipients. Treasury intends to amend its reporting farms to provide a mechanism for recipients to elect to utilize either the revenue Im. formula or the standard allowance, in addition to other changes made as part of the final rule. Aggregate Revenue Loss Calculation Under the interim final rule, revenue loss was calculated based on aggregate revenues and therefore loss in one type of evenue could be offset by gains in another. The amount of SLFRF funds education imtimnnn, public hospital, and toll an U.S. Eni l.Mruatim, Adminmannn, available to provide government a. Miardleceongerev enue venum e reprlew die. mhorgmnal AElectricutiuryate al Electric Deacmbw tact), services was based on overall net avnnm iff,rommena Gram understood! hnpi:nimor dn.gov/decMuryhmlaa_ revenu61oa6. In the Supplementary PP y dmirosn annrcna r,.a.. ad.r man uuuty and +na.rence Neat rempled, including ants. cayaltia. nepnm./. '°FAQ one provides hmhergabi.... con how Information to the interim final rule, low, psuccul, and fin.. in dmarmine what entitle. conatimte. gcannumm Treasury asked commenters to discuss .^The mmam final opts..eluded sovanmenml ter purpome of mlculmiry ramem. lass, sae the advantages and disadvantages of, barkr, from the reduced Govan., but it did Cmonavirus Son and Local Rural Pwnvery)Lode, with,( and any potential con.[rla with, this (soda c odd euludm fnlmgwwnmenbl members from dish gwemmentel spin far purpoua oftbe asecam hiss Freiman, Asked Quati.n. a. d July 19. 3021; hops://hmnetre.sury8olawmmelds./tau ncedes is approach, B pavumre. B HPFAQpdy which it could be necessary or Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4405 appropriate to calculate the reduction in revenue source. Pu61ic omment: Treasury received many comments stating that revenue Ion should be calculated on a source - by -source basis. Some commenters argued that a source -by -source approach would be administratively simpler. Other commenters argued that calculating revenue loss source-by- .oume would better reffect the impact of the COVID-19 pandemic on their ability to fund government services bemuse revenue gains in one source cannot always be used to make up for losses in another. For similar reasons, other commenter. asked that revenue lass be calculated on a fund beats. Treasury Response: Treasury considered alternative methods (e.g.. source -by -source, fund -by -fund) but ultimately determined to maintain the calculation ofrevenue loss in the aggregate. T'he pandemic has had different effects on recipients (and their revenues), and Treasury recognized that one particular type of revenue or one particular source may have experienced a greater amount of lose for some recipients. However, the statute is. only to "the reduction in revenue of such State, local government or Tribal government." The statute is thus clear that Treasury is to refer to the aggregate revenue reduction of the recipient due to the public health emergency. Further, this provision is designed to address declines in the recipients' overall ability to pay for governmental services, and calculating revenue lose on an aggregate basis provides a more accurate representation of the effect of the pandemic on overall revenues and the final health of the recipient. In many circumstances, recipient governments have flexibility to use revenues from an array of sources and offset declines in some sources wfth gains in others. V✓hfb, the details and configuration of this flexibilfty vary widely across recipient governments, calculating revenue loss on a source -by -source or fund -by -fund basis would not capture how recipient governments balance their budgets in the regular course of business. Accordingly, the final rule maintains the requirement that rovenue loss is to be calculated an an aggregate basis. Calculation Dates Public Comment: Under the interim final rule, recipients calculate revenue less as of the end of the calendar year. Treasury received many comments requesting that recipients be permitted to calculate avenue loss as of the and of their fiscal year. Commenters argued that doing so would be simpler and less burdensome oa recipients end that financial date as of Curd of the fiscal year is audited and therefore more reliable. Communion also argued that recipients' fiscal years are structured around the timing of major revenue sources, and that the Census Bureau uses fiscal years in its Annual Survey. Treasury also received comments about the use of multiple calculation dales. Several Tribal governments stated that they would not see ongoing revenue losses due to the COVID-19 public health emergency suit asked to be able to determine revenue loss as of the first mice lation date. Several commenters asked whether revenue lass is determined independently for each year, so that a gain in one year does not offset a loss in ...then, or whether revenue loss is cumulative from the beginning of the pandemic. Treasury Response; In the final rule, Treasury has made adjustments to give recipients more Flexibility with respect to calculation data$ end to clarify certain elements. Specifically, the final rule provides recipients the option to choose whether to calculate revenue loss on a fiscal year or calendar year basis, then It they must choose e consistentbasis rlo..calculations throughout the period of performance. Treasury has also clarified in the final rule that revenue loss is calculated separately for each year such that the calculation of revenue lost in one year does not affect the calculation of revenue lost in prior or future years. Presumption That Revenue Loss Is Due to the Pandemic As stated above, sections 602(c)(1)(C) and 993(c)(1)(C) of the Social Security Act provide that SLFRF funds may be used "for the provision of government services to the extent of the reduction in revenue of each ... government due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year of the . . government prior to the emergency." As discussed in the interim fical rule, although revenue may decline for reasons unrelated to COVM-19, in order to minimize the administrative burden on recipients in calculating revenue loss ..it take into consideration the devastating effects of the COVID-19 public health emergency, any reduction in revenue relative to the counterfactual estimate was presumed in the interim final rule to be considered revenue lost duo to the pandemic. Treasury stated in the Supplementary Information to the interim final rule that it was considering when, if ever, during the period of performance it would be appropriate to reevaluate the presumption that all losses are attributable to the public health emergency. Treasury also sought comment on whether to take into account other factors. including actions taken by the recipient as well as the expiration of the COVED-19 public health emergency, in determining whether to presume that revenue losses am "due to" the CDVW-19 public health emergency. Public Comment: Treasury mosived many comments in support of the presumption, as well as some opposed. Some commenters argued that the presumption eases the administrative burden on recipients because, without iir it would be difficult to identify which losses are attributable to the COVID-19 public health emergency. Many commenters also argued that Treasury should maintain the presumption because recipients are likely to experience losses due to the public health emergency even after the end of the public health emergency. Treasury also received comments asking that it adjust any avenue loss calculation to account for tax changes enacted by the recipient. In particular, some commenters noted that some recipients had increased taxes in ardor to ..at additional demands for government services in to address declines in revenue due to the pandemic. These tax increases have in some cases offset some or all .l the ad..] revenue lams attributable to the public health emergency. Because the interim final cute calculates revenue loss by reference to actual revenue collected, commenters argued that the calculation of revenue loss "due to" the public health emergency needs to take into consideration the effects of tax increases by deducting the effect of these tax increases from actual revenue collected. Treasury Response: In the final rule, Treasury has maintained the presumption that a reduction in a recipient's revenue is due to the public health emergency with carom adjustments to respond in comments and to better account for revenue loss "due to the COVI0.19 public health emergency." The final rule makes adjustments to the presumption to take into account certain government actions to change tax policy. In particular, Treasury is adjusting the presumption to amount for changes to tax policy by providing that changes in revenue that are caused by tax increases or decreases adopted after the issuance of the final rule will not be treated as due to the public health emergency. 4406 Federal Register/Vol. 87, No. Ig/Thursday, January 27, 2022/Rules and Regulations Presumption of Revenue Loss "Due To" the Pandemic In enacting sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act, Congress provided that a state, local government, or Tribal government could use funds to"cover coats ... for the provision of government services;' but only "to the extent of the reduction in revenue ... due to the COVID-19 public health emergency relative to revenues collected in the ..at recent full fiscal year... prior to the emergency." In doing so. Congress recognized that the pandemic wee amusing significant disruption to economic activity and sought to minimize the impact of associated levels revenue on the ability of the recipient to provide government services when such services were needed most.ai, The tam of the statute itself reinforces this important context: The law specifically limits funds to v.r revenue losa.. that both are "due to the COVID-10 public health emergency" and could impact "the provision of government services." Courts have mainland that the phrase "due to" can refer to various arousal mandards.29' Here, in the context of Congreas'a addressing economic dismptiona caused by the COVID-19 pandemic that could import both revenues and government services, the key consideration I. whether a revenue lass experienced by the recipient resulted from the exogenous impacts of the public health emergency (and were thus "due to" the pandemic) or instead from the recipient's awn discretionary actions (and, in this context, were not "due to" the pandemic). Reductions in revenue due to the public health emergency does not cover revenue reductions that resulted tram a recipient's awn discretionaryy actions. In the interim final rule, Treasury Included a presumption that all revenue loss fa due to the pandemic fn or to minimize the adminisrative burden an recipients discussed above and take iota consideration the devastating.Ne�ts of the COVID-19 public heelI emergency. Based on comments Treaa at as ury that the reasons for the ph aumpdan continue to be valid and Fran determined to maintain the presumption in the final rule with certain modifications. In rvn ama4o seclione ae2(egtl and eased MIM1a SadeI Security Aa (appropriating flo had. far, pryment to raipimna in ender to "mitigate Ile mod eaacte eremmi,p from the public hiehh m,ar,xv,"). — U.S. Poatol Survhn v, creel aegeWrory Consisted o in,nth F..ad 120 UdC air, an11'. ue.Gmber v. TmaId Cory., ins F.ed owe, uw both M,.. a.); Adam, v. m,acroc 014l m6 Fad ale..21 (nth Cc amid. particular, at this paint in the course of the pandemic, with the fiscal pressure n state and local governments having been significantly reduced, it is appropriate for Treasury to reassess aspects of this pmsnmptian. As discussed below, the final rule requires recipients to exclude the value of tax Policy changes adopted after January g, 2022. Recipients of the SURF range from slates to the smallest local governments. At the dine that the interim final rule was adopted, it was important for recipients to be able to calculate with ease and certainly their amount of revenue loss so that they could begin deploying these funds to continue to maintain essential government services. To this end, the presumption in the interim final rate provided a relatively simple formula for all recipients to use, but the exigent need for recipients to immediately deploy funds for the provision of government services has decreased suit the benefit of the presumption in reducing administrative burden is Into relevant far those governments that are not likely to avail themselves of fire standard allowance described above. Consistent with these considerations, the final .Is requires recipients to exclude revenue tars due to tax changes adopted inflationary B, 2022. Eliminating revenue less due to tax changes from the presumption is appropriate given the significance of tax revenue as a portion of all revenue for state and local governments, the direct impart of tax policy decisions on revenue reflected, end the relative ease with which recipients can isolate the estimated affect of a tax change on revermines Most state budgeting processes require a "budget aeons." often developed through a consensus process with executive and legislative branch experts,asr and Treasury expects that larger localities, those most likely to utilize the revenue loss formula rather than the standard allowance, also regularly use revenue or budget estimates when considering changes to tax policies. As such, in many cases, recipients already pprepare estimates of the impact of lax chen,a. on revenue, and as discussed below, Treasury will generally permit recipients to rely on such estimates in adjusting their revenue loss calculations. Reductions in revenue that are not attributable to tax changes would continue to be subject to the presumption. A requirement that recipients evaluate the revenue effect of changes in discretionary policy actions other than tax changes would be more difficult for recipients than evaluating the changes attributable in tax changes given that state and local governments do not generally prepare estimates of the revenue effects of other actions. Finally, as noted above, taxes are the single baronet source of revenue for state and local government recipients in the aggregate. Roelof... to Presumption To Address Tax Reductions For these reasons, Treasury is providing in the final rule that changes in general revenue that are reused by tax cuts adopted lifter the data of adoption of the final rule IJanuary 6, 2022) will not be treated as due to the public health emergency, and the estimated fiscal impel of such tax cuts must be added to 'rat of "actual revenue" for purposes of calculation dates that occur on or after April 1, 2022, Tax cuts include final legislative or regulatory action or a new or changed administrative Interpretation that reduces any tax (by providing for a reduction in a rate, a raises. a deduction, a credit, or otherwise) or delays the imposition of any tax or our increase and that the recipient assesses has had the affect of reducing tax revenue relative to current law. This Includes the phase -in or taking affect of any statute in mle if the phecin or taking effect was not prescribed prior to the issuance of the final rule. In assessing whether a tax change has had the effect of reducing tax revenue, recipients may either calculate the gamed effect on revenue or rely on estimates prepared at the time the tax change was adopted. More specifically, recipients may rely on information typically prepared in the course of developing the budget (e.g.. expected revenues) and/or considering tax changes (e.g., budge scores, revenue notes) to determine the amount of revenue that would have been collected in the absence of the tax cut, as long as them estimates are based an reasonable assumptions and do not use dynamic methodologies that incorporate the projected effects of macroeconomic growth, given that macroeconamic Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4407 growth is accounted for in the As is the rase with tax is discussed adopted between the beginnin of the counterfactual growth assumptions above, tax increases that most be public health emergency and the Recipients that choose to calculate the reflected in the calmdation of revenue adoption of the final rule. Truantry actual effect of a tax change on revenue include final legislative or regulatory intends to reviaa its reporting must similarly base their calculations on action or a new or changed requirements to permit recipients to reasonable estimates that do not use administrative interpretation that amend their previously reported dynamic methodologies. Recipients increases any tax and that the recipient calculation periods to reflect such should apply this adjustment in assesses has had the affect of increasing changes. determine their actual n total t 1 ti t 1 I ng rave ue s as revenue re a ve o currant aw. n at Step 3 in the revenue loss calculation assessing whether a tax change has had described above. the effect of increasing tax revenue, Revisions to Presumption To Address h Tax Increases As noted above, the calculation methodology in the interim final rule implicitly assumed that recipients did not experience a reduction in revenue due to the public health emergency if they did not experience a reduction in aggregate revenue relative to the counterfactual estimate. Treasury recognises that some recipients may have experienced a reduction in revenue due to the public health emergency that was offset by other revenue, particularly in the case of Increases to tax revenue resulting from a tax increase. The final rule requires recipients that increased taxes to deduct the amount of increases to revenue attributable to such tax increase. This change is also consistent with the incorporation in the interim final rule and find) rule of a counterfactual growth rate, which effectively permits recipients to count revenue losses due to the public health emergency that are offset by increased tax revenue resulting form organic growth. For these reasons, Treasury is providing in the final rule that recipients must subtract from their calculation of actual revenue the effect of tax increases adopted after the data of adoption of this final rule fanuary 6, 2022) for purposes of calculation dates that occur on or after April 1, 2022. This change and the change to the fine] rule described above treat tax changes in a consistent manner. In the case of reduction in revenue resulting from a lax cut, a recipient must add the amount of that reduction to its calculation of actual revenue, and to the case of an increase in revenue resulting from a tax increase, a recipient must subtract the amount of additional revenue collected as a result of the tax increase from its calculation of actual revenue.zes ..no final rate des, not person recipients to renect the effects a orlon, thong. In'altar, sndt to fees adapted aaer adoption of the Bnelmiu r, I —an, nrdererande that the mein bmmfitlenes at such a change would be those mcipiants War will intent (rem me standard advances 'needed cos In the Gnat .I. act that for athm recipients the edmmistrmiee burden- mrttneme tw.aad to camwate mesa adiestmsnts remprents may at at calculate the actual effect on revenue or rely on estimates prepared at the time the tax change was adopted. Recipients may in the course of developing the budget scores, revenue astral to determine the amount of revenue that was collected as a result of the tax increase as long as those estimates are based on reasonable assumptions and do not use dynamic methodologies that incorporate the projected effects of macroeconomic growth, given that macroeconomic growth is accounted for in the counterfactual growth assumptions. Recipients that choose to calculate the actual effect of a tax change on reveuue must similarly base their calculations on reasonable estimates that do not use dynamic methodologies. Recipients should apply this adjustment in determining their actual revenue trials at St 3 in the revenue loss calculation described above. Previously Adopted Tax Changes As discussed shoe, the final .Is will not require recipients to reflect the revenue effects of tax increases or decreases adopted prior to the adoption of the final rule. Recipients that adopted a tax change in a previous period will not be required to recalculate the amount of revenue loss as of prior calculation dates or to reflect the fiscal impacts of such tax changes in calculation dates aft" the effective date of the final rule. However, the final rule will permit recipient. to elect to reflect the revenue effects of their tax changes adopted between the beginning of the public health emergency and the adoption of the final rule.zse If a recipient elects to do so, it must do so with respect to all of its tax changes waved outweigh the hanefil of baring. eotnawh.t 6rgm Door of foods evelleble forger foment —TM 0ul ram abo addressee the prosmrlit, the] come rttlplenn may bell h11I ymn ending entries the la_ hetwcen January a, 1or3 and April r, nt aueh rslinced. e,."a. to tent tax chances train polar penoda reason also apply in change during Chia period with nsprct to the calculation date in this period. Determination of the Banc Year Under the ARPA and interim final rule, SLFRF funds may be used "for the provision of government services to the extent of the reduction in revenue .. . relative to revenues collected in the most recent full fiscal year" of the recipient. Therefore, the base year for the revenue lass calculation is the most recent full fiscal year prior to the COV10.19 public health emergency. Public Comment Treasury received multiple comments asking for Flexibility in determining base year revenues. For instance, aome commenters asked to use a different base year then the "most moral full fiscal year" prior to the pandemic for calculating revenue loss; others asked to be able to average prior years. Commenters stated that, for various reasons, revenue was artificially low in the last full fiscal year prior to the public health emergency, and, therefore, using revenue in that year as the base yea did not accurately reflect expected revenue in a normal year. For example, several Tribes stated that unforeseeable weather events resulted I. forced closure of casinos which, in turn, artificially deflated revenues in the base year. Other commenters indicated that one-time anomalies in the timing of tax collection in that year artificially pushed revenue into the following fiscal year. Similarly, a few commenters noted that tax changes that look effect in the middle of the base year may artificially skew the size of the revenue loss experienced by the recipient government. Treasury Response: Treasury understands that recipients may have expn erieced events in the base year that led to lower or higher revenues than what they otherwise would have collected. The ARPA provides that revenue loss is to be determined with respect to m some in the most recent full fiscal year prior to the pandemic, and therefore the final rule maintains its incorporation of the statutory definition. In calculating revenue loss, recipients may use date on a cash, accrual, or modified accrual basis, provided that recipients are consistent in their choice of methodology throughout the covered period, which might help recipients adjust to certain delays in revenue receipt. Bah the standard allowance and elements of the formula (e.g., 4406 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations counterfactual growth rate) incorporate generous assumptions to give recipients Flexibility and to account for variation among recipients' experiences during the pandemic. Government Services The SUPPLEMENTAL INFONIMT IN to the interim final rule provided a non. exhaustive list of examples of services that are government services. The interim final rule also discussed why motion payment of debt service nor replenishing financial reserves constitutes government services, as these expenditures do not provide services but relate to the financing of such services. Similarly, government services under the interim if.] rule did not include satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding, unless the judgment or settlement required the provision of government services. Public Comment: Treasury received several comments requesting further clarification regarding the scope of government services, including asking for either a specific definition of government services or that a specific use be expressly deemed to be a government service. Some commenters disagreed with the exclusions from government services in the interim final role. For instance, many of the comments Treasury received suggested that replenishing reserve funds and at lest certain types of debt service should be trusted as providing governmental services. Some commenters also suggested that a recipient should be able to use funds for costs incurred before Mach 3, 2021. Other commenters asked Treasury to maintain the prohibition on using the funds to pay debt service. Treasury Response: Treasury continue. to believe that the lists of activities that either ere or are not providingg government services are accurate but is clarifying here that, generally speaking, services provided by the recipient governments am "government services" under the interim final role and final rule, unless Treasury has stated otherwise. Government services include, but ere not limited to, maintenance or paygo funded building-0 of infrastructure, including roads; modernization of cybersecurily, including hardware, —F.ygo infr.vu[mm funding rehra e.rho pnatf a of funding opu.t pmacn with v,A-an hand iron, ox.. I... now and.1h. ether wo cash m.m.vea.um.. software, and protection of critical inf e.truclure; health services; environmental ma ediation; school or educational services; and the provision of police, fire, and other public safety services. The aforementioned list of government services is not exclusive. However, recipients should be mindful that other restrictions may apply, including those articulated in the section Restrictions on Use. In the final rule. Treasury is maintaining the limitations on government services included in the interim final rule and has addressed and responded to public commenters on these issues in the section Restrictions on Use. D. Investments in Water, Sewer, and Broadband Infrastructure Summary of Interim Final Rule Under the ARPA, recipients may use funds to make necessary' atments to waist, sewer, end broadband infrastructure. The interim final rule provided recipients with the ability to use funds for a broad array of uses within these categories. The interim final rule discussed two general provisions that apply across all water, sewer, and broadband infrastructure investments. First, the interim final role addressed the meaning of "necessary" investments as meaning those designed to provide an adequate minimum level of service and unlikely to be made using privet. sources of foods. Second, the interim final rule encouraged recipients ro use strong labor standards in water, sewer, and broadband projects, as discussed below. Necessary Investments The statute limits investments to those that are necessary. As discussed in more detail below, Treasury determined that the types of water end sewer projects that ware authorized under the interim final rule by reference to existing Environmemal Protection Agency (EPA) programs would in all cases be necessary investments given the conditions applicable to such EPA programs. Similarly, the interim final mle'e definition of eligible broadband projects as those designed to provide a certain standard of service to thus. households and businesses with limited existing service was based on the statutory requirement that investments in water, sewer, and broadband at be "necessary.•' As discussed further below, Treasury has expanded the scope of what is an eligible water and sewer infrastructure project to include additional uses. In particular, the final rule permits use of SLFRF funds for certain dam and reservoir maturation projects and certain drinking water projects to support population growth. The nature of these additional uses is such that additional factors must be considered in determining whether one of these additional uses is a ne®ssary project. In addition, Treasury recognizes that there may be a need for improvements to broadband beyond those households and businesses with limited existing service as defined in the interim final rule. Treasury has replaced this specific requirement based on an understanding that broadband investments may be necessary for a broader set of reasons. Given this expansion of what is considered in scope as a water, sewer. ar broadband infrastructure project, the feel rule provides a further elaboration of Treasury's understanding of the conditions under which an Infrastructure project will be considered to be a necessary investment, Treasury considers a necessary investment in infrastructure to be one that is (1) responsive to an identified need to achieve or maintain an adequate mfnimum level of service, which may include a reasonable projection of increased need, whethe, due to population growth or otherwise and (2) a cost-effective means for meeting that need, taking into account available alternatives. In addition, given that drinking water is a resource that is subject to depletion, in the case of investments in Infrastructure that supply drinking water in order to meet projected popWetion growth, the pproject must bra projected to be sustemalb, a over its estimated useful life. Not included in the list of criteria above is the requirement in the interim final rule that the project be unlikely to be made using private sources of funds. Given that it may be difficult to assess in a particular case what the probability of private investment in a project would be, Treasury has eliminated this standard from the meaning of necessary but still encourages recipients to prioritize projects that would provide the greatest public benefit in their respective jurisdictions. Strong labor Standards in Water, Sewer, and Broadband Construction As stated in the Supplementary Information to the interim final me, Treasury encourages recipients to carry out investments in water, sewer. or broadband infrastructure in ways that produce high -quality infrastructure, avert disruptive and costly delays, and Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4409 promote efficiency.'°' Treasury as supplemented by Department of by the Environmental Protection Agency mountains recipients to use strong labor Labor regulations (29 CPR pail 5). (EPA). By referring to these existing standards, including project labor Treasury will continue to seek programs, with which many recipients agreements (PLAs) and community information from recipients on their are already familiar, Treasury intended benefits agreements that offer wages at workforce plans and water, sewer, and to provide flexibility to recipients to or above the prevailing rate and include broadband projects undertaken with respond to the needs of their local hire provisions. Treasury also SURF funds. This reporting will communities while facilitating recommends that recipients prioritize in support transparency and competition recipients' identification of eligible their procurement decisions employers by enhancing available information on projects. Furthermore, by aligning who can demonstrate that their the services being provided. Since SURF eligible uses with these existing workforce mats high safety and publiceton of the interim final rule, programs, Treasury could ensure that training standards (e.g., professional Treasury has provided recipients with projects using the SLFRF are limited to certification, licensers, and/or rebus( in- additional guidance and instructions on necessary investments." house training), that hire local workers the reporting requirements.'"' Public Comment: Treasury received and/or workers from historically underserved communities, and who directly employ their workforce or have policies and practices to place to ensure contractors and subcontractors meet high labor standards. Treasury further encourages recipients to prioritize employers (including contractors and subcontractors) without recent violations of federal and state labor end employment laws. Treasury believes that such practices will promote effective and efficient delivery of high -qualify infrastructum projects and support the economic recovery through strong employent m appointee ities for workers. Such practices will also reduce the likelihood of potential project challenges If as work stoppages or safety accidents, while ensuring a reliable supply f.killed labor and minimizing disruptions, such as those associated with labor disputes or workplace injuries. That will, in tum, Promote on -lime and on -budget delivery. Furthermore, among other requirements contained in 2 CFR 200, Appendix 11. m] contracts made by a recipient or subrecipient in excess of $100,000 with respect to water, sewer, or broadband inf restructure project that involve employment of mechanics or laborers at include a provision for compliance with certain provisions of the Contract Work Horns and Safety Standards Act, 40 U.S.C. 3702 and 3704, —° oaaenry mashed eavmd mmmems related to oumgmno.I of .9. wage sad lame m.ndads he the Supplamamary randnwtion es the immes limit refs. Santa cm... allied this umgmnent man, that amn —tom Bement end refemnm he K.As end pmvailie, siege lawn wind lead to canludmis or make it mom likely not re, "ores wane eppg (shin an—aarde m ways tom out a co of n'doo t and ratio project rams. C.-scaly, same ismmemms eupptend the ansimingromet of the me of cousin standards. Including giving prefsence to employme cut meet mnam employment eanderds lag. these that eimain high assay and time, mandardsl momme it would.plea me "I of complain, wave, amem. and hmadmsnd led. eminently and coo, A. In the haarlm anal rub, this —extension em uxt ia t dose ma Impme ngelly bindiep r edhio ion an teii'modz Environmental and Other Generally Applicable Requirements Treasury cautions that, as is the own with all projects engaged in using the SURF funds, all projects must comply with applicable federal, 'lets, and local law. In the case of infrastructure Projects in particular, this includes environmental and permitting laws and regulations. Likewise, as with all capital expenditure projects using SURF funds, projects most be undertaken and completed in a manner that is technically sound, meaning that they must meet design and construction methods and use materials that are approved, codified, recognized, fall under standard m acceptable levels of practice, or othmwise are determined to be gerelly acceptable by the design endm construction industry. 1. Water and Sewer Infrestrumme Sections 602(c)(1)(D) and Section 603(e)(1)(D) of the Social Security Act provide the recipients may use the SURF funds "to As necessary investments in water land) fresewer. . fnstructme." The interim final rule permitted a broad range of necessary inv mmeents in projects that improve access to clean drinking water and fropprove wastewater and stormwater infrastructure systems. As discussed below, after review of comments received on the interim final rule, Treasury has made changes in the final role to expand the scope of eligible water and sewer projects. Summaryry of Interim Fine] Rule and Final Rate Structure Background: In the interim final rule, Treasury aligned eligible uses of the SURF with the wide range of types or categories of projects that would be eligible to receive financial assistance through the Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF) administered in Sao U.S. nominated d tine Tent Gamesome and nepmnNg Continue, 21 Uuae 24, non. httpeJyhomeemme s"We'moillw".i 5/Fn mplimm end-Peyortin -Gaidana.pol. many comments responding to the water and sewer infrastructure provisions of the interim final role from stale. locel, and Tribal governments, industry trade associations, public interest groups, private individuals, and other interested parties. Commitment requested that Treasury provide a wider set of eligible uses for water and sewer infrastructure beyond those uses articulated by the DWSRF and CWSRF, suggesting that Treasury expand the definition of necessary water and sewer infrastructure. Treasury Reaponsean response to commenters, Treasury is expanding the eligible use categories for water and sewer fnfreatmcture. discussed in Further detail below. Because the interim final rate aligned the definition of necessary water and sewer infrastructure with the eligible uses included in the DWSRF and CWSRF, Treasury is reflecting in the final rule a revised standard for determining e necessary water and sewer infrastructure investment for eligible water and sewer uses beyond those was that us eligible order the DWSRF and CWSRF. Interpretation of Necessary Investments and Water and Sewer Infrastructure Necessary Investments: As discussed above, Treasury considers an investment in infrastmcture to be necessary if it is (1) responsive to an identified need to achieve or maintain an adequate minimum level of service, which for some eligible project categories may include a reasonable projection of increased need, whether due to population growth in otherwise and (2) a cost-effective means for meeting that used, taking into account available alternatives. In addition, in the case of investments in drinking water service infrastructure to supply drinking water to satisfy a projected increase in population, the project must also be projected to be sustainable over its estimated useful life. As detailed further below, DWSRF and CWSRF eligible projects continue to be presumed to be necessary investments under the final 4410 Federal Register/Vol. 87, No. 18/'l'hursday, January 27, 2022/Rules and Regulations role, with the exception of projects for the rehabilitation of dams and reservoirs, which the EPA has permitted in certain circumstances under the DWSRF and, as discussed below, are addressed separately in the final role. In evaluating whether a project would respond to a need to achieve or maintain an adequate minimum level of service, a recipient should consider whether it would meet the needs of the population to be served and would satisfy applicable standards. For example, a drinking water pmi must be sized such that it provides an adequate volume of water to households and other customers and must meet applicable standards far drinkil a water wastewater treatment project should be designed to manage updated estimated flow rates and comply with Clean Water Act requirements. These requirements criteria of the DWI is a the compared to alternatives, and the effectiveness of the project in meeting the identified need. Recipients are not required to conduct a full cost -benefit analysis: however, they should consider and analyze relevant factors. For example, a recipient may not use funds to pursue a costly dam rehabilitation to provide drinking water to a community if it could provide the same service with a significantly smaller investment by drawing water from another available reservoir, assuming that doing so would meet the other requirements of the final mle. As detailed further below, recipients ere only required to assess cost-effectiveness of projects for the creation of now drinking water systems, dam and reservoir rehabilitation projects, or projects for the extension of drinking water service to meet poppulation growth needs. Certain DWSRF eligibilities me already subject to a costeff defiveness test. Specifically, projects that create new drinking water systems must be a cost-effective solution to addressing the identified problenium The EPA also mposes a coat-efectveness condition on dam and reservoir rehabilitation projects undertaken pursuant to its class deviation from the DWSRF rule. These projects are particularly expensive and, unlike in the case of other types of eligible projects, there are often an^SM QM J tares/ b (Mat available alternatives to conducting these projects. Projects for the extension of drinking water service to meet population growth needs are also often particularly expensive, and there are often different ways to meet the needs of expanding populations. Treasury will accordingly require that recipients engage in a costeffactiven apt analysis when engaging in projects for the creation of new drinking water systems, it.. and reservoir rehabilitation project., or projects for the extension of drinking water service tome population growth needs. Other types oI eligible water m sewer projects will not be subject to this coat -effectiveness test, including lead line replacement and lead remeathdion.'m` In the case of projects that expand drinking water service infrastructure to satisfyy a projected mervi ss in populatton, the project most also be sustainable, meaning that the project can continue providing the adequate minimum level of service for its estimated useful life, taking into account projected impacts of changes to the climate and other expected demands on the source of water. For example, a reservoir rehabilitation project may not he pursued if the reservoir will no longer be able to provide an adequate source of drinking water before the end of the estimated useful life of the Improvements to the reservoir. In trees currently impeded by drought or where drought conditions are expected to be more frequent an mere severe in the future, sources of drinking water may be diminished more quickly than in prior periods. In considering how much of a source of water will be available in the future for the drinking water project, a recipient must consider that a source of water may be drawn upon or otherwise used for other current and expected uses, including use by fish and other wildlife. The final rule applies this susuddiability condition to projects that expand drinking water service infrastructure to satisfy a projected increase in population but not to other drinking water projects. When a new source of water is required to remedy an existing threat to public health, as in the team of source projects eligible under the DWSRF, sustainability should be a consideration, but in some cases, the Head to replace a contaminated source may mean that a leas sustainable choice was In aucL ream. otbc the projects ere prod mpave)y owteffoodoe hi, lead prnpte bald always be wamdaed emoarteclroe®wen the .ffiImposed by lad sommung)oracat- retworeastan is ins relawam®ven the lad of addible alternatives or the mlativoly law art of not pmose'. may be made. When faced with such an issue, such as in the case of a contaminated well system, a project to replace the contaminated source can be said to be "necessary" even if the replaced source is not sustainable over the long tern. Expediency may dictate that a shorter -term solution is pursued if it is cost-eOective and will prevent health issues while a longer -term solution can be found. In count an expansion to accommodate population growth cannot be said to be necessary if it is not sustainable over its estimated useful his. Not included in the list of miteris above is the requirement in the interim final rule that the project be unlikely to be made using private sources of funds. Given that it may be difficult to assess in a particular case what the probability of private investment in a project would be, Treasury has eliminated this standard from the meaning of necessary but nevertheless encourages recipients to apply funds to projects that would provide thedreatestpublc benefit. SWateranaucerinfrosWctum: As stated above, G roym i provided that SURF funds are available for "necessary, water, sewer, and broadband Infrastructure." Treasury interprets the reference to water and sewer used consistent with the inclusion of broadband uses. Water, sew., and broadband infrastructure all involve the provision of essential services to residents, businesses, and other consumers. As the pandemic has made clear, access to broadband has itself become essential for individuals and businesses to participate in education, commerce, work, and civic matters and to receive health cave and sorrel services. Water it sewer service. provided broadly to the public as essential servic. include lira provision of drinking water and the remova, . management, and treatment of wastewater and stormwater.-om Although governments are engaged in other Infrastructure related to water, including irrigation projects, transportation projects, and recreation projects, such projects go beyond the scope of what I. provided to all residents as an essential service. Provision of drinking water and moment management, and treatment of ses, don, Ianedimat nne, wassmar sow. ma time m.,mor raerea .pmbm no d—1mmmmsa er a,ama The aparata horbefon of wa&Y'aM"cease ird.. trocoure.l.madolow elmnhe "abler" in this context ram ea refer m ell wmven lato water. Clain thin seas, sysmma ry s enawamr Wel oil- eiamwmad. if ware, infnmrunare warn to rotor to ill —trembled inhamnaum m d-tomcat it would make its. mtlsoom dsewer, mire d—mre radwdent. Federal Register/Vol. By, No. iB/Thursday, January 27, 2022/Rules and Regulations 4411 wastewater end s muresawr are the typical responsibilities of "water and sewer" authorities throughout the country, and there is a tremendous need for improvements to the ability of state, local, and Tribal goveromenta to provide such services, including to address the consequences of deferred maintenance and additional millinery needed to adapt to changes to the Although the meaning of water and sewer infrastructure for purposes of sections 602(c)(1)I1)) and 603(c)(1)(D) of the Social Security Act does not include all water -related uses, Treasury has made clear in this final rule that investments to infrastructure include a wide variety of projects. Treasury interprets the word "infrastructure" in this context broadly to mean the underlying framework or system for achieving the given public purpose, whether it be provision of drinking water or management of wastewater or stormwater.enr As discussed below, this can include not cyst storm drains and culverts for the management of stormwaten for example, but also bioretention basins and rain barrels implemented across a watershed, including an both public and private property, that together reduce the amount of runoff that needs to be managed by traditional infrastructure. Further, Treasury understands that investments in infrastructure include e®In eddits7 eesuryinterpmre the elZi. uses dSLMF hmda egainat the beck®oundaM. orrrionn n Rent bLnd Icm]. rur which iM use rotation. ,m See, As, wrion 502 of the Federal Wtlm PAlutio s fond Act (33 U.S.0.1362), de6ritg "green inked—done"ee"Ne ru «at e thetum plant m soil syeams, pe blep ssount or ruler Parrrands utdores or s.twouse, eroonseer larval and move, ur hndaplip le sure, intilesso or.-Neumpimte eormw.tw and educe no— m aav,r ardo— or to earls. wmm-'• improvements that increase the capacity of existing infrastructure and extend the useful life of existing infrastructure. Accordingly, water and sewer infrastructure investment projecta include those that conserve water, thereby reducing pressure on infrastructure for the provision of drinking water, and that recycle wastewater and intercessions, thereby reducing pressure on the infrastructure for treating and managing wastewater and stormwater. As with other infrunrncture projects and capital expenditure projects that are permitted as responses to the public health emergency and its negative economic impacts, costs for planning and design and associated pre -project coats are eligible uses of SLFRF funds. Costs for the acquisition of land are also eligible, but only if needed for the purposes of locating eligible project components. Recipients should ensure that they have the technical, financial, and managerial capability to ensure compliance with the requirements of the SDWA, or that the assistance will ensure compliance and the owners or operators of the systems will undertake feasible and appropriate changes in Operations to ensure compliance over the long-term. Drinking Water State Revolving Fund and Clean Water State Revolving Fund Background: As stated above, in the interim final rule, Treasury included eligible uses of the DWSRF and the CWSRF as eligible uses of the SLFRF in the water and sewer inhaetroch re category. By providing that projects eligible under the DWSRF and the CWSRF are also eligible uses of SLFRF Ponds, the interim final rule permitted a broad range of projects that improve drinking water infrastructure, such as building or upgrading facilities and transmission, distribution, and storage systems, including replacement of lead service lines. With respect to clean water and wastewater infrastructure, the interim final rule provided that recipients may use SLFRF funds to construct publicly owned treatment infrastructure, manage and treat slormwater or subsurface drainage water, and facilitate water reuse, among other uses. Consistent with the DWSRF and the Ciii the interim Tina] rule provided that SLFRF funds may be used for eybeconerrily needs to protect water or sewer info strodure, such as developing effective eyhemermrity predicts and measures at drinking water systems and publicly owned treatment works. Use ofDWSRP and CWSRF to Support Climate Change Adaptations. Many of the types of projects eligible under either the DWSRF or CWSRF also support efforts to address climate change. For example, by taking steps to manage potential sources of pollution and preventing these sources from reaching sources of drinking water, projects eligible under the DWSRF and CWSRF may reduce energy required to treat drinking water. Similarly, projects eligible under the DWSRF and CWSRF include measures to conserve and reuse water, fro example through projects to reuse or recycle wastewater, stormweter, or subsurface drainage water. Treasury encourages recipients to consider green infrastructure investments and projects to improve resilience to the effects of climate change. For example, more frequent and extreme precipitation events combined with construction and development Vends have led to increased instances ofstormwater runoff, water pollution, and flooding. Green infrastructure projects that suppart stormwater system resiliency could include bioretendon basins that provide water storage and fultretion benefits, and green streets, where vegetation, soil, and engineered systems are combined to direct and filler rainwater from impervious surfaces. In cases of a natural disaster, recipients may also use SLFRF funds for water Infrastructure to provide relief, such as interconnecting water systems or rehabilitating existing wells during an extended drought. Public Comment: Many commenters expraised support for the interim final ride's If nment of the use of funds for water and sewer infrastructure under the SLFRF with the project categories provided through the BPA's DWSRF and CWSRF programs. Many commenters also provided recommendations about the specific types of water infrastructure projects that should be el'grble c ndar the final rule. In many of these mass. mmmenlers recommended that Treasury include.project types that are already eligible under the DWSRF and CWSRF and thus eligible undear the interim final rule and final rule. For example. several commenters requested that aquifer recharge projects, or other groundwater protection and restoration projects, be included as eligible uses of SLFRF when certain aquifer recharge projects that (1) implement a noupoinl source pollution management program inn or (2) constitute reuse of .. Spnnacely, Nu world lncludn diedurs ion p.I. thet decessw the boaden As suit can where then is umd relationship baMeen rioter witldrewels aM aerweter Intrusion i1 us pmpne implement a nonpdnt wurrx pollnes cwmnnm 4412 Federal Register/Vol. 07, No. 18/Thursday, January 27, 2022/Rules and Regulations wastewater, shermwaten or subsurface improve the quality of drinking women separately below under "Expansion of drainage water ere in fact eligible uses comply with primary or secondary Drinking Water Service." Projects under the CWSRF. Furthermore, under standards and point of entry or central eligible under thin DWSRF ..at be sized the DWSRF, eligible projects include treatment under section 1401(4)(E)(i)(111) only to accommodate a reasonable certain aquifer storage and recovery of the SDWA. amount of population growth expected systems for water storage. (it) Transmission and distribution to occur over the useful life of the Treasury Response: Eligible projects projects, including installation or project'. articulated in the DWSRF and CWSRF replacement oftiansmission and Eligible projects under the CWSRF. continue to be eligible uses of SLFRF distribution pipes to improve water The final rule continues to allow the use funds under the Fuel rule. Recognizing pressure to safe levels or to prevent of SLFRF funds for projects eligible that recipients have faced challenges contamination caused by leaks or breaks under the CWSRF, consistent with the interpreting eligible use categories in the pipes. interim finel role. Under the CWSRF,A under the interim final rule or moas- (iii) Source projects, including project most meet the action. of one of referencing EPA program materiels to rehabilitation of wells or development the following CWSRF eligibilities to be interpret eligible project types, Treasury of eligible sources to replace eligible for assistance. Section 603(c) of is including in this Supplementary contaminated sources. the Clean Water Act(CWA) ll2 provides Information additional information on (iv) Storage projects, including that the CWSRF can provide assistance: the types ofprojeats eligible under the DWSRF and CWSRF.'remsury installation in upgrade oneligible storage facilities, including finished uni. municipality, iry emphasized that this further clarification P water reservoirs, to prevent interstatg)toanym consnicitio n of publicly owned treatment wane lee defined Publicly mactsteic agency fwransWaa dappled does not. asury change in microbiological nants m cwtiono miemor Treaent eligibility. Treasury encourages public system. entering a public water system. the implementation lip for the implementation of e recipients toS reference EPA handbooks Consolidation projects, including ant pragmm established under for the DWSRF and CWSRP, which pbv)rojects projects needed to consolidate water ction 3 CWA: eta .ecnan 3tim provide further information and detail supplies where, for example, a supply (fill for the development and doe about the type. of projects eligible has become contaminated or a system is implementation of a mnw.rvution and under those programs and thus under unable to maintain compliance for management plan under seniam 320 of the the final rule. technical, financial, or managerial CWA: n+s (ivl far the constmdion, repair, or Eligible projects under the DWSRF. Eli 'bililies under the DWSRF, the Rr reasons. (vi) Creation of new systems, replacement of d... otedized wew astaer treatment syslme. that neat municipal interim final tile, and the final rule including those that, upon completion, wastewater or dmmmstic sewage. Eligible include projects that address present or will create a community water system to projects include, but Am not limited to, the Prevent future violations ofhealth-based address existing public health problems eonstruction of new doccurtmlieed systems drinking water standards. These include with serious risks caused by unsafe (e.g., individual onaite systems and cluster projects needed to maintain compliance dr'mking water provided by individual systems), as well as the upgrade, ral or with existing national primary drinking wells or surface water sources. Eligible replacement of existing systems. water regulations for contaminants with projects are also those that create a new (v) for measures to manage, reduce, acute and chronic health effects. regional community water system by treat, or recapture starmwater or Projects to replace aging mfe"tmolure consolidating existing systems that have subsurface drainage wale, Publicly and are also eligible uses if they are needed technical, financial, or managerial privately owned, permitted and to maintain compliance or further the difficulties. Projects to address existing unpennittad projects that manage, public health protection objectives of public health problems associated with reduce treat, or recapture earmwater or section 1452 of the SDWA.sre Th. individual wells or surface water subsurface drainage water are eligible. fallowing project categories are eligible sources must be Ijheited in scope to the For example, pmjacts that are under the DWSRF, were eligible under specific geographic area affected by specifically required by a Municipal the interim final rule, and continue to contamination. Projects that create new Separate Storm Some System (MSc) be elfg''his under the final rule: regional community water systems by be permit are eligible, regardless of (i) Treatment projects, Including consolidating existing systems must ownership. Projects may include, but installation or upgrade of facilities to limited in scope to the service was of are not limited to green roofs, the systems being consolidated. bicamention basins, roadside plantings, management progress under samian 319 of the Ineligible projects under the DWSRF. porous pavement, and rainwater Clan water As. This mind include impacts in Federally -owned public water systems harvesting. which deashead.awater is inisc+tad ima the aquiferm mingatem,re ore art wet. Editors. and for -profit noncommunity water (all to any municipality, on well as proleats to which brackuh were,is mound form an equikr. ea.uated, and counted systems are not eligible to receive y 8 DWSRF funds and therefore SLFRF intermunieipel, interstate, or state agency for measures to reduce the tothn agmfw. funds.''" The acquisition of water demand for publicly owned treatment on sea as use. 300H2(a)12)(H)(I ening rights, laboratory fees for routine works capacity through water g.—is) sadsunce used by a public water system m naturalist —(including expenditures for compliance monitoring, and o operation P con9ervalion. efficienry, m ouse. planmrv. design. suing. and tee-wned end maintenance expenses am not cosh Eligible projects include, but are not pre®marm ion activities, m for replacing ce associated with investments in limited to, the installation, replacement, ambitious, a, nammam. swase, 0, infrastructure and thus would not be or upgrade of water motors: plumbing distribution Gcilities of public water systems. but nor ineludible sseNtmiug. npeed i.m. and eligible under the final role. 311 Pro ads g 1 fixture retrofits or replacement; and gray monarane-,,hones of. typo or cmgm, needed primarily to serve future water recycling. Water audits and water whir the Administrator of the EPA we population growth are also ineligible conservation plans we also eligible. dimensions, Enough guidance, will fedatd. under the DWSRF: the treatment of such compussin with u.timol primary annual, water Mirlsoma eppli®bra to the sydem under R Proj projects under the final cola is discussed s's 33 US.G t3ealc). U.S.C. 300g-1 ar otherwise slgnlnantly Labor the 33 US.C. ilea. hvith production oblectiw allies SWOA): Sno also — See a0 M 35aaVadllp. 3'+33 US.0 1329. 90 Us n.,ian d °" See to ot 535daalgejj2}fal. ml 33 US.C. 1330. Federal Register/Vol. 87, No. III/Thursday, January 27, 2022/Rules and Regulations 4413 Equipment to muse effluent (e.g., gray water, condensate, and wastewater effluent muse systems) is eligible. (vid for the development and implementation of watershed projects meeting the criteria set forth in section 122 of the CWA."° Projects that develop or implement a watershed pilot project related to at least one of the six mesa identified in section 122 of the CWA are eligible: Watershed management of wet weather discharges, stormwater beat management practices, watershed partnerships, integrated water resource planning, municipalily- wide stormwater management planning, or increased resilience of treatment works. Mill to any municipality. intermunicipal, interstate, or slate agency for measures to reduce the energy consumption needs for publicly owned treatment works. Projects may include, but we not limited to, the installation of energy efficient lighting, HVAC, process equipment, and electronic equipment and systems at publicly owned treatment works. Planning activities, such as energy audits and optimization studies am also eligible. (ix) for earaing or recycling wastewater, stormwater, or subsurface drainage water. Projects involving the muse a recycling of wastewater, .uerenwate, or subsurface drainage water are eligible. This include., ea part of a reuse project. the purchase and lasts llation of treatment equipment sufficient to meet reuse standards. Other eligible projects include, but ere not limited to, distribution systems to support effluent reuse, including piping the effluent on the property of a private consumer, recharge transmission lines, injection wells, and equipment to muse effluent (e.g., gray water, condensate, and wastewater effluent reuse systems). (a) for measure. to increase the security of publicly owned treatment works. Security measures for publicly owned treatment works might include, but are not limited to. vulnerability suit fuel manholes. The CWSRF cannot fund operations and maintenance activities. Therefore, maintaining a human presence (i.e., security guards) and monitoring activities are not eligible. Other Clarifications of DSWRF and CWSRF Eligible Project Categories Public Comment Several riu mentwe requested that Treasury provide clarification of the requirements associated with use of SLFRF funds for necessary investments in water and sewer infrastructure. Treasury Response: After release of the interim final rule, Treasury clarified in further guidance that, while recipients must ensure that water and sewer infrastructure projects pumued an eligible under the final rule, recipients ere not required to obtain project pre appervel from Treasury or any other federal agency when using SLFRF funds for necessary water and sewer infrastructure projects unless otherwise required by federal law. For projects that are being pursued under the eligibility categories provided through the DW SRF or CWSRF programs, project eligibilities are based an federal project categories and definitions for the programs and not on each state's eligibility or definitions. While reference in the final nde to the lher federal water to assist recipients sewer inhastrw be funded with not need to app any federal wet besides eligible final rule does attach to the DWSRF, CWSRF, or other federal water pmgrams. However, as noted above, recipients should be aware of ether federal or slate laws or regulations that may apply to construction projects or water and sewer projects, independent of SLFRF funding conditions, and that may require pre, approval from another federal or state agency. Expanded Eligible Uses for Water and Sewerfinfrastructure Summary Public Comment: Many commenters requested broader flexibility in the use of SLFRF funds for water and sewer infrastructure projects that are not eligible under the DWWRF and CWSRF. These commenters argued that localities are best situated to identify the higbow- need water aad sewer projects in their communities. Several Tribal government commenters noted that Tribes have different water and sewer infrastructure needs than states and localities and that additional flexibility in the use of funds would lift current barriers to improving infrastructure on Tribal lands. To achieve additional flexibility, commenters suggested a range of options for broadening the eligible use of SLFRF funds for necessary water and .ewer infrastructure. For example, several commenters suggested Treasury broaden the eligibilitez provided under the interim final rule to include project types eligible under other federal water and sewer programs. Treasury Response: Treasury agrees that additional flexibility for use of SLFRF funds is worm rted and is providingg expanded eligibilities as deamibed below, several of which address specific wow of need outlined by Tribal and rural communities. As discussed below, Treasury has incorporated into the feral rule projects that am eligible under certain programs established by the EPA under the Water Infrastructure Improvements for the Nation Act (WIIN Act). Other water - related grant programs cited by commenters include projects Oral are otherwise already covered by the final mle, for example because they are ineligible under the final Is because they are beyond the scope of the meaning of water and sewer projects for purposes of ARPA. To minimize the need for recipients of SLFRF funds to cross reference eligibilities across multiple federal ing ems, which may exacerbate current challenges to understanding eligibility under SLFRF, Treasury is providing detailed information related to expanded eligibilities within the text of Otis SUPPLEMENTARY 21NRIIA7IO111 for the feral role. Stormwater Infrastructure Public Comment Several commenters requested that additional stormwater Infrastructure projects be included as eligible uses of SLFRF funds under the final rule. Commenters suggested that culvert repair and resizing and replacement of storm sewers is necessary to address increased rainfall brought about by a changing climate. Other commenters noted that coral communities that do not manage their own sewer systems may rely on this ad range of stormwater projects, and as such were eligible under the ale and continue to he is gmy infrastructure as traditional pipe, aetment systems. Projects 4414 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations that manage, reduce, treat. or recapture noted that wells maybe contaminated entities. Given the lifelong impacts of stonw nater or subsurface drainage water with dangerous substances, including lead exposure for children and the are also eligible, including real-time arsenic, lead, radon, and PFAS (per- and widespread prevalence of lead service control systems for combined sewer polytuoroalkyl). Commenters also lines. Treasury encourages recipients to overflow management, and sediment suggested that, because rural and consider projects to replace lead service control. Culvert infrastructure projects mderwayed communities are often lines. are eligible under the CWSRF ifthey(1) reliant on these infrastructure types for In addition, Treasury is providing in implement a nonpoint source their drinking water or wastewater the final rule that for lead service line management plan, (2) implement needs, lack of appropriate funding to replacement projects, recipients must National Estuary Program maintain these systems could present replace the PoII length of the service Comprehensive Conservation and health and safely issues that line, soul not just a partial portion of the Management Plan, or (3) implement a disproportionately affect certain service line. Some water utilities, when sturmwater management plan with the communities. placingg service lines, will only replace goal of providing a water quality benefit. Treasury Response: Consistent with [he "pv6lic portion" of the service 1me Stmorwater projects under the CWSRF the CWSRF. the installation, repair, or and physically slice through the lead also encompass a number of eligible 'replacement of private septic units service line at the public/ rivate Itna, re green infrastructucategories, such ro continues to be an eligible use of SURF This action can result in elevated green roofer green streets, and green funds under the final rule. For example, drinking water lead levels for some walls, minwater harvesting collection, eligible projects include those that period of time after replacement, storage, management, and distribution add resagroundwatercontamination suggesting the potential for harm, rather systems, real -lime control systems for resulting from faulty septic units and than benefit during that time period.sto harvested rainwater, infiltration basins, those that would connect failing septic Requiring replacement of the full length constructed wetlands, including surface systems to centralized wastewater of the service line is also consistent with Raw and subsurface flow (e.g., gravel) treatment. Consistent with the DWSRF, the requirements of the EPA's Lead and wetlands, bioretention/bioswalm (e.g., connecting homes served by a private Copper Rule Revisions for water biorete mien basins, use boxes), well to a public water system is an systems that have an action level permeable pavement. wetland, riparian, eligg@le uas of SLFRF funds. samodence for lead a+a and certain other or shoreline creation, protection, and In addition, Treasury has provided to watersystema.sro restoration, establishment or maturation fire final rule that recipients may use Treasury is expanding eligible uses of of urban tree canopy, and replacement SLFRF funds for an expanded set of SURF funds to include infrastructure of grey infrastructure with green infrastructure projects that improve projects eligible under EPA grant infreslmclur¢ including purchase end scree' to end provision of safe drinking programs authorized by the WIIN demolition casts. water far individuals served by Acts" Eligible projects under these In addition to the eligible uses under residential wells. Eligible projects under programs include the installation or re - the CWSRF, Treasury is expanding the this category include rehabilitation of optimization of corrosion control eligible uses under the final rule to private wells, testing initiatives to treatment' replacing lead service lines, include stormweter system identify contaminants in wells, and replacing galvanized pipes downstream Infrastructure projects regardless of treatment ectivitiee and monediation of a Trod service live (other than lead whether there is an expected water strategies that address contamination. pryes within a home as discussed quality benefit from the projert Remedie[ing Laid in Water below), and maintaining an inventory of Treasury anticipates that this eligible the drinking water system's service use will allow recipients to manage Public Comment: Several commenters knees. Water quality testing, compliance increased volume. of summers, ea a emphasized the need to fully remediate monitoring, end remediation activities result of changes to the climate. For lead contamination, especially in in schools and other childcare facilities, example, the final rule now permits the structures that serve the public in as well as activities necessary to use of SLFRF funds for the repair, populations like children that are respond to a contaminant, are eligible repplacemem. or removaln of culvas or particularly vulnerable to the effects of uses of SLFRF funds.322 Remediation otMr mad -stream consent; lead exposure, such ea schools and infrastructure to the extent the purpose daycaces. Many American households .,.seer can scionce Addwry even, e.aluation of the project is to manage stormwater, In addition, Treasuryunderstands that and on estimated 4100,000 schools and children, centers current) lack safe Y eu. en"cuvenua: of pmiol Imd S—i- a"n Raeplplacemmds, ISepbrwber 20111, hap,:/1 the repair, roplaement, or removal of drinking water.'" pu.goo/mwci owww-ode'w,l-aoom- —1u.lw,.egeu.mw ,vodl.leco-aeroce.una. culverts may necessitate the repair or Tommy Response: The replacement aylaemants (.dmdng a" onn pool lead centev upgrade of roads. As noted in guidance of lead service lines, up to premise line issued after the interim final rule, plumbing, is an eligible use under the ree Envbvno ed,l Frorocengen on ey, entire mar recipients may use SLFRF funds for DWSRF and continues to be an eligible 1> Environwenve Prorecuon Agency, nauond mad repetrs and upgrades that interact use of SLFRF funds. Such projects are Pdwaryndnkingwaer Regnlac... raedand directly with an eligible stormwmer eligible regardless of the pipe material co poi Rue Rwiaion..m eR+rva. +o CPR.I.Aa. gp Infrastructure project. All stormwaler ottere replacement lines and ownership li �� � ��/ an-eaaoa;.cM1epiu/lad infrastructure projects undertaken ofhhe property on which the service 1. bmeffootm December la, 2021, should incorporate updated design line is located. Lead service line Ecricanoodal Frotaemn Agency. es Fxalsas, features and current beat practices. replacement projects can serve dttpsdlu .)Nn gisterso idl2p2l.l26 o. Pr' few W 11 dS ' S t households, schools, or any other n <Imdisefundds include diowo.able va e son optic Y. ems Public Comment: Several commenters °"IDe wNm nouu. updated Fnl sheer: requested that the scope of eligible nipanuan lnsenconi live..., and lobo Aa projects be expended to allow for the (August 2.20211, knew./Awwo-1 aehowegow expenditure of SLFRF funds on private P P hnepn un,✓ecan„rera-rel—ex/20iiAM1UN .passe fn,c hwd.b:uwn.i.f .nvanre- wells or septic systems. Commenters mvoxme.11ca/wss- n "'sumreadng and re,nediarion prugrvne would be a" eligible use cf a FRF foods given that they Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/1bules and Regulations 4415 activities such as replacement of faucets, internal plumbing, and fixtures in schools end childcare facilities are also an eligible use of SLFRF funds. Consistent with the EPA programs, .plain. t of land pipes within a home is not eligible under the final rule because the vast majority of lead contamination cases can be solved by replacing lead service lines (including on public and private property) and faucets and fixtures themselves. As such, replacement of lead pipes within a home would not be considered a cost- effective worms for achieving the desired level of service and thus would not be a "necessary" investment. The provision of bottled water is also not an eligible use of SURF funds under this eligible use category, as it is not an investment in infrastructure. However, bottled water in areas with an action level exccedanee for land in water may be an eligible use of SLFRF funds under a separate eligible use category for "remedialion of lead paint and other lead hazards:" see Assistance to Households in Public Health and Negative Economic Impacts. Welar Erltmtion systems are eligible under the EPA grant programs and the final role as long as they ere installed as a permanent part of a facility's system and not intended for temporary use. Conducting remedialion, follow-up monitoring, and conducting public education and outreach about the availability of infrastructure programs, such as water testing and fixture replacement programs funded with SURF funds or otherwise, are also eligible projects. Finally, recipients should note that "remedialion of lead paint and other lead hazards" is a separate eligible use category and a broader range of programs and services may ba eligible ,radar that section, including investments that are not infrastructure; see the eligible use for "remedialion of lead paint and other lead hazards" in section Assistance to Households in Public. Health end Negative Economic Impacts. Dams and Reservoirs Public Comment: Many commenters requested that Treasury broaden aligibilities to include dame and reservoirs, infrastructure that commentere noted may in its current stale be unsafe and could put surrounding communities at risk. Some would help arsipient determine whernwan iahaenacmm project inch n a lead It.. rml.xvmmt b nxueery. In onrum.ea memloned algae, not ewuofcontinual testing Ibm to penof ed on, wean, wutawemr faciliaet, npmeoing toms would not be cwsidemd part olar infmatmclum Miss. commenters argued that dams and reservoirs play an important role in providing municipal water supply and water to irrigate farmland, including in areas impacted by recant droughts. Other commentere noted that a large number of dams are currently classified as high -hazard structures, the failure of which would have severe. consequences for public safety and the local environment. With respect to reservoirs, commenters articulated that changing climate conditions have necessitated upgrades to reservoir infrastructure to ensure existing facilities can meet the local water needs of a community. Commenters noted that communities facing drought may also need to adjust. or enhance reservoirs to maintain adequate water supply. In contrast, several commenters suggested that infrastructure projects related to dams and reservoirs should not be considered eligible uses of SURF funds. These commenters noted that alternate sources of funding exist for dam and reservoir projects and that dams and reservoir infrastructure could result in negative impacts to Tribal communities and negative environmental impacts, including harm to wildlife habitats. Treasury Response: Treasury understands that many dams and reservoirs in aced of rehabilitation are dams and reaervoirs whose primary purpose is to provide drinking water. As diarrested above, SURF funds are available for pinjects ro[wild to the provision of drinking water. Moreover, since issuance of the interim final rule, the EPA has adopted a class deviation from the DWSRF regulations that permits such dam and reservoir rehabilitation projects in certain circumslances.32o fit approving this class deviation, the EPA recognized that many dams used for drinking water we aging and deteriorating and pose a public health risk to communities; that current dam conditions do not meet 8 /ale safety standards; and that reservoir capacity has diminished and requires dredging to meat drinking water needs of the existing p r n abon. 1}easury's final mle provides that funds maybe used for rehabilitation of dame and reeerv.,. if the primary purpose of the dam or reservoir fs for drinking water supply and the rehabilitation project is necessary for continued provision of drinking water to flan wa. Apptnva] mf Cesa Ema,can from Man eegulMor, Frchibirmis an no Wn umt.kirs Wamt Soma nevmlvin, Food for annotation— of firms and lose noire holy 16 kazrl. avatleblee hops:/A.xay.npu.go,I,Wvm/jibe/dwumems/apsr- a)/dvruf<loud.oinnomdrm nnarvnirreha6 on, a.pdf.. supply. In considering whether a dam or reservoir project is necessary for the provision of drinking water supply, a recipient may take into consideration future population growth in certain circumstances, as discussed under "Expansion of Drinking Water Service Infrastructure" below, but the project must in any rase be designed to support no mare then a reasonable lava) of projected increased need. The recipient must also determine that the project is cost-effective, i.e., that there are not significantly superior alternatives that are available, taking into consideration the relative costa and benefits of the project as compared to those alternatives. This change to the final rule would permit a wide variety of projects as+The limitation in the final role to rehabilitation of existing dams and reservoim reflects the scope of the EPA class deviation referenced above and Treasury's understanding of the siggnn'ficant need for investments in rehahflitation to address deterioration of it... and the diminished capacity of reservoir. Further, Treasury expects that in many cases it would be considerably mom difficult to demoostrete that contraction of a new dam or reservoir would be necessary for the purpose ofthe provision of drinking .is, than is the case for rehabilitation of dams and reservoirs already serving that purpose for a particular population, particularly given opportunities to meet drinking water needs through water reuse and conversation efforts. For these reasons, and given that the relatively short period of availability of the funds makes new dam and reservoir construction with these funds less likely. Treasury has limited the xup. of the fine[ rule to dam end reservoir rehabilitation prejects. As discussed above. Treasury has determined that ARPA dues not authorize the use of SURF funds for uses other than the provision of drinking water and the management of wastewater and storm water. As such, the final rule does not include Infrastructure projects related to dams and reservoirs es eligible uses of SURF funds unless they meet the conditions discussed above. •'^ A. mind in the EPA's does deviation, xwpin of dam reMbilitation prplats include spillwry m raemilinn m mpnir, dun....items, ,mebing, m ran., stmdural .,mm, indudmg minimal height htaeuem if needed to maintain no nueunl integrity of the dam: smuen, for seepage mmm] or li,.sortimn remodiatloa leg, or., mtlq uplvlt, or mckl: npmir or mplemm on of drainage.yawn; arM eabmfc nobila,.&a. fe.g., aarl m.a aaaatplas ofrvnwvah mhahflummi irmi m Imlutle pdimmmHmn dmtlgm eM mmrvoir lining 4416 Federal Register/Vol. 87, No. 18/'Thursday, January 27, 2022/Rules and Regulations Public Comment: Several commenters available alternatives. For this eligible Sewer Infrastructure" above for more requested that the removal of dams and use category, expansion of drinking information. associated habitat restoration should be eligible uses of SLFRF funds, noting that in some cases, dam removal will improve water quality while removing long-term operational expenses for the recippient. 7jetsan assonse ciated smremoval habitats and associated stream and habitat on projects am eligible uses CW CWSRF and continue to e eligiblleethe under the nisei rule when the removal implements althea a o souplan rce management program plan or a a NationCkimprel Estuary Program Comprehensive Conservation and Management Plan r when the removal will provide a water quality benefit. Habitat restoration projects more generally may also be eligible under the CWSRF and the final rule if they constitute a form of.tonsawater infrastructure. Expansion of Drinking Water Service Infrastructure Public Comment: Commenters asked for the ability to use funds for drinking water projects for the purpose of meeting needs arising from future growth, which, given the restrictions applicable to the ❑WSRF, was not permitted under the interim final rule. nmpmmenung me irwbitr program provides that projects needed primarily to serve future population growth me not eligible uses ofthe DW SRF. A project that is intended primarily to address public health or regulatory compliance issues for the existing service population may be sized for a "reasonable" amount of population growth over the useful fife of the project.." ARPA dose not include the same limitation as the SHWA. Accordingly, the final rule provides that recipients may use SLFRF funds for projects that are needed to support increased population in certain cases. ARPA limits projects to those investments that are "necessary. " As discussed above, Treasury interprets this to mean that the Investments must he (1) responsive to an identified and to achieve or maintain an adequate minimum level of service, which for some eligible project categories may include a reasonable projection of increased need, whether due to population growth or otherwise and (2) a cost-effective means for meeting that need, taking into account •ssappee CFR 3535r0(u)151. water service infrastructure, the project must also be projected to be sustainable over its estimated useful life. Investments must be determined to be necessary when they are initiated. Accordingly. Treasury is clarifying in the final role that the used identified for a water or sewer project may include a need arising faro reasonable expectations of future population growth, provided that it is necessary at the time the investment is initiated for the recipient to make the investment to meet this growth. For example,a recipient expecting increased population during the period of performance may install a drinking water treatment plant to meet that growth. In addition, a recipient expecting increased population growth outside the period of performance may install the treatment plant if the planning and construction timeline for the project would require work to begin during the performance period in order to meet the expected population growth. A recipient may install transmission lines as part of the development of new housing occurring during the period of performance. In this case, die housing development must be in progress; a recipient may not use the SLFRF funds to install a water main, for example, to an undeveloped front in the expectation that in the future diet beet will be developed with housing, because there would be no need for that investment to be made at the time it is initiated. For the reasons discussed above. if a project is undertaken to address expected growth in population, the project must also be sustainable, meaning that the project can continue providing the adequate minimum level of service for Its estimated useful life. taking into account projected impacts of changes to the climate and other expected demands on the source of water. In considering how much cis source of water will be available I. the Intone for the drinking water project, a recipient must consider that a source of water may be drawn upon or otherwise used for other current and expected uses, including use by fish and other wildlife. A drinking water project that is designed to address a growing population cannot he considered a necessary investment if the source of drinking water will cease to be available to meet the population's needs before the end of the estimated useful life of the project. In such a can, a recipient should consider alternative sources for drinking water. See "Interpretation of Necessary Investments and Water sod Non -Federal Matching Requirements for Authorized Bureau of Reclamation Projects The Infrastructure Investment and Jobs Act emends sent inner 602(c) and 603(c) of the Social Security Act to add an additional eligible use of SLFRF funds, providing that SLFRF funds "may he used for purposes of satisfying any non -Federal matching requirement required for In authorized Bureau of Reclamation proj.fl."== This amendment permits the use of SLFRF funds to meet non-federal matching requirements ofany authorized Bureau of Reclamation project, regardless of whether Ora underlying project would be an eligible use of SLFRF funds under the water and sewer infrastructure eligible use category. These amendments are effective as of March 11, 2021, as if included in the ARPA at the time of its enactment.'" Treasury will provide further guidance to recipients on the scope of Bureau of Reclamation water projects and expenses covered by this provision. Floodplain Management and Flood Mitigation Projects Public Comment: Several commenters requested that projects to address floodwater, including noodplain management and flood mitigation projects, be included es an eligible use of SLFRF funds. Within this category of floodplain management and flood mitigation infrastructure, several commenters requested that the installation of levees, flood walls, sea walls, elevation projects, dredging, or nature -based flood mitigation projects be included as eligible yenjeca Treasury Response: Treasury notes that some floodplain management and flood mitigation infrastructure projects, including green infrastructure designed to protect treatment works from flood waters and flood hoped sae currently eligible under the CWSRF and therefore continue to be eligible under the final .Is. Treasury hex not included floodplain management and flood an id all projects more generally as eligible under the final ale. Although floodplain management and flood mitigation are functions of many state and local governments, they are not the sort of generally -provided essential services included within the meaning of water '°° Fubhl U. Ill-s.. a0aesle}ryl (nes. Is. miu, —» l'ubacWes il719 SuzOEsc). Federal Register/Val. 87, No. 1g/Thursday, January 27, 2022/Rules and Regulations 4417 and sewer projects under the ARPA, as and efficiency related to infrastructure discussed aboveimprovements, e.g., incentives such as Irrigation bat11 far Public Comment: Some commenters requested that irrigation projects be an eligible use because they consider such projects to be critical infrastmcture. Several commenters aupperled this request by noting that Irrigation systems ay be used to replenish aquifers and recharge wells, in addition to delivering water for initiation. One commenter also noted that the national initiation system is antiquated and in need of repair. Treasury Response: Some irrigation project. were eligible under the interim find rule and continue to be eligible under the final rule as a result of their inclusion as eligible projects under the CWSRF. For example, water efficient irrigation equipment that reduces the runoff of nutrients and implements a management program established under section 319 offer CWA and/or a conservation and management plan under section 320 of the CWA are eligible uses under the CWSRF and therefore continue to be an eligible use of SLFRF funds undm the final rule. Likewise, projects to receive and distribute reclaimed water for irrigation systems or other agricultural use are eligible under the CWSRF and therefore continue to be an eligible use under the final into. Unlike projects for the improvement of irrigation systems generally, these reclaimed water projects are related to wastewater treatment and slurmwater management, which are within the scope of the meaning of water and sewer infrastmcture for ppurposes of ARPA. Treasury considrad commander requests for inclusion of additional irrigation infrastructure and determined that irrigation projects more generally are not permitted under the final rule. Although these types of projects may be water -related infrastructure, they are not the sort of generally -provided essential services included within the meaning of water and sewer projects under ARPA, as discussed above. Consumer Incentive I'mgams Public Comment: One commenter requested that consumer incentive programs in the areas of water use efficiency. conservation, green infrastrectme, use, and other distributed solutions be an allowable use of SLFRF. Treasniiyy Response: The DWSRF end CWSRF eligibilities include the development and implementation of incentive and educational programs that address and promote water conservation. source water protection, re as to mate green m structure such as rain barrels or promote that water conservation activities. Treasury clarifies that such project types were eligible under the interim final rule and continue to be eligible under the final rule. 2.13roadband lnfrastruclum Under the ARPA, recipient governments may use SLFRF funds to make "necessary investments in .. . broadband infrastructure."In the Supplementary Information to the interim final rule, Treasury interpreted necessary investments in infrastructure as investments "deigned to provide an adequate minimum level of service and Ithat) are unlikely to be made using private sources of funds." Treasury explained that, with respect to broadband specifically, such necessary investments include projects that 'establish I I or improve I I broadband service to underserved populations to each an adequate level to permit a household to work or attend school, and that are unlikely to be met with private sources of funds:' Summary of Interim Final Rule, Public Comments, and Treasury Response Summary of Imerim Final Rule: In implementing the ARPA, the interim final rule provided that eligible broadband infrastructure investments are limited to those that are designed to provide service to unserved or undemerved households an business... defined es those that lack access to a wirel"m connection capable of reliably delivering at least minimum speeds of 25 Mbps download and 3 Mbps upload. The interim final role also provided that eligible projects under the SLFRF are limited to those that are designed to deliver, upon project completion, service that reliably meets or exceeds symmetrical upload and download speeds of too Mbps. In instances wham it would not be practicable for a project to deliver such service speeds because of the geography, topography, or excessive costs associated with such e project, the interim final rule provided that the project would be required to be designed to deliver, upon project completion, service that reliably meets or exceeds 100 Mbps download speed and between at least 20 Mbps and too Mbps upload speeds and be scalable to a minimum of IN Mbps symmetrical for download and upload speeds. In addition, Treasury, in the Supplememary Information to the interim final role, encouraged recipients to pursue a number of other objectives. First, Treasury encouraged recipients to prioritize investments in fiber-optic infrastructure wherever feasible and focus on projects that deliver a physical broadband connection by prioritizing projects that achieve lest -mile connections. Second, Treasury encouraged recipients to integrate affordability options into their program design. Third, Treasury encouraged recipients to prioritize support for local networks awned, operated, or affiliated with lord governments, nonprofits, and cooperatives. Fourth, Treasury encouraged recipients to avoid investing in locations with existing agreements to build reliable sureties service with minimum speeds of IN Mhpa download and 20 Mbps upload by December 31, 2024, in order to avoid duplication of efforts and resource e. Finally, following release of the interim final role, Treasury provided fudher guidance clarifying some aspects of broadband infrastructure eligibility, specifically on Flexibility for recipients to determine eligible areas to be served.3ss middle -mile pmjects,-s" pre - project development coats,330 broadband connections to schools or libraries,ssr and the applicability of the National Environmental Policy Act INEPA) and the Devi. -Bacon Art.332 Summary of public Commands: Treasury received several comments on the interim final mis's requirements regarding eligible areas for investment and build -to speed standards, as well as Treasurys encouragements in the Supplementary Information of the interim final rule. Many commenters found the interim final ride's requirement to limit projects m those designed to provide service to untamed or undemerved households or businesses to be appropriately focused on hard -to -reach areas. In contrast it., commenters argued that this requirement was too restrictive and that it would limit the ability for some recipients, particularly local governments, to invest in broadband infrastmcture. Separately, some commenters supported the interim final mis's requirement that eligible projects he built to reliable speeds of IN Mbps symmetrical, with an exception for areas where it was impracticable, and encouragement that projects be built with fiber-optic infmstmqure, while a "'Sror Q 61, a.a,&21. cmw.virvs sure and incur li—I aemvuy Nnas. Fw,..nny Ae4nd Qneniane, es.0-sy is. car; hit,"/ h-se.treusuq eav1gAm1 1WraalsiolPFAQ.pd/. See FAQ all, Id. S'w FAQ 6.IS./tl. ++sae rAQ 6,16, all an See FAQ a.4.6.17.11, 4418 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations few others argued that the interim final rate should remain imhnology-nantial and that lower speed standards would be more appropriate for today's usage nceds. Summary of Treasury Response: In response to the comments, the final mle expands eligible areas for investment by requiring recipients to invest in projects designed to provide service to households and businesses with an identified need for additional broadband infrastructure investment, which would include but not be limited to a lack of broadband ...oleo reliably delivering certain speeds. In addition, as discussed further below, the final rule further supports the expansion of affordable access to broadband service for households by requiring that recipients use a provider that participates in a qualifying affordability plan. Treasury encourages recipients to prioritize projects that are designed to provide service to locations not currently served by a wireline connection that reliably delivers at least IN Mbps of download speed and 20 Mk s of upload speed. The final rule maintains the interim final rules requirement that eligible projects be designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. As was the case under the interim final rule, in cases where it is not practicable, because of the excessive cast of the project or geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps end 100 Mbps upload speed and be scalable to a minimum of IN Mbps download speed and IN Mbps upload speed. Treasury continues to encourage recipients to prioritize investments in fiber-optic inhastradure wherever feasible and to focus on projects that will achieve last -mile connections, whether by focusing directly on funding last -mile ts priesor by ensuring that funded midd]e-mile projects have commitments in place to support new and/or baproved lest -mile service. The frnel rule requires out bents to address the affordability nceds of low- income consumers in accessing broadband networks funded by SURF, given that such a project cannot be considered a necessary investment in broadband infrastructure if it is at affordable to the population the project would serve. Recipients must require the service provider for a completed broadband infrastructure investment project that provides service to households to either participate in the Federal Communications Commission's (FCC) Affordable Connectivity Program (ACP), or otherwise provide access to a broad -based affordability program to low -inmate consumers in the proposed service men of the broadband infrastructure that provides benefits to households commensurate with those provided under the ACP. Treasury also recognizes the importance of affordable broadband access for all consumers beyond those that are low-income. As pert of their project selection process, recipients are encouraged to consult with the community on the general affordability needs of the target markets in the proposed service area. Additionally, recipients are encouraged to require that services provided by a broadband infrastructure projmt include at least One lew-Lost option offered without data usage caps and at speeds that era sufficient for a household with multiple users to simultaneously telework and engage in remote learning. Recipients will be required to report speed, pricing, and any data allowance information as part of mandatory reporlin to Treasury. The final rule also clamone that subsidies to households and communities impacted by the pandemic to access the animist, broadband adoption programs, digital literary programs, and device programs are eligible programs to respond to the public health and negative economic impacts of the pandemic under sections 602(c)(1)(A) and 603(c)(1)(A). Sae section Assistance to Households in Negative Economic Impacts. T.,my continues to encourage recipients to prioritize support for broadband networks owned, operated by, or affitatad with local governments, nonprofits, and cooperatives. In addition, to the extent recipients ere considering deploying broadband to locations where there are existing enforceable federal or stale funding commitments for reliable service at spends of et least IN Mbps download speed and 20 Mbps upload speed, recipients ..at ensure that SUFF funds are designed to address an identified need for additional broadband investment that is not met by existing federal or stela funding commitments. Recipients must also ensure that SI.FRF funds will not be used for costs that will be reimbursed by the other federal or state funding streams. Further, Treasury highlights that recipients are subject to the prohibition on use of grunt funds to procure or obtain certain telecommunications and video surveillance services or equipment as outlined in 2 CFR 200.216 and 2 CFR 200.411 and clarifies that modmnfuetion of cyberwcurity for existing and new broadband networks are eligible uses of funds under sections 602(elf 1)(D) and 603(c)(1)(D). Finally, this Supplementary Information to the final rule incorporates and confirms guidance issued by Treasury following the interim final rule regarding middle -mile projeca,"aa pre -project development coats,334 broadband connections to schools or libraries,3" and applicability of the National Environmental Policy Act (NEPA) and Davis -Bacon AdP'° The remainder of this section provides additional details on the final role. Specifically, these sections address: (1) Eligible areas fat investment; (2) build -to speed standard.;(3) affordability;(4) public networks; (5) duplication of efforts and resources;(6) cybersecurity; and(2) use of funds to meet non-federal match under the Infrastructure Investment and jobs Act. Eligible Areas for Investment The interim final rate limited eligible broadband investments to projects focused on delivering service to unnerved or uadmserved locations, defined as households or businesses that lack access to a wireline connection capable of reliably delivering at least minimum spends of 25 Mhps download and 3 Mbps upload. This targeted approach was generally consistent with cartoon speed thresholds used in other federal progroms to identify eligible mea5 for federal investment in broadband infrastructure, such set the FCC's Renal Digital Opportunity Fund (ROOF) program and the National Telecommunication and Information Administration's (NTIA's) Broadband Infrastructure Program, and generally aligns with the FCC's benchmark fat an "advanced telecommunications capability" fat wircline, broadband aervicea. Public Comment: Many commenters discussed the disadvantages of such an approach. Some commenters, including several local government recipienta, argued that limiting investments to locations without access to mliable wireline 25/3 Mbps 337 was too +> See PAQ b.m. Cnronev{rve son, eM lain R-1 Recovery Panda, Pmgnenny Asked Qnemmns, nnquiy 10, zest Alrys.11 L — Sou PAQ &U. I dfem7les/I96/SIPflPPAQ.pdf. —See PAQ sea. M.. "'See FAQ s.Ia. A °'n See PAQ6.4. fi.11 Id. 'a'InisrenalnEmof oaupplenmmery Inforwtloa. "ae/3 bop mood too babil nu d m.xit to. ourladmd—core pixotnee or exwed e� laze. 1a Mlrys dnwnlmd vpeeds and n Federal Register/Vol. Sy, No. 16/Thursday, January 27, 2022/Rules and Regulations 4419 mannidtve because some urban jurisdictions are already mostly or entirely covered by a network with at least 2513 Mbps speeds yet lack widespread broadband adoption for various reasons. Commenters suggested that recipients would benefit from greater flexibility to provide necessary investments in broadband access in areas that are nominally covered by speeds of at least 25/3 Mbps, such as to provide affordable broadband access in low-income areas or to address service quality and reliability issues. Further, commenters argued that Treasury's requirement that new projects meet minimum reliable speeds of 100 Mbps symmetrical was inconsistent with the requirement that broadband infrastructure projects focus on those with access to significantly lower speeds, and further noted that several state, have already expanded the focus of the¢ broadband programs beyond those without reliable access to speeds of 25/3 Mbps. Commenters argued that if the limitation to untamed and underaerved households and businesses were maintained, the definition of unserved and under erved households and businesses should be revised to include households and businesses currently aimed by higher standards. Commenters proposed a number of alternative cutoff speeds, Including 25/ 25 Mbps, 50110 Mbps, and IN Mbps symmetrical. Others expressed support far providing flexibility for recipients to make their own determination on eligible areas for investment. These commenters referenced studies indicating that 25/3 Mbps is inadequate for mday's modern household or business needs. Some commenters advocated for mourned ..it undereerved areas to be prioritized while providing flexibility for recipients to serve areas beyond those designated as uninvited or underserved. Reflecting the perceived restrictiveness ofthe interim final mle approach, some commenters asked for assurance that projects conducted under other categories of SLFRF eligible use., specifically to respond to the public health and negative economic impacts of the pandemic under sections 602(c)(1)(AHC) and 603(c)(1)(A)-(C), were not barred by the presence of 25/ 3 Mbps serviceincluding "gap networks," which are networks designed to offer law -cost or nocced Internet access for lower -income Mbps upload epvads."100 Mbps" symmeutrat rases tpadW to bnd inbstros tuhe that is dexpad noted, meal of eared st least m0 Mhpa download speeds and mo Mape upload speed, households with low broadband adoption miss. Commenters suggested additional factors to be incorporated in the consideration of locations that are eligible to be served. Many commenters suggested that affordability should be considered a key factor when determining whether a community has access to broadband, as the presence of 25/3 Mbps service does not necessarily mean the service is financially accessible to the area's residents. Commenters noted that surveys indicate that affordability, not lack of coverage. is the most significant barrier for most Americans who do net have robust broadband service in their households. Some advocated that the final rule allow for investments in areas with existing reliable wirefine access at or above 25/3 Mbps as long as existing broadband service has been unaffordable for a certain segment of the population; others advocated that Treasury presume eligibility when investments am made I. certain areas, such as Qualified Census Tracts or neighborhoods with persistent poverty, or are made by Trihal governments, Separately, some commenters noted that Treasury should provide mare clarification on what constitutes a "reliable]" connection, including providing details as to latency, jitter, and other technics[ specifications that would meet that standard, and what it means for certain technologies, such as copper and other outdated technologies, to be deemed presumptively unreliable. Other commenters supported the interim final mis's approach on eligible areas for investment in suggested tightening eligibility even further. They argued that higher speed thresholds beyond 25/3 Mbps would likely lead to investments in or building of now broadband infrastructure I. areas already served by broadband at speeds these commentera considered sufficient; Ih... areas, commenters suggested, are less in need of federal assistance and permitting investments hem could divert funding away from rural areas to mare densely populated areas. 7}am". I Response: The final rule expands elgible arena for investment by requiring recipients to invest in projects designed to provide service to households and businesses with an 'Identified need for additional broadband infrastructure investment. Red p name have flexibility to identify a needfor additional broadband infrastructure investment Examples of need include lack of access to a connection that reliably meets or exceeds symmetrical 100 Mbps download and upload spends. lack of affordable access to broadband service, or lack of reliable broadband service. Recipients are encouraged to prioritize projects that are designed to provide service to locations not currentlyy served by a wireline connection the, delivers at least too Mbps of download speed and 20 Mbps of upload spend, as many commenters indicated that those without such service constitute hard -to - reach areas in need of subsidized broadband deployment. Households and businesses with an identified need for additional broadband infrastructure investment do not have to be the only ones in the service area served by an eligible broadband infrastructure project. Indeed, serving these households and businesses may require a holistic appmach that provides ..tufts to a wider area, for example, in order to make ongoing service of certain households or businesses within the service area economical. Consistent with further guidance issued by Treasuryce in determining areas for investment, recipients may choose to consider any available date, including but not limited to documentation of existing broadband interne[ service performance, federal and/or state collected broadband data, user speed test results, interviews with community members and business owners, reports from community organizations, and any other information they deem relevant. In evaluating such data, recipients may take into account a variety of factors, including whether users actually receive interest service at or above the speed thresholds at all boom of the day, whether factors other than speed such as latency, jitter, or deterioration of the existine connections technology) or early versions of cable system technology (OOCSIS 2.0 or wrlier)?ss and other factors related to 4420 Federal Register/Vol. 87, No. I8/Thursday, January 27, 2022/Rules and Regulations the services to be provided by the project. In addition, recipients may consider the actual experience of current broadband customers when making their determinations; whether there is a provider serving the area that advertises or otherwise claims to offer broadband at a given speed is not dispositive. Build -To Speed Standards The interim final rule provided that a recipient may use funds to make investments in broadband infrastructure that is designed to, upon completion, reliably meet m exceed symmetrical IN Mbps download and upload speeds. In cases where it is not practicable, because of the excessive cost of the pro7w:t or the geography or topography of the area to be served by the project, eligible projects may be designed to reliably meet or exceed IN Mbps download speed and hetween at least 20 Mbps and 100 Mbps upload speed, so long as it is scalable to a minimum of IN Mbps download speed and fun Mbps upload speed. Relaledly, Treasury in the RUPPIEMENrmV INFORMAIgM to the interim final rule encouraged recipients to priaritize investments in fiber-optic infrastructure wherever feasible and to prioritize projects that achieve last -mile connections. Public Comment. Many commented discussed the advantages of setting minimum symmehiml download and upload speeds of reliable too Mbps as the speed threshold for new projects. Some commented indicated support for the interim final role's standard as it takes into account growing demands on Internet use resulting from pandemic broadband usage and suggested that such a standard will help to ensure that networks built with SLFRF funds remain valuable for years to come, even as demands continue to weelerale, particularly on upload speeds. Some also indicated that the interim final rule standard has the effect of prioritizing the use of fiber-optic infrastructure to deliver such speeds, which some noted W. a "gold standard" future -proof technology, although some commented noted that other technologies like fixed wireless have been he. to deliver such speeds in certain circumstances. Other commenters suggested that IN Mbps symmetrical speeds were unnecessary given curent broadband damfcpv/d^ mmdhnxniu mbm^ddand n'w/ZOTa/dOTa-FYs^d-Meaaanrig-ernadhand� ame»w 11,wo pdfiwmeen,)bar wild WLand r+bl^technd.Was umber ai dlmmuiaml: finsvn,vaxh Wpio s.-P Wq-bv idbund nr pbenedp,.er ]udramdrmre^tury-bmv,m,t Ie,Jax6uya�Ww, Inckaroand compaMgfiber tedm^I^gy r^ semi lega:y bcaaol ^aim). usage needs and that such high standards may have the potential to slow down expansion to um rued or unit caerved rural areas. Some argued that setting this symmetrical threshold may limit the type of technologies that can be used, thereby decreasing competition end limiting flexibility to recipients whose communities might be better served by technologies such as wireless aolutions or inexpensive gap networks. Commenters suggested alternate minimum speeds, ranging from 25/3 Mbps (which some signed best balances reaching all communities and maximizing the impact of federal funds) to 100/20 Mbps (which some argued best carves the typfeel broadband usage patterns of households and businesses, including new pandemic -driven needs), A few commenters suggested a higher inhumane speed. such as gigabit speeds, advocating that such speeds were necessary fora network to last at least a decade. Many commenters supported the interim final ride's lower speed standards for projects whore it is impracticable to meet minimum reliable speeds of IN Mbps symmetrical, as it provides flexibility for recipients to invest in herd -to -reach areas, such as those in mountainous regions. A few commenters indicated that Treasury should more clearly define the characteristics of a location eligible for this exception. Some indicated that the minimum standard for all new projects should be 100 Mbps symmerical. In contrast, others argued that amiability to too Mbps symmetrical should not be a requirement to meet today's demands, particularly in hard -to -reach areas. Some commenters requested that Treasury clarify eligibility for middle. mile pro7act. as these projects potentially provide connectivity to far- reaching areas, while other commenters suggested that last -mile projects generally require more capital investment and are therefore mast in need of government sirppaa. Treasury Response: The final rule maintains the interim final rule's requirement that eligible projects be designed to, upon completion, reliably meet or exceed symmetrical IN Mbps download and upload speeds, with the interim final rule's exception far prejects where it is impracticable to build to such speeds due to excessive cost, geography, or topography of the area to be served by the project. Given the build time associated with broadband infrastructure projects, these standards will enable SURF foods to fund lasting infrastructure that will be Al. to accommodate increased network demand ono the network is campletesa^ while providing Flexibility for certain locations to meet lower speed standards where IOU Mbps symmetrical speeds are impracticable. To illustrate the accelerating nand for higher upload speeds, by one measure, mean upload speeds as of October 2021 increased to 75.21 Mbps as compared to 62.11 Mbps a year aarliac.a ' Jurisdictions are increasingly responding to the growing demand., of their communities for high speeds; for example, Illinois requires too Mbps symmetrical service as the construction standard for their state broadband grant programs. The IN Mbps symmetrical standard accounts for increased pandemic internal usage and provides adequate upload speeds for individuals and businesses to accommodate interactive applications such as virtual learning and videcconferencing, while also helping ensure that funding is respa sambly used to provide a true and lasting benefit fee years to come, Treasury continues m encourage recipients to prioritize Investments in fiber-optic infrastructure wherever fen,ible, as such advanced technology enables the at generation of "reliable" service at required speeds and are not required to rely on providers' advertised speeds in their assessments. Consistent with further guidance issued by Trewurysas while recipients are permitted to make investments in "middle -mile" connections that otherwise satisfy the requirements of tiro final rule, Treasury continues to encourage recipients to focus on Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4421 projects that will achieve last -mile Recipients must require providers to Other wmmenters argued against connactione—whether by focusing directly of funding last -mile projects or by amusing that funded middle -mile projects have commitments in place to I support and/or improved lael-mile service. Affordability The interim Final rule encouraged recipients to consider ways to integrate affordability options into their program design but did not require recipients to take particular actions. The interim final role also provided that assisting households with interest access and digital literacy is an eligible use of SURF funds under sections 602(c)(1)(A) and 603(c)(1)(A) to respond to the negative economic impacts of GOV11Y19. Public Comment: Many commenters suggested that Treasury provide recipients with a broader set of bola to tackle what the commenters characterized as an affordability crisis to the broadband sector. As noted above, some commenters proposed that Treasury consider affordability when determining whether an mes is unservad or mu erwased by broadband. Some commenters indicated that the fined rule should allow far the construction of broadband networks in low-income neighborhoods including low<ost or no -cost gap networks, even in ores with existing service at the speeds required under the interim final rule. Other commenters voiced support for direct subsidies to low-income communities to afford broadband service, which would provide additional incentives for providers to serve these communities. Treasury Responsean response to many commentms that highlighted the importance of affordability in providing meaningful access to necessary broadband infrastructure, the final rule provides additional requirements to address the affordability needs of low- income consumers in accessing broadband networks Funded by SURF. Recipients must require the service provider for a completed broadband infrastructure investment project that provides service to households to: . Participate in the Federal Communications Commission's (PCC) Affordable Connectivity Program (ACP); or . Otherwise provide access to a broad -bled affordability program to low-income consumers in the proposed service area of the broadband infrastructure that provides benefits to households commam.reis with these provided under the ACP. participate in or provide access to these programs through the life of the ACP. This requirement will no longer apply once the SLPRF-funded broadband infrastructure is n0 longer in use. Furthermore, Treasury also recognizes the importance of affordable broadband access for all consumers beyond those that are low income. As part of their project selection process, recipients are encouraged to consult with die community on the general affordability needs of the target markets in the proposed service area. Additionally, recipients are encouraged to require that mrvic s provided by a broadband infrastructure project include at least one lowest Option Offered without data usage caps at speeds that are sufficient for a household with multiple users to simultaneously lelework and engage in remote learning. Treasury, will require recipients to report speed, pricing, and any data allowance information as pan of their mandatory reportingto Treasury. Further, Treasury is clarifying that, as a response to the public health and negative economic impacts of the Pay programs, and device programs that provide discounted or noroost devices for low-income households to access the Internet. For further discussion of this eligible use category, we the section intereet Assistance in Assistance to Households in Public Health and Negative Economic Impacts. Public Networks The interim final rule encouraged recipients to prioritize supper for local networks owned, operated, re affiliated with local governments, nonprofits, and cooperatives. Public Comment Many commanders voiced their support for Treasury's encouragement that recipients work with governmental or community entities to establish local networks, arguing that they have been shown to effectively provide broadband access to areas that would otherwise be left with unaffordable or insufficient service. These commenters suggested that, since these entities are less driven by financial returns to investment than private providers, in some circumstances they may be able to provide robust service at a lower price as compared m private providers, along with potentially increasing local competition in a service area, that private businesses have a customers. These commenters argued that commercial providers have greate technical and operational expertise in deploying and operating broadband networks and mev be able to construct may consmerea an minor competitive advantage for govemment-or cammunityowned or operated networks may hurt consumers over time. Treasury Response: The final rule maintains the interim final mis's encouragement for recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, nonprofits, and cooperatives, given that these networks have less pressure to generate profits and a commitment to serve entire communities.-' This encouragement provides flexibility for recipients to select providers that best fit their needs, while noting the critical role that networks owned, operated, or affiliated with local governments and community organizations can play in providing sufficient coverage, affordable access, or increased competition in the broadband sector. Duplication of Efforts and Resources Public Comment: Some mmme item raised concerns that Treasurys encouragement in the interim final rule that recipients avoid funding projects in provide service that reliably delivers 100/20 Mbps by December 31, 2024 was too restrictive. Commenters noted that grants were designed and awarded before the oneal of the 00110-19 pandemic and do not meet the critical broadband needs highlighted by the pandemic. Other commenters argued that Treasury's encouragement to avoid duplicaden of resources should be strengthened, as investing in areas with existing agreements would be an inefficient duplication of efforts. T sury Response: Given the final rule's revised requirements on eligible areas for investment, this — Tho ettc W m. OHim of the Noalden . C—seve ry-nosed m-db-d S.I.— (lenuary wit), Anpsf/oW..hhsh,s curin.asgoionw de/eunminldoce/eom�nunbYMu�LbroadMnd_ report by_execiso,omc, ltbs-presxdencpd/. 4422 Federal Register/Vol. 87, No, III/Thursday, January 27, 2022/Rules and Regulations Supplementary Information to the final rule also modifies the interim foal rate's requirements around duplication of res m.n. Since recipients must .an. that the objective of the broadband projects is to serve locations with an identified need for additional broadband investment, the final role provides that, to the extent recipients are considering deploying broadband to locations where there are existing enforceable federal or state funding commitments for reliable service at speeds of at least 100 Mbpe download speed and 20 Was upload speed, recipients must ensure that SLFRF funds are designed to address an identified need for additianal broadband investment that is not met by existing federal or slate funding commitments. Recipients must also ensure that SLFRF funds will out be used for costs that will be reimbursed by the other federal or state funding streams. Cybersecurity, Public Comment: Several commenters expressed concern about the cyberiamerity, of new broadband projects funded with SLFRF funds and urged Treasury to prohibit recipients from utilizing SLFRF 6.mds to procure equipment from cartel. pmvedw. hem the People's Republic of China that may pose a national security risk. These commenters painted out that the 2019 National ➢¢fame Autharf titian Act (NDAA) and the FCC's Universal Service Ford have similar prohibitions. Father, several commenters requested that Treasury explicitly include ryberwcurity costa as an eligible use for broadband infra dructum investment given the growing threat of cybere0acks and cyber-intrusions into the nation's infrastructure. Trmsuryliesponse: Treasury highlights that investments in broadband Infrastructure must be carried out in ways that comply with applicable federal laws, including the 2019 N➢AA. Among other requirements contained in 2 CPR par[ 200, 2 CFR 200.216 implements certain provisions of the NDAA and contains prohibitions on the use officiated financial assistance to procure or obtain certain telecommunications and video surveillance services 0r equipment provided ar produced by designated entities, including certain entities owned or controlled by the People's Republic of China. In addition. 2 CFR 200.471 provides that certain telecommunications and video surveillance costs associated with 2 CFR 200.216 are unallowable. Further, the final rule allows for ne dernixetion of cyberaecurity for existing and new broadband infrastructure as an eligible use under sections 602(c)(1)(D) and 603(c)(1)(D) as such investments am necessary for the reliability and resiliency of broadband infrastructure'+^ Recipients tray provide necessary investments in cybersecurity, including modernization of bwdware and software, for existing and new broadband infrastructure regardless of their speed delivery standards. The final rule maintains the interim final rule's provision that allows for broader modernization of cyberaecurity, including hardware, software, and protection ofcritical infrastructure ea an eligible provision of government services, to the extent of immune lose due to the pandemic, under sections 502(c)(1)(C) and 603(c)(1)(C). Use of Funds To Meet Non -Federal Match Under the Infrastructure Investment and jobs Act The Infrastructure Investment and Jobs Act specifies that, except as otherwise provided, an entity using funding under section 50102 of the law for broadband deployment "shall provide, or require a subgrantee to provide, a contribution, derived from non -Federal fiords (or Ponds from a Federal regional commission or authority) ... of not less than 25 st ates t of prefect costs. contribution 0 Portlier that the matching may i tnclude funds provided to an eligible entity or nMe under the American Resume Plan e Plan Act for the purpose of deployment of broadband service, which includes program. funds provided under the ad the program. SLFRF se end the program established under section 60102 of the Infrastructure Investment and Jobs Act are separate femme with separate requirements. While section 60102 allows states and other eligible entities to use SLFRF filed. as the souse of matching funds for broadband deployment, the requirements of the SLFRF program still apply. As such, Portiere is that use SLFRF funds to meet the section 60102 matching requirement will continue to be subject to the requirements of the SLFItir program. — Par mare on tba impmtama of cyban ecurity w the reliability and madiency afbraedbend nuworla. ace: Ftdenl Communicenone Commission, bapel/d0aaJaa.gar/pu61Yl wxchernn/F66raesar.duc; Mackma, metima, PrmMing the Gybyaecc6l.rAmmlu'e N--.- ocehra.,11,moll.her. //uw b.ca)ny.edu/ blogrvea0tonpaaaveY1 leccac u,, its ayba—uref ,amtaae-newer¢,/. —Sue muan,uctum lnvmimeni and lobe nct. Public tow 117, 58 (2021), Ill. Restrictions an Use While recipients have considerable flexibility to use funds to address the diverse needs of their communities, some restrictions on in of funds apply. The ARPA includes two statutory provisions that further define the boundaries of the statutes eligible uses. First, section 602(c)(2)(A) of the Social Security Ail provides that states and lersfforms may not "use the funds, . to either directly or indirectly offset a reduction in ... net tax revenue .. . resulting from a change in law, regulation, or administrative interpretation during the covered period t hw reduces any tax ... or delays the imposition of any tax or lax increase." Second, sections 602(c)(2)(9) and 603(c)(2) prohfbfl all recipients, except Tribal governments, from using funds for deposit into any pension fund. These restrictions support use of funds only for the congressionally permitted purposes described in the Eligible Uses section by providing a backstop againat the use of funds for purposes outside of the eligible use c.b imaiss provided for in the statute. In addition to the restrictions on use of funds provided for in the ARPA statute, the Interim final rule noted that several uses of funds would be ineligible under any eligible use category, including as a response to the public health and negative economic impacts of the pandemic or as a "government service" under the revenue loss eligible use category. Specifically, use of funds for debt service, to replenish financial reserves, or to satisfy an obligation arising from a judicial settlement or judgment were ineligible uses of funds under the eligible use categories for public health and negative economic impacts and revenue loss. These restrimfons apply to all recipients. Recipients should ..to that restrictions on use of funds for debt service, to replenish financial reserves, a judicial seldom to all eligible use eligible use Paine ..trial.. on use of funds in the ARPA, the Award Terms and Conditions, and other federal laws. As discussed further below, uses of funds may not conflict with the overall statutory purpose of the ARPA to reduce the spread of COVID-19. Per the Award Terms and Conditions, recipients must adopt and abide by policies to prevent Pont! iris of interest. Finally, recipients are reminded that other federal laws Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4423 also apply to uses of funds, including the soumes of funds that will offset— fund revenue, such as a change that environmental and civil rights laws. i.e., cover the cost of —any reduction in would marine a tax rate; and To enhance clarity, this net tax revenue resulting from such o Spending cuts in areas not being SOPPLEMENTARY INFORMATION for the changes. The interim final role replaced by SLFRF funds. final rele consolidates thew restrictions recognises Wren sources of funds that The lBclp rentgovemmenlwill on use i f funds into one section and may offset a reduction in net tax calculate the value of revenue reduction makes clear that they apply to all revenue other than SLFRF funds: remaining after applying these sources eligible use categories and any use of Organic revenue growth, increases in of offsetting funding to the total value of funds under the program by recipients revenue due to policy changes (e.g., an revenue reducing changes —that is, how to whom each specific restriction increase in a tax rate), and cortain cuts much of the tax change has not been applies. This section discusses the in spendingp. Specificelly, interim paid for. The recipient government will the final rule than compare that value to the aforementioned restrictions, public establishes a step-by-step process for difference between the baseline and comments received, and Treasurys determining whether, and the extent to actual tax revenue. A recipient response to these comments. For clarity, which, SLFRF funds have been used to government will not be required to Treasury has divided the following offset a reduction in net tax revenue, repay tu Treasury an amount that is discussion into (A) smtutory restrictions based on information reported by the greater than the recipient government's under the ARPA, which include (1) recipmot government actual tax revenue shortfall relative to offsetting a reduction in net tax revenue, •First, each year, each recipient the baseline (i.e.. fiscal year 2019 tax and (2) deposits into pension funds, and government will identify and value the revenue adjusted for inflation). This (B) other restrictions on use, which changes in law, regulation, or "revenue reduction cap," together with include (1) debt service and interpretation that would result in a Step 3, ensures that recipient replenishing reserves, (2) settlements reduction in net tax revenue, as it would governments can use organic revenue and judgments, and (3) general in the ordinary course of its budgeting growth to offset the cost of revenue restrictions. process. The sum of these values in the reductions. A. Ineligible Uses of Funds Under the year for which the government is "pay • Finallg if there are any amounts ARPA Siesta reporting is the amount it needs to that could be subject to recoupment, for" with sources other than SLFRF Treasury will provide notice to the 1. Offset a Reduction in Nat Tax Revenue For slates and territories (recipient governments 347), auction 002(c)(2)(A)— the offset prevision —prohibits the use m SLFRF Ponds to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or admimatrative Interpretation— during the covered period. If a state or territory uses SLFRF funds to offset a reduction in red tax revenue resulting from a change in law, regulation, or interpretation, the ARPA provides that the state or territory must repay to Treasury an amount equal to the lesser of (I) the amount of the applicable reduction attributable to the impermissible offset and (if) the amount of SLFRF funds received by the state or territory. A state or territory that uses SLFRF fonds to offset a reduction in net tax revenue does not forfeit its entire allocation of SLFRF funds (unless it misused the full allocation m offset a reduction in net tax revenue) or any non-SLFRF funding. The interim final rule im lemenis these conditions by establishing a framework for states and territories to determine the cost of changes in law, regulation, or interpretation that reduce tax revenue and to identify and value ."u Ms eub mnlian. "recipient .v,ue—. i. mien only t.ind s and iemionq. m mher satlbns."retipienl gave n,li n,5u, non broadly 1. babl. govern mu nranng lenEing aen ibe sl.MlF. "' for bevitythis ghee. is edered loci ..rhenses In law, oxvlm x. or Inmprmofen th rm,,.lodmordn.swaralExrwramewasis. funds (total value ofrevenue reducing recipient government of such amounts changes). along with an explanation of such • Second, the interim final rule recognizes that It may be difficult to predict how a change would affect net tax revenue in future years and, accordingly, provides that if the total value of the changes in the year for which the recipient government is reporting is below a de minimis level, as discussed below, the recipient government need not identify any sources of funding ter pay for revenue reducing changes and will not be subject to recoupment. • Tlurd, a complain government will consider the amount of actual tax revenue recorded in the year for which it is reporting. If the recipient government's actual tax revenue is greater than the amount of tax revenue received by the recipient for the fiscal year ending 2019, adjusted annually for inflation, Ore recipient government will not be considered to have violated the offset prevision because there will not have been a reduction in net tax revenue. • Fourth,fftherecipient government's actual tax revenue is less than the amount of tax revenue received by the recipient government for the fiscal year ending 2019, adjusted annually for inflation, in the reporting year the recipient government will identify any sources of funds that have been used to permissibly offset the total value of covered tax changes other than SLFRF funds. These are: 0 State or territory tax changes that would increase any source of general amounts. This process is discussed in greater detail in section Remediation and Rccoupment of this Supplementary Information. Together, these steps allow Treasury to identify the amount of reduction in net tax revenue that bath is attributable to covered changes and has been directly or indirectly offset with SLFRF funds. Overview c fCammems: Many commenters supported the framework established under the interim final rule. These commenters argued that the offset provision, and the interim final ride's implementation of the offset provision, was essential to ensurine SLFRF funds statute's defined eligible uses and, in particular, no support the use of SURF funds to build public sector capacity. Several commenters argued that the framework should be made more restrictive: for example, some comments advocated that the offset provision be apKd m local governments. ne commenters argued that the offset provision and the interim final role's implementation of the offset prevision is too restrictive, with some essential; that the onset p .vision prohibits states from making changes to reduce taxes. Many of these commenters argued that the offset provision presents constitutional concerns. These commenters asserted that the offset provision is ambiguous and the restriction is unrelated to the purpose of the ARPA. These commenters also 4424 Federal Register/Vol. 87, No, I8/Thursday, January 27, 2022/Rules and Regulations argued that the generous amount of would otherwise have been needed to of the offset provision Treasury took SLFRF funds provided to those cover the costs of the reduction. As several steps to minint burden for governments gave recipient discussed below, the scope of changes recipient governments in ills interim governments little choice as to whether in law, regulation, or intelp nation is final role. For example, the interim final to accept the SLFRF funds and, as a further limited to those that the rule incorporates the types of result, the offset provision is counter. recipient government voluntarily information and modeling already used enacted In describing these concerns and during the covered period, by states and territories in their own arguments, several of these commenters Congress has the authority under the fiscal and budgeting processes. By referenced litigation regarding the offset Spending Clause in Article I, section 8 incorporating existingg budgeting provisiono4s Many of these commenters of the Constitution to specify the processes and capabiltiies, states and also expressed concern regarding the permissible and impermissible uses of territories will be able to assess and interim final rule's implementation of federal grants. The Supreme Court has evaluate the relationship of tax and the offset provision. Some of these repeatedly "upheld Congress's authority budge[ decision. to uses of SLFRF funds commenters argued that Treasury lacked to condition the receipt of funds on the based on information they likely have or the authority to implement the States' complying with restrictions on can readily obtain. This approach provision, asserting that the significance the use of those funds, because that is ensures that recipient governments have of the provision required Congress to the means by which Congress ensures the information they need to understand make an explicit delegation of that the funds are spent according to its the implications of their decisions rulemaking authority and provide view of the 'general Welfare"'350"Tim regarding the use of SLFRF fards­and, clearer principles by which Treasury power to keep a watchful eye on in particular, whether they are using the should implement the Provision. expenditures ... is bound up with funds to directly or indirectly offset a Finally, one commenter argued that the congressional authority to spend in the reduction in net tax revenue resulting offset provision should only apply if the first plans. "ss1 Assertions that the from a change In law. regulation, or recipient expressly and intentionally amount of SLFRF funds are sufficiently interpretation, making the funds uses SLFRF funds to offset a reduction large to W coercive are inconsistent potentially subject W recoupreent. To in revenue, arguing that the term with the Supreme Court's reasoning in further reduce burden, Treasury is "offset' implies a deliberate use SLFRF NFIB, which distinguished between considering whether the scope of funds to "pay for' a tax cut, conditions placed on new federal funds reporting requirements can be further As discussed in the interim final role, and conditions placed on existing tailored. the offset prevision does not prevent a federal funds and not based an the size As described in greater detail below, recipient government from enacting a of funds.sss Further, the conditions Treasury is finalizing its broad variety of tax changes. Rather, the played on the use of SLFRF funds under implementation of the offset provision offset provision prevents a recipient the ARPA—both the eligible uses and largely without change. This approach government from using SLFRF funds to additional limitations col deposits into Is consistent with the text of the ARPA. offset a revenue reduction resulting pension funds and the offset The remainder of this section discusses from a tax cut. A recipient government provision —were well known to and responds to comments on specific would only be considered W have used recipient governments prior to recipient aspects of the framework. SLFRF funds to offset a reduction in net governments requesting to receive 1. Definitions tax revenue resulting from changes in SLFRF funds. Finally, the ARPA Covered change. The offset provision law, regulation, or interpretation if, and provides Treasury with the express is triggered by ri reduction inot tan to the extent iha4lhe recipient authority "to issue such regulations as revenue resulting from "a change in government could not identify sufficient may be necessary or appropriate to carry low, regulation, or administrative funds from sources other then SLFRF out' section 602. which includes the interpretation." Consistent with this funds to offset the reduction in net Wx offset provision. language, the interim foul rule defines revenue. Only if sufficient funds from A number of commanten expressed a "covered change" to include any final other sources cannot be identified W concern regarding the burden associated legislative or regulatory action, a new or cover the full cost of the reduction in with complying wlih the offset changed administrative interpretation, net lax revenue resulting from changes provision and the interim final rule. and the phase -in or taking effect of any in law, regulation, or interpretation, will Similarly, other commenters argued that statute or role where the phase -in or the remaining amount not covered by the framework provided in the interim taking effect was not prescribed prior to these sources be considered to have final rule complicated implementation the start of the covered period. Thus, the been offset by SLFRF funds, to offset provision applies only to actions contraventionh the statutory provision. ss°Nnoond ped'n oflndep1D..v.bebdlru P far which the change in policy occurs approach Consistent within t statutory text, the rule MFIB), sW u.5. ukr s6a (oor.) iplmallty opinlan); a roach taken in the interim final rule ' x" s, On n°r'v. V. sure°. ass ofs an. see- during the covered parted; it excludes PP Zee ufsjurr Sue Unix. ellnr adr/snp°nmore regulations aor char radians that recognizes that, because money e F dif Uisi183 beh UNv.an. Allow. SUe14 Coll., 65a implement a change or law fungible, oven if SLFRF funds are not Craw r F rad Ism chore rem. dmhd, as S. Cl. soy substantively enacted prior to March 3, costs of c a directly reed to cover the .1 eapis additional rAppelln of Ohiov.a., 2021. For example, covered changes do costs o(chan es that reduce net tax °' `I A757 (slf ibely mr. Appellants.Ohior. rotten, p g g no. 01olid v Ism cn. hor. 26. 1 not include a change in mW that is venue, those funds may the used in e a "I Solid v. umhd srd.a, su U.S.us. wo, see triggered automatically and based on manner inconsistent with the statute by I2—T statutory or regulatory criteria to effect indirectly being used to substitute for oidablhe raweederal Artttends IN baby coo nor to thecovered eriodsss Changed the state's or territory's funds that Even thesasses Art totaled armninon Cryan. P� P S runs me dia.dibtthcas fundmar Coremrond.de. mold din ACAc osai ma now N.0 pmfflar a^ve For to. r nplge TC)in. reed a—tua of +40ed 5., ere&rah. of Wesf Welfare NoliraUS. I... f AG arose fo,oaa.,' Ilhe,h in coo lax nadir -its eta fixedHIM ounin age of fire fMpm ell SOL mehemary,Nod:v.cv,WDI); IaesendNorthe nd6xpan°ian:'alddw,t a [°gaol OTC wilieea its LSC.RORr WL395.e.3(N.a. Ali. iu1. 19. N1311: d1Kg.ed wide me majority absurd wnMM1re W°I ardrmedi.IlyiMtmm—eutl rLu°ira hx revenue S(We rJOdlo v. Yells No, 1:21w.v-tat, Vul WL funding condition was severable. Hire to e87-0.8 teetered—Hera—dWuhd°.ISovcmmcnr's 2712220(S.D. Ohio iul. 1. 2021). (joint dl.en), eapantlrn of the HIM in the ARPA Son, rag - Tin Federal Register/Vol. 87. No. 18/Thursday, January 27, 2022/Rules and Regulations 4425 administrative interpretations would not include corrections to replace prior inaccurate interpretations; such corrections would instead be treated as changes implementing legislation .acted or regulations issued prior to the covered period. The operativA change in those circumstances is the underlying legislation or regulation that occurred prior to the covered period. Moreover, only changes within the control of the slate or territory are considered covered changes. Finally, covered changes do not include changes that simply conform with recent changes in federal law (including these to conform to recent changes in federal taxation of unemployment insurance benefits and taxation of loan forgiveness under the Paycheck Protection Program). Scope of Covered Changes Public Comment; Several commenters argued that the definition of covered change, and thus the limitations of the offset provision, should apply to subsidies for businesses. Similarly, other commenters requested that Treasury clarify that the offset provision applies In tax abatements and reductions in corporate taxes, even if administered by A sub -unit of the recipient government. Citing to empirical research and other evidence, these commenters argued that these types of economic development policies were poorly administered, reduced public sector capacity, And were ineffective at achieving stated objectives of creating jobs, increasing income, and increasing Area omit growth. On the other hand, some commenters argued that, because subsidies were economically similar to some not cuts, neither action should be considered a covered change and subject to the offset provision. Finally, other commenters requested that Treasury clarify whether covered changes must be haddefbased policies or whether administrative decisions applicable to individuals would be considered covered changes. Treasury Response: Section 602(c)(2)(A] applies to any change that "reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise or delays the imposition of any tax or lax increase." Accordingly, and consistent with this statutory text, the final rule applies to covered changes that reduce Any tax, which can include tax abatements, but does not apply to loans, Policy Ganger, glow do dare maned hirers tax credits work?. hump—arxiaheyeenter.mg/ brief)nBno haeedoumfnmenedin__.or.- evetex id Ilan visited May a, Coto. fronts, or other types of interventions that do not reduce tax revenue.3s• In addition, by including changes in regulation or administrative interpretation, in addition to changes in law, within the scope of the offset provision, the ARPA recognizes that a recipient government may make a covered change through its legislature or may delegate the authority to make a covered change including, but non limited to, to a sub -unit of government. Treasury has revised the definition of "covered change" in the final rule using the statutory language above to make clear that the offset provision only applies to such change. in law, regulation, or administrative interpretation. With respect to the question of whether covered changes could include administrative decisions applicable to individuals, as discussed above, a covered change includes a change in mew, regulation, or administrative interpretation that reduces any lax. Such changes may apply to one or more individuals or entities, provided that --consistent with the statutory text —they result from a change in law, regulation, or administrative interpretation. Prior Enacts ent and Pba..4. Public Comment: A number of commenters expressed concern, or requested clarification, regarding changes that were enacted prior to the covered period but take effect or phase - in during the covered period. Several commenters, argued that the definition of covered change should include changes that were made prior to the covered period but that phase. -in during the covered period. 7 min ury Response: As discussed above, the offset provision is triggered by a reduction in net tax revenue resulting from "a change in law, regulation, or administrative interpretation" made during the covered period. Consistent with the statutory text, "covered change" is defined to include any final legislative or regulatory action, a new or changed administrative interpretation, and the phase -in or taking effect of any statute or rule where the phase -in or taking effect was not prescribed prior to the start of the covered period. Conformity Public Comment A number of commnentere requested clarification on the scope of covered changes. Specifically, several commenters 'er Astidnnce meat be coneie as with eligible caner nA FRF funds See sealw Eligible Uses of tNa WrreflRMNn"rdlWlpa. requested clarification on the scope of changes that would be considered as conforming to meant changes in federal law. These commenters requested that Treasury clarify whether actions to selectively conform with federal law would be considered covered changes and requested clarification regarding the extent to which changes would be considered "recent." For example, these commenters requested clarification regarding conformance with the Global Intangible Low -Taxed Income provision of the 2017 Tax Cuts and Jobs Act. Some commenters further argued that changes that selectively conform or decouple from the Internal Revenue Code should be included within scope of covered changes and thus subject to the offset provision. Treasury Response: The final role maintains the treatment of changes that simply conform with recent changes in federal law, such as three to conform to recent changes in federal taxation of unemployment insurance benefits and taxation of loan forgiveness under the Paycheck Protection Program ass and including other changes over the pest several years. Regardless of the particular method of conformity and the effect on net lax revenue, Treasury views such changed as permissible under the offset provision. Accordingly, and for the reasons discussed above, Treasury is maintaining the definition of covered change without change. Tax revenue. The interim final ride's definition of "tax revenue." is based on the Corona Rureau's definition of used, used for its Annual Survey of State Government Financea.esd It provides a consistent, well -established definition with which stales and territories will be familiar and is consistent with the approach taken in section Revenue Loss of this WPPLE WARY INMRMVM describing the implementation of Well... 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act regarding revenue loss. A number of commenters expressed concern and requested clarification regarding the definition of "tax revenue." These comments and responses are discussed in section Revenue Loss of this Supplemental Information and, for the reasons discussed above, Treasury is finalizing the definition of tax revenue without "' See swamanr onside Meet becnvery F1nda card Tax Conformity. April 7. 2m1, ava.able d )YoU?ovay/Home.rreneurr2m�news/Preve-rekax./ +>ooal Unew Bureau. Ficieso Survry ad Seen and Local (:wemmmn enemaneetohn.oa . min/// sus.gav/Pmgted Ap, 30. 211. car/ gloewry.nlndflml visited Apr. 30.2m1. 4426 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations change and maintaining a consistent definition of "tax revenue l'sa, Baseline. For purpasea of measuring a reduction in net tax revenue, the interim final rule measures actual changes in his rev ... a relative to a revenue baseline (baseline). The baseline is calculated as fiscal year 2019 (FY 2019) tax revenue indexed for inflation in each year of the covered period, with inflation calculated using the Bureau of Economic Analysis's Implicit Price Deflatontoor Public Cannot Some commenters expressed concern regarding the choice of FY 2019 as die baseline, arguing that the choice lacked justification and would make the offset prevision more restrictive as applied to recipient governments that experienced a decline in revenue independent of making any covered changes. Treasury Response: Measuring a "reduction" in net tax revenue requires identification of a baseline. In other words, a "reduction" can b..... dead only by comparing two amounts. The Ad defines "covered period" to begin on March 3. 2021, and thus the baeelina year must end prior to March 3, 2021. A. discussed in the interim final rule, FY 2019 is the last full fiscal year prior to the COVID-19 public health emergency, and thus is consistent with the statutory definition and dead not include the examordinary effects of the pandemic that began in 2020. Further, as discussed above, the interim final rule recognizes three potential ways that a recipient government may offset w "pay foe's reduction in net box revenue due to a covered change: Increases in taxes, decreases in spending, and organic revenue growth. U.S. gross domestic product rebounded to exceed its pre -pandemic level in 2021,s+n suggesting that an FY 2019 pre - too do elections in suction Seven. Lou of this supplemenruy hdormarlvr, 6r potion, d reserves revs tie het due to the pevdem under .I-. eac[Igi d and msk)O)(6). rorcuors mint salmithe amount of revwaaw low wreawt dozen thin resubed from a her hncrwee or do—. no. adl.tmmto do not apply boar effect me desNunn of cox reA— ... U.S. oeputment ill Co—..11urmu N Soonest; suatnie. GIV Nice DethHm, h tio:11 viobou Voleatulproon.mAatmNgdpPneP d Puna, N.. visited Ape.0. 2021). Th. PY 201. buehne revenue 6 adjusted naturally for initiative in allow for dent comparison of ecWd tax revenue I.it y wr hoore ed in nomiwa t—N to hudin. a afro cot; without mated. adlue diem eech dean of mpowo ntual in roweraw would be worth lees than ucb dollar retention revmme mineeeW in 2mtrevs. .wacarwmy Stm®®t by Glhenrre Women. Arco, Aminnat aeveNry for consent Policy, for the Tower, Borrowers Advieury Committee November L 2021 (Nov. 1, w21), awfloble at he, Hhometernw,,rho arever-releaaaal laticesr pandemic baseline is a reasonable comparator for future revenue levels and provides recipients with flexibility to identify organic growth as a permissible offset. Finally, this baseline year is consistent with the approach directed by sections 602(c)(1)(C) and 803[c)(1)fC), which identify the "most recent full fiscal year of the [state, territory, or Tri hot government) prior to the emergency" as the comparator far measuring revenue loss. For these reasons, Treasury is finalizing the definition of"baseline" without change. The interim final rule includes several other definitions that are applicable to the implementation of the offset provision, such as the term'Yoporting year. "sae Commenters did not express concern regarding other definitions in the interim final rule. 2. Framework The interim final rule provides a step. bystopframework, to be used in each reporting year, to determine whether a state or territory used SLFRF funds to offset a reduction in net tax revenue. Consistent with section 002(c)(2) and the interim final role, the final rule appplies to states and territories: ll) Covered changes that reduce tax revenue. Under the interim final role, a recipient government identifies and values covered changes that the recipient government predicts will have the effect of reducing tax revenue in a given reporting year, similar to the way it would in the ordinary course of its budgeting process. The interim final rule states that the value of these covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient goveroment's existing approach for measuring the effects of fiscal policies, and that measures these effects relative to a current law baseline. If the recipient would prefer, the covered changes may also be reported bawd on actual value. uefngg a statistical methodology to isolate the change in year -over -year revenue attributable to the covered change(s), relative to the not use dynamic uopne come..." .red dwlB.lion that referm¢er to had fair cote to the flaw year of the ,ecipient'Bapuding ywiis denied in nm interim soil rele and any Me to areen ". erndae year or retail yew within the canned noted. diard to the cutrwa Racal yew of an Stun or Territory done and wwred pwind - e' ay P.]at, rarriem gov¢mmevb to ma .1 u wbimatod view.,'he 'abmim fine[ m1. and find col. parvid. lnxmai,to mnpivnb and this minima brown. projected effects of macroeconomic growth because macroeconomic growth is accounted for separately in the framework. Estimation Public Comment: A number of commenters expressed dinden that estimating the value of covered changes required a number of assumptions and that the actual effects of covered changes on tax revenue would be difiim It to predict. Several commented expressed support for the interim final mis's approach to dynamic scoring methodologies, and and commenter .good that the final Is should prohibit the use of prior cash balances in calculations of permissible tax cuts. Treasury Response: Treasury recognizes that estimating the effects of covered changes requires assumptions and that many other factors influence the amount of tax revenue received. The interim final rule addresses these concerns in several ways. First, in general and where possible, reporting should he produced by the agency of the recipient government responsible for estimating the costs and effects of rascal policy changes. This approach offers recipient governments tha flexibility to determine their reporting methodology based on their existing budget scoring which the sum of covered changes will be deemed not to have any revenue reducingeffects. Timing of the Impact of Covered Changes Public Germinal; Several commenters expressed concern that recipient governments. to evade the offset provision, may bre kload the casts of xrtefn covered changes outside of the divided period, and advocated that covered changes be instead evaluated as the net present value in the year that the covered change is enacted. These commenters argued that wine tax cuts could have effects on tax revenue far many decades or could be structured to take effect after the and of the ..it period. Treasury Response: As discussed in wd ke, Timeline for Use of SLFRF Funds, SLFRF binds must be used to cover costs Incurred prior to December 31. 2024. Accordingly, SLFRF funds Federal Register/Vol. 87, No. 18/Thursday, January 27. 2022/Rules and Regulations 4427 generally would not be able to offset a Public Comment commenters for the masons discussed above, reduction in net lax revenue occurring expressed a range of views regarding the Treasury is maintaining the after December 31, 2024. amount ofthe de minimis. Some measurement of actual lax revenue For these masons, Treasury is commenters argued that the de minima without adjustment for population maintaining this element of the interim was too generous, noting that the choice growth. final rule without change. of 1 percent could, in some cases, (4) Consfdcamon efother sources of (2) In excess of the de minimis. Under permit reductions in net tax revenue of funding. The recipient government will the framework established in the hundreds of millions of dollars. These than identify and calculate the total interim final rule, after establishing that commenters advocated that the de value of changes that could pay for a covered change occurred, the recipient minimis be lowered (e.g., to 25 basis revenue reduction due to covered government next calculates the total points) or be tied to a fixed Oman.[. changes and sum these items. This value of all covered changes in the Other commomera argued that the amount can be need to pay for up to the reporting year msultiig in revenue chaise of de minimis wee not well total value of mvanue-reducing changes reductions, identified in Slop 1. If the supported by the statute, advocated for he the reporfing year. These changes total value of the revenue reductions a larger its minimis and suggested that consist of two categories: resulting from these changes is below the amount be tied to the recipient (e) Tax and other increases in the its ancimfs level, the recipient government's total expenditures in the revenue. The recipient government must government is deemed not to have any prior fiscal year identify and consider covered changes revenue -reducing changes for the Treasury Response: Treasury adopted in policy that the recipient government purpose of determining the recognized a its minimis threshold as an predicts will have the effect of net reduction. lithe total is above the de administrative accommodation for the increasing general revenue in a given minimis level, the Incipient government reasons discussed above. As discussed reporting year. Recipient governments must identify sources of in -year revenue In the interim final rule, Treasury should use the same approach to to cover the full costa of changes that determined that the 1 percent its identify and value covered changes that educe lax revenue. Under the interim m to! is level reflects the historical increase tax rev..... a applied to final role, the de minimis level is reductions in revenue due to minor covered changes that reduce tax calculated as 1 percent of the reporting changes in stale fiscal policies and was revenue. For the reasons discussed year's baseline. determined by assessing the historical above, Treasury is adopting these Public Comment Many commenters effects of state -level tax policy changes aspects of identifying and valuing supported the inclusion of the do in state EPfCa implemented to offset covered changes without change. minimis, noting that the de minimis protects recipients from penalty policy goals other than reducing net tax revenues.'°• (b) Covered spending cuts. A recipient government also may cut spending in resulting from minor or incidental changes, minimizes For these reasons, Treasury is ado ti the 1 t de minimis P ng percent certain erase to pay for covered changes that reduce tax revenue, up to the t. predictability burden, andenhancespredictabilityof withoutchange.ch a. bar or. Next, under the (erim amountofthe incipient government's se ng so the . rearrtian of the anized provision. Some cemmd expressed concern final revenue interim foal rule, y delreductionribedbelow. owlTh changes deduction below. These changes must be that the this threshold could result in the reduction caused by the severed changes exceeds reductarea where to government g outlays a an has govemmalign cts. cliffaffects. se: A clear ne Treasury Reapeathreshold minimis threshold supports recipient mt inimis threshold. the recipient d, the recient pient government compares the reporting not spent SLFRF funds.[ not spent SLFRF funds. To better align with misting reporting and accounting, the interim final govemon. A compliance v with the offset provision. A minimis level year's actual tax revenue to the baseline If actual tax revenue is greater than the rule considers the department, agency, or authority from e I mcognlzes the inherent baseline, Treasury will deem the recipient government not to have any which spending has been cut and whether the recipient government has ent gochallevern en uncertainties that recipient sly small face, and thus allows relatively small recognized net reduction for the spent SM, IF funds on that same department, agency, or authority. If the reductions elax revenue without reporting year, and therefore to be in a safe harbor and outside the ambit of the incipient government has not spent consequence. . )n other words, states and territories may its many smell offset provision. This approach is SLFRF funds in a department, agency, or authority, the full amount of the changes to alter the composition of that consistent with the ARPA, which contemplates recoupment of SLFRF reduction in spending counts as tax revenues or implement other policies with marginal affects an tax funds only in the event that such funds covered spending cut, up to the revenues. They may also make changes are used to offset a reduction in net lax ounces. If net tax revenue has not been recipient government's net reduction in total spending. If they have spent SLFRF based on projected revenue affects that turn out to differ from actual affects, reduced, the offset provision does not funds in such department, agency, or authority, the SLFRF funds unintentionally resulting in minor apply. In the event that actual tax revenue is above the baseline, the generally would be deemed to have replaced the revenue changes that are not fairly described as "resulting from" tax law organic revenue growth that has amount of spending cut and only reductions in spending the changes. However, a de minimis dcee occurred, plus any other revenue -raising changes, by definition must have been above amount of SLFRF funds spent on the not automatically result in consequences under the offset enough to offset the inyearcosts of any department, agency, or authority would count. This appromili'llowin only prevision, since a recipient government P P 8 could demonstrate that other, non- covered changes. One commenter argued that the offset For organic growth spending reductions in areas w ere the SLFRF funds to offset a net reduction in be adjusted to reflect population growth. To minimize administrative burden, and recipient government has not spent SLFRF funds m he used ss an offset for tax revenue. Accordingly, any cliff Y a reduction in net tax reverea.ims to effects associated with a clear its minimis threshold are mitigated by •uuea prar;dea by me u b®-spore®'ran sou, Gear@ear owe oval arrc changes for mar- prevent recipient governments from using SLFRF funds to supplant state or other aspects of the framework. am7. territory funding in the eligible use 4428 Federal Register/Val. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations areas, and then using those state or territory funds /o offset tax cuts. Such an approach helps ensue that SURF Fonda are not used to "indirectly" offset revenue reductions due to covered changes. Department, Agency, or Authority Public Comment. Several commenters supported the interim final rule's approach to considering spending cola at the department, agency, or authority level, on the basis that this approach is supported by the statutory language prohibiting SURF funds from being used to "directly or- indirectly" offset a reduction in net tax revenue. On the other hand, some commenters argued that the methodology for identifying offsetting spending cuts was too restrictive; specifically, that measurement at the agency or depa tmenl-level may nor adequately account for the size and various programs that could occur in one agency or department. One commenter argued that recipient governments should instead be permitted to consider spending cuts on a more granular sub- unit of a department but noted that this additional flexibl lity would come at the cost of transparency and clarity. Treasury Comment: Treasury recognizes that some recipients may very in their budgeting processes, with some budgeting on a department level and others budgeting at more or less granular sub -units of government. Relying on spending at a department, agency, or authority level allows recipient governments to report how SLFRF funds have been spent using reporting units already incorporated into their budgeting process. Spending Cuts Baseline Under the interim final rule, to calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient government must first consider whether them has been a reduction in total net spending, excluding SLFRF funds fact reduction in total spending). This approach ensures that reported spending cuts actually create fiscal space, rather than simply offset other spending incises... A net reduction in total spending is measured as the difference between total spending in each reporting year, excluding SURF funds spent, relative to total spending for the recipient's fiscal year ending in 2019, adjusted for inflation. Measuring reductions in spending relative to 2019 reflects the fact that the fiecal space cleated by a spending cut pardets so long w spending remains below its original level, even if it does not decline further, lnlafive to the same amount of oremo e. Public Comment: Several commenters expressed concern regarding the measurement of spending cuts relative to the recipient's FY 2019, for example arguing that the choice did not take into account increases in spending in 2020. As one commenter noted, the fiscal year 2020 required extraordinary intervention by recipient governments and the ongoing public health emergency continues to require extraordinary intervention. Treasury Response: FY 2019 provides a reasonable and relatively generous baseline for considering spending because it is the last full tiered year prior to the COVID-19 public health emergency and governments' extraordinary efforts to address the impact of the pandemic. This approach also aligns with the FY 2019 baseline for measuring revenue loss. Measuring spending cuts from year to year would, by contrast, not recognize any available funds to offset revenue reductions unless spending continued to decline, failing to reflect the actual availability of funds created by a persistent change and limiting the discretion of states and territories. For the reasons discussed above, Treasury is adopting the approach taken in the interim final rule without change. (5) Idenliffoetion of amounts subject to recoupment. Its recipient government (i) reports covered changes that reduce tax revenue (Step 1). (it) to a degree greater than the de reminds (Step 2); (tit) has experienced a reduction in net tax revenue (Step 3); and (iv) lacks sufficient revenue from other, permissible sources to pay for the entirely of the reduction (Step 4), then the recipient government will be considomd to have used SURF funds to offset a reduction in net tax revenue, up to the amount that revenue has actually declined. That is, the maximum value of the reduction revenue due to covered changes that a recipient government must cover is capped at the difference between the baseline and actual tax revs nue?ss In the event that the baseline is above actual tax revenue but the difference between them is less than the sum of revenue reducing changes that are not paid for with other, permissible sources, organic revenue growth has Implicitly offset a portion of the eduction. The revenue reduction sop implements this approach for —This me in Voted Insetlion 35.8k1 orthe enai,me, wnuistre me ocnean ormnas u.eem vidaticn of 0Nser pmvieon. permitting organic revenue growth to cover the cost of tax cuts. Finally,. recipantigovernment may request reconsideration of any amounts identified in a notice from Treasury as subject to recoupment under this framework. Comments and responses to the racoupment process are discussed in section Remedistion and Racaupment of this Supplemental Information. 3. Reporting To facilitate the implementation of the framework shove, and in addition to reporting required on eligible uses, recipient governments are required to report certain information. The interim final rule indicated that Treasury would provide additional guidance at a later data and that, on an annual basis, it expected each recipient government would be required to provide the following information: . Actual net tax revenue for the reporting yen, Rathrevenue-reducing change made to date during the covered period and the in -year value of each change; • Each revenue -raising change made to date during the covered period and the in -year value of each change; and • Each covered spending cut made to date during the covered period, the in - year value of each cut, and documentation demonstrating that each spending cut is covered as prescribed under the interim final rate. Since the adoption of the interim final rule. Treasury has provided guidance on reporting regarding eligible uses and has required recipient governments to indicate whether they have made mvemd changes and the value of such changes aas Reporting lumen Public Comment: Some commenters argued that the framework for identifying and reporting impermissible offsets was burdensome and that the burdens should be amounted for under Executive Order 13132 (Federalism, Auggue14, 1999). Treasury Response: Taking into consideration comments received regarding burden, Treasury is considering a tiered approach to reporting on the offset provision. Specifically, under this approach, a recipient would only be required to report information to the extent needed to detemdne whether SURF funds had been used to offset a reduction in net tax revenue. Poo example, a recipient government would be required to report um see eeportirg Gui,Imm,aMion C.11, re.U.de as hf f'.11da ve..."-Ays v./Pke/ m F-r:omplimm�ond-lkpm'fing Cuitlander-.pdf. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4429 information regarding permissible offsets only if it had also reported covered changes that were in excess of the de minimis and had reported a net reduction be lax revenue. Treasury will provide additional guidance and instructions on the reporting requirements at a later date. As discussed in section Regulatory Analyses of this Supplemental Information, Treasury maintains that the filial rule does not have federalism implications within the meaning of Executive Order 13132 (Federalism, August 4,1999). In the ARPA, Congress requires stales and territories to repay the Secretary for amounts used in violation of the prohibition on using SLFRF food. to client reductions in net tax revenue, and it authorims the Secretary to issue regulations to carry out this limilatime and other requirements of the statute. Section 6(b) of Executive Order 13132 contemplates that certain regulations will be required by statute, as is the case with the interim final rule and the final rule, in which use section 6(b)(2)(Ills requirement to fueled.. federalism summary impact statement in the Supplementary Information to the regulation does not apply. Notwithstanding the above, Treasury has engaged in efforts to commit and work cooperatively with affected state, local, and Tribal government officials and mourriaffons in the process of developing the interim final rule. Reporting Transparency Public Co...(: Several comnamere argued that information supporting the net tax offset calculation should be publicly available. Some of these commenters requested that reporting be made available in a machine-readable format, and others advocated that recipient governments disclose this information on their local budget agency's websfte. These commenters argued that making information regarding tax changes publicly available would into.es transparency and accountability. Further. several commenters suggested that Treasury provide a mechanism for citizens to register that, concern. about particular fax actions. Treasury Response: As discussed in other sections, reporting requirements promote transparency and accountability for the general public and constituents of recipient governments to understand how slate, local, and Tribal governments have used SLFRF funds. Since the publication of the interim final rule, Treasury Issued supplementary reporting guidance in the Compliance and Reporting Guidance and in the User Guide: Treasurys Portal for Recipient Reporting (User Guide), which addresses the particular content and form of required reporting. Treasury will continue to issue updated guidance prior t0 each reporting period clarifying any modifications to requested report content and will continue to consider how reporting can best support tomparency and accountability while minimizing recipient administrative burden. Further, as discussed in the section Remediation and Recruitment Treasury may address potential violations of this final rule based on both information submitted from recipients, either through quarterly reports or self -reporting, and from other sources of information (e.g., information submitted from the public). 2. Deposit Into Pension Funds Background: Subtraction 602(c)(2)iR) of the Social Security Act provides that "Info State or territory may use funds made available under this section for deposit into any pension fund." Similarly, subsection 603(c)(2) of the Social Security Act provides that "Info metropolitan city, nonentitleam nt unit of local government, or county may use funds made available under this section for deposit into any pension fund." For purposes of this restriction on grain. deposits, the interim final rule fined deposit to mean "an extraordinary payment of an accrued, unfunded liability." The interim final rale also specified that a deposit does not include routine contributions made as part of s payroll obligation, such as the normal cost component of a pension contribution or the component that consists of amortization of unfunded liabilities ®Iculoted by reference to the employer's payroll cost.. The interim final role applied the restriction on pension deposits to all recipnts ie. Public Comment: Seveml commenters observed that the statutory restriction an deposits into pension funds does not apply to Tribal governments. Treasury Response: In reap..., Treasury is clarifying in the final rule that the pension restriction does not appply to Tribal governments. Pubh'c Comment: Treasury also received a comment expre.ing concern that the interim final role permitted recipients to make a larger than usual Peter contribution, . long as the timing of that contribution aligns with the historical timing of contributions. Treasury Response: The interim fiord role prohibited the use of S= funds from the ARPA to make extraordinary payments, and the SuFFunearriarr INFORMATION to the interim final rule said that a payment would be an extraordinary payment if it reduces a liability incurred prior to the start of the COVW-19 public health emergency and occurs outside the recipient's regular timing for making the payment. At the same time, however, as suggested by the comment Treasury received, a payment made at the regular time for pension contributions may very well be an extraordinary payment, for example, if it is larger than a regular payment would have been. Such a payment would be a restricted use. Public Commend: Other commenters asked which pension contributions are permitted. Treasury Response: To be an eligible use of SLFRF funds, a use must (1) be eligible under one of the eligible use categories and (2) not contravene any of the applicable restrictions on uses of funds. Some pension contributions may be eligible because they both fit within On eligible use category and do not contravene the restriction on deposits into pension funds (i.e., they are not an extraordinary payment of.. ..ad, unfunded liability). For example, payroll and covered benefits for public health and safety staff responding to COVID-19 am an eligible use of funds to respond to the public health and negative economic impacts of the pendemi, routine pension contributions as part of an emplayea's regular covered benefits are permissible under that eligible use category. B. Other Restrictions on Use of Funds 1. Debt Service and Replenishing Financial Reserve. The 111"LEtrENTMY INFORMATION to the interim firm] rule provided that debt service is not an eligible use of funds either to respond to the public health emergency or its negative economic impacts or as a provision of government services to the extent of revenue Ioohnss The interim final rule also provided that replenishing financial reserves rainy day funds) is not an eligible use of funds either to respond to the public health emergency or its negative economic impacts or as a prevision of ffi'1clevammant emvicee would me eirloda inbrevI or primal nn err in ilereding data L,vwme r. including, far maniple, e6on-Imm m tux anerhouan nmer, or boa or rnae aroauded with the lower. of new date Pnr16eearn.moan., ceernmmJ aervicm .wild not nidedr utdoxim .fee, rhetoric. ryAsine order terraria to. meeninrrt axera erni, townmtt, tamers do—.. or dakely—fin ad debt restructuring in a judicial,.dministumn, or modems procedure. except if the footloose or mm.ment exceed the provision.fgavwmmt smvlma"9e In 267W-a2(My 11, tocut 4430 Federal Reglsler/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations government services to the extent of revenue lass. — As explained in greater detail below, Treasury, in the final rule, has retained these reetrictione and is clarifying that these restrictions on the use of SURF funds apply to all eligible use categories. Public Comments Several commenters suggested that debt service and reserve replenishment should qualify as the provision of a government service and be an eligible use of funds, up to the amount of revenue lose due to the pandemic. Many commenters indicated that they had been forced io borrow money or dip into reserve funds to con0me providing government services during the public health emergency and that using SURF funds for resulting debt service or reserve replenishment costs should therefore be considered a government Service. Many comments from Tribal gover menu noted that their governments depend an revenue from Tribal enterprises to pay government debts and provide Services. The comments suggest that it should be an eligible use of SLFRF to replace last revenue from these enterprises that Auld typically be used to pay debt service costa. Other commenters argued that paying the interest or ppvrelied on some debt should in e cases be considered provision of goverment services and an eligible use of funds as such expenditures facilitate the prevision of government services. Some commenters argued that debt costs or reserve drawdowns during the public health emergency constitute a negative economic impact to recipient governments, and thus debt service or reserve replenishment should be an eligible use to respond to that negative economic impact. For example, several commenters suggested that there should be a specific carve -out allowing the use of SLFRF funds for debt service on debt incurred for government services after January 27, 2020, the start aides public health emergency, or short-term debt incurred for this purpose. Others suggested that recipient governments should be his to service debt, up to the amount of debt incurred in direct response to the pandemic. These commenters generally reasoned that the cost of responding to the public health emergency and its negative economic impacts prior to APRA's passage o."Inaddmoa. MI mahing firnnen] res.rvw sou, -my day a, omv ve Susan r.muld not Ice 11nd"oves' of a saw WIN. sinte ,col aepan a. do nm direnlsuite to the 'ermi.e ofe mrsmr—ine.- constitutes a negative economic impact of the pandemic. Some commenters argued that the specific impacts of the pandemic on the travel, tourism, and hospitality sector had affected their ability to meet debt service costs. For example, some commenters explained that specific tax streams (e.g., hotel room taxes) or revenue sources (e.g., hospitality generally) are tied to specific debt instruments and that these revenue souroes had declined during the public health emergency; commenters argued that this constitutes a negative economic impact that SURF funds should be permitted to address. Finally, some commenters questioned why servicing debt incurred after March 3. 2021 for an otherwise eligible project (e.g., a broadband Infrastructure project) would not be an elggible use of funds. On the other banA, many commenters expressed support for the interim final rate's prohibition on use of funds for debt service and reserve replenishment. These commenters largely argued that SURF funds should be used to provide current services to cummunities in response to the public health emergency and that use of funds for debt service or reserve replenishment represented, respectively, payment for past costs or savings for potential future costs. In addition to the prohibition on debt service and reserve replenishment, some mentors suggested that the Snal rule should also prevent funds tram being used for state IR trust fund replenishment or for paying off debt owed through UI trust funds. One commit argued that Treasury should further restrict recipient governments, for example by preventing recipients from making cuts to an allowable budget item, filling the budget gap with SURF funds, and than using the savings from the initial cut for debt service or reserve replenishment. Treasury Response The final rule maintains the restriction on the use of funds for debt service or reserve replenishment for the reasons described below and clarifies that this restriction applies to all eligible usecalegernes. First, debt service and reserve replenishment costs do not constitute the provision of services to constituents. As noted in the interim final rule, financing expenses ­such as issuance of debt or payment of debt service —do net provide services or aid to citizens. Similarly, contributions to rainy day funds and similar financial reserves constitute savings for future spending needs. As such, these expenses do not respond to the current and ongoing public health and negative economic impacts of the pandemic, nor do they provide a government service. Second, payments from the SURF are intended to be used prospectively into section Timeline for Use of SLFRF Funds). The interim final rule provided that funds may be need for costs incurred beginning on March 3, 2021, which Treasury has maintained in the final ode. Use of Ponds for debt service an indebtedness issued prior to March 3, 2021 necessarily entails using funds for costs incurred during prior time periods, rather than the present response to the public health emergency and its negative economic impacts or to provide government services. Third, SURF funds provide recipients with substantial latitude to use funds to support the diverse needs in their communities. With SURF resources available, recipients have less need to incur debt for otherwise -eligible SLFRFuses. Finally, given the strong performance of overall revenues and low municipal bond yields, state and local governments generally do not face high levels of fiscal stress. Limits on debt service or replenishment of reserves would rat have a substantial impact on recipients' ability to provide services. The ratio of state and local debt -to -GIN, which spiked briefly during the pandemic, has recovered to its pre - lendemic level and remains well below evels seen during the Great Recession.367 2. Settlements and Judgments The interim final rule also I that sa0sfaction of any obligal under or pursuant to a se0len or public health and negative economic impacts of the pandemic or as a government service provided under the revenue lass eligible use reneger yI However, if the judgment or settlement requires the recipient to provide services that are otherwise eligible under an SURF eligible use category, specifically if the settlement or judgment requires the recipient to provide servicos to respond to the COVID-19 public health emergency, or its negative economic impacts or to provide government services, then that costs are eligible uses of SURF funds. '°'Tolle Z r of he Fit..] scco mb of the united Stew,...d of Gor3rnom of am reienl Nerve Slaves, and Telile ir5 oMm aod Luume .nd rose. w¢ounta, aurae of E,smmo c swy,a. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 9931 In other words, satisfaction of a itself is practices included in the CDC's and gender identity), mlr'gron, dis ibility, settlement or judgment not itself guidelines and recommendations for o age, or familial status (having an eligible use of funds, unless the stopping the spread ofCOVHD 19. This children under the age of 18). settlement requires the mciplery to services or incur other costs includes programs that impose a condition to discourage compliance N. Program Administration Provisions that are eligible uses of SLFRF funds. with practices in line with CDC The interim tins] role included In the final role, Treasury is guidance (e.g., paying off fines to - several writer that described the maintaining the interim final rule businesses incurred for violation of processes and requirements for approach and clarifying that it applies OOVID-19 vandenton or safety administering the program on an to all eligible use categories and any use requirements), as well as programs that ongoing basis, specifically: Distribution of funds under the SLFRF program. require households, businesses, of funds, transfer of funds, use of funds 3. General Restrictime In addition to the above restrictions, there am three general restrictions that apply to SLFRF funds, Theses restriction, which reflect relating laws and regulations, the Award Terms and Conditions, and application of the ARPA statute, applied under the interim final rule, and they continue to apply under the final rule. A primary purpose of the SLFRF in the ARPA is to support efforts to step the spread of COV10.19.see A. discussed above, recipients of SLFRF flu ids am required to comply with the Award Terms and Condition. established for the use of such funds. The interim final role and final role implement this objective by, in part, providing that recipients may use SLFRF funds for COVID-19 mitigation and prevention?°° See section Public Health in Public Health and Negative Economic Impacts. The CDC has provided recommendations and guidelines to help mitigate and prevent COVID 19 and has identified vaccines and masks a two of the best tools to prevent the spread of COVID-19. The interim final rule and final rule help support recipients in stopping the spread of COVID-19 through these recommendations and guidelines. Consistent with the purpose of the ARPA and as implemented through the interim final rule and final rule, a recipient may not use SLFRF funds for sery a program, ice, or capital expenditure that includes a term or condition that undermine. efforts to stop the spread of COV 19. A program ar service that imposes condition. on participation or acceptance of the service that would undermine efforts to stop the spread of COVID-19 or discourage compliance with recommendations and guidelines in CDC guidance for stopping the spread of COVID-19 is not a permissible use of SLFRF funds. In other words, recipients may not use funds for a program that undermines masse sec. NVAll)', 6os1aN21:...(s)In: 6m1.)IA. +see ase(b); Co sass ma she and Incal Here] however, Foods, w Fa at 26786. nonprofits. or other entities net to rise fractions in line with CDC guidance as far program administration, reporting on the use of funds, and remadiation and a condition of receiving funds (e.g., mcoup rmat offends used for ineligible requiring that businesses abstain from purposes. requiring mask use or employee To enhance clarity, this vaccination as a condition of receiving SUPPtfMEWARY INFORMATION for the SLFRF funds). final rule organics these issues into one Second, a recipient may not use section on Program Administration SLFRF funds in violation of the conflict Provisions. Recipients should also of interest requirements contained in consult Treasury's Compliance and the Award Terms and Conditions or the Reporting Guidance for additional Office of Management and Budget's information on program administration Uniform Guidance, including any self- processes and requirements, including dealing or violation of ethics rules. the applicability of the the iform Recipients are reached to establish Guidance. to manage on procedures net cover. Lastly, recipients should also be cognizant that federal, state, and local laws and regulations, outside of SLFRF program requirements, may apply. Recipients may not use revenue loss funds, for instance, to violate other background laws that limit the scope of activities that may be conducted as "government ..wine.," including other state and federal laws. State and local procurement, contracting. and conflicts- of-interat laws and regulations may include applicable requirements, including, for example, required procurement promised fro contractor selection or competitive price setting. Furthermore, recipients are also required to comply with other federal, state, And local background laws, including environmental laws a'e and federal civil rights and antidiscrimination requirements, which include prohibitions on discrimination on the basis of race, color, national origin, sex, (including sexual orientation I-Spacin®lly.IAe Award t'etma and ruMi,iov pensde that"IdrJpianl undentends and agrees, it mom maintain a conllle of interest polley consistent with 2 Us nualad and that an& conflict hoariest he, is upplirablo t... h ..deny funded tinder be award. Recipient. and subm,,iens suet diacla.e in writing 1. Treasury onhu pa —hough egencY, an opyope.t.. any pawed.] o dtliel of hosece same, lM swedes] N,We In eanNance with 2 dot 2anr12:' — An —,It.. is societies Net do nM said Y aidY ordeas explicitly season, including, eg., the National Brviromnemal valley Act and the u ilaccean Act, A. Payments I. Tmnches to Local Governments and Certain Stotes Section 602[b)(e)(Agii) of the Social Security Act seductions the Secretary to withhold payment of up to 50 percent of the amount allocated to each state and territory For a period of up to 12 months from the data on which the state or territory provides its statutorily - required certification to the Secretary. The Soda[ Security Ad requires any such withholding be based on the unemployment rate in the state or territory as of the date of the certification. Under the interim final in, Treasury provided that it would withhold 50 percent of die amount allocated from any slide that had an unemployment rate lass than two percentage points above its unemployment rate in February 2020 as of the date the state submitted its initial certification for payment of funds pursuant to section 602(d)(1) of the Social Security Ad. Based on data available at the time of the issuance of the interim final role, this threshold was expelled to result in a majority elevates being paid in two trenches. Treasury did not split the payments of any territories. Public Comment: One commenter asked Treasury to allow a state to request release of the portion of the slate's second burden payment after the Who could demonstrate that it had allocated the entirety of the first tranche, a need to continue ongoing programs, and a dust. to avoid bormwing costs. Another commenter asked Treasury to clarify whether states that received half their funding In the 4432 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations first payment would receive their operating budget, including its general Commentem addressed how a locality second half payment within 12 months. fund and other funds, as of lanuary 27, was classified ase an NEU or Similarly. Snms recipients requested 2020." The interim final rule further metropolitan city, deviations between elimination an whether they could provided that states and territories must Treasury's allocation calculations and obligate second tranche funds before permit NEUs without formal budgets es earlier estimates from other sources, receipt or use second tranche lands fat of January 27, 2020 to self certify their treatment of unincorporated areas, casts incurred prior to receipt. most recant annual expenditures as of sources for population data, and Treasury Response: The final rule January 27, 2020 for the purpose of Treasury's allocation of NEU funding to maintains the approach in the interim calculating the 75 percent budget cap. states and territories based on the final rule with two modifi n/ions. As Further, the interim final rule population of a state and territory described in the interim final rule, prohibited states and militaries from outside of its metropolitan cifies. Two splitting payments for most states placing additional conditions or commenters proposed that Treasury provides consistency with payments to requirements on distributions to NEUs provide an appeal procoss for localities local governments and encourages stales beyond those required by the statute, that were not identified on the List of to adapt their use of Ponds to the interim final rule, or Treasury's Local Government. used by states and developments that arise in the course of guidance and from offsetting any debt territories Be part of the process in the economic recovery. Moreover, owed by such NEUs against such which a state or territory determines the SLFRF funds may be used for costs distributions. eligibility of an NEU in accordance with incurred during the period of Commentere predominantly focused Treasury guidance, or for Minor Civil performance. Recipients may use then on the definition of an NEU's budget for Divisions (MCDs) that were denied jurisdiction's budgeting and purposes of calculating the 75 percent funding as pert of a facto -and - procurement practices Bud laws to budget cap, NEU allocations and circumstances test undertaken by a determine how and when second eligibility, and the prohibition on states weak-M® state. mosche funds may be obligated, and territories imposing additional Treasury Response: Neither the The final rule makes two adjustment. conditions or requirements in the NEU interim final rate nor the final rule for operetioml purposes. First, the final distribution process. addresses eligibility or allocations rule provides that Treasury expects to Definiissues, and comments on these topics make all second trench¢ payments to are of NEU Budget ate outside the scope of this d in other sales available at binding n 12 months Public Comment: Commentere These questions are addressed in other from the date that funding was first suggested that Treasury provide an Treasury guidance, including the made available by Treasury (May 10, NEU's" o s re the budget" of an Guidance on Distribution of Funds to i202 1)ndividual regardless of when each NEU's "moat recent budget" for Non -entitlement cad Units of Local indti idual state submitted its initial purposes of the s percent budget cap GBVgrrllfGovand ant Definitional Unit certification. This should increase calculation. its interpretation provided updated of t.aM Methodology Definitional and clarity and consistency is the liming es guidance on its interpretation of the, Data Methodology guidance documents secondasury. payments for bath states percent budget cap an June thteal, availablea.re Treasury's rated the and Treasury. Second, also administrative ease and scommenter suggested Thal Became Treasury interpreted or recipient states' ikesarequire burden, Treasury incorporate into th such updated with the s of to NEU st in accordance the final rule strikes a requirement nt from interpretationsaviinto l rals MPNTAIIY with the statute and established an NEU the interim final rule that sites ..at INFOeasury of esthe final rule. final role d es not incorporate to May teal, plus paymefor theirsecondquiree Treasury Response:Consistenthe7 finalruledogsnotarding an payments and file all the date n whirr at the Update Budget Interpretation for the 75 appeals process regarding the least 3e days prior to the date av which percent Budget Cap Calculation definitions or [het used nd- 11'.fecondpayment amade tha0abte. published on June 3gteal?o the circumstances maid for eligibility 'flue final rule simply requiresranch that states raPPIEMENra. IN NEU's bug of the final determinations. certify for their second [concha payment rile defines al NEU'. budget [or and file all required rapistsbefore pa purposesof calculatingthe l udgen, ProhibitiononAdditional Conditions or receiving their second rind re payment, budget cap as its petal annual budget. RequirP... manta in the NEU Distribution with no 30 day wait period required. excluding both operating and caporal £rouble expenditure budgets, in effect as public Comment: One commenter B. Payments toDement Unite of January 27, 2020. The guidance also expressed support for Treasury's Local Governmentent (NE (NEUs) and Units of gives slates end territories flexibility to prohibition on stelae and territories Local Government (UGLGa) Within Non- - UGLG Counties The interim final rule established requirements related to distributions of SLFRF funds by states and territories to NEU, soil UGLGs within non-UGLG counties. Specifically, the interim final rule provided that the total distribution to an NEU cannot exceed 75 percent of the most recent budget for the NEU (the 75 percent budget rep); a requirement set forth in section 603(b)(2)(C)(iii) of the Social Security Act. The interim final lute SOPPLEMPall INPORMAIION defined the NEU's budget for purposes of calculating the 75 percent budget cap as the NEU'. "most recent annual total definition will better facilitate states' and territories' distribution of SLFRF funds to NEUs. Allocations and Eligibility Public Comment: Many commenters provided feedback on spet allocation calculations and eligibility of local governments for NEU funding. s'a Ttrasya Updae an Interpre tivn fro the 75 Percent Butler Gp G4deUvu wn be found ne'. hilpYlhometrt auggv/eyste lfilestl3VNEU- Updma75- haennaudgenCappd/. —The (sodi. an nieaibuti® dFunda to Nwsndtkment Unite ritual Govemmanl can be found at thin link: heouslhome.rmssurygw/ tron—Ailee/11BINEU Good. —pis/ TM Nwenlltkment Unit of lure Cornmeal Definitional and me Methodology can be found at this link: hap :lAosso nsusuryg-1swasonl Ilea/ I38/NEUl rinnaoingypdf —Treasury has Worsened Nall lu gmrtdly aided. both inrommvred places and Mlm with erns finuionmg governorates. subhnt to the eras internal nine, in the rsen of week Milan Stubs, that week MM be the lead and vforest ... I eapeeny oacme[ SLrRr funds and pvida btmd made f mss eervi«e chit—.1d,nnsnwb islands uses under AIIPA. More details ®n be round in the Nvossallement Unit of fgm)( vhrruaosod .final®] and no. MeanaloaM, available at hhadhodh000pay. ury{w/syaram/J'IeYlga/NEU_ Marnnmmer.pd/. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4433 placing additional conditions or requirements on distributions to NEUs. This prohibition restricts states and territories from imposing limitations on NEUs' use of SLFRF funds based oa an NEU's proposed spending plan in other policies, offsetting any debt owed by an NEU against the NEU's distribution, or providing funding an a reimbursement model. In particular, the commenter noted that a reimbursement model world lead to inequities in accessing SURF funds. Treasury Response: The final rule maintains and finalizes the prohibition on states and territories placing additional conditions or requirements on distributions to NEUs as well as to any UGIGs within counties that are non-UGLGs. Such conditions or requirements may contravene the statutory requirement that states and territories make distributions based on population and within the statutorily defined lousiness. Other Provisions Treasury did not receive substantive comments on the requirement that states and territories permit NEUs without formal budgets as of January 27, 2020 to self -certify their most recent annual expenditures a. of January 27, 2020 for the purpose of calculating the 75 percent budget cap, or Treasury's Interpretation of the 75 percent budget cap applying only to a consolidated government's NEU allocation under section 603(b)(2) but not to a cansolidaled government's county allocation under section 603(b)(3). Further, Treasury did not mcatvo substantive comments on the interim final rate's allowance that states and territories be able to use SLFRF funds under section 602(c)(1)(A) to fund expenses related to administering peymente to NEUs and units of general 'oral government. As such, the Real rule maintains these provisions as written in the interim final rule without modification. Treasury received some comments that are not addressed because they are beyond the scope of the NEU provision of the interim final rule or not authorized by the statute, including comments related to state accounting practices, reallocations of NEU allocations that exceed the 75 percent budget cap, and concerns around eligible uses under SLFRF that small local governments may find particularly salient. C. Timeline for Use of SLFRF Funds The interim final rule provided that "(al recipient may only use funds to cover costs intoned during the period beginning March 3, 2021 and ending December 31, 2024." The interim final role also provides that the period of performance will run until December 31, 2026, which will provide recipients an additional two years during which they may expend Ponds for costs incurred (i.e., obligated). As explained in more detail below, in the final role Treasury is maintaining these time periods. Treasury will retain Marsh 3. 2021 as the first data when coats may W incurred, to provide for forward -looking or prospective use of funds and to align with the start date of the "covered period" as such term is used in section 602(c)(2)(A). The deadline for costs to be incurred — which the final rvle clarifies means obligated —December 31, 2024, is specified in the ARPA statute, and Treasury will retain December 31, 2026 as the end of the period of performance to provide a reasonable amount of time for recipients to liquidate obligations incurred by the statutory deadline. Public Comments. Some commentere expressed concerns about costs incurred before March 3, 2021 not being covered and recommended the "start date" be changed to January 2020 to coincide with the declaration of the public health emergency. These commenters argued that recipient governments began incurring costs to respond to COVI0.19 and its economic impacts in January 2020 and that prior federal fiscal relief, such es relief provided in the Coronavirns Aid, Relief, and Economic Security Act, did not fully compensate recipient governments for these costs. These mmmenter recommended that costs incurred before Marsh 3, 2021 that otherwise fit within eligible use categories for SLFRF should be permissible uses of funds. Some commenters asked Treasury to clarify whether local governments am subject b the same covered period as states and territories beginning March 3, 2021. Commenters paled that section 603(g) of the Social Security Act does not contain the same definition of "covered period" as section 602(g)(l) of the Social Security Ad, which references a statutory provision that only applies to states and territories. Many commenters requested that the deadline far costs to be incurred and the period of performance be extended due to the longer timeline for completing water and sewer projects. One ...enter requested that mcipients be able to split projects into different phases so that funds could be expended on larger, longer term project. leg., by obligating funds on one port on of the project by the statutory deadline). One commenter recommended that the period of performance be extended for at least two additional years beyond the expenditure deadline set faith in the interim final rule, i.e., until December 31, 2028. One commenter wrote that the final role should allow for extended projects (e.g., over a time horizon of more then ten yeas) far recipient. working to develop long-term water so It to prepare for extreme drought. 7leasury Response. In the final rule, Treasury is maintaining March 3. 2021 as the data when recipients may begin to incur costs using SLFRF funds. As deardinal in the interim final rule, use of SLFRF funds is forward looking and the eligible use categories provided by statute are all prospective in nature. While recipients may identify and respond to negative economic impacts that occurred during 2020, the costs incased to respond to these impacts remain prospective. Further, Treasury considers the beginning of the covered period for purposes of determining coerplience with section 002(c)(2)(A) to be a relevant mistiness point for this purpose that provides some Flexibility for recipients that began incurring costs in the anticipation of enactment of the ARPA or in advance of the issuance of the interim final role and receipt of payymment. Firmlly, establishing an earlier start date would permit governments to use funds tacetvad in 2021 to satisfy obligations incurred in 2020. This use raises a substantial risk of SLFRF funds being used to supplant other recipient funds previously used to ppay for such 2020 obligations, basing funds for recipients to use for any purpose rather than eligible uses of SLFRF funds under the ARPA. Permitting such usage would undermine the provisions setting forth permissible and impermissible one in the statute. Therefore, a reading of the statute permitting use of funds prim to March 3, 2021 would be inconsistent with the statutory structure. In the final rule. Treasury is also maintaining the deadlines by which funds must be obligated (i.e., December 31. 2024) and by which such obligations ..at be liquidated (I.e., December 31. 2026). The December 31, 2024 deadline by which eligible costs must be incurred is established by statute. Treasury is finalfideg its interpretation of "incurred" to be equivalent to the definition of "obligation," based on the definition used for purposes of the Uniform Guidance. Treasury is also maintaining the period of performance, which will run through December 31. 2W6. and provides the deadline by Bich recipient. at expend obligated funds. Most recipients received SLFRF funds in the spring and summer of 2021, 4434 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations meaning that they have over three years to obligate and over five years to expend funds. This previous a sufficient amount of time for recipients to plan and execute projects. D. Transfers of Funds Under section 602(c)(3) of the Social Security Act, a state, territory, or Tribal a Tribal organization ... a benefit cooperation involve 603(cj(31 authorizes a local government to transfer SLFRF funds to the same entities (other than Tribal organizations). Separately, section 603(c)(4) authorizes a local government to transfer SLFRF funds to the state in which it is located. Entities Eligible for a Transfer Under Sections 602(c)(3) and 603(c)(3) Regarding transfers permitted under sections 602(c)(3) and 603(c)(3) of the Act, the interim final rule that the lists of transferees fit these sections are rat exclusive and that state, local, territorial, and Tribal governmeats may transfer funds to other constituent units oftmearnment or private entities eligible transferees in sections 602(c)(3) and 603(c)(3) as nonexclusive. However, many commenters asked for greater clarity as to whether specific entities not listed in Treasury's examples ofeligible subrecipients, such as nonprofits and Tribal governments, were eligible transferees. One commenter also asked whether a recipient may transfer SLFRF funds to a higher level of government, such as a locality to the county in which it is located. Treasury Response: The final rule clarifies that, in addition to the eatities enumerated in sections 602(c)(3) and 603(c)(3), recipients may transfer SLFRF funds to any entity to carry out as a subrecipient an eligible use of funds by the transform, as long as they comply with the Award Terms and Condition. and other applicable requirements, including the Unitome Guidance at 2 CFR 200.331-200.333. Eligible subrecipients include, but arc not limited to, other units of government (including Tribal governments), nonprofits and other civil society organizations, and private entities. Further, the final rule derifies that transfers may be made to both constituent or nonCoeartituent units of government. For example, county A may transfer SLFRF funds to comity B as long as county B abides by the use restrictions applicable to county A and the transfer would constitute an eligible use of the funds by county A. County A must receive a benefit proportionate to the amount transferred. As detailed in the interim final rule Supplementary Information, once transfers are received, the bassists. must abide by the restrictions on use applicable to the transferor under the ARPA and other applicable law, regulations, and program guidance. Further, the transferor remains responsble for monitoring and overeceing the subrecipient's use of SLFRF funds and other activities related to the award to ensure that the subrecipient complies with the statutory and regulatory requirements and the Award Terms and Conditions. Recipients also remain responsible for reporting to Treasury on their subrecipients' use of payments tram the SLFRF for the duration of the award. Peeling Funds Public Comment: Several commenters asked for clarification about whether they may pool SLFRF funds for a project with other recipients, including when doing so involves a transfer to another entity, such as a regional organization or government that undertakes projects on behalf of a number of local goveopmenM. Commenters also asked for clarification on the oversight and reporting obligations that would reselt from such numbers. Treasury Response: Consistent with Ruidance issued fo7lowinR the interim track the use of finds in line e reporting and compliance funds the of multiple recipients. To the extent recipients undertake regional projects via transfer to another organization or government. recipients would need to comply with the rules on transfers specified in the final rule SUPPLEMEMARY INFORMATION. A "11 m.-ee, So. end Incd Fwal B., Fmda, R {nen11Y NMed goatliona. a of IoIY la, 2021; hips ilSame rxoaurygw/system/file✓na/ SLFRFFAQ.pe). incipient may transfer funds to a government outside its boundaries (e.g., county transfers to a neighboring county), provided that the transferor ran document that the transfer constitutes an el igibla expense of the transferor government and that its jurisdiction receives a benefit proportionate to the amount transferred. Blending and Braiding of Funds Treasury is clarifying in the final mle that, consistent with further guidance issued byy Treasury following the interim final rule,srs recipients may fund a project with both SLFRF funds and other sources of funding, provided (hat the costs are eligible costs under each source program and are compliant with all other related statutory and regulatory requirements and policies. The recipient must comply with applicable reporting requirements for al I sources of funds supporting the SLFRF projects and with any requirements and restrictions on the use of funds from the supplemental funding sources and the SLFRF program. Specifically, • All funds provided under the SLFRF program most be used far projects, investments, or services that are eligible under the SLFRF program. SLFRF funds may not be used to fund an activity that is not, in its enfuety, an eligible car under the SLFRF program. For example: o SLFRF funds may be used in conjunction with other sources of funds to make an investment in water infrastructure that is eligible under section 602 or 603 of the Social Security Act and the final rule. o SLFRF funds could notbe used to fund the entirety of a water infrastructure project that was partially, although not entirely, an eligible use under Treasury's final role. However, the recipient could use SLFRF funds only for a smaller component project that does constitute an eligible use, while using other funds for the remaining portions of the larger planned water infrastructure project that der not constitute an eligible use. In this case. the "project" for SLFRF purposes under this program would be only the eligible use comyo...t of the larger protest. e In addition, because SLFRF funds mist he obligated by Oecamber 31, 2024, and recipients must expend all funds under the award no later then December 31, 2026, ract iertt. must he able to, al a minimum, determine and report to Tmasmy on the amount of SLFRF funds obligated and expanded and when such funds were obligated and expended. "°Sec FAg9.ra.ld. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4435 Scope of a 603(c)(4) Transfer Unlike in the case of a transfer under sections 602(c)(3) or 603(c)(3), the interim final rule SUPPLEMENTARY INFORMATION specified that translate ham a local government to die state under section 603(c)(4) will result in a cancellation or termination of the award on the pan of the transferor local government and a modification of the award to the transferee state. Public Comment Two commenters suggested that Treasury expand section 503(c)(4] beyond transfers from localities to the state to include transfers from counties to their constituent local governments, which would inceativem counties to augment funds to address the needs of local governments. These commenters, noted that counties are disincentivized to make transfers under section 603(c)(3), as is currently allowed, as such transfers would require that cmmies provide oveeright and monitoring over Its subrecipients. Treasury Response: Section 6o3(c)(4), by its terms, applies only to transfers from [oral governments to states. Accordingly, the final rule must maintain the interim final rule'. limitation of section 603(c)(4) tansfem as applicable only to transfers from local governments to states. Expansions of section 603(c)(4) transfer authority beyond transfers from local governments to states were not explicitly authorized by Congress. As such, transfers under section 603(e)(4) may only be made by local governments to the state in which they are located. Congress enumerated two separate transfer provisions for local govarnments—section 603(c)(3) and section 6031c)(4)—that use different language and were intended to operate differently. Section 603(c)(4) contains prefatory language ("Notwithstanding paragraph (1)"—a reference to the eligible SLFRF uses) that section 603(c)(3) does net. In other words, section 603(c)(4) transfera are not required to constitute an eligible use of the funds from the perspective of the transferor local government, but section 603(c)(3) transfers are required to constitute an eligible use. A transfer to accomplish an eligible use her within the recipient-subereipient framework. Further, treating section 603(c)(3) transfers as leading to a cancellation of the award for the transferor local government would result in sceneries that are inconsistent with the statutory language. An award cancellation pursuant to a section 603(c)(3) transfer would result in either (I) non- governmental coffee becoming award recipients under the program, which would contravene the purpose of SLFRF or (2) transfers to governmental and non -governmental entities being treated In a distinct and Inconsistent manner. That is, section 603(c)(3) transfers to governmental entities would lead to award cancellation but section 603(c)(3) transfers to non -governmental entities would lead to a recipient-subrecipient relationship. Therefore, in the final role, Treasury maintains its distinct treatment of a section 603(c)(3) transfer and section 603(c)(4) transfer. The Final role clarifies that a transfer under section 603(c)(4) will result in a modification, termination, or cancellation of the award con the part of the transferor local government and a modification of the award to the transferee state or territory. As detailed I. the SUPPLEMENTARY INFORMATION to the interim final Is. the transferor must provide notice of the transfer to Treasury in a format specified by Treasury. Until the local government provides such notice and Treasury provides confirmation of its acceptance of the notice, the local government will remain responsible for ensuring that the SLFRF award is being used in accordance with the Award Terms and Conditions, section 602 or 603 of the Social Security Act, the final rule, and program guidance including reporting an such uses of the ...,it funds to Treasury. A state that receives a transfer from a local ggovernment under section 6031cJ(4) will be bound, by statute, by all of the use restrictions set forth: section 602(c) with respect to the use of those SLFRF fmda, including the prohibitions on use of such SLFRF funds to offset certain reductions in tree a to make depoaite into pension funds. The state will be responsible as the prime recipient for the use and reporting on any funds transferred under section 603(c)(4) by the local government. Such transferred funds will be subject to the Award Terms and Conditions previously accepted by the stale in connection with its SLFRF award. Subreclpiant Transfers Public Comment: Commenters sought clarification as to how foods may be transferred from a recipient to another entity. For instance, one commenter requested that recipients be able to advance funds to subrecipients as opposed to reimbursing subrecipients for expemes incurred. TreasuryResponse: Treasury did not specify in the interim final role whether recipients may advance funds to subrecipients. This omission was not intended to prevent recipients from advancing funds to subrecipients, consistent with the various methods permitted under the Uniform Guidance. Given the broad flexibility that recipients have in selecting eligible uses and the broad variety of potential subrecipients. Treasury believes that specifying a single method of advancement or reimbursement would add unnecessary administrative difficulty to program administration. Recipients may determine the optimal payment structure for the transfer of funds (e.g., advance payments, reimbursement basis, etc.) from recipients to subrecipients. Ultimately, recipients must comply with the eligible use requirements and any other applicable laws or requirements and are respanaible for the action. of their subrecipients. E. Administrative Expenses The interim final rule permitted, under the beading "(expenses to improve efficacy of public health or economic relief program use of funds for "laldromistrative costs associated with the recipient's COVID-19 public health emergency assistance programs, including services responding to the COVID-10 public health emergency or He negative economic impacts, that are not federally funded." Following release of the interim final rule, Treasury issued Compliance and Reporting Guidance that provided that "recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements. Farther, costs ..at be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CM 200.405, Pursuant to the SLFRF Award Terms and Cement. , recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs. Direct costs are those that are identified specifically as costa of implementing the SLFRF program objectives, such as contract support, materials, and supplies for a project. Indirect costs we general overhead costs of an organization where a portion of.uch costs are lsfcl allocable to the SLFRF award such as the cost of facilities or administrative functions like a director's office."a77 Several commenters "I US. CepMnwnt of the Trenmry, meeipienr CienPliance and Repmtin8 Reaponslbinder, an of November a. 2021; h11pa://A—...w,,e,/ pai,insuedvarormvwdosaddo a7 r.emre.I—) and-4iLerlg,verm„enn/rtmaund-lomlj'aml rman„aa 4436 Federal Register/Vol, 87, No. 18/Thursday, January 27, 2022/Rules and Regulations requested clarity on which administrative.. enses are permissible uses of funds and how recipients should structure administrative costs. In it,. final rule, Treasury is clarifying that direct and indirect administrative expenses are permissible uses of SLFRF funds and are a separate eligible use category from "lelxpenses to improve efficacy of public health or erhnomic relief programs," which refers to efforts to improve the effectiveness of public health and economic programs through use of data, evidence. and targeted consumer outreach. For details on permissible direct and indirect administrative costs, recipients should refer to Treasury's Compliance and Reporting Guidance.378 Costs incurred for die same propose in like circumstances must be treated consistently as either direct or indirect coats. F. Treatynmtof Loans The interim final rule allowed recipients to use SURF funds to make loans for uses that are otherwise eligible (for example, for .all business assistance). Subsequent guidance clarified how recipients must track and dispose of program income from loans, consistent with the statutory requirements for the timing of SURF expenditures. SURF funds must be used to cover "costs incurred" by the recipient between March 3, 2021 and December 31, 2024. The interim final rule provided that SURF funds must be obligated by December 31. 2024 and expended by December 31, 2026. In using SURF funds to make loans, recipients must be able to determine the amount of funds used to make a loan and must comply with restrictions on the timing of the use of funds and with restrictions in the Uniform Guidance. When SURF funds ere used a. the principal for loans, there is an exportation that a significant share of the loaned funds will be repaid. Thus, recipients may not simply consider the full amount of loaned fund. to be permanently expended and must appropriately account for the return of loaned fund.. For loans that mature or are forgiven on or before December 31, 2026. the recipient must account for the use of funds on a cash Bow basis, consistent with Treasury's guidance regarding 1. made by recipients using payments from the Coronavims Relief veery-fvndshecilror t-vomplmme vnd-reporting. xsponaieilities. old. Fund.328 Recipients may use SLFRF funds to fund the principal of the loan and in that case must track repayment of principal and interest (i.e., "program income," as defined under 2 CFR 200). When the loan is made, recipients most report the principal of the loan as an expense. Repayment of principal may be re- used only for oligible uses and is subject to restrictions on the liming of the we of funds. Interest payments received prior to the end of the period of performance will be considered we addition to the total award and maybe used for any purpose that is an eligible use of fiords under the statute and final role. Recipients are not subject to restrictions under 2 CFR 200.3071e)(1) with respect to such payments. For loans with maturities longer then December 31. 2026, the recipient must estimate the cost to the recipient of extending the loan over the life of the loan. In other words, at origination, the recipient most measure the projected cost of the loan and may use SURF funds for the projected cast of the loan. Recipients have two options for estimating this amount: They may cabinets the subsidy cost (i.e., net present value of estimated cash flows) or the dlscounted reah Bow under current expected credit losses (ia., CELL method). See further guidance issued by Treasury fro further explanation.380 Public Comment: Many commenters asked for further clarification on the treatment of loan. and the calculation of "costs incurred." Some commenters requested that grants made far eligible activities prior to December 31. 2024 to a revolving loan fund, an economic development corporation, a land bank, or a similar facility should be considered obligated end expended at the time of the grant. This would allow funds to be expended by the grantee beyond the covered period and for funds returned to the grantee to be re- invested in further uses outaide of the covered period. Treasury Response: The final rule maintains the treatment of loans from the interim final mle and subsea ent guidance, as discussed above. "this approach is consistent with the statutory requirement that funds be used for new incurred for eligible purposes by December 31. 2024 and is consistent •soCrvnavims Haler ",a Iv, Sales, Tnbg Wvvnmmn, and C rein lah ihle W19 Ce—un le, as FR el U.2. m See FAQ 9.1r. CcrvnavWa Sate and Lwl Fiscal Re—, Funds, rre wen, Adel Q'sntians, ae oI July 19. 202n hope// hwne ueesO,rgyV1e cez ww/rJs1SURPFAQ.P.if. with standard accounting pradices and the Uniform Guidance. G. Use offends for Match or Cost -Share Requirements As a general matter and as referenced in the SUal'tEMEWasly INFORMATION to the interim final rule, funds provided under one federal program may not be used by a recipient to meet the non- federal match or cost -share requirements of another federal proggrram. F.owever, Treasury has since determined that, consistent with this general principle and the requirements of the Uniform Guidance at 2 CFR 200.306(h)(5), the funds .,.liable under section. 602(c)(1)(C) and 603(C)(1)(C) of the Social Security Act for the provision of government services, up to the amount of the recipient's reduction in revenue due to the public health emergency, generally may be used to meet the non fail.. cost -share or matching requirements anther federal programs. Federal funds that constitute revenue sharing to state and local governments may generally be used to new con -federal match requirements.''' The broad eligible uses of the SLFRF foods available under section. 602(c)(1)(C) and 6133(c)(1)(C) of the Social Security Act, combined with the purpose of these previsions (which is to provide general fiscal assistance to governments facing revenue ]oases due to the public health emergency). dwomam ate that these funds are revenue sharing. They thus should generally be permitted to be used to meet the non-federal match and cost - sham requirements of other federal program.. As such, the SURF funds available for the provision of government services, up to the amount of the recipient's reduction in revenue due to the public health emergency, may be need to most the non-federal match requirements of the Drinking Water State Revolving Fund and Clean Water State Revolving Fund programs administered by the EPA, for exam a. Pursuant to 2 CFR 2W.306(b) of the Uniform Guidance, if funds are legally available to meet the match or cost - sham requirements hire agency's federal program, such awarding agency is required to accept such funds for the purpose of that progerm's match or cost - share requirements except in the circumstances enumerated in that section. The Office of Management and Budget has authority under 2 CFR eu See U S. Cueemmenl Amounlabuity OMm, Prineiplea vfFedemlAVlunPnnfions bw, nurd Fd➢ion, Volume n, p. 10A9. GA"b 3825P (February Elam, hwp lane ea,ullaesmoao aeon,Pee, Federal Register/Vol. 87. No. 18/Thursday, January 27, 2022/1gules and Regulations 4437 200.102 of the Uniform Guidance to issue waivers of this requirement on request of the relevant awarding agency. Analogous require mans and waiver authorities may be present in other regulations. If a recipient seeks to use SLFRF funds to satisfy match or cost - share requirements for a federal grant program, it should fast confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or costshamrequirement, and that there is no other statutory or regulatory impediment to using the SLFRF fonds for the match or cost -share requirement. Note that SLFRF funds may not be used as the nun -federal sham for purposes of a slate's Medicaid and CHIP programs because the Office of Management and Budget hea approved a we, as requested by the Centers for Medicare & Medicaid Services pursuant to 2 Cm 200.102 of the Uniform Guidance and related regulations. SLFRF funds beyond those that are available under auctions 602(c)(1J(C) or 603(c)(1)(C) of the Social Security Act for the provision of government services may not be used to meet the non-federal match or cost -sham requirements of other federal programs other than as specifically provided for by statute. For example, as discussed in other sections of this final rule, section 40900 of the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meal the non-federal match requirements of any authorized Bureau of Reclamation project, and section 60102 of the Infrastructure Investment and lobs Act provides that the SLFRF may be used to meet the non-federal match requirements of the broadband infrastructure program authorized under that section (see sections Water and Sewer Infrastructure and Broadband Infrastructure), H. Reporting The interim final rule established Treasury's authority to tolled information from recipients through requested reports and any additional requests for information. The interim ❑na] rule also provided Treasury flexibility to extend or accelerate reporting deadlines and to modify requested content for the Interim on territories, metropolitan cities, counties, and Tribal governments were required to submit one minim report and quarterly Project and Expenditure reports thereafter. Non -entitlement units of local government were not required to submit an interim report. States, territories, and metropolitan cities and counties with a population greater than 260,000 residents were also required to submit an annual Recovery Plan Performance Perlin Treasury. The Supplementary Information of the interim final rule provided guidance on the deadlines and content required for each type of report. Pabhc Comment: Treasury received many comments on the content and specific data elements required of program reporting. Some commented expressed enthusiasm for including particular details in reporting to promote transparency. Other commenters requested that Treasury streamline reporting requirements to avoid imposing undue administrative burdens and compliance costs. Many commenters requested further clarification on or amendments to particular elements of reporting content. Some commenters requested that reports and specific mporting elements be public, including a request for u public website with a number of programmatic data metrics about tare use of SLFRF funds. Some commenters sought clarification and guidance for using the reporting pored, which allows recipients to upload the required information, or requested user modifications to the portal. Finally, some commenters requested that Treasury provide example materials and reporting metrics to aid recipient mulmoandmg. Treasury Response: Since the publication ofthe interim final role, Treasury issued supplementary reporting guidance in the Compliance and Reporting Guidance and in the User Guide: Treasury's Portal for Recipient Reporting (User Guide].382 Treasury has addressed many of these comments in the Compliance and Reporting Guidance and User Guide and will continue to issue updated guidance prior to each reporting period clarifying any modifications to requested report content. Treasury notes that the interim final rule did not address the specific content and data elements required in reporting, the reporting portal or submission process, and the specific — us. IMpanmanl of Ne Tux"emi Pim, Cmnpllence and P rrfi ,g f e„p,meibiliriee. e: of Noaembm 5, 2021 Ia,vJZhomeaxnsuggov1 pd4nWi-shn vaur/oe and-lo fi-fi ae-loml. ndo,g-funsa6mnenr tcoannd-laml-fbup rury-Jul'rds/m'iyienf camp4anccand�mpwfing rexpms, form of reporting (e.g., example templates, machine readability); comments an these topics are outside the scope of the final rule and, as noted, are addressed instead in Compliance and Reporting Guidance. Reporting Deadlines Public Comment: Treasury received comments requesting various changes to reporting deadlines to ease compliance burdens. For example, Treasury received several comments requesting that Treasury delay early reporting deadlines for various reasons, including to align with the timeline for issuing a final rule and to allow for more time for recipients to determine SLFRp allocations. Commentary also requested changes to the immediacy of reporting, for example requesting that Treasury allow expenses to be reported with a lag instead of the quarter in which they were accrued or that reports be due W days after period close instead of 30 days after the close of a reporting period. Some commenters requested changes to the reporting frequency for example to report biannually rather than quarterly. Treasury Response: Treasury has clarified meaning deadlines in the deadline line also etigns with practices other federal programs. The discretion to extend or delay reporting deadlines. Administrative Costs for Reporting and Compliance Public Comment: Many commenters sought clarification about whether various administrative costs related to reporting and compliance were eligible uses of funds and asked for clarification an the limits of such use. Treasury Response: Treasury notes that administrative costs am generally allowable uses of SLFRF funds, including for reporting. For additional information on administrative expenses, please sm section Administrative F."penses under Program Adminietrotion Provisions. Uniform Guidance Public Comment: The SUPPLENEI1TARy INPDRYRTON of the interim final role clarified that SLFRF foods were generally subject to the provisions of the Uniform Administrative Requirements, Cast Principles, and Audit 4438 Federal Register/Val. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations Requirements for Federal Awards (2 L Remedeition and Recomiuma t authority and created ambiguity. Other CFR part 200)(the Uniform Guidance), Sections 602(e) and 603(e) of the commenters urged Treasury to establish including the cost principles and Social Security Act provide the .robust enforcement and compliance restrictions on general provisions for Secretary with the power to recoup progrm and process and advocated for selected items of cost. Treasury received "funds used in violation" of the Social the creation its whhstleblower many comments requesting clarification Security Act. The interim final rule mechanism or public complaint process about or modifications to the implemented these provisions by to allow public and private entities to applicability of the Uniform Guidance establishing a process for recoupment, report suspected misuses of funds. on various issues. For example, one commenter Treasury may identify hinds used in violation of the Social Security Act Finally,same commenters requested clarificano. regarding the process after requested that Treasury remove requirements expenditures funds based on information submitted by recipients including as part of reporting a violation is identified and becomes final. One commenter also asked to road. a be made in conformance with the Uniform Guidance,pparticularly in case requirements, as wall as information from other sourimaes if a potential allow recipients to amend reports deemed to contain ineligible expenses ofectmedilureareadeduringperivd from March 0. 2021 the release of the violation is identified, Treasury will provide the recipient an initial written and inform recipients how the agency intends to resolve instances where a use le other coteme nters final role, while commerested that Treasury raise notice of the amount subject to recoupment along with an explanation was later deemed unacceptable. Another commenter asked if recouped funds the single -audit threshold from $750,000 to $5 million. Commenters of such °mounts, A recipient then has 60 calendar days following receipt of could be released bock to the recipient. Commenters also expressed concern sought clarification on items such as: The applicability of the Uniform recoupment notice to submit a request for reconsideration containing any about Treasury's authority to recoup funds used in violation of the tax offset re use Guidance for funds that are for the information it believes supports its use Provision. Some commenters requested proision of overnmentso v if'y rifludicider a ryine., the applseli... of the of funds. Within 66 calendar days of receipt of the request for additional clarity a round when tax cuts would trigger Treasury's mcoupment cast principles provided in subpart E of the Uniform Guidance, the applicability reconsideration. the interim final rule provided that a recipient will receive a authority and the duration of Treasury's authority to seek recoupment of such of the procurement provisions of the Uniform Guidance, and requirements final notice of the Secretary's decision funds. for subrecipient reporting. to affirm, withdraw, or modify the escarpment notice. If the recipient did Treasr Res onse ry P Treasury Response: Recipients of SLFRF funds are subject to the not submit a request for reconsideration, The final rule largely preserves the process established in the interim final provisions of the Uniform Guidance (2 thannotice of recoupment would be deemed a final notice. A recipient rule but includes several adjustments to CFR pod 200) from the date of award to the and of the period of performance an would then be required t° repay any clarify caffein elements. Like the interim final rule, the first 31, 2026 unless otherwise amounts subject to recoupment within 120 calendar days of either the initial rule provides that, sitar an initial specified in this rule m program. p p gre specific guidance. Costs most follow the e notice, if the recipient fines `et determination is made that a recipient has used SLFRF funds in violation of requirements in 2 CFR 200 Subpart E, t request not request reconsideration, or the final recuastroonotice, recipient does the law, a recipient may submit a Cast Principles, including procurement standards. Recipients that receive an request reconsideration. imr. request for reconsideration concerning any amounts identified i a notice aggregateunt financial Public Comments provided a assistance in i given fiscal resr oldt exceeds the Single Audit threshold ace Treasury received several comments the process for recoupment For con.Ifrationient chooses ti seek consideration tee of b seek ft initial notice, the recipient must submit subject to the requirements in 2 CFR unless Subpart F, Audit Requirements, unless in instance, some commenters, including many Tribal governments, requested a request for reconsideration the fin atiul as provided under the final rule. Ba otherwise specified in progrem-specific additional time to file a request for recipient does no[ request guidance SLFRF funds transferred to reconsideration and submit repayment to ensure that small entities have the reconsideration, the initial notice that the recipient received will be deemed subrecipients are also subject to reporting and Uniform Guidance time necessary to carry out any logistical steps and consult with the final notice.386 Treasury has clarified that a recipient must invoke requirements. Additional information counsel Treasury was else asked to and exhaust the procedures available about the definition of subredidents is align its -.an process with Nat under section 35.10 of the final rule available in the section Distinguishing :at the Office of the Inspector General oIto prior to seeking judicial review of a Subeecipients versus Beneficiaries. Recipientsshouldr end other departmental adminisiretive recoupment decision. Consistent with details on Assistance Listing for details on the processes to resolve findings, decisions, and related timelines. One de Donations. Dan f . state orR) of or Social Sectioty Act, if. Security Act, ff t state or territory specific provisions of the Uniform Guidance that do note 1 to this PP➢ asked If required 's repay funds pursuant to the o program. The Assistance Listing is daytime limit daytimelimitfor repaymentwas based repayment ant was based then initial notice, rawer final Secretary's recoupmentealhount the may reduce the amount Additional chaavanges to compliay.nce changestocompliance and reporting de decisionissuedtes the etu . Secretary. payable payable tothe state or territory iae guidelines, including any a Several r the rec are expressed concern process, regarding Neonside second tstate o payment by the amount that the state a territory would Uniform Guidance requirements, requirements, will will be addressed in Compliance and arguing that s and deratiomencall atio relevant facts and repel, as meet. reqquthe final inyasreasury has In lied that, rule, Treasury has Reporting Guidance and the User Guide."° provided Treasury with too much with too derided that, if it identifies a potential Hr ld. ® Tesar, will ale. —id., the ex arts. pmvman.n.nn Ibaste. •^^Fmde subjen to recoupment enmot lets, be mtumed. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4439 violation sto it may request additional to ex edits or extend timelines in any only upon a reasoned determination information from a recipient before adjudication or pre -adjudication process that their benefits hatifv their costs initiating the recoupment process and, where necessary, provide written notice to the recipient along with au expplanation of such amounts potentially suhjed to recoupment. Furthermore, Treasury has also made clear that it retains the ability to expedite or extend maintained in the Final is is intended to provide with an adequate information regarding its uses of funds and provides flexibility for recipients to determine the information relayout to the particular fade and circumstances. It is Also flexible enough to elfin with other adjudication procedures in other ARIBA recovery programs administered by the Office of Recovery Programs at Treasury. As discussed above, the initial notice will provide recipients with an explanation of the identified potential violation in order to provide recipients with a meaningful opportunity to respond. Such initial notice will generally include information regarding the specific use of SLFRF funds and the source of such information.'°" This process also will allow the Secretary to lake into consideration the information provided by recipients, along with other relevant information, to ensure SLFRF funds ere used in a manner consistent with the Social Security Act. Finally, Treasury expects to work with recipients to support the use of SLFRF funds consistent with the law. For exam le, Treasury may request additional information from a recipient before initialing the recoupment process. In addition, Treasury may pursue other forms of reenediation and monitoring in conjunction with, or as an alternative to, recoupment'°" These efforts may include working with recipients to identify and substitute permissible uses of SLFRF funds or amending uses of SLFRF to. to comply with Applicable restrictions. Inrsepim to comments regarding the amount of time Picot ded to respond to an initial notice, the final rule clarifies that Treasury retains the ability '••Taeevry may addma pmenael vblatiom hand on information auhnJnea ham reapiems. either through quarterly repose or witreponed infoemaHon, and how other eanw al intomentioo ee Treawy do—. aecnnry and apse ryiah (e.g.. Pines , Meadvion submitted fine the public). '-"'Tray intends to watt with ert,miu to ywpon the uae aS. (code enoo sove wnh No pursuant to section 35.4(b) of the final role, although the general timelines set forth in the interim foal rule are maintained in the final rate. V. Regulatory Analyses Randall. Orders 12866 and 13563 Regulatory Impact Assessment This final role is a "significant regulatory action" under section 3(f) of Executive Order 12866 for the purposes of Executive Orders 12866 and 13563 because it is likely to have an annual effect on the economy of $100 million or more. As explained below, this regulation meets a substantial need: ensuring that recipients states, territories, Tribal governments, and local governments — of SLFRF Ponds fully understand the requirements and parameters of the program as set forth in the statute and deploy funds in a mariner that beat reflects Congress' intent to provide necessary relief to recipient governments adversely impaled by the COVID-19 public health emergency. Furthermore, as required by Executive Orders 12866 and 13563, Treasury has weighed the costs and benefits of this final rule and varying alternatives and has reasonably determined that the benefits of the final role to recipients and their communities far outweigh any costs. The rule has been reviewed by the Office of Management and Budget (DMA) in accordance with Executive Order12866. Executive Orders 12866 and 13563 Under Executive Order 12866, OMB must determine whether this regulatory action is "significant," cord therefore, subject to the requirements of the 12806 defines a significant regulatory action as an action likely to result in a rule that may, among other things, have an annual effect an the economy of $IM million or mare. This mla is likely to have an annual effect on the economy of $100 million or more, and therefore, it is subbed to review by OMB under explicitly reaffirms the principles, strodures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, section 1(b) of Executive Order 13563 requires that an agency: (1) Propose or adopt regulations burden on society, consistent with obtaining regulatory objectives taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that maxtmlze net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; end equity); (4) to the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adapt; and (5) identify and assess available alternatives to duect regulation, including providing economic incentives —such as user fees or marketable permits —to encourage the information that enables the public to make choices. Executive Order 13563 also requires an agency "to use the best available techniques to quantify anticipated present and future benefits and to as accurately as possible." OMB's Office of Information and Regulatory Affairs (OIRA) has emphasized that these techniques may include "identifying changing future compliance costs that might result from technological innovation or anticipated on the enalvsis that follows ..it final rule is consistent with the principles set forth in Executive Orders 12866 and 13563. This Regulatory, and exceed the costs. In choosing among alternative regulatory approaches, Treasury selected those approaches that would maximize net benefits. Need for Regulatory Action This final rule implements the $350 billion SLFRF program of the ARPA, which Congress passed to help states, territories, Trebel governments, and localities respond to the ongoing COVIO-19 public health emergency and its economic impacts. As the agency charged with execution of these programs. Treasury has concluded that this fiord role is mashed to ensure that recipients of SLFRF funds fully 4440 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations understand the requirements and parameters of the program as set forth in the statute and deploy funds in a manner that best reflects Congress' mandate for targeted fiscal relief. This final ode governs the use of $350 billion in grant funds from the federal government to states, territories, Tribal governments, and localities, generating a significant macroeconomic effect on the U.S. economy. Treasury has sought to implement the program in ways that anatomize its potential benefits while minimizing its costs. It has done so by: aiming to target relief in key areas according to the congressional mandate; offering clarity to states, territories, Tribal governments, and localities while maintaining their flexibility to respond to local needs; and limiting administrative burdens. Analysis of Benefits Relative to a pre -statutory baseline, the SLFRF funds provide a combined $350 billion to state, local, and Tribal governments for fiscal relief and support for cost. incurred responding to the COVID-19 pandemic. Treasury believes that this transfer will generate substantial additional economic activity, although given the flexibility accorded to redid its In the use of funds, it is not possible to precisely estimate the extent to which this will occur and the timing with which it will actor. Economic research has demonstrated that state time] relief is an economic exert a prolonged drag on the economic recovery, as occum defined in statute: strengthening the response to the COVID-19 public health emergency and its negative economic impacts; replacing lost revenue to ease fiscal pressure on state, local, and Tribal governments that might otherwise lead to harmful cutbacks in employment or government services; providing premium pay to essential workers; and making necessary investments in water, sewer, and broadband infrastructure. These benefits are achieved in the final rule through a broadly Flexible =•^Sur. e.&rwbnel Chodorow-Reich e� d.. Poes state Flrcdflelie/Uueirtq Aeerslom 1-rove lizwk,n-orealdan. free ens A„rencon Rx aulfltinvatmant AIAAmedun ecmamc loumel 11 -145 (2012) temp✓1dx.da.oer1 mraerlPclaain, rm See, eg.. Eft rid,sopvnma 218. approach that sets clear guidelines on eligible uses of SLFRF funds and provides stale, larval, and Tribal government officials discretion within those eligible uses to direct SLFRF hinds to areas of greatest need within their jurisdiction. While preserving recipients' overall flexibility, the final rule includes several provisions that implement statutory requirements and will help support use of SLFRF funds to achieve the intended henefits. Preserving flexibility for recipients not only serves an important public policy goal by allowing them to meet particularized and diverse needs of their local communities but also wilmocos the uses rule. In particular, eligible uses include hiring up to a pre -pandemic baseline that is adjusted for historic underinvestment in the public sector by allowing funds to be used to pay for payroll and roomed benefits associated with the recipient increasing its number of employees up to 7.5 percent above its pre -pandemic baseline. Eligible uses also include providing additional funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention incentives, and paying for ancillary administrative costs related to hiring. Treasury believes this expanded approach, relative to the interim final deliver services to Treasury the interim final o panaemrc. me su nv program as implemented by the fleet mle provides even greater flexibility to recipients for uses of funds in undwserve l communities, recognizing that pre- existing health and economic disparitias in these communities amplifted the impact of the pandemic there. In general, investments in improving health outcomes and economic opportunities provide high economic returns, so this approach is likely to achieve substantial new -term economic and public health benefits, in addition to the longer -term benefits arising from the allowable investments in water, sewer, and broadband infrastructure. The remainder of this section clarifies how Treasury's approach to key provisions in the final rule will contribute to greater realization of benefits from the program. Public Health and Negative Economic Impacts The eligible use category for responding to the public health end negative economic impacts of the pandemic covers a wide range of eligible uses of funds. Treasury addresses several key uses of funds I. this analysis, as well as ways that Treasury box structured this eligible use to minimize recipient adminisiative burden while also maintaining targeting tithe funding to entities that experienced negative impacts from the pandemic. Government Employment In order to bolster the government's ability to effectively administer services, the final rule allows for a broader set of eligible uses to restore and support public sector employment relative to the interim final pandemic levels, the final mis's inclusion of an upward adjustment factor recognizes that, as the population or economy of a jurisdiction grows over time, more workers are generally needed to effectively most responsibilities. It also provides recipients greater roam to employ funds toward building back the public sector workforce after years of chronic underinvestment since the Great Recession. Treasury arrived at the 7.5 percent adjustment factor through an analysis of data from the Bureau of Labor Statistics on state and [me] government employment and date from the Census Bureau on population to estimate the extent of underinvestment in the public sector since the onset of the Great Recession. While Treasury considered a range of methodologies and point estimates to set the adjustment factor, a 7.5 percent factor errs on the side of recipient flexibility. Treasury believes this adjustment enhances recipients' ability to identify and meet the particularized needs of their communities. Treasury also believes that the additional enumerated eligible uses for supporting the workforce provide recipients several means to help retain current workers, decreasing lumaver costs. Identifying Eligible Populations Treasury has provided several methods for recipients to identify households, populations, and communities eligible for services that respond to the public health and negative economic impacts of the pandemic. In general, these methods seek to provide recipients options to identify eligible populations with minimal administrative burden, while also maintaining targeting of the funds Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4441 to entities impacted by the pandemic. Recipients also retain flexibility to identify and serve other populations and entities that experienced pandemic impacts, ensuring that recipients can .at the particularized needs of their local communities. Defining Low and Moderate looms: To streamline the provision of funds relating to negative economic impacts .if lung from the pandemic, Treasury has created an eligibility standard making it easier for recipients to provide assistance to low- and moderate -income populations without needing to identify and document a specific negative economic impact. Populations falling under the definition of low income are presumed to have been disproportionately impacted by the pandemic, while those falling under the presumed to have been impacted by the pandemic. In addition, the final rule recognizes categorical eligibility for certain enumerated programs and populations if a recipient chooses to implement categorical eligibility when seveal options for eligibility standards determining who qualifies as low and moderate income. One option involved defining a household as low income or moderate income based only on FPG thresholds and could use levels lower than those selected. This option involved setting uniform thresholds throughout the country. A second option took a broader approach, defining a household as low income if it has (I) income at or below 185 percent of the FPG for the size of its household or (ii) income at or below ao pemnt of the AMI for its county and size of household. The option defined a household as moderate income if it has (I) income at or below 300 percent of the FPG for the size of its household or (til income at or below 65 percent of the AMI for its county and size of household. The combination of an FPG floor with AMI allows for a regional adjustment in areas with substantially higher costs and incomes. Finally, Treasury also considered a range of FPG and AMI thresholds above and below these levels. Treasurychose the second option. Treasury believe. that the higher FPG floor will ease administrative burdens by making more households presumptively eligible for funds meant to address negative economic impacts in a targeted manner. With respect to the low-income cutoff, 185 percent of the FPG for a family of four is $49,025, which is approximately the wage earnings for a two -gamer household where bath earners receive the median wage in occupations, such as waiters and waitresses and hotel clerks, that were heavily impacted by COVID-i 9. As such, this cutoff is likely to include more wmkere in industries heavily impacted by COVIO-19, who may be most likely to face disproportionate impacts of the pandemic, than a lower thenhold.a9z With respect to the moderataincome cutoff, many households with incomes between 200 percent and 300 percent of the FPG struggle with a lack of economic security, suggesting that 300 percent of the FPG was an appropriate cutoff for moderate income. Income governments —were disproportionately impacted. In the final rate, to further decrease administrative burden and enhance recipient flexibility, Treasury is allowing recipients to also presume drat low-income households were disproportionately impacted. Treasury anticipates that adding low-income households os a presumed eligible population will maintain targeting of fonds to populations and communities most likely to have experienced severe pandemic impacts, while providing a more flexible approach for recipients. Identifying Impacted Glasses: In the final rule, Treasury reiterated its stance in the interim final role allowing recipients to designate a class of households or mine entities as impacted or disproportionately impacted and Provide responsive services. After considered relatively d Is for both an FTIG and . higher -income workers, who generally experienced fewer economic impacts from the pandemic, would become presumed eligible for responsive services. Providing services to households that did not experience a negative economic impact, or experienced a relatively minimal impact, would provide much less benefit than serving households that 2perienced more severe impacts, ming the benefits of the SLFRF funds. In all, Treasury anticipates that these selected thresholds, combined with the regional adjustment, will allow cols and households with the need while also reducing a broader of die preexisting health, economic, and scend disparities that contributed to disproportionate pandemic impacts in certain communities and that addressing root causes of those di pact consmutes responding to the public health and negative economic impacts of the pandemic. To identify these communities and reduce administrative burden, Treasury allowed recipients to presume that certain populations —those in QGTs and those being served by Tribal "I Sar U.S. Bureau of le6m Slaliatics. oanpeliwal Eaploymmt and wage F timates. hap, ://wxw.bbgw/oealcanenr/ma�weben Uan v led Nwamber 9. 2021). serve must demonstrate that the designated class experienced negative economic impacts or meaningfully more severe approach maintains the requirement that entities served have to have experienced a negative economic impact, while simultaneously minimizing any administrative costs associated with meeting this requirement. Additional Imumerefail Uses The interim final rule enumerated eligible uses of SLFRF funds to serve both impacted and disproportionately impeded communities. For example, enumerated eligible uses to serve impeded communities included food assistance; rent. mortgage, or utility assistance; and counselling and legal aid to prevent eviction or homelessness. Examples of enumerated eligible uses to serve disproportionately impeded communities included f rm dimim, of lead paint or other lead hazards and housing vouchers and assistance relocating to neighborhoods with higher levels of economic opportunity. In the final role. Treasury had the option to retain, expand, or reduce enumerated eligible uses, or shift use eligibility between disproportionately impacted and impacted communities. Many 4442 Feder.] Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations public comments suggested potential expansions of uses, including shifting enumerated eligible uses for disproportionately impacted communities to serve a broader population of impacted communities. Taking these comments into account, Treasury generally tack this approach, in anticipation that the benefits of the program will increase while recipient administative costs in identifying and just fling non -enumerated uses of funds willecrease. Specifically, Treasury added enumerated eligible use. for impacted populations including paid sick. medical, or family leave; health meat nce..held!..; and services for the mdand ed and underbanked, on the basis that impacts of the pandemic that were broadly experienced by many communities would be addressed by these uses. Treasury also shifted some eligible uses, formerly restricted only to disproportionately impacted communities, to impacted communities. These uses included community violence intervention, assistance accessing or applying to public, benefit and services, affordable housing development, and service. to promote childcare and early teaming. These uses were shifted on the basis that the associated impacts of the pandemic were experienced by a broader population, and responses are, accordingly, eligible to benefit a broader that investments I. parks and Other public outdoor recreation spaces are ....rated eligible uses far disproportionately impacted communities. In including these new, Treasury took into account evidence on the social demand ... is of health, or the ways that social context, like the neighborhood built environment, impacts health outcomes, By taking a more holistic approach to public health, the final rule allows recipients to respond more broadly to factors that contributed W the pandemic's health impacts end more fully mitigate those health impacts. To balance administrative flexibility with a maintenance of focus on impacts of the pandemic. Treasury considered, but did not include, other proposed enumerated uses that did no/ respond to the impacts of the pandemic or responded to impacts that were not experienced generally across the country by many jurisdictions and populations. For example, Treasury did not include pollution romediation broadly, a proposed enumerated eligible use for disproportionately impacted communities, an the basis that associated projects would only respond to disproportionate impacts of the pandemic depending on the specific issue addressed. In sum,'Ileasury expanded enumerated eligible uses while retaining a focus on broadly experienced impacts of the pandemic. Treasury anticipates that this will give recipients further flexibility to presume eligibility and respond to pandemic impacts without increasing administrative burden. Capitol Expenditures: In the interim final rule, Treasury permitted funds to be used far a limited number of capital expenditures mostly related to the COVI0.19 public health response. This decision granted recipients some discretion W use SI.FRF funds to address COVID-19 prevention and mitigation through certain investments in equlpmenh real property, and facilities, which Treasury recognized as critical components of the public health response. In the final rule, Treasury considered maintaining the provisions in the interim feral rule or expanding allowable capital expenditures to provide recipients greater flexibility to puaue other capital investments that risk that recipients will undertake large expenditures that do not sufficiently address intended harms, or address harms in a less cosFeficlant manner than an alternative investment (e.g., a program or service), expending allowable capital expenditures would likely help fill critical gaps in rocipleni omi apse to the pandemic and provide equipment and facilities that generate benefits beyond SLFRF'a period of performance. To preserve flexibility while mitigating risks, the final role allows recipients to undertake an expended set of capital expenditures while requiring additional written juatifcations for projects with an expected total can at or over $1 million. Treasury believes this approach balances the implementation of appropriate risk -based compliance requirements and the provision of administrative convenience for smaller capital expenditues, while generally allowing recipients the flexibility In undertake a greater variety of responsive capital expenditures. Revenue Lass Revenue Loss Formula: In this final rule, Treasury's approach to revenue loss allows recipients to compute the extent of eduction in revenue by comparing actual revenue to a counterfactual trend representing what could have plausibly been expected to occur in the absence of the pandemic. The counterfactual trend begins with the last full fiscal year prior to the public health emergency (as required by statute) and projects forward with an annualized growth adjustment. Treasury ties made several adjustments in the final role to decrease administrative burden, reducing costs for recipients, while still accurately capturing reductions in revenue due to the pandemic. Under the interim final role, Treasury specified that recipients colonists revenue lose on a calendar year basis. In this final rule, Treasury is providing recipients the option to calculate revenue lass on a calendar year or fiscal year basis, which will allow recipients the administrative Flexibility to minimize administrative burdens based on the data available to them. 'Treasury's decision to inmrporste a growth adjustment into the calculation of revenue loss ensures that the formula more fully captures revenue shortfalls relative to recipients' pre -pandemic expectations. Recipients will have the opportunity to calculate revenue loss at recognizing that This option to recalculate revenue lass on an ongoing basis is intended to result in more support for recipients to avoid harmful cutbacks I. future year. In calculating revenue lose, recipients will look at general revenue in the aggregate, rather than on a source -by -source basis, given that recipients may have experienced offsetting changes in revenues across sources. The final rule also provides for removing the impact of tax incromine or decreasing chanties. conemea our are at Us ra me pandemic. from the calculation of revenue lass due to the public health emergency. Both of these components of Treasury's approach provide a mare accurate representation of the effect of the pandemic on overall revenues. Revenue Love Standard Allowance: In addition 10 largely preserving the formula to calculate revenue lass from the interim final rule, Treasury also added an alternative "standard allowance" option for the revenue loss calculation to this final role. Treasury's decision to elect to allow a fixed amount allow that can be used to fund "government services" allows recipients the flexibility to use minimal edministatie. rapacity on the calculation if desired. The decision also benefits recipients by allowing them to avoid expending administrative Federal Register/Vol. 87, No_18/Thursday, January 27, 2022/Rules and Regulations 4443 resources to determine how unique variations in revenue interact with the revenue loss formula. Premium Pay Per the ARPA statute, recipients have broad latitude to designate critical infrastructure sectors and make grants to third -party employers for the purpose of providing ppremium pay. While the final rule pmvid. significant flexibility to implement the statutory requirement that premium pay respond to essential workers, it requires recipients give written justification in the case that premium pay would increase a worker's annual pay above a certain threshold or is awarded to an individual whose mount Uy is already above that lhresho d. To set this threshold, Treasury analyzed data from the Bureau of Labor Statistics to determine a love] that would not require further justification for premium pay to the vast majority of essential workers, wet la requiring higher scrutiny for provision of premium pay to higher eamen who, even without premium pay, would likely have greater personal financial resources to cope with the effects of the pandemic. Alternatively, a recipient need not submit written justiBretion to Treasury if the worker receiving premium pay is eligible for overtime under the FLSA. Treasury believes this alternative, which I. an addition to the final rule, will give recipients more flexibility and will simplify application of the final rule ea employers, public and private, are already legallyy required to determine whether an employee is eligible for overtime pay under the FLSA. Treasury believes the threshold and overtime eligibility provision to the final rule strike the appropriate balance between preserving flexibility and helping encourage use of these resources to help those m greatest need. The final rule also requires that workers eligible for premium pay have regular in -person interactions or regular physical handling of Items that were also handled by others. This requirement will help encourage use of MI resources for those who have endured the had htened risk of 8 performing essential work. Water and Sewer Infrastructure In the interim final role, Treasury aligned eligible uses of funds for water and sew. infreatruclur, to those projects eligible to receive financial assistance through the DWSRF and CWSRF administered by the EPA. The benefits of this approach included giving recipients an existing list that would provide them clarity as well as flexibility in identifying eligible projects, particularly given the broad range of projects eligible uodor the CWSRF and DWSRF. The approach also ensured that projects would conform to vetted project types from a widely used program. Treasury received comments from recipients requesting additional project categories to be considered eligible, indicating a potential cost to maintaining alignment with the CWSRF and DWSRF. For the final role, Treasury has expanded eligibility to include eaveral additional project types beyond those covered by the CWSRF and "SRF. Treasury believes that expended eligibility will benefit recipients by allowing them additional Flexibility to pursue beneficiel projects, including project celegoriesihat support the Inn,of drinking water and the removal, amongemenl, and treatment of wastewater and stormwator. Additional stormwater management projects, private well infrastructure, additional projects that address lead in water, and certain dam and reservoir rehabilitation projects undertaken to address the provision of drinking water. A potential cost of this approach is that uses beyond the CSWRF and DWSRF may have less public guidance available to understand project eligibilities. However, Treasury anticipates that this eligibility expansion will provide a net benefit to recipients by allowing them to pwave projects relevant to their goals that were ineligible under the interim final role. The expansion to allow private well mbeemacture may also a(fecl the distributional impact of SLFRF. Private wells disproportionately serve rural Americans, including low -Income households, and expanding eligibility to include this use may allow SLFRF funds to benefit such households. While distributional impacts are uncertain, Treasury believes that the potential for benefits to gram, to must and low - Income households makes It important to clarify that these types of projects are eligible. Broadband Infrastructure In the final rule, Treasury expands investment invest in ' service to with an ®Fmhao me finot cola encomagw. bur doe. not equVm, Use motion, p no-bmedband inhe.Wtlum pmpere in locations not cumnny Treasury considered multiple alternatives when selecting this standard. The threshold for the interim final rule allowed benefits to accrue in a more targeted manner to the approximately 9 percent of the country with access to speeds under the 2513 Mbps threshold. -re However, since SLFRF funds are distributed to tens of thousands of governments across the country with a variety of broadband needs, Treasury believes that allowing recipients greater Flexibility to determine locations to some in their jurisdictions —including considering affordability and competition barriers — will lead to greater long-term public benefit. Further, given that many federal broadband grant programs are focused solely on unnerved and underserved areas, Treasury believes that the final rate's Flexibility enables these funds to fill an important role in the overall federal broadband landscape. In the final rule, Treasury also requires that broadband projects net meet a standard of reliably delivering at least 1U0 Mbps download speeds and upload speeds, or in rases where it is not practicable to do so, reliably delivering at least 100 Mbps download speed and between at least 20 Mbpa and 100 Mbps upload speed while being scalable to 100 Mbps upload and download ap¢ads. Treasury expects that [his threshold will yield long-term benefits and allow networks to meet both pandemic -related and future needs. The Federal Communications Commission (FCC) estimates that currently a household with two to three remote leamers using the internet simultaneously needs a connection supporting 100 Mbps download speeds.'°, While a lower threshold may have resulted in lower nearterm costs to build, it would have potentially constrained future utility from the infiestracture by producing infrastructure that would more quickly —potentially in the near-mrm— become obsolete and no longer meet household needs, potentially requiring sooner replacement and generally decreasing the return on investment As derood by a wimnne connmion thatrehably livam.11-11 0 Mops of d.—I.d q,e.d and 20 Mbpa naugoaa speed. "' Dam Pram the Fedeml Communlretlona Gvominion Aowe doa or diune Me, 9 W ,anent ofthe u a. populotion hul no avalable able or!tor beadtand pn—dm peoviding gmmr than 2n Mbpa download apeede and a Mbpa upload speed.. redmal eons anoxonm,a cnmmiwinn. Find eroWbmd Deployment, haps.11 bmadbvndm ,.ft,,xovGa1 are meaed May a, zo., ooe Soo Fodem I Communlution a rnmmuaus, I roadbond Spend Gu de, available at hnp.11 guide Donn o1mdO.obe ze Mal).dhmW-apaN. 4444 Federal Register/Vol. 87, No. 1Bl Thursday, January 27, 2022/Rules and Regulations such, projects meeting a lower threshold two payments separated by at least individuals mid communities with the could not be considered "necessary" twelve months, and the interim final greatest need. investment. to broadband role provided for split payments to a Analysis of Costs infrastructure, so Treasury has retained majority of states as well. As discussed the threshold from the interim final above, splitting payments ensures that This regulatory action will generate rule. red Tents can adapt spending place to administrative coals relative to a pre - Further, the final rule adds s evolving economic conditions and that statutory baseline, This includes, mouirement that recipients address the at laser some of the economic benefits chiep costs required to administer networks funded by SLFRF, either by requiring service providers that provide service to households to either participate in the FCC's Affordable Connectivity Program (ACT), or a broad - based affordability program with commensurate benefits. Treasury believes that this requirement will increase the number of customers that are able to take advantage of broadband infrastructure funded by SLPRF, increasing the effectiveness of funds in connecting households and businesses to high-speed internet that is critical to work, health, and education. Them is a potential that this requirement may marginally increase project costs for recipients and providers, but this impact is uncertain. given the varying business models and pricing structures of broadband projects and providers. Labor Standards In this Supplementary Information for the final Is, Treasury encaumgas recipients to ensure that capital expenditures to reepoad to the public health and negative economic impacts of the pandemic and water, sewer, and broadband projects use strong labor standards, including, for example, project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury believes that its encouragement of labor standards carries benefits because it will ensure that workers have access to stone also benefit from stronger ds due to the potential of skilled labor supply and minimize labor disputes and workplace injuries, which can result in costly disruptions to Erojects. Treasury assesses that these enefits will increase the economy and efficiency of infrastructure projects undertaken through SURF and will outweigh the potential for a marginal increase in labor costs. Splitting Payments to Recipients Treasury is required by statute to deliver funds to local governments in will be realized in 2022 or later. However, consistent with authorities granted to Treasury in the statute, Treasury recognizes that a subset of states with significant remaining elevation in the unemployment rate could face heightened additional near term needs to aid unemployed workers and stimulate the recovery. Therefore, for a subset of state governments. Treasury has provided fund. in one payment. Treasury believes that this approach strikes an appropriate balance between the general reasons to provide funds in two payments and the heightened additional near -[arm needs in specific orates. As discussed shove, Treasury set a threshold based an historical analysis of unemployment Mies in recessions. Reaching Undmameed Communities Finally, the final mle aims to promote and streamline the provision of assistance to individuals and communities in greatest need, particularly communities that have been historically underserved and have experienced disproportionate impacts of the COVI0.19 crisis. Targeting relief is in line with Executive Order 13985, "Advancing Racial Equity and Support for Undeserved Communities Through the Federal Government;" which laid out an Administration -wide priority to support "equity for all, including people of color and others who have been historically underserved. marginalized, and adversely affected by persistent poverty and inequality." To this and, the final mle enumerates a list of services that may be provided using SLFRF funds in disproportionately impacted communities, including low- income, areas, to address the more severe impacts of the ppandemic in these communities; establishes the characteristics of essential workers eligible for premium pay and encouragement to some workers based an financial used; provides that recipients may use SLFRf funds to restore stet. and local workforce.. where women and people of color are disproportionately represented; and requires that broadband infrastructure projects participate in programs to support affordability of broadband service. Collectively, these provisions will promote use of resources to facilitate the provision of assistance to Y SLFRF funds, oversee subrecipients and beneficiaries, and file periodic reports with Treasury. It also requires states to allocate SLFRF funds to nonentillement units, which are smaller unite of local government that are statutorily required to receive their funds through slates. Treasury expece that the administrative burden associated with this program will be moderate for a grant program of its man. Treasury expects that many MCI Tents receive direct or indirect funding from federal government programs and that many have familiarity with how to administer and report on federal funds or grant funding provided by other entities. be particular, states, territories, and hege localities will have received funds from the Come vires Relief Food (CRF) and Treasury expects them to rely heavily Government Accountability Office and others that additions would improve the oversight of recipients' use of funds. To balance the oversight benefits with the costs of added reporting burdens, Treasury has incorporated other mechanisms to mitigate burden. For example, Treasury is "tiering" reporting requirements so that recipients that receive relatively leaver amounts of SLFRF funds are required to submit less frequent reports than recipients receiving greater amounts of funds. Treasury is noting administrative coats as a generally allowable use of SURF funds, which defrays administrative expanses to recipients that may be needed to comply with reporting requirements. Treasury has also provided options for recipients to use eligibility thresholds they are already familiar with during edmintstraiion of SURF funds, whirl will enable recipients to avoid the costs of setting up new programs and reporting mechanisms to meet reporting and compliance requirements. For example, Treasury has permitted recipients to use "categorical eligibility" when delivering assistance to pparticular groups, such as impacted or dispinportionately impacted households. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4445 In making implementation choices, Treasury has hosted numerous consultations with a diverse range of direct recipients —states, cities, emarties,and Tribalgavernments— - along with various communities across the United States, including those that are r nderserved. Furthermore, Treasury has made clear Voidance that SLUFF funds maybe used to cover certain expenses related to administering Kn itters established using SURF f[unds.'se Executive Order 13132 Executive Order 13132 (entitled Federmlism) prohibits an agency from publishing any rule that has federalism implications lithe rate either imposes substantial, direct compliance costs on stale, local, and Tribal governments, and is not required by statute, or preemppts state law, unless the agency merge the consultation and funding requirements of section 6 of the Executive Order. This Executive Under and does not impose substantial, direct compliance casts an slate, local, and Tribal governments or preempt state law within the meaning of the Executive Order. The compliance casts are imposed on state, local, and Tribal governments by sections 602 and 603 of the Social Security Act, as enacted by the ARPA. Notwithstanding the above, Treasury has engaged in efforts to consult and work cooperatively with affected state, local, and Tribal government officials and associations in the process of developing the interim final rule and this final role. Pumuant to the mquimments act forth in section Ole] of Executive Order 13132, Treasury certifies that it has complied with the roquirements of Executive Order 13132. Administrative Procedure Act The Administrative Procedure Act (APA), 5 U.S.C. 551 at seq., generally requires public notice and an opportunity for comment before a rule becomes effective. However, the APA provides that the requirements of 5 U S.C. 553 do not apply to the extent that them is involved .. , a matter relating to agency ... grants." The APA also provides an exception to ordinary noticeandcomm mt procedures "when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure themon are impracticable, unnecessary, or contrary to the public interest." 5 U.S.C. 553(b)(B). The interim final rule was issued without prior notice and comment procedures because it Implemented statutoryconditions on the eligible uses of SLFRF funds, and addressed the payment of those funds, the reporting an uses of funds, and potential consequences of ineligible uses to help address the economic and public health emergency. See the SUPPLE MTARY INFORMATION section of the May 17, 2021 interim final role for the applicability of the requirements of 5 U.S.C. 553. In addition, under the exception discussed in that section for matters relating to agency grants, the requirements of 5 U.S.C. 553 also do net apply to this final role. After careful consideration of the comments received, this final role adopts the May 17, 2021 interim final rule with the revisions discussed in this SUPPLEMENTARY INFORMATION. Congressional Review Act The Administrator of OIRA has determined that this is a major rule for purposes of Subtitle F. of the Small Business Regulatory Enforcement and Fairness Act of 1886 (also known as the Congressional Review Act or CRA) (5 U.S.C. 804(2) at sail). Under the CRA. a major rule generally may take effect no earlier than 60 days after the rule is published to the Federal Register. 5 U.S.C. 801(a)(3). Paperwork Reduction Act The information collections associated with the SLFRF program have base reviewed and approved by OMB pursuant to the Paperwork Reduction Act (44 U.S.C. Chapter 35) (PRA) and assigned control number 1505-0271. Under the PRA, an agency may net conduct or sponsor, and a respondent Is not required to respond to, an information collection unless it displays a valid OMB control number. Estimates of hourly burden under this program are set forth in the table below. Reporting Number respoMen Number responses Per respondent Taml responses Were Per response bu Can la been Cost to rmpondenla ass np pM haur'I Recipient Payment time ...... .... 51050 1 5,050 .25 (15 marries) .... 1,262.5 861,610 Acceptance of Award Times ..................... .......... 5,a50 1 5,050 25 (15 minutes) .... 1,262b 61.610 T81e VI Asgoas................................................ 51050 1 5.050 .50 (30 mines) .... 2,525 123.220 Tribal Employment IrHunrratlnn Farm ................... 504 1 584 .75 (45 minutes) .... Cie 21,3]4 Request for Extension Form ................................ 95 1 96 1 ............................ 96 4,685 Annual Recover, Plan Pedormarce Repod ........ 430 1 430 100 ....................... 43.000 2,09e,400 NEU Distinction Template ................................... 55 2 110 10 ............. ............ 1.100 53,680 Non-UGLG Distribution Template ._..................... 55 2 110 5 ............................ 550 26,e40 Transfer Forms ..................................................... 1.500 1 1500 1 .......... _................ 1,500 73,200 Peeled ant FxpenNaAE Repod ........__........_..... 3],000 1 37,000 15 ............................ 1 186noto 9,02e,000 54,8]0 .................... 59.9e0 ......................_....... 23fi.]35 11.552,619 Tgel......._..................................................... -Hursau M tabor Slanities, U.S. Deparment of labor, Omup dkxrrg DUUnok feedback, sacraments and Auditors, on the Memet at hays:// wwwds.gov/oohDualneasaM-NnanaeUaccounraMa-arMaudfors.hhn instead Merck 28. 202%ease wage of =89Rwur Inrreasetl by 44 Per. wet to aunt for Uw l loud employer cast of empbyas mnpensation (benefds, etc) for a ly loaded wage rate of lmo se. Regulatory Flexibility Analysis The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a proposed role, or a final rule pursuant to section 553(b) of the Admin istrafive Procedure Act an another law, the agency must proper. a regulatory flexibility analysis that masts the requirements of the RFA and 1-y-Cmmmvimr Stateand liml Flied azaj.ly it, zort hrfyfl/xomaarensarYB^vl Rnmvory Fundv fiqu®tly naked Dumnan410.2, rye J;uWi,,vSWH FAq,df. publish such analysis in the Federal Register. 5 U.S.C. 603, 604. Rules that are exempt from notice and comment under the APA or any other law are also exempt from the RFA 9996 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations requirements, including the requirement f3&3 Winiions. calculated by reference to the to conduct a regulatory Flexibility Baseline means lax revenue of the employer's payroll costa. analysis, when among other things the recipient for its fiscal year ending in Eligible employer means au employer agency for good cause finds that notice 2019, adjusted for inflation in each of an eligible worker who performs and public procedure are impracticable, reporting year using 0ae Bureau of essential work. unnecessary, or contrary to the public Economic Analysis's Implicit Price Eligible workere means workers interest Because this role is exempt Deflator for the goose domestic product needed to maintain continuity of from the notice and comment of the United States operations of essential critical requirements of the APA, Treamry is Capital expenditures has the same infrastructure sectors, including health not required to conduct a regulatory meaning given in 2 CFR 200.1. care; emergency response; sanitation, flexibility analysis. County means a county, parish, or disinfection, and cleaning work; other equivalent county division (as maintenance work; grocery stores, Rule Text defined byy the Census Bureau). restaurants, food production, and food rt List of Subjects in 31 CFR Pa35 Covered heneflts include, but are not deliverryy; pharmacy; biomedical limited to, the coats of all types of leave ressarrh; behavioral health work; Executive compensation, State and (vacation, family -related, sick military, medical testing and diagnostics; home - Local Governments. Tribal bereavement, sabbatical, jury duty), and community -based health care or Governments, Public health emergency. employee insurance (health, life, denial, assistance with activities of daily living; For the reasons slated in the vision), retirement (pensions, 401(k)), °°employment benefit plans (Federal family or childcare; social mnicas work; public health work; vital services preamble, the United States Department of the Treasury amends 31 CFR part 35 and State), workers compensation to Tribes; any work performed by an as follows: insurance, and Federal Insurance employee of a Stale, local, or Tribal Contributions Act taxes (which includes government; educational work school PART 35—PANDEMIC RELIEF Social Security and Medicare taxes). Covered change means a change to nutrition work, and other work required PROGRAMS law, regulation, or administrative to operate a school facility; laundry work. elaclions work; solid waste or to t. Revise Subpart A to read as follows: interpretation that reduces any tax (by providing for a reduction in a rate, a hazardous materials management Subpart A�ocoveryus Stale and rebate, a deduction, a credit, or response, and cleanup work; work requiring physical interaction with Local Fiscal Recovery Funds otherwise) or delayincrea the imposition la any tax or tax increegi la change in law patients; dental care work: Sec. includes any final legislative transportation and warehousing; work el hotel and commercial lodging facilities 35.Purpose. regulatory action, a new or changed that are used for COVI0.19 mitigation 35.2 Appinature.... administrative the and containment; work a mortuary; 35a Definitions. atim authouty, reponin8. orinterpretation, statute phase in th taking effect of any statute or ruleif the taking effect is and work in critical clinical research, 35.5 Useof35.4 funds.f poor thesnot prescribed prior to the alert Of development, and tasting necessary for CO1)Withresponse. 35.6 Eligible naea. 35.8 Pensions. overedsperiod the covered period. Covered period means, with respect m 1 With rea act to a reci tent that is O p P 35.8 Tax, 35.e. Compliance applicable laws. a state or territory, the period that (1) B ns on March 3, 2021; and o metropolitan city,, one only. entwor unit of local government, or countye workers t. 35.11 Rxnupment. s on the last day of the fiscal inanyadditional non-public sectors as 35.tt Payments to staaa. f s yearnsack State or territory year each chief executive officer of such 35.to Distributors to nrnwmitsofg unite of lord emment and unite aF ai gmnmenc Beaer owhich all fiords received by the State recipient may designate as -being) f protect the health and well-being the lord government u territory from a payment made under sectione02en e03ofded Social Security residents of their metropolitan city, y, Authority:92 U.S.C. ea210; 92 U.S.C. Art have been expended er retum¢d to, coin of local B03(6. or recovered Secretary. govemment, or county; or government, or g 35.1 Purpose. meths COV10.19 means the Corenavirus (2) With respect to a State, territory, Disease or Tribal overnment workers in an g y This part implements section D-19. COs public health emergency additional non-public sectors as each the American ubt le Rescue Plan Am (Subtitle the p means the period beginnings Jenuery Governor of State territory, each M Title IX Pub. L. illalS which 2$ 2020 and lasing until the era ea Tribal government may designate to Tire amends Title.8 of the Social Security e termination of the national emergency eas l critical to protect the health and well - Act U.S.C. at by the concerning the (n outbreak being of the residents of Scale. establish to establish the ion d 6 to es sections 602 end 6Fiscal declared to the National pursuant to the ertheir territory, or Tribal government. State Fia Fund i Emergencies Act (50 U.S.C. 1601 of TiesAd( Essential work means work that and Covious l Fiscal and Coronavhva Local Fiscal Recovery aeDe (1) is not performed while Ptmd. Deposit means an extraordinary teleworking from o residence; and payment of an accrued, unfunded (2)Involves: 535.2 Applicability, liability. The term deposit does not relay (i) Regular in -person interactions with This part applies to states, territories, to routine contributions made by an patients, the public, or coworkers of the Tribal governments, metropolitan cities, employer to pension funds as part of the individual that is performing the work: nonentitlement units of local employer's obligations related to or government, counties, and units of payroll, such as either a pension (ii) Regular physical handling of items general local government that accept a contribution consisting of a normal cost that were handled by, or am to be payment or transfer of funds made component related to current employees handled by patients, the public, or under section 602 or 603 of the Social or is component addressing the coworkers of the individual that is Security Act. amortization of unfunded liabilities performing the work. Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4447 Funds means, with respect to a recipient, amounts provided to the recipient pursuant to a payment made under section 602(b) or 603(b) of the Social Security Act or transferred to the recipient pursuant to section 693(c)(4) of the Social Security Act. General revenue means money that is received ham tax revenue, curtent charges, and miscellaneous general revenue, excluding refund. end other correcting "Mentions and pracceds from issuance of debt or the sale of nvestments, agency or private trust transactions, and intergovernmental transfere from the Federal Government, including transfers made pursuant to section 9901 of the American Rescue Plan Act. General revenue also includes revenue from liquor stores that are owned and operated by state and local governments. General revenue does not include revenues from utilities, except recipients may choose to include revenue from utilities that are part of their own government as general revenue provided the recipient does so consistently over the remainder of the period of performance. Revenue from Tribal business enterprise. must be included in general revenue. Intergovernmental transfers means money received from other governments, including grants and shared taxes, law-fre. household ma.,. a household with: (1) Income at or below 185 percent of the Federal Poverty Guidelines for the size of its household based on the poverty guidelines published most recently by the Department of Health and Human Services; or (2) Income at or below 40 percent of the Area Median Income for its county and size of household based on data published most recently by the Department of Housing and Urban Development. Micro -business means a small business that has five or fewer employees, one or more of whom owns the small business. Moderate -Income household means a household with: (1) Income at or below 300 percent of the Federal Poverty Guidelines for the size of its household based on poverty guidelines published most recently by the Department of Health and Human Services; or (2) Income at or below 65 percent of the Area Marian Income for its county and size of household based on data published most recently by the Department of Housing and Urban Development. Metropolitan city has the meaning given that term in section 102(a)(4) of the Housing and Community Development Ad of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.0 5306) for fiscal year 2021. Net reduction in total spending is measured as the State or territory's total spending for a given reporting year excluding its spending of funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis's Implicit Price Deflator for the gross domestic product of the United States for that reporting year. Nonentitlement unit of Imal government means. "city," as that farm Is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(5)), that is not a metropolitan city. Nonprofit means a nonprofit organization that is exempt from Federal income taxation end that is described in section 501(e)(3) or 501(c)(19) of the Internal Revenue Code. Obligation means an order placed for property and services and entering into contracts, subawards. and similar transactions that require paymeal. Pension fund means a defined bevaftt plan and does not include a defined contribution plan. Period of performance means the itme period described in § 35.5 during which a recipient may obligate and expend funds in accordance with sections 602(c)(1) sad 603(1)(1) of the Social Security Act and this subpart. Premium pay means an amount of up to $13 per ham that is paid to an eligible worker, in addition to wages or remuneration the eligible worker Otherwise receives, for all work performed by the eligible worker during the COVM-19 public health emergency. Such amount may not exceed $25,000 in total over the period of performance with respect to any single eligible worker. Premium pay may be awarded to non -hourly and part-time eligible workers performing essential work. Premium pay will be considered to be in addition to wages or remuneration the eligible worker otherwise receives if, se measured on an hourly rate, the premium pay is: (1) With regard to work that the eligible worker previously performed, pay and remuneration equal to the sum of all wages and remuneration previously received plus up to $13 per hour with no reduction, substitution, offset, or other diminishment of the eligible workers previous, current, or prospective wages or remuneration; or (2) With regard to work that the eligible worker continues to perform, Fey of up to $13 per hour that is in addition to the eligible worker's regular rate of wages or remuneration, with no reduction, substitution, offset, or other diminishment of the worker's current and prospective wages or remuneration. Qualified census treat has the aeme meaning given in 26 U.S.C. 42(d)(5)(13)(ii)(1). Recipient means a State, territory, Tribal government, metropolitan city, nonentitlement unit of local government, county, or unit climaxed local government that receives a payment made under section 602(b) or 603(b) of the Social Security Act or transfer pursuantm am, an 603(c)(4)of the Social Security Am. Reporting year means a single year or partial year within the covered period, aligned to the current fiscal year of the State or territory during the covered period. Secretary means the Secretary of the Treasury. State means each of the 50 States and the District of Columbia. Small business means a business concern or other organization that: (1) Has ao more then 500 employees or, if applicable, the sire standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and (2) Is a small business concern as defined in section 3 of the Small Basins. Act (15 U.S.C. 632). Tax revenue means revenue received from a compulsory contribution that is exacted by a government for public purposes excluding refunds and correction and, for purposes of § 35.8, intergovernmental transfers. Tax revenue does not include payments for a spad l privilege granted or service rendered, employee or employer assessments and contributions to finance retirement and social insurance trust systems, or special assessments to pay for capital improvements. Territory means the Commonwealth of Puerto Rico, the United States Virgin Title I eligible schools means schools eligible to receive aervices under section 1113 of Tftle 1, Part A of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6313), including schools served under section 1113(b)(1)(C) of that Act. Tribal enterprise means a business concern: 4448 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations (1) That is wholly owned by one or mom Tribal governments, or by a corporation that is wholly owned by one or more Tribal governments; or (2) That is owned in part by one or more Tribal governments. or by a corporation that is wholly owned by one or more Tribal governments, if all other owners are either United States citizens or small business reunions, as these terms are used and consistent with the definitions to 15 U.S.C. 657.@)(2)(D). Tribe] government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). Unemployment into means the U-3 unemployment rate provided by the Bureau of Labor Statistics as part of the Local Area Unemployment Statistics program, measured as total unemployment as a percentage of the civilian labor force. Unemployment trust fund means an unemployment trust fund established under section 904 of the Social Security Act (42 U.S.C. 1104). Unit ofgenerol local government has the meaning given to that term in section 102(a)(1) of the Housing and require for the administration of this section. In addition to regular reporting requirements, the Secretary may request other additional information as may be necessary or appropriate, including as may be necessary to prevent evasions of the requirements of this subpart. False statements or claims made to the Secretary may result to criminal, civil, or micamistratly. xSections, including Does, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy yet [able by law. §35.5 0seoffunds. (a) In general. A recipient may only use funds to cover costs incurred during the period beginning March 3. 2021, end ending December 31, 2024, for one or more of the purposes enumerated in sections 602(c)(1) and 603(c)(1) of the Social Security Act, as applicable, including those enumerated in § 35.6, subject to the restrictions set forth in sections 602(c)(2) and 603(p(2) of the Social Security Act, as applicable. (b) Costs incurred. A cast shall be considered to have been incurred for purpose. of paragraph (a) of this .action if the recipient has incurred an obligation with respect to such met by December 31, 2024. (c) Return of funds. A recipient must return any funds not obligated by December 31, 2024. A recipient must also return funds obligated by December Community Development Act of 1974 31, 2024 but not expended by December (42 U.S.C. 5302(a)(1)). 31. 2026, §35.4 Peservatoa of am eray, raoordrag. (a) Reservation of authority. Nothing in this pan shall limit the authority of the Secretary to take action to enforce conditions or violations of law, including actions necessary to prevent evasions of this subpart. (b) Fxtensions or accelerations of timing. The Secretary may extend or accelerate any deadline or compliance date of this part, including reporting requirements that implement this subpart, if the Secretary dimensions that such extension or acceleration is appropriate. In determining whether an extension or acceleration is appropriate, the Secretary will consider die period of time that would be extended or accelerated and how the modified timeline would facilitate compliance with this subpart. (c) Reporting and requests for other information. During the period of performance, recipients shall provide to the Secretary periodic reports providing detailed accounting of the uses of funds, modifications to a State or Territory's tax revenue son..., and such other information as the Secretary may §35.6 EIIgiblemme. (a) In general. Subject to §§ 35.2 and 35.8, a recipient may I.. fonds far one or more of the purposes described in paragraphs (b) through (f) of this section. (b[ Responding to the public health emergency or its negative economic impacts. A recipient may use funds to respond to the public health emergency or its negative economic impacts if the use meals the criteria provided in paragraph (b)(1) of this section or is enumerated in paragraph (b)(3) of the. section; provided that, in the case of a use of funds for a capital expenditure under paragraphs (b)(1) or (b)(3) of this or tars section. Treasury may moo articulate additional eligible programu services, or capital expenditures from time to time that satisfy the eligibility criteria of this paragraph (b), which shall be eligible under this paragraph (b). (1) Identifying eligible responses to the public health emergency or its negative economic impacts. (i) A program, service, or capital expenditure is eligible under this paragraph (bill) if a recipient inkimiftes a harm or impact to a beneficiary or class of beneficiaries caused or exacerbated by the public health emergency or its negative economic impacts and the program, service, or capital expenditure responds to such harm. HU A program, service, or capital expenditure responds to a harm or impact experienced by an identified benmficiary or close of beneficiaries Hit is reasonably designed to benefit the beneficiary or class of beneficiaries that experienced the harm or impact and is related and namma hly proportional to the extent and type of harm or impact experienced. (2) Identified harms! Presumptions of impacted and disproportionately impacted beneficiaries. A recipient may rely on the following presumptions to identify beneficiaries presumpptively impacted or disproportonalely Impacted by the public health emergency or its negative economic impacts for the purpose of pproviding a response under paragraph CH or (b)(3) of this section: (1) Households or ppopulations that experienced unemploymenq experienced inerms, food or housing Insecurity; qualify for the Children's Health Insurance Program (42 U.S.C. 139288 0 sag.), Childcare Subsidies through the Child Care and Development Fund Program (42 U.S.C. W57 et seq. and 42 U.S.C. 6181, or Medicaid (42 U.S.C. 13% at seg.); if funds are to be used for nflmdable housing programs, qualify for the National Housing Trust Fund (12 U.S.C. 4568) or the Home Investment partnerships Program (42 U.S.C. 12721 at seq.); if funds are to be used to address impacts of lost instructional time for students in kindergarten through twelfth grade, any student who did not I.. acmes to in -person instruction for a significant period of time; and low- and moderate -income households and populations am presumed to be Impacted by the public health emergency or its negative emergency the uses set communities, small businesses, end nonprofit organizations are presumed to be disproportionately impacted by the public health emergency or its negative economic impacts: (A) Households and populations residing in a qualified census tract; Federal Register/Vol. 87, No. IS/Thursday, January 27, 2022/Rules and Regulations 4449 households and populations receiving services provided by Tribal governments; households and populations residing in the territories; households and populations receiving services provided by territorial governments; low-income households and populations; households that qualify for Temporary Assistance for Nearly Families (42 U.S.C. 601 a<seq.), the Supplemental Nutrition Assistance Program (7 U.S.C. 2011 of seq.), Free and Reduced Price School Lunch and/ or Breakfast programs (42 U.S.C. 1751 et seq. and 42 U.S.C. 1773), Medicare Part D Low-income Subsidies (42 U.S.C. 1395w-114), Supplemental Security Income (42 U.S.C. 1381 at seg.), Hand Start (42 U.S.C. 9831 at seq.), Early Hard Start (42 U.S.C. 9831 an acef), the Special Supplements] Nutrition Program for Women. Infants, and Children (42 U.S.C. 1786), Section 8 Vouchers l42 U.S.C. 1437f), the Low - Income Home Energy Assistance Program (42 U.S.C. 8621 at will, Pell Great (20 U.S.C. 1070a), and, if SLFRF funds era to be used for services to address ed.catio.1 disparities, Title I eli ible schools; �B) Small businesses client. ig in a qualified census tract, operated by Tribal governments or on Tribal lands, or operating in the territories; and (C Nonprofit organizations operating in a qualified causes tract, operated by Tribal governments or on Tribal land., or operating in the territories. (3 Enumerated eligible uses: Responses prtsumadreasonably proportional. A recipient may use funds to respond to the public health emergency or its negative economic impacts on a beneficiary or class of beneficiaries for are or more of the following purposes unless such use is grossly disproportionate to the harm caused or exacerbated by the public health emergency or its negative economic impacts; (() Responding to the public health impacts of the public health emergency for urposes including: (�) COVID-19 mitigation end prevention in a manner that is consistent with recommendations and guidance from the Centers for Disease Control and Prevention, including vaccination programs and incentives; testing programs: contact Vadng; isolation Rod quarantine; mitigation and prevention practices in congregam settings; acquisition and distribution of medical equipment for prevention and treatment of COVID-19. including personal protective equipment; COVID- 19 prevention and treatment expenses far public hospitals or health care facilities, including temporary medical facilities: establishing or enhancing public health data systems; installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities; and assistance to small businesses, nonprofits, or impacted industries to implement o lrr'ggation measures; m(BI Medical expenses related to testing and treating COVII119 that are provided in a manner contention with recommendations and guidance from the Centers for Disease Control and Prevention, including emergency medical response expenses, treatment of long-term symptoms or effects of COVID-19. and costs to medical provider: or to individuals for testing or treating COVID-19; (C) Behavioral health care, including prevention, treatment, emergency or first -responder programs, harm reduction, supports for long-term recovery, and behavioral health facilities and equipment; and (D) Preventing and responding to increased violence resulting form the public health emergency, including community violence intervention programs, or responding to increased gun violence resulting from the public health emergency, including payroll and a .... d benefits associated with community policing strategies; enforcement efforts to reduce Run for needs; and assistance (2) Paid sick, medical, or family leave programs, or assistance to expand access to health insurance; (3)Childca e, early learning services, home visiting, or assistance for child welfare -involved families or foster youth Programs to address the impacts of lost instructional time for students in kindergarten through twelfth grade; (5) Development, repair, and operation of affordable housing end services or programs to increase long- term housing security; (6)Finandal services that facilitate the delivery of Federal. State, or local benefits for unbanked and underbenked individuals; (7) Benefits for the surviving family members of individuals who have died from COVID-19, including cash assistance to surviving spouses or dependents of individuals who died of COVID-l9; (8) Assistance for individuals who want and are available for work, including those who am unemployed, June looked for work aromatme to the past 12 months, who are employed part time but who want and are, available for full-time work, or who are employed but seeking a position with greater opportunities for economic advancemen; (9) Facilities and equipment related to the provision of services to households (10) The following expenses related to Unemployment Trust Funds: (i) Contributions to a recipient Unemployment Trust Fund and repayment of principal amounts due on advances received under Title XII of the Social Security Act (42 U.S.C. 1321) up to an amount equal to the difference between the balance in the recipient's Unemployment Trust Fund as of January 27. 2020 and the balance of such account az of May 17, 2021 plus the principal amount outstanding as of Me 17, 2021 on any advances received under Title XB of the Social Security Ad between January 27, 2020 and May 17, 2021; provided that if a recipient repay. principal on Title XII advances or makes a contribution to an Unemployment Trust Fund after April 1, 2022, such recipient shall not reduce everegs weekly benefit amounts or maximum benefit entitlements prior to December 31. 2024; and (it) Any interest due on each advances mceived under Title XII of the Social Security Act (42 U.S.C. 13211; and (11)A program, service, capital expenditure, or uther assistance that is provided to a disproportionately impacted household, population, or community, including: fi) Services to address health disparities of the disproportionately impacted household, population, or community; OV Housing vouchers and relocation Resistance; (fill Investments In communities to promote improved health outcomes and public safety such as parks, recreation facilities, and programs that increase access to healthy foods; (iv) Capital expenditures and other services to address vacant or abandoned Properties; (v) Services to address eduantimad disparities; and (vi) Facilities and equipment related to the provision of these services to the disproportionately impacted household, population, or community. 4450 Federal Register/Vol. 87, No. ID/Thursday, )emery 27, 2022/Rules and Regulations (B) Assistance to small businesses, capital expenditures, including support provided that funds shall only he used including: for payroll costs and covered benefits for additional budgeted full-time (1) Programs, services. or capital for employees, compensating relearning equivalent employees above the expenditures that respond to the employees, support for operations and recipient's number of budgeted full-time negative economic impacts of the maintenance of existing equipment and equivalent employees as of March 3, COVID-19 public health emergency, facilities, and technical assistance; and 2021; including loans or grants to mitigate (E) Expenses to support public sector (3) Casts to improve the design and financial hardship such as declines in capacity and workforce, including execution of programs responding to the revenues or impacts of periods of (1) Payroll and covered benefit COVID-19 pandemic and to administer business closure, or providing technical expenses for public safety, public or improve the eff.cy of programs assistance; and health, health care, human services, and addressing the public health emergency (2) A program, service, capital similar employees to the extent that the or its negative economic impacts; and expenditure, or other assistance that employee's time is spent mitigating or (4) Costs associated with addressing responds to disproportionately responding to the COVID-19 public administrative needs of recipient impacted smell businesses, including health emergency; governments that were caused or rehabilitation ofrommoci.] properties; (2) Payroll, covered benefit, and other exacerbated by the pandemic. storefront end bgade improvements; costs associated with programs or (41 Capital expenditures. A recipient. technical assistance, business services to support the public sector other than a Tribal government, must incubators, and grants for start-ups or workforce and with the recipient: prepare a written justification for certain expansion costs for small businesses; (i) Hiring or rehiring staff to fill capital expenditures according to Table and programs or services to support budgeted full -lime equivalent positions 1 to paragraph (b)(4) of this section. micro -businesses, that existed on January 27, 2020 but that Such written justification must include (C) Assistance to nonprofit were unfilled or eliminated as of March the following elements: organizations including programs, 3, 2021; or (i) Describe the harm or need to be services, or capital expenditures, (ii) Increasing line number of its addressed; including loans or grants to mitigate budgeted full-time equivalent (ii)Explain why a ®pilot expenditure financial hardship such as declines in employees by up to the difference is appropriate; and venues or increased costa, or technical between the number of its budgeted full- (iii) Compare the proposed capital assistance; time equi .lard employees on January expenditure to at least two alternative (D) Assistance to murism, travel, 27, 2020, multiplied by 1.075, and the capital expenditures and demonstrate hospitality, and other impacted number of its budgeted full-time why the proposed capital expenditure is industries for programs. services, or equivalent employees on March 3, 2021, superior. TABLE 1 TO PARAGRAPH (b)(4) a a project has Mal expected and Me use a gummed in (b)(3). Men and the use is not emu a mled in (b)(3), then omilal expenditures of Less than $1 millicn ........................ No Writes Justli1.Wn required ............................... No tension Justification required. Greater than or equal to $1 million, Women Juslieration requked but recipients am nd Wntlen JusMlratipn required and recipients must that less Man $10 million, required to submit ee part W regular soorinq to submit as pad of regular reporting to Treasury. Treasury. $10 rndlbn or mom ......................... veneen Justification requlmtl and recipients must submit as part of regular moping to Treasur,, workers who perform essential work, provided that any premium pay or grants provided under this paragraph (c) must resound to elieible workers performing essential work during the COVID-19 public.. health emergency. A recipient uses premium pay or grants provided under this paragraph (c) to respond to eligible workers performing essential work during the COVID-19 public health emergency if, (1) The eligible worker's total wages and re ncragedon, including the premium pay, is less than or equal to 150 percent of the greater clench eligible worker's residing State'. or county's average annual wage for all occupations ab defined by the Bureau of Labor Statistic Occupational Employment and Wage Statistic.; (2) The eligible worker is not exempt from the Fair Labor Standards Act overtime provisions (29 U.S.C. 207); or, (3) The recipient he. submitted to the Secretary a written justification that explains how providing premium pay to the eligible worker is responsive to the eligible worker performing essential work during the COVID-19 public health emergency (such as a descripiton of the eligible workers' duties, health, or financial risks faced due to COVID-19, and by the recipient determined that the premium pay was responsive despite the worker's higher income). (d) Providing government aerobics. A recipient may use funds for the prevision of government services to the extent of the reduction in the recipient's general revenue due to the public health emergency, calculated according to this paragraph (d). A recipient ..at make a one-time election to calculate the amount ofthe reduction in the recipient's general revenue due to the public health emergency according to either paragraph (d)(1) or (d(2) of this section: (1) Standard allowance. The reduction in the recipient's general revenue due to the public health emergency over the period of performance will be deemed to be ten million dollars; or (2) Formula. The reduction in the recipient's general revenue due to the public health emergency over the period f performance equals the sum of the reduction in revenue, calculated as of each date identified in paragraph (d)(2)(i) of this section and according to the formula in paragraph (d)(2)(f) of this section: Federal Regislm/Vol. 87, No. Ill/Thursday, January 27. 2022/Rules and Regulations 4451 (I) A recipient must make a one-time election to calculate the reduction in its ground revenue using information as of either (A) December 31, 2020. December 31, 2021, December 31, 2022, and December 31. 2023; or (B) The last day of each of the recipient's fiscal years ending in 2020, 2021, 2022, and 2023. Jill A reduction in a recipient's general revenue for each date identified in paragraph fd)(2)(1) of this section equals: Max flDose Year Revenue ` 11 a Growth Adjustmentl-Dall2)7-Actual General Revenue; 0) Where: (A) Base Year Revenue is the recipient's general revenue for the most recent full fiscal year prior to the COV 19 public health emergency; (B) Growth Adjustment is equal to the greater of 5.2 percent (or 0.=) and the recipient's average annual revenue growth over the three full fiscal years prior to the COVID-19 public health emergency; (C) n equals the number of months elapsed from the end of the base year to the calculation data; (D) Subscript t denotes the specific calculation date; and (E) Actual Geneml Revenue is a recipient's actual general revenue collected during the 12-month period ending an curb calculation date identified in paragraph (d)(2)(f) of this section, except: (1) For purposes of all calculation dales on or after April 1, 2022, in the case of any change made after January 6, 2022 to any law, regulation, or administrative interpretation that reduces any tax (by providing for a reduction in a rate, a rebate, a the reciWarn actresses the 12-month period ending en the calculation date relative to the amount of tax revenue that would have been collected in the absence of such change, the recipient must add to actual general revenue the amount of such decrease in tax revenue; (2) For purposes of any calculation dale on or after April 1, 2022. in the case of any change made after January 6, 2022 to any law, regulation, or administrative interpretation that increases any tax (by providing for an increase in a rate, the reduction of a rebate, a deduction, or a credit, in otherwise) or accelerates the imposition of any tax or tax increase and that the remprent assesses has had the erect of increasing the amount of tex revenue collected during the 12-month period ending on the calculation date relative to the amount of tax revenue that would have been collected in the absence of such change, the recipient must subtract from actual general mvenue the amount of such increase in tax revenue; (3) If the recipient makes a one-time election to adjust general revenue to reflect tax changes made during the period beginning on January 27, 2020 and ending on January 6, 2022. for purposes of each calculation date identified I. paragraph (d)(2)(i) of this section: (I) In the case of any change made during such prior period to any law, regulation, or administrative interpretation that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase and that the recipient assesses has had the effect of decreasing the amount of tex revenue cullecmd during the 12-mmul, period ending on the calculation date relative to the amount of lax revenue that would have been collected in the absence of such change, the recipient must add to actual general revenue the amount of each decrease in tax revenue; and (it) In the as of env thanes mad. reduction of a rebate, a deduction, or a credit, or otherwise) or accelerates the imposition of any tax or tax increase and that the recipient assesses has had the effect of increasing the amount of tax revenue collected during the 12- month period ending on the calculation data relative to the amount of tax revenue that would have been collected in the absence clench change, the recipient must subtract from actual general revenue the amount of such increase in tax revenue; and (4) With respect to any calculation dale during the period Jeannine on election in par, secure, the reef the adjustments (d)(3) ofthis ser such changes in period beginning on January 6, 2 ending on such calculation date. (a) Making necesecryinesiaments in water, sewer, and broadband inJmstructure. A recipient may use funds to make the following investments in water, sewer, and broadband infrastructure. (1) Wmrrandsawe.H.vestments�i) Clean Water State Revolving Fund project., Projects ar activities of the type that meet the eligibility requirement. of section 6031c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)); (it) Additional stationer r projects. Projects to manage, reduce, treat, or recapture stormwater or subsurface damage, water regardless of whether such projects would improve water quality If such projects would otherwise meet the eligibility requirements of section 603(c)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1383(e)(5)); (III) Drinking Water State Revolving Fund projecs. Projects or activities of the type [list meet the eligibility requirements of section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) as implemented by the regulations adopted by the Environmental Protection Agent (EPA) under 40 CFR 35.3520, provided that; (A) The recipient is not required to comply with the limitation under a0 CFR 35.3520(c)(2) to acquisitions of land from willing sellers or the prohibition under 40 CFR 35.3520(e)(6) on uses of funds for certain Tribal or acts; and (,) In the case of lead service line replacement projects, the recipient must replace the full length of the service line and may not replace only a partial portion of the service line. fa) Additional land remedfatum and household water quality testing. Projects or activities to address lead in drinking water or provide household water quality testing that are within the scope of the programs the EPA is authorized to establish under sections 1459A(b)(2), 1459B(b)(1), 1464(d)(2), and 1465 afthe Safe Drinking Water Act (42 U.S.C, (AJ In the case of lead service line replacement projects, the recipient must replace the full length of the service line and may not replace only a partial portion of the service line; and Ill) In the case of projects within the 'tr any Act, there or income all dng the served by I 022 a projects fn (e) Drin and line replacement king water projects to support increased population. Projects of the type that meet the eligibility requirements of 40 CFR 35.3520 other than the requirement of subparagraph 4452 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations (b)(1) of such regulation to address present or prevent future violations of healthbaseddrinking water standards, if the following conditions are met: (A) The project is needed to support increased population, with need assessed as of the time the project is undertaken; (B) The project is designed to support na more then a reasonable level of projected increased need, whether due to population growth or otherwise; C) The project is a cost-effective means for achieving the desired level of service; and (D) The project is projected to continue to provide an adequate level of drinking water over its estimated useful :habilitation of dams and reservoirs if e following conditions are met: (A) The project meets the qutrements of 90 CFR 35.3520 Other e pronounce on the [.firm of dams and reserve 35.3520(e)(1) and (3); and 35.3520(b)(1) that the project is needed to address present or prevent future violations of health -based drinking water standards, provided that if the Lem or reservoir project does not meet this requirement, the project must be needed to support increased population, with need assessed as of the time the project is undertaken, and the project must be projected to continue to provide an adequate level of drinking water over its estimated useful life; (B) The primary purpose of the data or reservoir is for drinking water supply; (C) The project is needed for the provision of drinking water supply, with need assessed as of the time the project is initiated; (D) The project is designed to support no more than a reasonable level of projected increased used, whether due toppulation growth or otherwise; and The project is a cost-effective means for achieving the desired lewd of service. (vii) Private wells. Rehabilitation of private wells, testing initiatives to identify contaminants in private wells, and treatment activities and remediation projects that address coma ruination in private wells, if the project meets the requirements of 40 CFR 35,3520 other than the limitation to certain eligigible systems under 40 CFR 35.3520(a). (2) Broadband fnvestment"l) General. Broadband infrastructure if the following conditions an met: (A) The broadband infrastructure is designed to provide service to households and businesses with an identified need, as determined by the recipient, fur such infrastructure: (B) The broadband infrastructure is designed to, upon completion: (1) Reliably meet or exceed symmetrical too Mbps download speed and upload speeds; or t2) In cases where it is not practicable, because of the excessive cost cities .ad geed and upload speeds: eliably meet or exceed 100 Mbps red speed and between at least 20 and 100 Mbps upload speed; and 3e scalable to a minimum of 100 download speed and 100 Mbps I speed; and the service provider for a to households is required, for as long as the SLFRF-funded broadband i rdaetructure is in use, by the recipient to: (I) Participate in the Federal Communications Commission's Affordable Connectivity Program (ACP) through the lifetime of the ACP; or (2) Otherwise provide access to 9 broad -based affordability program to low-income consumers no the proposed service area of the broadband infrastructure that provides benefits to households commensurate with those provided under the ACP through the lifetime of the ACP. (B) C},bemecuriiy infmstrudere investments. Cybemecurity, infrastructure investments that am designed to improve the reliability and resiliency of new and existing broadband infrastructure. Such investments may include the addition in randomization of network security hardware and software tools designed to strengthen cyharsecurity for the and - users of these networks. (1) Meeting the non federal matching requirements for Bureau of Reclamation projects. A recipient may use funds to meet the non-federal matching requirements of any authorized Bureau of Reclamation project. 135.7 Fanalona. A recipient (other than a Tribal government) may not use funds for deposit into any pension fund. §35.5 Tax. (a) Restriction. A State or Territory shell not use funds to either directly or indirectly offset a reduction in the net tax revenue of the State or Territory resulting from a covered change during the covered period. (b) Violation. Treasury will consider a State in Territory to have used funds to offset a m It ction in net tax revenue if, duringg a repong year: (1) to change. The Stale or Territory has made a covered change that, either based on a ro"enable statistical methodology to isolate the impact of the covered change in actual revenue or based on projections that use reasonable assumptions and do not incorporate the effects of macroeconomic growth to reduce or increase the projected Impact of the covered change, the Stale or Territory assesses has had or predicts to have the effect of reducing tax revenue relative to current law: (2) Rxcecds the de mfninds threshold. The aggregate amount of the measured or predicted reductions in lax revenue caused by covered changes identified under paragraph (b)(1) of this section, in the aggregate, exceeds 1 percent of the Slate's or Territory's baseline; (3) Reduction in net tax revenue. The State car Territory reports a reduction in net tax revenue, measured as the difference between actual tax revenue and the State's or Territory's baseline, each ineasanreit a. of the and of the repQorting year; and `4) Consideration of other changes. The aggregate amount of measured or predicted reductions in tax revenue caused by covered changes is greater than the sum of the following, in each rase, as calculated for the reporting year (i) The aggregate amount of the expected increases in tax revenue caused by one or more covered changes that, either based on a reasonable statistical methodology to isolate the impact of the coveted change in actual revenue or based on projections that use reasonable assumptions and do not incorporate the effects of macroeconomic growth to reduce or increase the projected impact of the covered change, the State or Territory assesses has had or predicts to have the effect of increasing tax revenue; and (ii) Reductions in spending, up to the amount of the State's or Territory's net reduction in total spending, that are in: (A) Departments, agencies, or authorities in which the State or Territory is not using food.; suit tB) Departments, agencies, or authorities In which the State or Territory is using funds, in an amount equal to the value of the spending cuts in those departments. agencies, or authorities, minus funds used. (c) Amount and ream as reduction cop. If a State ce Territory is considered to be in violation pursuant to paragraph (b) of this section, the amount used in Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4453 A olation of paragraph (a) of this section under paragraph (b) of this section. To 602(d)(1) of the Social Security Act that is eq al to the lesser of: f 1) The reduction in net tax revenue request inconsideration of any amounts suhjsct to recoupment, a recipient must is less than two percentage points above its unemployment rate in February of the State or Territory for the reporting submit to the Secretary a written request 2020, the Secretary will withhold 50 year, meant red as the difference between the State's or Territory's that lncladde (1) An explanation of why the percent of the amount officials allocated under section 602(b) of the Social baseline and its actual tax revenue, each recipient believes all or some of the Security AM to such State or territory measured as of the end of the reporting amount should not be subject to until at least May 10, 2022 and not mom year, and. (2) The aggregate amount oflhe encu mein and (2) A discussion of supporting than twelve months from the date such initial certification is provided to the reductions in lax revenues caused by mesons, along with any additional Secretary, covered changes identified in paragraph information. (b) Payment of wifhheld amours. in (b)(1) of this section, minus the sum of (a) Final amount subject to order to receive the amount withheld the amounts in identified in paragraphs reroupment. Unless the Secretary under paragraph (a) of this section, the (b)(4)(1) and 60 of this section. ex tends or accelerates the time period, Stale or Territory ..at submit io the §35.9 Complier with appocabb laws. within 60 calendar days of receipt of the recipient's request for inconsideration Secretary the fallowing information: (1) A certification, in the farm A recipient must comply with all other applicable. Federal autmas, provided pursuant to paragraph (it) of this section or the expiration of the provided by the Secretary, that such regulations, and executive orders, and a period for requesting reconsideration State or Territory requires the payment to carry out the activities specified in recipient shall provide for compliance with the American Rescue Plan Act, this provided under paragraph (d), the recipient will be notified of the section 602(c) of the Social Security Act and will use the payment in compliance subpart, and any interpretive guidance by other parties in any agreements it Secretary's decision to affirm, withdraw, or modify the notice of recoupment. with section 602(c) of the Social Security Act; and enters into with other parties relating to these funds. Such notification will include an (2) Any reports required to be riled by explanation of the decision, including that date pursuant to this part that have §35.10 ReeoupmenL responses to the recipient's supporting not yet been filed. (a) Identification .f arid) In reasons and consideration of additional irdormalion provided. A recipient ..at §35.12 Ustributions to noit om matent general. Any amount ussaedd in violation of § 35.5, 35.6, or 35J may be identified nvoke and exhaust the procedures units of local government and units of general local government. at any time prior to December 31. 2026. available under this subpart prior to seeking judicial review of a decision (a) Nonentitlement units oflocal (2) Annual meaning of amounts of under § 35,10. government. Each State or Territory that violations. On an annual basis, a (f) Repayment officials. Unless the receives a payment from the Secretary recipient that is a State or territory must calculate and report any amounts used Secretary extends or accelerates the time period, a recipient shall repay to the pursuant to section 603(b)(2)(B) of the Social Security Act shall distribute the In violation of § 35.s. (b) Calculation of amounts subject to Secretary any amounts subject a recoupment in accordance with amount of the payment to nonentillement units of local recoup ant—(1) In geneml. Except as provided in (b)(2) of this instructions provided by the Secreary: government in such State or Territory in paragraph (1) Within 120 calendar days of accordance with the requirements set sect!., the Secretary will calculate any receipt of the notice of recouprmad forth in section 603(b)(2)(C) of the amounts subject to reroupment resulting from a violation of § 35.5. 35.6 provided under paragraph (cl of this vacua., in the case of a recipient that Social Security Act and without offsetting any debt owed by such or 35.7 as the amounts used in violation of such restrictions. does not submit a request for nomenlitlement units of local (2) Violations of §35.8. The Secretary reconsideration in accordance with tire governments against such Palestine. (b) Budget cap. A State or Territory will calculate any amounts subject to requirements of paragraph (it) of this section; or may not make a payment to a recoup rim resulting from a violation of (2) Within 120 calendar days of nonantitlement unit of local government § 35.8, equal to the lesser of: (i) The amount set forth Lr § 35.8(c); receipt of the Semetery s decision under paragraph (a, of this aectlon, in the case pursuant to section 603@)(2)(C) of the Social Security Act and paragraph hd of end, (if) The amount of funds received by of a recipient that submits a request for . reconsideration in accordance with the this section to excess of the amount equal to 25 percent of the most meant such recipient. (c) Initial notice. if the Secretary requirements of paragraph (it) of this section. budget for the nonentitlement unit of !.cal government as of lemony 27, 2020. calculates an amount subject to (g) Other remedial actions. Print to For purposes of this section 35.12, a recoupmenl under paragraph (b) of this seeking recouperenl or taking other nonantitlement unit of local section, Treasury will provide the recipient an initial written notice of the appropriate action pursuant to paragraph (c), (it), (a), or (1) of this govemment's most recent budget shall mean the nonentitlement unit of local amount subject with an explanation to recoupment along of such amounts. section, the Secretary may notify the recipient of potential violations and government's total annual budget, including both operating and capital (d) Request for reconsideration. Unless the Sensory extends or provide the recipient an opportunity far expenditure budgets, in affect as of informal convolution and maceration. January 27, 2020. A State or Territory calends days of receipt of an initial §35.11 Payments to liums. local government without a formal coffee of comil Bent provided under (a) In general. With respect to any budget as of January 27, 2020, to paragraph (cl of this section, a recipient Stale or Territory that has an provide a certification from an may submit a written request to the unemployment rate as of the dale that authorized officer of the ....filter. Secretary requesting reconsideration of it submits an initial certification for unit ofl.c.1 government of its most any amounts subject to recoupment payment of funds pursuant to section recent annual expenditures as of 4454 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations January 27, 2020, and a State ce distribute the amount of the payment to dialributions to nonentidemset units of Territory may rely on such certification units ofgeneral local government within local government or units of general for purposes of complying with this such county in accordance with the local government beyond those required section 35.12. requirementa set forth in section by section 603 of the Social Security Act (c) Units ofgeneml loco] government. 603(h)(3((11((ii) of the Social Security or this subpart. Each State or Territory that receives a Act and without offsetting any debt payment from the Secretaryry pursuant to owed by such units of general local I.Oh leibenlnft. section 603(b)(3)(B)(ii) oft Social government against such payments. a i'J'ReCoveryofficar. Security Act, in the case of an amount (d) Additional Conditions. A Slate or Ifs 0«. 2022-00292 filed 1- 6- 2: e,as eml to be paid to a County that is not a unit Territory may not place additional m, w CODE e of general local government, shall conditions or requirements on Compliance and Reporting Guidance e_, e Sepe ether 20, 2022 Version: SaY U S. DEM3tTMENT OF THE TREASURY Coronavirus State and Local Fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local Fiscal Recovery Funds ('SLFRF") program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses. In May 2021, Treasury published the interim final rule ("IFR") describing eligible and ineligible uses of SLFRF, as well as other program requirements. The initial versions of this Compliance and Reporting guidance reflected the IFR and its eligible use categories. On January 6, 2022, the U.S. Department of the Treasury ("Treasury") adopted the final rule implementing the SLFRF program. The final rule became effective on April 1, 2022. Prior to the final rule effective date, the IFR remained in effect; funds used consistently with the IFR while it was in effect were in compliance with the SLFRF program. However, recipients could choose to take advantage of the final rule's flebbilities and simplifications ahead of the effective date. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recov&Z Funds Interim Final Rule and Final Rule for more information on compliance with the IFR and the final rule. To support recipients in complying with the final rule, this reporting guidance reflects the final rule and provides additional detail and clarification for each recipient's compliance and reporting responsibilities under the SLFRF program, and should be read in concertwith the Award Terms and Conditions, the authorizing statute, the final rule. other program guidance including the Final Rule FAQS, and other regulatory and statutory requirements, including regulatory requirements under the gpun[e gnu [v[[ a�rnr l,gm DllanCe Jupplement Fleass ace me Assistance Listing In SAM.gov under assistance listing number (formerly known as CFDA number) 21.027 for more information. Please Note: This guidance document applies to the SLFRF program only and does not change or impact reporting and compliance requirements for the Coronavirus Relief Fund ("CRF') established by the CARES Act. This guidance includes two parts: Part 1: General Guidance This section provides an orientation to recipients' compliance responsibilities and Treasury's expectations and recommends best practices where appropriate under the SLFRF program. A. Key Principles........ ..................... ........................................ .................. P. 4 B. Statutory Eligible Uses.................. ....... ...... ............................................. P. 4 C. Treasury's Final Rule............................................................................ P. 5 D. Uniform Guidance (2 CFR Part 200)........................................................... P. 7 E. Award Terms and Conditions— .................................................................. P. 11 CoronaWms State antl Local Fiscal Recovery Funds Compliance and Reporting GuiOance U.S. UEPARTMENTOFTHFTREASURY Part 2: Reporting Requirements This section provides information on the reporting requirements for the SLFRF program. A. Interim Report...... :......... .............. .._........... .......................................... P.16 B. Project and Expenditure Report ................................................................. P. 17 C. Recovery Plan Performance Report.............................................. ............ .. P. 34 Appendix 1: Expenditure Categories................................................................... P. 42 Appendix 2: Evidenced -Based Intervention Additional Information ............................. P. 47 Appendix 3: Expenditure Categories under the Interim Final Rule.. ....... ................... P. 48 OMB Control Number: 1505-0271 OMB Expiration Date: 04/30/2025 7:17�:iriTN7l33�dR�51[i7`JSa5i3[aSiC�T-. The information collected will be used for the U.S. Government to process requests for support. The estimated burden for the collections of information included in this guidance is as follows: 30 minutes for Title VI Assurances, 2 hours per response for the Interim Report, 6 hours per response for the Project and Expenditure Report and 100 hours per response for the Recovery Plan Performance Report (if applicable). Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. Coronavims state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 3 H.S. DLIWI 1ENTOFTHETRFASURY Part 1: General Guidance This section provides an orientation on recipients' compliance responsibilities and Treasury's expectations and recommended best practices where appropriate under the SLFRF program. Recipients under the SLFRF program are the eligible entities identified in sections 602 and 603 of the Social Security Ad as added by section 9901 of the American Rescue Plan Act of 2021 (the "SLFRF statute) that receive an SLFRF award. Subrecipients under the SLFRF program are entities that receive a subaward from a recipient to carry out the purposes (program or project) of the SLFRF award on behalf of the recipient. Recipients are accountable to Treasury for oversight of their Subrecipients in accordance with 2 CFR 200.332, including ensuring their subrecipients comply with the SLFRF statute, SLFRF Award Terms and Conditions, Treasury's interim final rule and final rule, applicable federal statutes, regulations, and reporting requirements. A. Key Principles There are several guiding principles for developing your own effective compliance regimes: • Recipients and Subrecipients are the first line of defense and responsible for ensuring the SLFRF award funds are not used for ineligible purposes, and there is no fraud, waste, or abuse associated with their SLFRF award; • Many SLFRF-funded projects respond to the COVID-19 public health emergency and meet urgent community needs. Swift and effective implementation is vital, and recipients must balance facilitating simple and rapid program access widely across the community and maintaining a robust documentation and compliance regime; • Treasury encourages recipients to use SLFRF-funded projects to advance shared interests and promote equitable delivery of government benefits and opportunities to underserved communities, as outlined in Executive Order 13985 On Advancing Racial Equity and Support for Underserved Communities -f hrouah the Federal Government; and • Transparency and public accountability for SLFRF award funds and use of such funds are critical to upholding program integrity and trust in all levels of government, and SLFRF award funds should be managed consistent with Administration guidance per Memorandum M-212120 and Memorandum M-20-21. B. Statutory Eligible Uses As a recipient of an SLFRF award, your organization has substantial discretion to use the award funds in the ways that best suit the needs of your constituents — as long as such use fits into one of the following four statutory categories: 1. To respond to the COVID-19 public health emergency or its negative economic impacts; 2. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers of the recipient that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work; 3. For the provision of government services, to the extent of the reduction in revenue of such recipient due to the COVID-19 public health emergency, relative to revenues collected in the most recent full fiscal year of the recipient prior to the emergency; or 4. To make necessary investments in water, sewer, or broadband infrastructure. Treasury adopted an interim final rule in May 2021 and the final rule on January 6, 2022 to implement these eligible use categories and other restrictions on the use of funds under the SLFRF Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 115.O-na-1-1-1 igFA W program. The final rule took effect on April 1, 2022, and the interim final rule remained in effect until that time, although recipients could choose to take advantage of the final rule's flexibili ies and simplifications prior to April 1, 2022. Recipients may consult the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule for more information on compliance with the interim final rule and the final rule. It is the recipient's responsibility to ensure all SLFRF award funds are used in compliance with the program's requirements. In addition, recipients should be mindful of any additional compliance obligations that may apply — for example, additional restrictions imposed upon other sources of funds used in conjunction with SLFRF award funds, or statutes and regulations that may independently apply to water, broadband, and sewer infrastructure projects. Recipients should ensure they maintain proper documentation supporting determinations of costs and applicable compliance requirements, and how they have been satisfied as part of their award management, internal controls, and subrecipient oversight and management. C. Treasury's Final Rule Treasury's final rule details recipients' compliance responsibilities and provides additional information on eligible and restricted uses of SLFRF award funds and reporting requirements. 1. Eligible and Restricted Uses of SLFRF Funds. As described in the SLFRF statute and summarized above, there are four enumerated eligible uses of SLFRF award funds. As a recipient of an award under the SLFRF program, your organization is responsible for complying with requirements for the use of funds. In addition to determining a given projects eligibility, recipients are also responsible for determining subrecipient's or beneficiaries' eligibility, and must monitor subrecipients use of SLFRF award funds. To help recipients build a greater understanding of eligible uses, Treasury's final rule establishes a framework for determining whether a specific project would be eligible under the SLFRF program, including some helpful definitions. For example, Treasury's final rule establishes: • A framework for determining whether a project responds to the COVID-19 public health emergency or its negative economic impacts; • Definitions of "eligible employers," "essential work," "eligible workers; and "premium pay" for cases where premium pay is an eligible use; • The option to select between a standard amount of revenue loss or complete a full revenue loss calculation of revenue lost due to the COVIDA9 public health emergency; • A framework for necessary water and sewer infrastructure projects that aligns eligible uses with projects that are eligible under the Environmental protection Agency's Drinking Water and Clean Water State Revolving Funds along with certain additional projects, including a wider set of lead remediation and stormwater infrastructure projects and aid for residential wells; and • A framework for necessary broadband projects that allows for projects that are designed to provide service of sufficient speeds to eligible areas, as well as an affordability requirement for providers that provide service to households. Treasury's final rule also provides more information on important restrictions on use of SLFRF award funds, including that recipients other than Tribal governments may not deposit SLFRF funds into a pension fund; and recipients that are States or territories may not use SLFRF funds to offset a reduction in net tax revenue resulting from the recipient's change in law, regulation, or administrative interpretation. In addition, recipients may not use SLFRF funds directly to service debt, satisfy a judgment or settlement, or contribute to a "rainy day" fund. Recipients should refer to Treasury's final rule for more information on these restrictions. Coronavims State and Lxal Fiscal Recovery Funds Compliance and Reporting Guidance 0 V.S. CEPWNEMOFTHETRFASUW Treasury's final rule outlines that funds available under the "revenue loss" eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of the Social Security Act) generally may be used to meet the non-federal cost -share or matching requirements of other federal programs. However, the final rule notes that SLFRF funds may not be used as the non-federal share for purposes of a state's Medicaid and CHIP programs because the Office of Management and Budget ("OMB") has approved a waiver as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200,102 of the Uniform Guidance and related regulations. If a recipient seeks to use SLFRF funds to satisfy match or cost -share requirements for a federal grant program, it should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost -share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost -share requirement. SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost -share requirements of other federal programs, other than as specifically provided for by statute. For example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. 2. Eligible Costs Timeframe. Your organization, as a recipient of an SLFRF award, may use SLFRF funds to cover eligible costs that your organization incurred during the period that begins on March 3, 2021 and ends on December 31, 2024, as long as the award funds for the obligations incurred by December 31, 2024 are expended by December 31, 2026. Costs for projects incurred by the recipient State, territorial, local, or Tribal government prior to March 3, 2021 are not eligible, as provided for in Treasury's final rule. Recipients may, in certain circumstances, use SLFRF award funds for the eligible use categories described in Treasury's final rule for costs incurred prior to March 3, 2021, Specifically, a. Public Health/Negative Economic Imoacts: Recipients may use SLFRF award funds to provide assistance to households, small businesses, and nonprofits to respond to the public health emergency or negative economic impacts of the pandemic — such as rent, mortgage, or utility assistance— for costs incurred by the beneficiary (e.g., a household) prior to March 3, 2021, provided that the recipient State, territorial, local or Tribal government did not incur the cost of providing such assistance prior to March 3, 2021, b. Premium Pav: Recipients may provide premium pay retrospectively forwork performed at any time since the start of the COVID-19 public health emergency. Such premium pay must be 'in addition to" wages and remuneration already received and the obligation to provide such premium pay must not have been incurred by Me recipient prior to March 3, 2021. c. Revenue Loss: Recipients have broad discretion to use funds for the provision of government services to the extent of reduction in revenue. While calculation of lost revenue is based on the recipient's revenue in the last full fiscal year prior to the COVID-19 pudic health emergency, use of funds for government services must be forward looking for costs incurred by the recipient after March 3, 2021. d. Investments in Water Sewer. and Broadband: Recipients may use SLFRF award funds to make necessary investments in water, sewer, and broadband infrastructure. Recipients may use SLFRF award funds to cover costs incurred for eligible projects planned or started prior to March 3, 2021, provided that the project costs covered by the SLFRF award funds were incurred by the recipient after March 3, 2021. Any funds not obligated or expended for eligible uses by the timelines above must be returned to Treasury, including any unobligated or unexpended funds that have been provided to subrecipients and contractors as part of the award closeout process pursuant to 2 C. F.R. 200.344(d). For the purposes of determining expenditure eligibility, Treasury's final rule provides Caronavlrus Slate and Local Fiscal Recovery Finds Compliance and Reporting Guidance U.S. OEPAmMENT OF THE TREASURY that "incurred" means the recipient has incurred an obligation, which has the same meaning given to "financial obligation" in 2 CFR 200.1. 3. Reporting. Generally, recipients must submit one initial Interim Report, quarterly or annual Project and Expenditure reports which include subsward reporting, and in some cases annual Recovery Plan reports. Treasury's final rule and Part 2 of this guidance provide more detail around SLFRF reporting requirements. 4. Expenditure Categories. Treasury's final rule provides greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts, maintain vital services amid revenue shortfalls, and build a strong, resilient, and equitable recovery. As such, recipients report on a broader set of eligible uses and associated Expenditure Categories ("EC"), which began with the Apnl 2022 Project and Expenditure Report. Appendix 1 includes the new ECs, as well as a reference to previous ECs used for reporting under the interim final rule. Assistance Listing The Assistance Listing for the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) was published May 28, 2021 on SAM.gov under Assistance Listing Number ("ALN"), formerly known as CFDA Number, 21.027. The assistance listing includes helpful information including program purpose, statutory authority, eligibility requirements, and compliance requirements for recipients. The ALN is the unique 5-digit number assigned to identify federal assistance listing, and can be used to search for federal assistance program information, including funding opportunities, spending on USASpending.gov, or audit results through the Federal Audit Clearinghouse. To expedite payments and meet statutory timelines Treasury issued initial payments under an existing ALN, 21.019, assigned to the CRF. If you have already received funds or captured the initial number in your records, please update your systems and reporting to reflect the new ALN 21.027 for the SLFRF program. Recipients must use ALN 21.027 for all financial accounting, subawards, and associated program reporting requirements for the SLFRF awards. D. Uniform Administrative Requirements The SLFRF awards are generally subject to the requirements set forth in the Uniform Guidance. In all instances, your organization should review the Uniform Guidance requirements applicable to your organ¢ation's use of SLFRF funds, and SLFRF-funded projects. Additional details about applicability of certain provisions of the Uniform Guidance may be found in: • SLFRF final rule; • SLFRF Assistance Listing; and • SLFRF Final Rule FAQs, including FAQ 4.9. 10.1, and Section 13. The following sections provide a general summary of your organization's compliance responsibilities under applicable statutes and regulations, including the Uniform Guidance, as described in the most recent compliance supplement issued by OMB. Note that the descriptions below are only general summaries and all recipients and subrecipients are advised to carefully review the Uniform Guidance requirements and any additional regulatory and statutory requirements applicable to the program. 1. Allowable Activities. Each recipient should review program requirements, including Treasury's final rule and the recipient's Award Tens and Conditions, to determine and record eligible uses Coronavirus State antl Local Fiscal Recovery Funds Compliance and Reporting Guidance U.S. UEPMThIENTGF THE TRFPSUR! of SLFRF funds. Pert CFR Part 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute eligible uses of funds, and document determinations. Allowable CostslCost Principles. As outlined in the Uniform Guidance at 2 CFR Part 200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a recipient is responsible for the effective administration of Federal awards, application of sound management practices, and administration of Federal funds in a manner consistent with the program objectives and terms and conditions of the award. Recipients must implement robust internal controls and effective monitoring to ensure compliance with the Cost Principles, which are important for building trust and accountability. Please note that as outlined in Final Rule FAO 13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart E (Cost Principles) applies to recipients' use of funds in the revenue loss eligible use category. SLFRF funds may be, but are not required to be, used along with other funding sources for a given project Recipients should note that SLFRF funds available under the "revenue loss" eligible use category generally may be used to meet the non-federal cost -share or matching requirements of other federal programs. If a recipient seeks to use SLFRF funds to satisfy match or cost -share requirements for a federal grant program, the recipient should first confirm with the relevant awarding agency that no waiver has been granted for that program, that no other circumstances enumerated under 2 CFR 200.306(b) would limit the use of SLFRF funds to meet the match or cost -share requirement, and that there is no other statutory or regulatory impediment to using the SLFRF funds for the match or cost -share requirement. For instance, recipients should note that SLFRF funds may not be used as the non-federal share for purposes of a state's Medicaid and CHIP programs because the OMB has approved a waiver from this provision as requested by the Centers for Medicare & Medicaid Services pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations. SLFRF funds beyond those that are available under the revenue loss eligible use category may not be used to meet the non-federal match or cost -share requirements of other federal programs, other than as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act provides that SLFRF funds may be used to meet the non-federal match requirements of authorized Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult the final rule for further details if they seek to utilize SLFRF funds as a match for these projects. Treasury's final rule, program guidance, and the Uniform Guidance outline the types of costs that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a reasonably proportionate share of the costs of audits required by the Single Audit Act Amendments of 1996 are allowable; however, costs for audits that were not performed in accordance with 2 CFR Part 200, Subpart F and the Compliance Supplement are not allowable. Please see 2 CFR Part 200, Subpart E regarding the Cost Principles for more information. a. Administrative costs: Recipients may use funds for administering the SLFRF program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements.I Further, costs must be reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405. Pursuant to the SLFRF Award Terms and Conditions, recipients are permitted to charge both direct and indirect costs to their SLFRF award as administrative costs as long as they are accorded consistent treatment per 2 CFR 200.403. Direct costs are those that are identified specifically as costs of implementing the SLFRF program objectives, such as r Recipients also may use SLFRF funds directly for administrative costs to improve the design and execution of programs responding to the COVID-19 pandemic and to administer or improve the efficacy of programs addressing the public health emergency or its negative economic impacts. 31 CFR 35.6(b)(3)(ii)(E)(3). Coronavirus State and Local Fiscal Recovery Funds Compliance and Repor ing Guidance LLS. UEPM ENTCFTHETRWURY contract support, materials, and supplies for a project. Indirect costs are general overhead costs of an organization where a portion of such costs are allocable to the SLFRF award such as the cost of facilities or administrative functions like a director's office." Each category of cost should be treated consistently in like circumstances as direct or indirect, and recipients may not charge the same administrative costs to both direct and indirect cost categories, or to other programs. If a recipient has a current Negotiated Indirect Costs Rate Agreement ("NICRA") established with a Federal cognizant agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals, then the recipient may use its current NICRA. Alternatively, if the recipient does not have a NICRA, the recipient may elect to use the de minimis rate of 10 percent of the modified total direct costs pursuant to 2 CFR 200.414(f). b. Salaries and Expenses: In general, certain employees' wages, salaries, and covered benefits are an eligible use of SLFRF award funds. Please see Treasury's final rule for details. 3. Cash Management. SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury's implementing regulations at 31 CFR Part 205 or 2 CFR 200.305(b)(Ill As such, recipients can place funds in interest -bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for eligible uses under the SLFRF award. 4. Eligibility. Under this program, recipients are responsible for ensuring funds are used for eligible purposes. Generally, recipients must develop and implement policies and procedures, and retain records, to determine and monitor implementation of criteria for determining the eligibility of beneficiaries and/or subrecipients. Your organization, and if applicable, the subrecipient(s) administering a program on behalf of your organization, will need to maintain procedures for obtaining information evidencing a given beneficiary, subrecipient, or contractor's eligibility, including a valid SAM.gov registration (except with respect to individuals or households for which a SAM.gov registration is not required). Implementing risk -based due diligence for eligibility determinations is a best practice to augment your organization's existing controls. 5. Property Management Any purchase of real or personal property with SLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D, unless stated otherwise by Treasury. For example, as outlined in Final Rule FAQ 13.15, only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients' use of funds in the revenue loss eligible use category. Furthermore, as outlined in Final Rule FAQ 13.16, Treasury has clarified the use and disposition requirements for real and personal property, supplies, and equipment purchased with SLFRF funds. 6. Matching, Level of Effort, Earmarking. There are no matching, level of effort, or earmarking compliance responsibilities associated with the SLFRF award. See Section C.1 (Eligible and Restricted Uses of SLFRF Funds) for a discussion of restrictions on use of SLFRF funds. Please see 2. Allowable Costs/Cost Principles above for information on the use of SLFRF funds for non - Federal match or cost -sharing requirements in other Federal programs. 7. Period of Performance. Your organization should also develop and implement internal controls related to activities occurring outside the period of performance. All funds remain subject to statutory and regulatory requirements that they must be used for costs incurred by the recipient during the period that begins on March 3, 2021, and ends on December 31, 2024, and that award funds for the financial obligations incurred by December 31, 2024 must be expended by December r 2 CFR 200.413 Direct Costs. x 2 CFR 200.414 Indirect Costs. Coronavims State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 0 U.S.DEMRTMENTOFTHETREg W 31, 2026. Any funds not used must be returned to Treasury as part of the award closeout process pursuant to 2 C.F.R. 200.344(d). 8. Procurement, Suspension & Debarment. Recipients are responsible for ensuring that any procurement using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, unless stated otherwise by Treasury. As outlined in Final Rule FAG 13_15. only a subset of the Uniform Guidance requirements at 2 CFR Part 200 Subpart D (Post Federal Award Requirements) applies to recipients' use of funds in the revenue loss eligible use category. The procurement standards set forth in the Uniform Guidance at 2 CRF 200.317 through 2 CRF 200.327 are not included in Final Rule FAQ 13.15's list of applicable Subpart D requirements that apply to recipients' use of funds in the revenue loss eligible use category. The Uniform Guidance establishes in 2 CFR 200,319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for noncompetitive procurements only in certain circumstances. Recipients must have and use documented procurement procedures that are consistent with the standards outlined in 2 CFR 200.317 through 2 CFR 200.320. The Uniform Guidance, pursuant to 2 CFR 180, requires an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct and prohibitions on dealing with suspended or debarred parties. Your organization must ensure adherence to all applicable local, State, and federal procurement laws and regulations. 9. Program Income. Generally, program income includes, but is not limited to, income from fees for services performed, the use or rental of real or personal property acquired under Federal awards, and principal and interest on loans made with Federal award funds. Program income does not include interest earned on advances of Federal funds, rebates, credits, discounts, or interest on rebates, credits, ordiscounts. Recipients of SLFRF funds should calculate, document, and record the organization's program income. Additional controls that your organization should implement include written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records. The Uniform Guidance outlines the requirements that pertain to program income at 2 CFR 200.307. Treasury has clarified in its Final Rule FAQs that recipients may add program income to the Federal award. Any program income generated from SLFRF funds must be used for the purposes and under the conditions of the Federal award. Further, Final Rule FAQ 4.9 provides additional information about program income requirements applicable to certain eligible uses, and Final Rule FAQ 13.15 clarifies that only a subset of the Uniform Guidance requirements at 2 CFR 200 Subpart D (Post Federal Award Requirements) applies to recipients' use of funds in the revenue loss eligible use category. The list of applicable Subpart D requirements in Final Rule FAQ 13.15 does not include the program income requirements in 2 CFR 200.307. 10. Reporting. All recipients of federal funds must complete financial, performance, and compliance reporting as required and outlined in Part 2 of this guidance. Expenditures may be reported on a cash or accrual basis, as long as the methodology is disclosed and consistently applied. Reporting must be consistent with the definition of expenditures pursuant to 2 CFR 200.1. Your organization should appropriately maintain accounting records for compiling and reporting accurate, compliant financial data, in accordance with appropriate accounting standards and principles. In addition, where appropriate, your organization needs to establish controls to ensure completion and timely submission of all mandatory performance and/or compliance reporting. See Part 2 of this guidance for a full overview of recipient reporting responsibilities. Consolidated jurisdictions or other types of jurisdictions that received multiple SLFRF allocations Co .ruu,irus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 10 LLs. OEPAAW NTO THETRE RY (e.g., a county and city with a consolidated government) are only required to file once per reporting period, and such reports will cover the total SLFRF allocations received by the jurisdiction. This includes Non -entitlement units of local government ("NEUs") andfor Units of general local government located within counties that are not units of general local government. In addition, the total SLFRF allocations across all sources for a given jurisdiction will be used to identify that jurisdiction's Reporting Tier. It. Subrecipient Monitoring. SLFRF recipients that are pass -through entities as described under 2 CFR 200A are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass - through entities. First, your organization must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds. Next your organization will need to evaluate each subrecipient's risk of noncompliance based on a set of common factors. These risk assessments may include factors such as prior experience in managing Federal funds, previous audits, personnel, and policies or procedures for award execution and oversight. Ongoing monitoring ofany given Subrecipient should reflect its assessed nsk and include monitoring, identification of deficiencies, and follow-up to ensure appropriate remediation. Accordingly, your organization should develop written policies and procedures for subrecipient monitoring and risk assessment and maintain records of all award agreements identifying or otherwise documenting subrecipients' compliance obligations. Recipients should note that NEUs are not subrecipients under the SLFRF program. They are SLFRF recipients that report directly to Treasury. Recipients should also note that subrecipients do not include individuals and organizations that received SLFRF funds as end users. Such individuals and organizations are beneficiaries and not Subject to audit pursuant to the Single Audit Act and 2 C.F.R. Part 200, Subpart F. Many recipients may choose to provide a subaward or contract to other entities to provide services to other end users. For example, a recipient may provide a subaward to a nonprofit to provide homeless services to individuals experiencing homelessness. In this case, the subaward to a nonprofit is based on the services that the recipient intends to provide (assistance to households experiencing homelessness), and the nonprofit is serving as the subrecipient providing services on behalf of the recipient. Subrecipients are subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements, whereas contractors are not subject to an audit pursuant to the Single Audit Act and 2 CFR part 200, subpart F regarding audit requirements. Please note that as outlined in Final Rule FAO 13.14, recipients' use of funds in the revenue loss eligible use category does not give rise to submicipient relationships. As a result, subaward reporting is not required for projects in the revenue loss eligible use category. 12. Special Tests and Provisions. From time -to -time, Treasury may issue subregulatory guidance as well as frequently asked questions. Across each of the compliance requirements above, Treasury has described some best practices for development of internal controls in Table 1 below, with an example of each best practice. Coronavirus Stale and Local Fiscal Recovery Funds Compliance and Reporting Guidance U.S. oERiRMENTOF THE I REASunY Table 1: Internal controls best oractices Description Written policies and Formal documentation of Documented procedure for procedures recipient policies and determining worker eligibility procedures for premium pay Written standards of Formal statement of Documented code of conduct mission, values, principles, conduct / ethics for and professional standards subcontractors Risk -based due diligence Pre -payment validations Enhanced eligibility review conducted according to an of subrecipient with assessed level of risk imperfect performance history Risk -based compliance Ongoing validations Higher degree of monitoring monitoring conducted according to an for projects that have a assessed level of risk higher risk of fraud, given program characteristics Record maintenance and Creation and storage of Storage of all subrecipient retention financial and non -financial payment information. records. E. Award Terms and Conditions The Award Terms and Conditions of the SLFRF financial assistance agreement sets forth the compliance obligations for recipients pursuant to the SLFRF statute, the Uniform Guidance, Treasury's final rule, and applicable federal laws and regulations. Recipients should ensure they remain in compliance with all Award Terms and Conditions. These obligations include the following items in addition to those described above: 1. SAM.gov Requirements. All eligible recipients are required to have an active registration with the System for Award Management ("SAM") (hops.//www. sam.cov) pursuant to 2 CFR Part 25. To ensure timely receipt of funding, Treasury has stated that NEUs who have not previously registered with SAM.gov may do so after receipt of the award, but before the submission of mandatory reporting.' 2. Recordkeeping Requirements. Generally, your organization must maintain records and financial documents for five years after all funds have been expended or returned to Treasury, as outlined in paragraph 4.c. of the Award Terms and Conditions. Treasury may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. Your organization must agree to provide or make available such records to Treasury upon request, and to the Government Accountability Office ("GAO"), Treasury's Office of Inspector General ("OIG), and their authorized representative in order to conduct audits or other investigations. 3. Single Audit Requirements. Recipients and subrecipients that expend more than $750,000 in Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements.' Note that the Compliance Supplement provides information on the existing, important compliance requirements that the federal government expects to be considered as a part of such audit. For example, the SLFRF Compliance Supplement describes an alternative to the Single Audit for ^ See flexibility provided in haps:/Avww.whitehouse.govlwp-contenUuploads2021/03/M_21_20.pdf. a For -profit entities that receive SLFRF subawards are not subject to Single Audit requirements. However, they are subject to other audits as deemed necessary by authorized governmental entities, including Treasury and Treasury's DIG. Coronavirus Slate and Local Fiscal Recovery Funds Compliance and Reporting Guidance 12 U.S. OEP ENTOF THETHEASURY eligible recipients. Recipients should consult the Compliance Supplement for more information about the alternative compliance examination engagement. The Compliance Supplement is routinely updated, and is made available in the Federal Register and on OMB's website: httgs/lwww.whitehouse.gov/ombYoffice-federal-financial-management/ Recipients and subrecipients should consult the Federal Audit Clearinghouse to see examples of Single Audit submissions. 4. Civil Rights Compliance. Recipients of Federal financial assistance from She Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-i at seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 at seq., and the Department's implementing regulations, 31 CFR part 28: Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 at seq., and the Department implementing regulations at 31 CFR part 23. In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, Treasury wil I collect and review information from recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. Treasury's implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordinalion of Non-discrimination in Federally Assisled Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). Treasury may request that non -tribal recipients submit data for post -award compliance reviews, including information such as a narrative describing their Title VI compliance status. As explained in Treasury FAQ 12.1, the award terms and conditions for Treasury's pandemic recovery programs, including the SLFRF program, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law. Coronavirus Slate and Local Fiscal Recovery Funds Compliance and Reporting Guidance 13 US OEEWRTMENT OF THE TREASURY Part 2: Reporting Guidance There are three types of reporting requirements for the SLFRF program. The report requirements are approved and documented under OMB PRA number - OMB # 1505-0271, • Interim Report: Provide initial overview of status and uses of funding. This is a one-time report. See Section A, page 16. • Project and Expenditure Report: Report on projects funded, expenditures, and contracts and subawards equal to or greater than $50,000, and other information. See Section B, page 17. • Recovery Plan Performance Report: The Recovery Plan Performance Report (the "Recovery Plan") will provide information on the projects that large recipients are undertaking with program funding and how they plan to ensure program outcomes are achieved in an effective, efficient, and equitable manner. It will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury. The Recovery Plan will be posted on the website of the recipient as well as provided to Treasury. See Section C, page 26. The reporting threshold is based on the total award amount allocated by Treasury under the SLFRF program, not the funds received by the recipient as of the time of reporting. States and territories are also required to submit information on their distributions to NEUs. Please refer to Section D for additional details. Coronavirus Stats and Local Fiscal Recovery Funds Compliance and Reporting Guidance U.S. CEPPRiMENT OF THE iREASUFY Table 2: Re ortin re uirements bv minlent ne Project and Recovery Plan Tier Recipient Interim Report Expenditure Performance Report Report States, U.S. territories, By August 31, By January 31, By August 31, metropolitan cities and 2021 or 60 2022, and then the 2021 or 60 days counties with a days after last day of the after receiving 1 population that exceeds receiving month after the end funding, and 250,000 residents funding if of each quarter annually funding was thereafter thereafter by received by October 15, Note: NEUs were Jul 31 Metropolitan cities and Counties with a with not required to 2 population below expenditures by submit a Project 250,000 residents that category. and Expenditure are allocated more than Report on January $10 million in SLFRF Note: NEW 31, 2022. The first funding, and NEUs that were not reporting date for are allocated more than required to NEW was April 30, $10 million in SLFRF submit an 2022. funding Interim Report Tribal Governments that 3 are allocated more than $30 million in SLFRF funding Tribal Governments that By April 30, 2022, 4 are allocated less than and then annually $30 million in SLFRF thereafter fundin Metropolitan cities and counties with a 5 population below 250,000 residents that are allocated less than $10 million in SLFRF funding, and NEUs that are allocated less than $10 million in SLFRF funding Note: Based on the period of performance, reports will be collected through April 30, 2027. See the specific dates listed in Sections B and C. ue As mentioned above, the total SLFRF allocations across all sources for a given jurisdiction will be used to identify that jurisdiction's Reporting Tier, beginning in April of 2022. Treasury may reach out to jurisdictions to update Reporting Tiers. The remainder of this document describes these reporting requirements. User guides describing tow and where to submit required reports are posted at www.treasury.goy/SLFRPReportino and updated on a regular basis. Coronavirus state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 15 U.S. OERMTMENTOFTHETREASURY Comparison to reporting for the CRF This guidance does not change the reporting or compliance requirements pertaining to the CRF. Reporting and compliance requirements for the SLFRF are separate from CRF reporting requirements. Differences between CRF and SLFRF include: • Project, Expenditure, and Subaward Reporting: The SLFRF reporting requirements leverage the existing reporting regime used for CRF to foster continuity and provide many recipients with a familiar reporting mechanism. The data elements for the Project and Expenditure Report will largely mirror those used for CRF, with some minor exceptions noted in this guidance. The users' guide will describe how reporting for CRF funds will relate to reporting for the SLFRF. • Timing of Reports: CRF reports were due within 10 days of each calendar quarter end. For quarterly reporters, SLFRF reporting will be due the last day of the month following the end of the period covered. For annual reporters, SLFRF reporting will be due on an annual schedule (see table in Section B below). • Program and Performance Reporting: The CRF reporting did not include any program or performance reporting. To build public awareness and accountability and allow Treasury to monitor compliance with eligible uses, some program and performance reporting is required for SLFRF. A. Interim Report Note: The Interim Reports were submitted under the interim final rule. States, U.S. territories, metropolitan cities, counties, and Tribal governments were required to submit a one-time interim report with expenddures6 by Expenditure Category covering the period from March 3rd to July 31, 2021, by August 31, 2021 or sixty (60) days after first receiving funding if the recipient's date of award was between July 15, 2021 and October 15, 2021. The recipient was required to enter obligations' and expenditures and, for each, select the specific expenditure category from the available options. See Appendix 3 for Expenditure Categories applicable for the Interim Report. 1. Required Programmatic Data Recipients were also required to provide the following information if they had or planned to have expenditures in the following Expenditure Categories. a. Revenue replacement (EC 6.1•). Key inputs into the revenue replacement formula in the Interim Final Rule and estimated revenue loss due to the Covid-19 public health emergency calculated using the formula in the Interim Final Rule as of December 31, 2020. • Base year general revenue (e.g., revenue in the last full fiscal year prior to the public health emergency) • Fiscal year end date • Growth adjustment used (either 4.1 percent or average annual general revenue growth over 3 years prior to pandemic) • Actual general revenue as of the twelve months ended December 31, 2020 c For purposes of reporting in the SLFRF portal, an expenditure is the amount that has been incurred as a liability of the entity (the service has been rendered or the good has been delivered to the entity). T For purposes of reporting In the SLFRF portal, an obligation is an order placed for property and services, contracts and subawards made, and similar transactions that require payment. • See Appendix 3 for the full Expenditure Category (EC) list. Please note that Appendix 3 includes the expenditure categories under the interim final rule, applicable to the Interim Report. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 16 US DEPARWENTOFTHEMEASUPY • Estimated revenue loss due to the Covid-19 public health emergency as of December 31, 2020 • An explanation of tow revenue replacement funds were allocated to government services (Note: additional instructions was provided in the user guide) In calculating general revenue and the other items discussed above, recipients should have used audited data if it was available. When audited data was not available, recipients were not required to obtain audited data if substantially accurate figures could be produced on an unaudited basis. Recipients should have used their own data sources to calculate general revenue and did not need to rely on revenue data published by the Census Bureau. Treasury acknowledges that due to differences in timing, data sources, and definitions, recipients' self - reported general revenue figures may differ from those published by the Census Bureau. Recipients were permitted to provide data on a cash, accrual, or modified accrual basis, provided that recipients are consistent in their choice of methodology throughout the covered period and until reporting is no longer required. Recipients' reporting should align with their own financial reporting. In calculating general revenue, recipients should have excluded all intergovernmental transfers from the federal government This includes, but is not limited to, federal transfers made via a State to a locality pursuant to the CRF or SLFRF. To the extent federal funds are passed through States or other entities or intermingled with other funds, recipients should have attempted to identify and exclude the federal portion of those funds from the calculation of general revenue on a best-efforts basis. Consistent with the broad latitude provided to recipients to use funds for government services to the extent of reduction in revenue, recipients were required to submit a description of services provided. This description may be in narrative or in another form, and recipients were encouraged to report based on their existing budget processes and to minimize administrative burden. For example, a recipient with $100 in revenue replacement funds available could indicate that $50 were used for law enforcement operating expenses and $50 were used for pay -go building of sidewalk infrastructure. As discussed in the interim final rule, these services can include a broad range of services but may not be used directly for pension deposits or debt service. Reporting requirements did not require tracking the indirect effects of Fiscal Recovery Funds, apart from the restrictions on use of Fiscal Recovery Funds to offset a reduction in net tax revenue. In addition, recipients were required to indicate that Fiscal Recovery Funds were not used to make a deposit in a pension fund. B. Project and Expenditure Report All recipients are required to submit Project and Expenditure Reports. Note on NEUs: To facilitate reporting, each NEU will need an NEU Recipient Number. This is a unique identification code for each NEU assigned by the State or territory to the NEU as part of its request for funding. 1. Quarterly Reporting The following recipients are required to submit quarterly Project and Expenditure Reports: • States and U.S. territories • Tribal governments that are allocated more than $30 million in SLFRF funding • Metropolitan cities and counties with a population that exceeds 250,000 residents Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 17 u.s. peewraisvror —mce— • Metropolitan cities and counties with a population below 250,000 residents that are allocated more than $10 million in SLFRF funding and NEUs that are allocated more than $10 million in SLFRF funding. For these recipients, the initial quarterly Project and Expenditure Report Covers three calendar quarters from March 3, 2021 to December 31, 2021 and was required to be submitted to Treasury by January 31, 2022. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury by the last day of the month following the end of the period covered. Quarterly reports are not due concurrently with applicable annual reports. Table 3 summarizes the quarterly report timelines: Table 3: Quarteriv Proiecl and Expenditure Report Timeline Report 1 Quarter 2021 2-4 March 3, December 31 • e Date Janua 31,2022 2 2022 1 January1 — March 31 Aril 30. 2022 3 2022 2 Aril 1 — June 30 Jul 31, 2022 4 2022 3 Jul 1 — September 30 October 31 2022 5 2022 4 October 1 — December 31 January31 2023 6 2023 1 January1 — March 31 Aril 30, 2023 7 2023 2 Aril 1 —June 30 Jul 31, 2023 8 2023 3 Jul 1 — September 30 October 31, 2023 9 2023 4 October 1 — December 31 January31 2024 10 2024 1 January 1 — March 31 A 'I 30 2024 11 2024 2 Aril 1 —June 30 July 31 2024 12 2024 3 Jul 1 — September 30 October 31, 2024 13 2024 4 October 1 — December 31 January 31 2025 14 2026 1 January 1 — March 31 Aril 30 2025 15 2026 2 Aprill —June 30 July 31 2025 16 2025 3 Jul 1 —September 30 October 31, 2025 17 2025 4 October 1 — December 31 January 31 2026 18 2026 1 January 1 — March 31 April 30 2026 19 2026 2 Aril 1 —June 30 Jul 31 2026 20 2026 3 Jul 1 — September 30 October 31, 2026 21 2026 4 October 1 — December 31 Aril 36, 2027 2. Annual Reporting The following recipients are required to submit annual Project and Expenditure Reports: • Tribal governments that are allocated less than $30 million in SLFRF funding • Metropolitan cities and counties with a population below 250,000 residents that are allocated less than $10 million in SLFRF funding and NEUs that are allocated less than $10 million in SLFRF funding. For these recipients, the initial Project and Expenditure Report covered from March 3, 2021 to March 31, 2022 and was required to be submitted to Treasury by April $0, 2022. The subsequent annual reports will cover one calendar year and must be submitted to Treasury by April 30. Table 4 summarizes the annual report timelines: Coronavirus State and Local Fiscal Recovery Funds Compliance and Reponing Guidance 18 US OkSWTMENTOP THE TRIASURY Table 4: Annual Proiect and Expenditure Report timeline Report 1 Period Covered March 3, 2021 — March 31, 2022 Due Date Aril 30, 2022 2 April 1, 2022—March 31, 2023 Aril 30, 2023 3 Aril 1 2023—March 31, 2024 Aril 30, 2024 4 April 1 2024—March 31, 2025 Aril 30, 2025 5 April 1, 2025 — March 31, 2026 April 30, 2026 6 April 1, 2026 — December 31, 2026 April 30, 2027 3. Required Information The following information is required in Project and Expenditure Reports for both quarterly and annual reporting: a. Proiects: Provide information on all SLFRF funded projects. Projects are defined as a grouping of closely related activities that together are intended to achieve a specific goal or are directed toward a common purpose. These activities can include new or existing eligible government services or investments funded in whole or in part by SLFRF funding. For each project, the recipient is required to enter the project name, identification number (created by the recipient), project expenditure category (see Appendix 1), description, and status of completion. Project descriptions must describe the project in sufficient detail to provide an understanding of the major activities that will occur, and must be between 50 and 250 words. Projects should be defined to include only closely related activities directed toward a common purpose. Recipients should review the Required Programmatic Data described in 3.g. below and define their projects at a sufficient level of granularity. Note: For each project, the recipient is asked to select the appropriate Expenditure Category based on the scope of the project (see Appendix 1). Projects should be scoped to align to a single Expenditure Category. For select Expenditure Categories, the recipient also is asked to provide additional programmatic data (described further below). b. Obligations and Expenditures: Once a project is entered the recipient will be able to report on the project's obligations and expenditures. Recipients will be asked to report: • Current period obligation • Cumulative obligation • Current period expenditure • Cumulative expenditure c. Project Status: Once a project is entered the recipient will be asked to report on project status each reporting period, in four categories: • Not Started • Completed less than 50 percent • Completed 50 percent or more • Completed d. Prooram Income: Recipients should report the program income earned and expended to cover eligible project costs, if applicable. e. exceeds 250,000 residents only): Each state, temtory and metropolitan city and county with a population that exceeds 250,000 residents will provide the budget adopted for each project by its jurisdiction associated with SLFRF funds. Treasury will use this information to better understand the intended impact, identify opportunities for outreach, and understand the recipient's progress in program implementation. Treasury is not approving or pre -approving projects or budgets. Cwonavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance US DEPARTAENTOF THE TREikSURY • Recipients will enter the Adopted Budget based on information that exists currently in the recipient's financial systems and the recipient's established budget process. Treasury understands that recipients may use different budget processes, Fa example, a recipient may consider a project budgeted once a legislature has appropriated funds; whereas another recipient may consider a project budgeted at the moment when the funds have been obligated. • Additional information is provided on the differences between Adopted Budget, Obligations, and Expenditures as part of the user guide posted at www.treasury.aov/SLFRPReporting. f. Proiect Demographic Distribution (applicable to Public Health and Negafive Economic Impact ECs: EC 1.1-2.371—Collection began April 2022 Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entifies, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following: a. What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily Served. b. If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served. Recipients will select from the following options: ublic Health Impacted • General Public Disproportionately Assistance to • Low- or -moderate income • Low-income households and Households households or populabonsa populations" • Households that experienced encetl Households and populations unemployment residing in Qualified Census Tracts • Households that experienced Households that qualify for certain increased food a housing insecurity federal programs12 • Households that qualify for certain • Households receiving services federal programst' provided by Tribal governments • For services to address lost • Households residing in the U.S. instructional time in K-12 schools: territories or receiving services from any students that lost access to in- these governments person instruction for a significant period of time 9 Low or moderate -inane households and communities are those with O income at or below 300 percent of the Federal Poverty Guidelines for the size of the household based on Me most recently published poverty guidelines by the Department of Health and Human Services (HHS) or (it) income at or below 65 percent of the Area Median Income for the county and size of household based on the most recently published data by Me Department of Housing and Urban Development (HUD). to For Impacted households, these programs are Children's Health Insurance Program ('CHIP"); Childcare Subsidies through the Child Care and Development Fund ('CCDP) Program; Medicaid; National Housing Trust Fund ('HTF', for affordable housing programs only; Home Investment Partnerships Program ("HOME'), for affordable housing programs only. " Low-income households and communities are those with (i) income at or below 185 percent of the Federal Poverty Guidelines for the size of the household based on the mast recently published poverty guidelines by HHS or (it) income at or below 40 percent of Area Median Income for its county and size of household based on Me most recently published data by HUD. 1z For Disproportionately Impacted households, these programs are Temporary Assistance for Needy Families ('TANF'), Supplemental Nutrition Assistance Program ('SNAP"), Free- and Reduced -Pace Lunch ("NSLP") anchor School Breakfast ('SBP") programs, Medicare Part D Low-income Subsidies, Supplemental Severity Income ('SSI-), Head Start, Special Supplemental Nutrition Program for Women, Infanta, and Children ("PAC"), Section 8 Vouchers, Low -Income Home Energy Assistance Program ('UHEAP"), and Pell Grants. Coronavirus Stale and Local Fiscal Recovery Funds Compliance and Reporting Guidance 20 Impacted Disproportionately Impacted • Other households or populations • For services to address educational that experienced a negative disparities, Title I eligible schools13 economic impact of the pandemic . Other households or populations other than those listed above that experienced a disproportionate (please specify) negative economic impact of the pandemic other than those listed above leasespecify) Assistance to • Small businesses that experienced a • Small businesses operating in Small negative economic impact of the Qualified Census Tracts Businesses pandemic . Small businesses operated by Tribal . Classes of small businesses governments or on Tribal lands designated as negatively . Small businesses operating in the economically impacted by the U.S. territories pandemic (please specify) . Other small businesses disproportionately impacted by the ndemic lease specify) Assistance to . Non -profits that experienced a . Non -profits operating in Qualified Non -Profits negative economic impact of the Census Tracts pandemic (please specify) • Non -profits operated by Tribal • Classes of non -profits designated as governments or on Tribal lands negatively economically impacted by . Non -profits operating in the U.S. the pandemic (please specify) territories • Other non -profits disproportionately impacted by the pandemic (please specify) Aid to Impacted . Travel, tourism, or hospitality sectors N/A Industries (including Tribal development districts) . Industry outside the travel, tourism, or hospitality sectors that experienced a negative economic impact of the pandemic (please specify) g. Subawards. Contracts, Grants, Loans. Transfersand Direct Payments: Each recipient shall also provide detailed obligation and expenditure information for any contracts and grants awarded, bans issued, transfers made to other government entities, and direct payments made by the recipient that are equal to or greater than $50,000. As noted in Treasury's Project & Expenditure User Guides, subaward reporting for funds spent under the revenue loss eligible use category has not been required in past reporting periods. Please note that as outlined in Final Rule FAQ 13.14, Treasury is not collecting subaward data for projects categorized under the revenue loss eligible use category. Recipients do not need to submit separate monthly subaward reports to FSRS.gov as required pursuant to the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, which is included in the SLFRF Award Terms and Conditions. Treasury 's For educational services and other efforts to address educational disparities, Treasury will recognize Tile I eligible schools as disproportionately Impacted and responsive services that support the school generally or support the whole school service as eligible. "Tkle I eligible schools' means schools eligible to receive services under section 1113 of The I, Part A of the Elementary and Secondary Education Ad of 1965, as amended (29 U.S.C. 6313), Including schools served! under section 1113(b)(1)(C) of that Ad. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance /.S nEPMUMFu 0FTnETNFAWRY will submit this reporting on behalf of recipients using the $50,000 reporting threshold, timing, and data elements discussed in this guidance. If recipients choose to continue reporting to FSRS.gov in addition to reporting directly to Treasury on these funds, they may do so and will be asked to notify Treasury as part of their quarterly submission. In general, recipients will be asked to provide the following information for each Contract, Grant, Loan, Transfer, or Direct Payment equal to or greater than $50,000: • Subrecipient identifying and demographic information (e.g., UEUTIN number and location) • Award number (e.g., Award number, Contract number, Loan number) • Award date, type, amount, and description • Award payment method (reimbursable or lump sum payment(s)) • For loans, expiration date (date when loan expected to be paid in full) • Primary place of performance • Related project names) • Related project identification numbers) (created by the recipient) • Period of performance start date • Period of performance end date • Quarterly obligation amount • Quarterly expenditure amount • Project(s) • Additional programmatic performance indicators for select Expenditure Categories (see below) Aggregate reporting is required for contracts, grants, transfers made to other government entifies, loans, and direct payments that are below $50.000. This information will be accounted for by Expenditure Category at the project level. Note that all obligations and expenditures made directly to individuals, regardless of dollar amount, should be included in aggregate reporting. As required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive compensation, recipients must also report the names and total Compensation of their five most highly compensated executives and their subrecipieri executives for the preceding completed fiscal year if (1) the recipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as provided by 2 CFR 170,320 (and subawards), and received $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act (and subawards), and (2) if the infonmadon is not otherwise public. In general, most SLFRF recipients are governmental entities with executive salaries that are already disclosed, so no additional information would be required to be reported for them. The recipient is responsible for the subrecipients' compliance with registering and maintaining an updated profile on SAM.gov. h. Civil Rights Compliance: Treasury will request information on recipients' compliance with Title VI of the Civil Rights Act of 1964, as applicable, on an annual basis. This information may include a narrative describing the recipient's compliance with Title Vl, along with other questions and assurances. This collection does not apply to Tribal governments" i. Ineligible Activities: Tax Offset Provision (States and territories only): Section 602(c)(2)(A) of the Social Security Act prohibits a State or territory from using SLFRF funds to directly or indirectly offset a reduction in the net tax revenue of the State or territory resulting from a change in law, regulation, or administrative interpretation during the covered period (the "Tax Offset Provision"). The Final Rule implements the Tax Offset Provision at 31 CFR § 35.8. Violations of the Tax 14 Please note, as explained in Treasury FAQ 12.1, that the award terms and conditions for Treasury's pandemic recovery programs, including the SLFRF, do not impose antidiscrimination requirements on Tribal governments beyond what would otherwise apply under federal law. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 22 US. DEcWmMENTOFTHETREPSUW Offset Provision may be subject to rewupment. The following information is required for Treasury to ensure SLFRF funding is not used for ineligible activities related to the Tax Offset Provision. For each reporting year, in the quarterly reporting cycle occurring 90 days after the end of the recipient's fiscal year, States and territories will report certain items related to the Tax Offset Provision, as detailed below. For example, if a recipient's fiscal year ends June 30, 2022, reporting on the Tax Offset Provision for fiscal year 2022 will be due in October 2022. All States and territories reported on the Tax Offset Provision for fiscal year 2021 in July 2022. As indicated in the final rule, Treasury is implementing a tiered approach to reporting on the Tax Offset Provision, which is described below. Although Treasury is implementing a tiered approach to reporting, recipients should maintain records to support their compliance with the Tax Offset Provision. The terms "reporting year," "baseline," "covered change," "covered period," 'net reduction in total spending; and "tax revenue" are defined in the Final Rule, 31 CFR § 35.3. For purposes of calculating a net reduction in total spending, total spending for the fiscal year ending 2019 should be reported on an inflation -adjusted basis, consistent with the Final Rule. Similarly, for purposes of Calculating baseline tax revenue, tax revenue for the fiscal year 2019 should be reported on an inflation -adjusted basis, consistent with the Final Rule. For purposes of reporting actual tax revenue for the requested fiscal year and baseline tax revenue for the fiscal year ending 2019,15 (a) if available, recipients should report information using audited financials and (b) recipients may provide data on a Cash, accrual, or modified accrual basis, but must be consistent in their approach across all reporting periods. Similarly, for purposes of calculating a net reduction in total spending, recipients should report data using audited financials where available. Recipients will first answer a series of summary questions to determine the tiering of their tax offset reporting: Summary Questions • Do you have revenue -reducing covered change(s) to report for the requested fiscal year and for future fiscal years? Yes/No o If no, recipients have no further reporting requirements in the tax offset section. (Remaining summary questions will be greyed out). o If yes, recipients will complete part 1 and additional fields. • Is the aggregate value of your revenue -reducing covered change(s) for the requested fiscal year less than the de minimis? YesfNo. o If yes, recipients will complete parts 1 and 2, and no further reporting is required in the tax offset section. (Remaining summary questions will be greyed out). o If no, recipients will complete parts 1, 2 and additional fields. • Do you have a reduction in net tax revenue for the requested fiscal year, meaning that actual lax revenue for the requested fiscal year is less than baseline tax revenue? Yes/No. o If yes, recipients will Complete parts 1, 2, and 3 and additional fields. o If no, recipients will complete parts 1, 2, and 3, and no further reporting is required in the tax offset section. (Remaining summary questions will be greyed out). • Do you have revenue -increasing covered change(s) and/or covered spending cuts to report for the requested fiscal year? Yes/No o If yes, recipients will Complete parts 1, 2, 3, and 4. o If no, recipients will complete the revenue reduction cap. Reporting Part 1: Revenue -reducing Covered Changes 15 Tax revenue for fiscal year ending 2019 is relevant for calculating the recipient's baseline. Coronavirus Slate and Lacal Fiscal Recovery Funds Compliance and Reporting Guidance 23 U.s DEPPRTMENTCETHETHFP JW • Do you have revenue -reducing covered change(s) to report for the requested fiscal year and for future fiscal years? Yes/No o If yes, complete grid or upload spreadsheet with the name of each revenue -reducing covered change and the value of the revenue -reducing covered change for the requested fiscal year and for future fiscal years. o If no, a recipient has no revenue -reducing covered changes to report, no additional reporting is required. • Enter in the aggregate value of all revenue -reducing covered change(s) for the requested fiscal year. ° Revenue -reducing Covered Changes: Guidance For each reporting year, a recipient must report the value of covered changes that the recipient predicts will have the effect of reducing tax revenue in a given reporting year (revenue -reducing covered changes), similar to the way it would in the ordinary course of its budgeting process. The value of these revenue -reducing covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient government's existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The revenue -reducing covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year - over -year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. In general and where possible, reported values should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. Recipients must maintain records regarding the idenfification and predicted effects of revenue -reducing covered changes. Reporting Part 2: Baseline Revenue and De Minimis Threshold • Enter Baseline Revenue: • Enter in the aggregate value of the revenue -reducing covered change(s) for the requested fiscal year as a percentage of baseline revenue: • Is the aggregate value of the revenue -reducing covered change(s) for the requested fiscal year less than one percent of baseline revenue? YIN o If yes, a recipient's aggregate value of the revenue -reducing covered changes in the reporting year is less than the de minimis threshold, and no additional reporting is required. Baseline Revenue: Guidance Baseline has the meaning defined in the Final Rule, 31 CFR 35.3. Recipients must determine whether the aggregate value of the revenue -reducing covered changes in the reporting year is less than one percent of baseline revenue (the de minimis threshold). Reporting Part 3: Actual Tax Revenue and Reduction in Net Tax Revenue • Enter Actual Tax Revenue for the requested fiscal year: • Enter Reduction in Net Tax Revenue: baseline revenue minus actual tax revenue 'a The final rule defines covered change. "Covered change means a change in law, regulation, or administrative interpretation that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the Imposition of any tax or tax increase. A change in law includes any final legislative or regulatory action, a new or changed administrative interpretation, and the phase -in or taking effect of any statute or rule if the phase -in or taking effect was not prescribed prior to the start of the covered period' Corouavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 24 N.5. OEPNRMENTOf TNETREM W o If the value of the reduction in net tax revenue is zero or negative (meaning that actual tax revenue is equal to or greater than baseline revenue), no additional reporting is required. Actual Tax Revenue: Guidance Actual tax revenue means the tax revenue received by the recipient government in the reporting year. Tax revenue has the meaning defined in the Final Rule, 31 CFR 35.3. Reduction in Net Tax Revenue: Guidance The reduction in net tax revenue is equal to baseline revenue minus actual tax revenue in each reporting year. If this value is zero or negative, there is no reduction in net tax revenue. Reporting ParM Revenue increasing Covered Changes and Covered Spending Cuts • Do you have revenue -increasing covered change(s) and/or covered spending cuts to report for the requested fiscal year? Yes/No. • If yes, complete grid or upload spreadsheet with the name of each revenue -increasing covered change and the value. • Enter in the aggregate value of revenue -increasing covered change(s): • Enter net reduction in total spending for the requested fiscal year. • Complete grid or upload spreadsheet of specific spending cuts and the corresponding "reporting unit", including the name of the reporting unit, description of the spending cut, the amount of the reduction in spending in the reporting unit for the reporting year relative to its inflation -adjusted FY 2019 level, the amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and the amount by which the reduction in spending in the reporting unit in the reporting year exceeds the Fiscal Recovery Funds spent in the reporting unit in the reporting year, if at all. • Enter the aggregate value of covered spending cuts. • Enter the aggregate value of revenue -increasing covered changes+ the aggregate value of covered spending cuts. • Enter the total value of revenue -reducing covered changes minus the total of (aggregate value of revenue -increasing covered changes + aggregate value of covered spending cuts). • Is the aggregate value of revenue -reducing covered changes minus the total of (aggregate value of revenue -increasing changes+ aggregate value of covered spending cuts) negative or equal to zero? (Yes/No) o If yes, recipients have no further reporting requirements related to the Tax Offset Provision. o If no, recipients must move on to the calculation of the revenue reduction cop. Revenue -increasing covered changes: Guidance If a recipient has revenue -reducing covered changes, the aggregate value of which exceed the de minimis threshold, and its actual tax revenue does not exceed baseline tax revenue, a recipient must report the value of covered changes that have had or that the recipient predicts will have the effect of increasing tax revenue in a given reporting year (revenue -increasing covered changes), similar to the way it would in the ordinary course of its budgeting process. The value of these revenue -increasing covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient's existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The revenue -increasing covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year - over -year revenue attributable to the revenue -increasing covered change(s), relative to the current law baseline prior to the change(s). Estimation approaches should not use dynamic methodologies that incorporate the projected effects of the policies on macroeconomic growth. Coronav rots state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 25 V.S. CEPWTMFNTOF THE TREPSUW In general and where possible, reporting should be produced by the agency of the recipient responsible for estimating the costs and effects of fiscal policy changes. Recipients should maintain records regarding revenue -increasing covered changes and estimates of such changes. Net reduction in total spending, and tables of specific spending cuts: Guidance Recipients may cut spending in certain areas to pay for revenue -reducing covered changes, up to the amount of the recipient's net reduction in total spending. To calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient must first consider whether there has been a reduction in total net spending, excluding Fiscal Recovery Funds (net reduction in total spending). As defined in the Final Rule, 35 CFR 35.3, net reduction in total spending is measured as the recipient government's total spending for a given reporting year excluding Fiscal Recovery Funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis's Implicit Price Deflator for the gross domestic product of the United States for that reporting year. If that calculation yields a positive value, there has been a net reduction in total spending: if it yields zero or a negative value, there has not been a net reduction in total spending. If there has been no net reduction in total spending, a recipient will have no spending cuts to offset a reduction in net tax revenue. Next, a recipient must determine and aggregate the value of spending cuts in each "reporting unit." 'Reporting units" are departments, agencies, or authorities of the recipient's govemment. For each reporting unit, the recipient must report (1) the amount of the reduction in spending in the reporting unit for the reporting year relative to its inflation -adjusted FY 2019 level, (2) the amount of any Fiscal Recovery Funds spent in the reporting unit in the reporting year, and (3) the amount by which the reduction in spending in the reporting year exceeds the Fiscal Recovery funds spent in the reporting unit in the reporting year. If a recipient has not spent amounts received from the Fiscal Recovery Funds in a reporting unit, the full amount of the reduction in spending counts as a covered spending cut and may be included in the aggregate value of spending cuts. If the recipient has spent amounts received from the Fiscal Recovery Funds, such amounts generally would be deemed to have replaced the amount of spending cut, and only reductionsin spending above the amount of Fiscal Recovery Funds spent on the reporting unit would be eligible to offset a reduction in net tax revenue. Only such amounts above the amount of Fiscal Recovery Funds spent on the reporting unit should be included in the aggregate value of spending cuts. To align with existing reporting and accounting, the Final Rule considers the department, agency, or authority from which spending has been cut and whether the recipient govemment has spent amounts received from the Fiscal Recovery Funds on that same department, agency, or authority. Some commenters on the interim final rule argued that the methodology for identifying offsetting spending cuts at the department, agency, or authority level was too restrictive, but as discussed in the final rule, Treasury maintained the approach of requiring this reporting at the department, agency, or authority level. Recipients are encouraged to define reporting units in a manner consistent with their existing budget process and should, to the extent possible, report using the same reporting unit in each reporting year. Spending cuts must be reported relative to FY 2019 spending levels, adjusted for inflation, and excluding Fiscal Recovery Funds from reporting year spending levels. Recipients should maintain records regarding spending cuts. Reporting Part 5: Revenue Reduction Cap The "revenue reduction cap," together with Part 3, ensures that recipient governments can use organic revenue growth to offset the cost of revenue -reducing covered changes. If, based on the calculations completed so far, a recipient has not yet demonstrated how its revenue -reducing Goronavirus State and Local Fiscal Recovery Funds Compliance and Repoding Guidance 26 U.S. DEPARTMENTOF THEmEASnRT covered changes were offset by non-SLFRF sources, the reporting portal will auto -calculate the revenue reduction cap, which will be the lesser of the following two amounts: • Reduction in Net Tax Revenue (baseline tax revenue minus actual tax revenue) [pre - populated from Part 3] and • Aggregate Value of revenue -reducing covered changes minus (total of (aggregate value of revenue -increasing changes +aggregate value of covered spending cuts) [pre -populated from Part 4]. j. Required Programmatic Data (other than infrastructure Projects): For all projects listed under the following Expenditure Categories (see Appendix 1), the information listed must be provided in each report. 1. Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection began in April 2022 • Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced • Brief description of how a recipient's response is related and reasonably proportional to a public health or negative economic impact of COVID-19, 11 Note: The final rule presumes that all enumerated eligible uses for programs and services, including COVID-19 mitigation and prevention programs and services, are reasonably proportional responses to the harm identified unless a response is grossly disproportionate to the type or extent of harm experienced. Many of the Eligibility Categories encompass multiple specific enumerated eligible uses and may be provided to a variety of populations. For example, EC 2.13 Healthy Childhood Environments. Services to Foster Youth or Families Involved in Child Welfare System includes a vide array of financial, educational, child development, or health supports, or other supports necessary, including supports for kinship care, and may be provided to foster youth and/or families involved in the child welfare system. Between these two fields above, recipients should provide enough information to identify the type of enumerated eligible use being provided within the EC (e.g., kinship care support services), the public health or economic impact experienced, who the program andtorservice is being provided to, and what services are being provided (e.g., respite resources). For enumerated eligible uses, recipients are not required to provide substantive documentation that the response is related and reasonably proportional in the Project and Expenditure Report. 2. Capital Expenditures (EC I.1-3.5) - Collection began in January 2022, with additional fields required starting in July 2022 • Does this project include a capital expenditure? (Collection began in January 2022) • Total expected capital expenditure, including pre -development costs, if applicable (Collection began in January 2022) • Type of capital expenditure, based on the following enumerated uses (Collection began in July 2022): • COVID-19 testing sites and laboratories, and acquisition of related equipment • COVID-19 vaccination sites • Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID-19 related treatment) • Temporary medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs • Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment 17 Please note that capital expenditures are not considered "programs and services' and are not presumed to be reasonably proportional responses to an identified harts except as provided in the final rule. Comnavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance tll 0 Us. DERVrHWGMUFIHETRE RT • Emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems) • Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities • Public health data systems, including technology infrastructure • Adaptations to congregate living facilities, including skilled nursing facilities, other long-term care facifi ies, incarceration settings, homeless shelters, residential foster care facilities, residential behavioral health treatment, and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of CONAD-19 in the facility) • Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces) • Behavioral health facilities and equipment (e.g., inpatientoroutpatient mental health or substance use treatment facilities, crisis centers, diversion centers) • Technology and equipment to allow law enforcement to efficiently and effectively respond to the rise in gun violence resulting from the pandemic • Affordable housing, supportive housing, or recovery housing development • Food banks and other facilities primarily dedicated to addressing food insecurity • Transitional shelters (e.g., temporary residences for people experiencing homelessness) • Devices and equipment that assist households in accessing the Internet (e.g., tablets, computers, or routers) • Childcare, daycare, and early learning facilities • Job and workforce training centers • Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint) • Medical equipment and facilities designed to address disparities in public health outcomes (includes primary care clinics, hospitals, or integrations of health services into other settings) • Parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize public spaces • Rehabilitations, renovation, remediation, cleanup, or conversions of vacant or abandoned properties • Schools and other educational facilities or equipment to address educational disparities • Technology and tools to effectively develop, execute, and evaluate government programs • Technology Infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, improvements to case management systems or data sharing resources), reduce government backlogs, or meet increased maintenance needs • Other (please specify) For recipients (other than Tribal governments) investing in projects with total expected capital expenditures for an enumerated eligible use of $10 million or more, as well as projects with total expected capital expenditures for an "other' use of $1 million or more, provide a written justification (Collection began in July 2022) For projects with total expected capital expenditures of over $10 million, provide labor reporting as outlined for infrastructure projects on pages 26 and 27 (Collection began July 2022) Coronavirus stare and Local Fiscal Recovery Funds Compliance and Reporting Guidance YY1 US. DEP naENTOFTHETREMURY 3. Household Assistance (EC 2.1-2.8) —Collection began January 2022: • Number of households served (by program if recipient establishes multiple separate household assistance programs) 4. Small Business Economic Assistance (EC 1.8. 2.29-2.33) —Collection began April 2022 • Number of small businesses served (by program if recipient establishes multiple separate small business assistance programs) 5. Assistance to Non -Profits (EC 1.9. 2.34)- Collection began April 2022 • Number of Non -Profits served (by program if recipient establishes multiple separate non- profit assistance programs) If aid is provided to industries other than travel, tourism, and hospitality (EC 2.36). describe if the industry experienced at least 8 percent employment loss from pre - pandemic levels, or the industry is experiencing Comparable or worse economic impacts as the national tourism, travel, and hospitality industries as of the date of the final rule, and rationale for providing aid to the industry For each subaward: o Sector of employer (Note: additional detail, including list of sectors, to be provided in the user guide posted to ww ii casurv.00v/SLFRP) o Purpose of funds (e.g., payroll support, safety measure implementation) 7. Education Assistance (EC 2.14, 2.24-.2.27) — Collection began in January 2022: • The National Center for Education Statistics ("NCES") School ID or NCES District ID. List the School District if all schools within the school district received some funds. If not all schools within the school district received funds, list the School ID of the schools that received funds. These can allow evaluators to link data from the NCES to look at school - level demographics and, eventually, student performance.18 8. Payroll for Public Health and Safety Employees (EC 3.1) — Collection began in January 2022. • Number of government FTEs responding to COVID-19 supported under this authority 9. Rehiring Public Sector Staff (EC 3.2) — Collection began in January 2022: • Number of FTEs rehired by governments under this authority 10. Premium Pay (both Public Sector EC 4.1 and Private Sector EC 4.2) — Collection began in January 2022, additional field began in April 2022 • List of sectors designated as critical to protecting the health and well-being of residents by the chief executive of the jurisdiction, if beyond those included in the final rule (Collection began January 2022) • Number of workers to be served (Collection began January 2022) • Employer sector for all subawards to third -party employers (i.e., employers other than the State, local, or Tribal government) (Collection began January 2022) • For groups of workers (e.g., an operating unit, a classification of worker, etc.) or, to the extent applicable, individual workers, other than those where the eligible worker receiving premium pay is earning (with the premium pay included) below 150 percent of their residing state or county's average annual wage for all occupations, as defined by the Bureau of Labor Statistics Occupational Employment and Wage Statistics, whichever is r° For more information on NCES identification numbers see Mrs n/ncesad gOvlccd/distridsearch) (districts) and Mips Imces ed gov/ocdischoolsearchl(schools). Coronav Ws State and Local Fiscal Recovery Funds Compliance and Reporting Guidance rF] higher, on an annual basis; OR the eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions: • A brief written narrative justification of how the premium pay or grant is responsive to workers performing essential work during the public health emergency. This could include a description of the essential workers' duties, health or financial risks faced due to COVID-19, and why the recipient government determined that the premium pay was responsive to workers performing essential work during the pandemic. This description should not include personally identifiable information; when addressing individual workers, recipients should be careful not to include this information. Recipients may consider describing the workers' occupations and duties in a general manner as necessary to protect privacy (Collection began January 2022) Number of workers to be served with premium pay in K-12 schools (Collection began Apnl 2022) 11. Revenue replacement fEC 6.11—Coilecb'on began in August 2021: As outlined in the final rule, recipients have the option to make a one-time decision to calculate revenue loss according to the formula outlined in the final rule or elect a "Standard Allowance" of up to $10 million, not to exceed the award allocation, to spend on government services throughout the period of performance. The option to make this one-time decision was provided during the April 30, 2022 reporting deadline. For recipients electing the "Standard Allowance; Treasury will presume that up to $10 million, not to exceed the award allocation, in revenue has been lost due to the public health emergency. Recipients are permitted to use that amount to fund "government services." Please note that electing the standard allowance does not change a recipient's total allocation. Recipients that elect to use this standard allowance will make this election instead of calculating lost revenue using the formula. For recipients calculating revenue loss according to the formula, the final rule permits recipients to choose whether to use calendar or fiscal year calculation dates. Recipients must use the same calculation time frame (calendar or fiscal year) throughout the award period. Recipients calculating lost revenue using the formula should report the following: • Choice of fiscal or calendar year revenue loss (choice must remain consistent throughout award period) • General revenue collected over the past 12 months as of the most recent calculation date, as outlined in the final rule. • Calculated revenue loss due to the Covid-19 public health emergency; and • An explanation of how the revenue replacement funds were allocated to government services (note: additional instructions and/or template provided in the user guide posted at www.treasgaE2v/SLFRPRe2orting). For information on treatment of future tax changes, please see the Statement Regarding Compliance with the Coronavirus State and Local Fiscal Recovcry Funds Interim Final Rule and Final Rule. k. Required Programmatic Data for Infrastructure Projects (EC 5). For all projects listed under the Water, Sewer, and Broadband Expenditure Categories (see Appendix 1), more detailed project - level information is required. Each project will be required to report expenditure data as described above, but will also report the following information: 1. All infrastructure projects (EC 5) — Collection began in January 2022. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 30 US 0EPoRTMENT OF THE TREPSORY • Projectedlactual construction start date (monthlyear) • Projected/actual initiation of operations date (month/year) • Location • For projects over $10 million (based on expected total cost): a. A recipient may provide a certification that, for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the performance of such project are paid wages at rates not less than those prevailing, as determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the "Davis -Bacon Act"), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed, or by the appropriate State entity pursuant to a corollary State prevailing -wage -in -construction law (commonly known as 'baby Davis -Bacon Acts"). If such certification is not provided, a recipient must provide a project employment and local impact report detailing: • The number of employees of contractors and sub -contractors working on the project; • The number of employees on the project hired directly and hired through a third party; • The wages and benefits of workers on the project by classification; and • Whether those wages are at rates less than those prevailing. 18 Recipients must maintain sufficient records to substantiate this intonation upon request. b. A recipient may provide a certification that a project includes a project labor agreement, meaning a pre -hire collective bargaining agreement consistent with section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). If the recipient does not provide such certification, the recipient must provide a project workforce continuity plan, detailing: • How the recipient will ensure the project has ready access to a sufficient supply of appropriately skilled and unskilled labor to ensure high -quality construction throughout the life of the project, including a description of any required professional certifications and/or in-house training; • How the recipient will minimize risks of labor disputes and disruptions that would jeopardize timeliness and cost-effectiveness of the project; • How the recipient will provide a sate and healthy workplace that avoids delays and costs associated with workplace illnesses, injuries, and fatalities, including descriptions of safety training, certification, and/or licensure requirements for all relevant workers (e.g., OSHA 10, OSHA 30); • Whether workers on the project will receive wages and benefits that will secure an appropriately skilled workforce in the context of the local or regional labor market; and • Whether the project has completed a project labor agreement. c. Whether the project prioritizes local hires. d. Whether the project has a Community Benefit Agreement, with a description of any such agreement. 2. Water and sewer oroiects (EC 5.1-5.18) Required once the project starts: • National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable; for projects aligned with the Clean Water State Revolving Fund) (Collection began in January 2022) 12 As determined by the U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of ti le 40, United Stales Code (commonly known as the "Davis -Bacon Ad'), for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State (or the District of Columbia) in which the work is to be performed. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance u.S. DFFWVVENTa THE TREavm • Public Water System (PWS) ID number (if applicable; for projects aligned with the Drinking Water State Revolving Fund) (Collection began January 2022) • Median Household Income of service area (Collection began in Apr# 2022) • Lowest Quintile Income of the service area (Collection began in April 2022) 3. Broadband oroiects (EC 5.19-5.21) Collection includes new fields that began in July 2022. Additional fields will be phased in through future reporting periods, as noted below. Overall Project Information • Confirm that the project is designed to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and upload speeds. o If the project is not designed to reliably meet or exceed symmetrical 100 Mbps download and upload speeds, explain why not, and o Conti" that the project is designed to, upon completion, meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed, and be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. • Cord'" that the service provider for the project has, or will upon completion of the project, either participated in the Federal Communications Commission (FCC)'s Affordable Connectivity Program (ACP) or otherwise provided access to a broad -based affordability program that provides benefits to households commensurate with those provided under the ACP to low-income consumers in the proposed service area of the broadband infrastructure (applicable only to projects that provide service to households). Detailed Project Information • Project technology type(s) (Planned/Actual) o Fiber o Coaxial Cable o Terrestrial Fixed Wireless o Other (specify) • Total miles of fiber deployed (Planned/Actual) • Total number of funded locations served (Planned/Actual) o Total number of funded locations served, broken out by speeds: • Pre-SLFRF Investment: • Number receiving 25/3 Mbps or below • Number receiving between 2513 Mbps and 100/20 Mbps • Post-SLFRF Investment(Planned/Actual): • Number receiving minimum 1001100 Mbps • Number receiving minimum 100120 Mbps and scalable to minimum 100/100 Mbps o Total number of funded locations served, broken out by type (Planned/Actual): • Residential Total Housing Units • Business • Community anchor institution • Speed tiers offered, corresponding non -promotional prices, including associated fees, and data allowance for each speed tier of broadband service (collection to be phased in a future reporting period) Location -by -Location Project Information For each location served by a Project, the recipient must collect from the subrecipient or contractor and submit the following information to Treasury using a predetermined file format that will be provided by Treasury (collection of certain fields will begin in October 2022, as specified below): Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 32 LL5. OEPAPMENT OF THE TRFhSUPY Latitude/longitude at the structure where service will be installed (required starting October 2022) Technology used to offer service at the location (required starting October 2022) Location type (required starting October 2022) o Residential • If Residential, Number of Housing Units o Business o Community anchor institution Speed tier at the location pre-SLFRF investment (collection to be phased in) a 2513 Mbps or below o Between 25/3 Mbps and 100/20 Mbps Speed and latency at the location post-SLFRF investment (collection to be phased in) o Maximum download speed offered o Maximum download speed delivered o Maximum upload speed offered o Maximum upload speed delivered o Latency section of this guidance, states. U.S. territories, and metropolitan cities and counties with a population over 250,000 are required to provide additional data in the Project and Expenditure report for projects in the following expenditure categones: 1. Use of Evidence for relevant ECs noted in Appendix 1)—Collection began April 2022 • The dollar amount of the total project spending that is allocated towards evidence -based interventions • Whether a program evaluation of the project is being conducted 2. Household Assistance (EC 2.2. Lona-Tenn Housing Security (EC 2.15-2.16) and Housing Support (EC 2.17-2.18): • Number of households receiving eviction prevention services (including legal representation) • Number of affordable housing units preserved or developed 3. Assistance to Unemployed or Underemployed Workers (EC 2.101 and Community Violence Interventions (EC 1.11): • Number of workers enrolled in sectoral job training programs • Number of workers completing sectoral job training programs • Number of people participating in summer youth employment programs 4. Addressing Educational Disparities (EC 2.24-2.26) and Addressina Impacts of Lost Instructional Time (EC 2.27): • Number of students participating in evidence -based tutoring programs10 5. Healthy Childhood Environments (EC 2.11-2.14): • Number of children served by childcare and early learning services (pre-school(pre-K/ages 3-5) • Number of families served by home visiting - For more information an evidence -based tutoring programs, refer to the U.S. Department of Education's 2021 ftD COVIL)-19 Handbook (Volume 21, which summarizes research on evidence -based tutoring programs (see the bottom of page 20. Coronavirus state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 33 11.SMRV MEMCFTIiETR UW in. NEU Documentation (NEUs onlvl: Each NEU is also required to provide the following information once its accounts are established in Treasury's Reporting Portal and prior to the due date for their first Project and Expenditure Report (due April 30, 2022): • Copy of the signed award terms and conditions agreement (which was signed and submitted to the State as part of the request for funding) • Copy of the signed assurances of compliance with Title VI of the Civil Rights Act of 1964 (which was signed and submitted to the State as part of the request for funding) • Copy of actual budget documents validating the top -line budget total provided to the State as part of the request for funding NEU accounts are established in Treasury's Portal based on information provided by the States or territories, as further descnbed in Section Part 2 D below. C. Recovery Plan Performance Report States, territories, and metropolitan cities and counties with a population that exceeds 250,000 residents (i.e., Tier 1 recipients) will also be required to publish and submit to Treasury a Recovery Plan performance report ("Recovery Plan"). Each Recovery Plan must be posted on an easily discoverable webpage on the public -facing websde of the recipient by the same date the recipient submits the report to Treasury. Treasury recommends that Recovery Plans be accessible within three dicks or fewer from the homepage of the recipient's website. Within Treasury's reporting portal, recipients must upload a link to the publicly available Recovery Plan and provide required data. The Recovery Plan provides the public and Treasury both retrospective and prospective information on the projects recipients are undertaking or planning to undertake with program funding and how they are planning to ensure program outcomes are achieved in an effective, efficient, and equitable manner. While this guidance outlines some minimum requirements for the Recovery Plan, each recipient is encouraged to add information to the plan that they feel is appropriate to provide information to their constituents on efforts they are taking to respond to the pandemic and promote economic recovery. Each jurisdiction may determine the general form and content of the Recovery Plan, as long as it includes the minimum information required by Treasury. Treasury provided a template (located at wmvtieasurv.ocv/SLFRP) but recipients may modify this template as appropriate for their jurisdiction, provided the modified template meets Treasury's requirements, outlined below. Through the Recovery Plan, recipients may link to public documents, including, but not limited to, legislation, dashboards, survey results, community engagement reports, and equity frameworks to support the Recovery Plan narrative. The Recovery Plan should include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury, as noted below. The initial Recovery Plan covered the period from the date of award to July 31, 2021 and was required to be submitted to Treasury by August 31, 2021, or 60 days after receiving funding. Thereafter, the Recovery Plan will cover a 12-month period and recipients are required to submit the report to Treasury after the end of the 12-month period by July 31. The Recovery Plan should include both retrospective information covering the time period of the Recovery Plan along with prospective information on future work to be undertaken with SLFRF funds or on the planning that has been undertaken during the covered period. Table 6 summarizes the report timelines: Coronavlrus state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 34 U 5 0EP oW1JE, r0F THE mMURY Annual Reprt July Period Covered , 2022— June 30, 2023r Due Date 20 4 Jul 1, 2023—June 30, 2024 Jul 43 31, 5 July 1, 2024—June 30, 2025 July 31 2025 6 July i 2025—June 30 2026 July 31 2026 7 July 1, 2026—December 31, 2026 Aril 30. 2027 Recovery Plans submitted as part of reporting are used by Treasury, third party organizations, the public, and other stakeholders to obtain a comprehensive understanding of SLFRF's largest recipients' planned and actual usage of SLFRF funding, including the jurisdiction's policy goals, its strategy for achieving them, and specific projects or initiatives underway. Alignment of data reported in Project and Expenditure reports and Recovery Plans is expected by both Treasury and SLFRF's many stakeholders. Finally, Recovery Plans will be posted publicly by Treasury to provide transparency about how program funds are being used by recipient governments. The Recovery Plan must include, at a minimum, the following information: 1. Executive Summary In this section, recipients should provide a high-level overview of the jurisdiction's intended and actual uses of funding including, but not limited to: the jurisdiction's strategy, goals, and plan for using Fiscal Recovery Funds to respond to the pandemic and promote economic recovery, key outcome goals, progress to date on those outcomes, and any noteworthy challenges or opportunities identified during the reporting period. 2. Uses of Funds In this section, recipients should describe in further detail the strategy and goals of their junsi icfion's SLFRF program, such as how theirjurisdiction's approach would help support a strong and equitable recovery from the COVID-19 pandemic and economic downturn. Recipients should describe how their intended and actual uses of funds will achieve their goals. Given the broad eligible uses of funds established by the final rule and the specific needs of different jurisdictions, recipients should also explain haw the funds would support the communities, populations, or individuals in their jurisdiction. Recipients should describe how their use of funds supports their overall strategy and goals in the following areas: a. Public Health (EC 1): As relevant, describe how funds are being used to respond to COVID-19, the broader health impacts of COVID-19, and the COVID-19 public health emergency, including community violence interventions and behavioral health. b. Negative Economic Impacts (EC 2): As relevant, describe how funds are being used to respond to negative economic impacts of the COVID-19 public health emergency, including services to households (such as affordable housing, job training, and childcare), small businesses, non- profits, and impacted industries. c. Public Flealth-Negative Economic Impact: Public Sector Capacity (EC 3): As relevant, describe how funds are being used to support public sector workforce and capacity, including public sector payroll, rehiring of public sector workers, and building of public sector capacity. d. Premium Pay NEC 4): As relevant, describe the approach, goals, and sectors or occupations served in any premium pay program. Describe how the approach prioritizes low-income workers and/or any particular group of eligible workers. e. Water, sewer, and broadband infrastructure (EC 5): As relevant, describe the approach, goals, and types of projects being pursued. Where relevant, recipients should note how projects contribute to addressing climate change and/or how projects benefit disadvantaged communities in line with the Justice401nifiative.21 31 See Executive Order 140.08, On Tackling the Climate Crisis at Home and Abroad and the Interim Implementation Guidance for the Justice40 Initiative, OMH M_21_28. Coronavirus Stale and Local Fiscal Recovery Funds Compliance and Repoding Guidance 35 11 S. GEPMPId TO THE TREASURY I. Revenue Replacement (EC 61: Describe the loss in revenue, including if electing the standard allowance, due to the COVID-19 public health emergency, and how funds have been used to provide government services, including any funds used under revenue loss for non-federal cost - share or matching requirements of other federal programs. If appropriate, recipients may also include information on their jurisdiction's use (or planned use) of other federal recovery funds, including other programs under the American Rescue Plan such as Emergency Rental Assistance, the Homeowner Assistance Fund, the Capital Projects Fund, the State Small Business Credit Initiative, and so forth, to provide broader context on the overall approach for pandemic recovery. Jurisdictions may also address use of SLFRF funds in coordination with, or in preparation for, funding available through the Infrastructure Investment and Jobs Act. 3. Promoting equitable outcomes Treasury encourages uses of funds that advance strong, equitable growth, including economic and racial equity. For the purposes of the SLFRF, equity is described in the Executive Order 13985 On Advancing Racial Eguity and Support for Underserved Communities Through the Federal Government, as issued on January 20, 2021. In this section, recipients should describe, as applicable, their efforts to promote equitable outcomes, including economic and racial equity, and their efforts to design, implement, and measure their SLFRF program and projects with equity in mind. In describing their efforts to design their SLFRF program and projects with equity in mind, recipients may consider the following: a. Goals. Are there particular historically underserved, marginalized, or adversely affected groups that recipients intend to serve within their jurisdiction? b. Awareness. How equitable and practical is the ability for residents or businesses to become aware of the services funded by SLFRF? c. Access and Distribution: Are there differences in levels of access to benefits and services across groups? Are there administrative requirements that result in disparities in ability to complete applications or meet eligibility criteria? d. Outcomes: How are intended outcomes focused on closing gaps and/or reaching universal levels of service? How is the considering disaggregating outcomes by race, ethnicity, and other equity dimensions where relevant for the policy objective? In describing their efforts to implement their SLFRF program and projects with equity in mind, recipients may consider the following: a. Goals and Targets: Please describe how planned or current uses of funds prioritize economic and racial equity as a goal, name specific targets intended to produce meaningful equity results at scale, and include initiatives to achieve those targets. b. Project Implementation: In addition, please explain how the jurisdiction's overall equity strategy translates into focus areas for SLFRF projects and the speck services or programs offered by the jurisdiction in the following Expenditure Category, as indicated in the final rule. Negative Economic Impacts (EC 2): assistance to households, small businesses, and non- profits to address impacts of the pandemic, which have been most severe among low-income populations. This includes assistance with food, housing, and other needs; employment programs for people with barriers to employment who faced negative economic impacts from the pandemic (such as residents of low-income neighborhoods, minorities, disconnected youth, the unemployed, formerly incarcerated people, veterans, and people with disabilities); services to provide long-term housing security and housing supports, address educational disparities, or provide child care and early learning services; and other strategies that provide Coronavirus State and Local Fiscal Recovery Funds Compliance and Repo Ring Guidance 36 1I.&DEPMMVENTeFTREIRF URY impacted and disproportionately impacted communities with services to address the negative economic impacts of the pandemic The first annual Recovery Plan, due in 2021, was required to describe initial efforts and intended outcomes to promote equity, as applicable. Beginning in 2022, each annual Recovery Plan must provide an update, using qualitative and quantitative data, on tow the recipients' approach achieved or promoted equitable outcomes or progressed against equity goals during the performance period, as applicable. Each jurisdiction should describe any constraints or challenges that impacted project success in terms of increasing equity. In particular, this section should describe the geographic and demographic distribution of funding, including whether it is targeted toward traditionally marginalized communi ies (recipients may reference the demographic data information in their Project and Expenditure Reports as relevant). 4. Community Engagement In this section, recipients should describe how their jurisdiction's planned or current use of funds incorporates community engagement strategies including written feedback through surveys, project proposals, and related documents; oral feedback through community meetings, issue -specific listening sessions, stakeholder interviews, focus groups, and additional public engagement; as well as other forms of input, such as steering committees, taskforces, and digital campaigns that capture diverse feedback from the community. Recipients may describe completed or planned community engagement strategies specifically focused on their SLFRF program and projects or community engagement strategies that included SLFRF among other government programs. Recipients should also describe how community engagement strategies support their equity goals, including engagement with communities that have historically faced significant barriers to services, such as people of color, people with low incomes, limited English proficient populations, and other traditionally underserved groups. 5. Labor Practices In this section, recipients should describe workforce practices on any infrastructure projects or capital expenditures being pursued, How are projects using strong labor standards to promote effective and efficient delivery of high -quality infrastructure projects while also supporting the economic recovery through strong employment opportunities for workers? For example, report whether any of the following practices are being utilized: project labor agreements, community benefits agreements, prevailing wage requirements, and local hiring. 6. Use of Evidence In this section of the Recovery Plan, recipients should describe whether and how evidence -based interventions and/or program evaluation are incorporated into their SLFRF program. Recipients may include links to evidence standards, evidence dashboards, evaluation policies, and other public facing tools that are used to track and communicate the use of evidence and evaluation for Fiscal Recovery Funds. Recipients are encouraged to consider how a learning agenda, either narrowly focused on SLFRF or broadly focused on the recipient's broader policy agenda, could support their overarching evaluation efforts in order to create an evidence -building strategy for their jurisdiction,T In the Project Inventory section of the Recovery Plan (see Section 8 below), recipients should identify whether SLFRF funds are being used for evidence -based interventions" and/or if projects are being evaluated through rigorous program evaluations that are designed to build evidence. In the Project Inventory, recipients must briefly describe the goals of the project and the evidence base for the interventions funded by the project. As part of the Project Inventory section, recipients must also specifically identify the dollar amount of the total project spending that is allocated towards evidence - based interventions for each project in the Expenditure Categories noted with an asterisk in Appendix 1. Please note that to increase consistency, the Project and Expenditure report now also includes a For more information on learning agendas, please see 01,113 M-19-23 As noted in Appendix 2, evidence -based refers to interventions with strong or moderate levels of evidence. Coronavims State and Local Fiscal Recovery Funds Compliance and Reportirg Guidance 37 us fields for recipients to identify the dollar amount of the total project spending that is allocated to evidence -based interventions and to indicate if a program evaluation of the project is being conducted. Recipients are encouraged to reference relevant evidence clearinghouses, among other sources, to assess the level of evidence for their interventions and identify evidence -based models that could be applied in theirjurisdiction; such evidence clearinghouses include the U.S. Department of Education's What Works Clearinghouse, the U.S. Department of Labor's CLEAR, and the Childcare & Early Education Research Connections and the H_emc Visiting Evidence of Effectiveness clearinghouses from Administration for Children and Families, as well as other clearinghouses relevant to particular projects conducted by the recipient. Recipients are exempt from reporting on evidence -based interventions in cases where a program evaluation is being conducted. In such cases where a recipient is conducting a program evaluation, recipients must describe the evaluation design, including whether it is a randomized or quasi - experimental design; the key research questions being evaluated; whether the study has sufficient statistical power to disaggregale outcomes by demographics; and the timeframe for the completion of the evaluation (including a link to the completed evaluation if relevant)." Once the evaluation has been completed, recipients must post the evaluation publicly and link to the completed evaluation in the Recovery Plan. Once an evaluation has been completed (or has sufficient interim findings to determine the efficacy of the intervention), recipients should determine whether the spending for the evaluated interventions should be counted towards the dollar amount categorized as evidence -based for the relevant project. For all projects, recipients may be selected to participate in a national evaluation, which might, for example, study their project along with similar projects in other jurisdictions that are focused on the same set of outcomes. In such cases, recipients may be asked to share information and data that is needed for the national evaluation. Appendix 2 contains additional information on evidence -based interventions for the purposes of the Recovery Plan. 7. Performance Report In this section, recipients should describe how performance management is incorporated into their SLFRF program, including how they are tracking their overarching jurisdictional goals for these funds as well as measuring results for individual projects. The recipient has flexibility in terms of how this information is presented in the Recovery Plan, and may report key performance indicators for each project, or may group projects with substantially similar goals and the same outcome measures. In some cases, the recipient may choose to include some indicators for each individual project as well as crosscutting indicators. Recipients may include links to performance management dashboards, performance management policies, and other public facing tools that are used to track and communicate the performance of Fiscal Recovery Funds. In addition to outlining in this section their high-level approach to performance management, recipients must also include key performance indicators for each SLFRF project in the Project Inventory section (described below in #8). Performance indicators should include both output and outcome measures. Output measures, such as the number of students enrolled in an early learning program, provide valuable information about the early implementation stages of a project. Outcome measures, such as the percent of students reading on grade level, provide information about whether a project is achieving its overall goals. Recipients are encouraged to use logic models" to identify their output and outcome measures. For more information on the required standards for program evaluation, see OMB M-20-12. A logic model is a tool that depicts the intended links between program investments and outcomes, specifically the relationships among the resources, activities, outputs, outcomes, and impact of a program. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 38 11.S. 0EPA EHJT rx THE TREASURY While the initial Recovery Plan focused heavily on early output goals, recipients should include the related outcome goal for each project and provide updated information on achieving these outcome goals in subsequent annual reports. In cases where recipients are conducting a program evaluation for a project (as described above), the outcome measures in the performance report should be aligned with those being evaluated in the program. As described in the final rule, to support their performance measurement and program improvement efforts, recipients are permitted to use funds to make improvements to data or technology infrastructure and data analytics, as well as perform program evaluations. While recipients have discretion on the full suite of performance indicators to include, a number of mandatory performance indicators and programmatic data must be included. These are necessary to allow Treasury to conduct oversight as well as understand and aggregate program outcomes across recipients. This section provides an overview of the mandatory performance indicators and programmatic data. This information should be included in the Project Inventory, but this data will also need to be entered directly into the Treasury reporting portal as part of the Project and Expenditure report, as Treasury has added these fields (for Tier 1 recipients only) to the Project and Expenditure report. Below is a list of required data for each Expenditure Category, where relevant. a. Household Assistance (EC 22)Long-TemT Housing Security (EC 215-216) and Housing Support (EC 2,17-2.18): • Number of households receiving eviction prevention services (including legal representation) • Number of affordable housing units preserved or developed b. Assistance to Unemployed a Underemployed Workers (EC 2.10) and Community Violence Interventions (EC 1.111): • Number of workers enrolled in sectoral job training programs • Number of workers completing sectoral job training programs • Number of people participating in summer youth employment programs C. Addressing Educational Disparities (EC 2 24-2 26) and Addressing Impacts of Lost Instructional Time (EC 2.27): • Number of students participating in evidence -based tutoring programme d. Healthy Childhood Environments (EC 2.11-2 141: • Number of children served by childcare and early learning services (pre-school/pre-Wages 3- 5) • Number of families served by home visiting The initial report should have included the key indicators above. Each annual report thereafter should include updated data for the performance period as well as prior period data, and a brief narrative adding any additional context to help the reader interpret the results and understand any changes in performance indicators over time. To the extent possible, Treasury also encourages recipients to provide data disaggregated by race, ethnicity, gender, income, and other relevant factors. 8. Project Inventory In this section, recipients should list the name and provide a brief description of each SLFRF funded project. Projects are defined as a grouping of closely related activities that together are intended to achieve a specific goal or are directed toward a common purpose. These activities can include new or existing eligible government services or investments funded in whole or in part by SLFRF funding. " For more information on evidence -based tutoring programs, refer to the U.S. Department of Education's 2021 LD COVID-19 Handbook (VOltlme 2), which summarizes research on evidence -based tutoring programs (see the bottom of page 20.). Coronavirus stare and Local Fiscal Recovary Funds Compliance and Reporting Guidance 39 U.S. MPAmMEMTof THE TR6ASUW For each project, recipients should include the project name, funding amount, identification number (the same identification number created by the recipient that matches the identification number used in the quarterly Project and Expenditure Report), project Expenditure Category (see Appendix 1), and a description of the project that includes an overview of the main activities of the project, approximate timeline, primary delivery mechanisms and partners, and intended outcomes. Each jurisdiction should also include a link to the website of the project if available. This information will provide context and additional detail for the information reported quarterly in the Project and Expenditure Report. For infrastructure projects, where relevant, recipients should describe how the project contributes to addressing climate change and/or advances the Justice40 initiative", which sets a target of providing 40 percent of the benefits of certain federal investments, including climate and clean energy investments to disadvantaged communities. As noted above in section 6, the Project Inventory must also include information about the dollar amount of the total project spending that is allocated towards evidence -based interventions (or describe how projects are being evaluated as noted above). As described above in section 7, the Project Inventory must also contain information about the performance indicators for each project, including both those measures that recipients have defined for each project as well as the mandatory performance indicators defined by Treasury. Recipients have flexibility in the presentation and format of their Project Inventory, provided it includes the minimum required information. Recipients have the option of downloading a spreadsheet of the information entered into their Project and Expenditure Report to assist them in creating the Project Inventory in their Recovery Plan. However, recipients must ensure that their Project Inventory contains the additional information required by this guidance, including but not limited to information about performance measures and evidence/evaluation for each project. In all cases, recipients must post publicly (and submit to Treasury) a single PDF file of their Recovery Plan, which includes the Project Inventory. D. Distributions to NEUs Each state and territory is required to provide regular updates on their NEU distributions as well as their distributions to units of general local government within counties that are not units of general local government. The distribution template generally requests information on whether the local government has (1) received funding; (2) declined funding and requested a transfer to the state under Section 603(c)(4) of the Act; or (3) not taken action on its funding or declined funding. For NEUs, states and territories should be prepared to report on their information, including the following: • NEU name • NEU UEI number • NEU Taxpayer Identification Number (TIN) • NEU Recipient Number (a unique identification code for each NEU assigned by the State or territory to the NEU as part of the request for funding) • NEU contact information (e.g., address, point of contact name, point of contact email address, and point of contact phone number) • NEU authorized representative name and email address • Initial allocation and, if applicable, subsequent allocation to the NEU (before application of the 75 percent cap) n See Executive Order 14008, On Tackling the Climate Crisis at Home and Abroad and the Interim Implementation Guidance for the Justice40 Initiative, OMB M-21 _28. Corenavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 40 U S. CEPPRTLIENT OF THE TREASURY • Total NEU reference budget (as submitted by the NEU to the State or territory as part of the request for funding) • Amount of the initial and, if applicable, subsequent allocation above 75 percent of the NEU's reference budget which will be returned to Treasury • Payment amount(s) • Payment date(s) States with "weak" minor civil divisions (i.e., Illinois, Indiana, Kansas, Missouri, Nebraska, North Dakota, Ohio, and South Dakota) should also list any minor civil divisions that the stale deemed ineligible. For each eligible NEU that declined funding and requested a transfer to the state under Section 603(c)(4) of the Social Security Act, the state or territory must also attach a form signed by the NEU, as detailed in the Guidance on Distributions of Funds to Non -Entitlement Units of Local Government Coronavirus State and Laval Fiscal Recovery Funds Compliance and Repoding Guidance 0 US.DEPARRAEWCFTHETRE URY Appendix 1: Expenditure Categories Treasury's final rule provides greater flexibility and simplicity for recipients to fight the pandemic and support families and businesses struggling with its impacts, maintain vital services amid revenue shortfalls, and build a strong, resilient, and equitable recovery. As such, recipients began reporting on a broader set of eligible uses and associated Expenditure Categories ("EC"). starting with the April 2022 Project and Expenditure Report than they did in their interim reports, initial Recovery Plans, and January Project and Expenditure Report. The table below includes the new Expenditure Categories, as well as a reference to previous Expenditure Categories aligned with the interim final rule and used for reporting before this date. The Expenditure Categories (EC) listed below must be used to categorize each project as noted in Part 2 above. The term "Expenditure Category" refers to the detailed level (e.g., 1.1 COVID-19 Vaccination). When referred to as a category (e.g., EC 1) it includes all Expenditure Categories within that level. "Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence -based interventions (see Use of Evidence section above for details) ^Denotes areas where recipients must report on whether projects are primarily serving disproportionately impacted communities (see Project Demographic Distribution section above for details) Expenditure Category EC11 Previous 1: Public Health COVID-19 Mitigation 6 Prevention COVID-19 VaccinationA 1.1 1.1 COVID-19 Testin A 1.2 1.2 COVID-19 Contact Tracin A 1.3 1.3 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, Child care facilities, etc. 'A 1.4 1.4 Personal Protective E ui mentA 1.5 1.5 Medical Expenses(Including Alternative Care Facili ies A 1.6 1.6 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quaramiine)A 1.7 1.8 COVID-19 Assistance to Small Businesses" 1.8 COVID 19 Assistance to Non -Profits- 1.9 COVID-19 Aid to Impacted IndustriesA 1.10 Community violence Interventions Community Violence Interventions'A 1.11 3.16 Behavioral Health Mental Health Services"" 1.12 1.10 Substance Use Services'^ 1.13 1,11 Other Other Public Health Services" 1.14 1.12 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency 1 7 2: Negative Economic Impacts Assistance to Households Household Assistance: Food Programs'^ ¢ Under Me final rule tc be used starting with April 2022 reports 4 Under the interim final rule to be used in Interim Report and January 2022 Project and Expenditure Report Coronavirus Sete and Local Fiscal Recovery Funds compliance and Repoding Guidance 42 115. pFPARThIEMOF THE 1REASIIItY Expenditure Category Household Assistance: Rent Mortgage, and Utility Aid`" EV 2.2 PreviOLIS EV 2.2 Household Assistance: Cash Transfers`^ 2.3 1 2.3 Household Assistance: Internet Access Prograppi 2.4 1 2.4 Household Assistance: Paid Sick and Medical Leave" 2.5 Household Assistance: Health Insurance•" 2.6 Household Assistance: Services for Un/Unbanked•A 2.7 Household Assistance: Survivors Benefits" 2,g Unemployment Benefits or Cash Assistance to Unem to ed Workers•A Assistance to Unemployed or Underemployed Workers (e.g. job training, subsidized employment, employment supports or incentives)*" 2.10 2.7 Healthy Childhood Environments. Child Care`^ 2.11 3.6 Healthy Childhood Environments: Home Visitin •" 2.12 3.7 Healthy Childhood Environments: Services to Foster Youth or Families Invohaed in Child Welfare S stem•" 2.13 3.8 Healthy Childhood Environments: Early Leamin '" 2.14 3.1 Lon -term Housing Security: Affordable Housing- 2.15 3.10 Long-term Housing Securil : Services for Unhoused Persons•^ 2.16 3.11 Housing Support: Housing Vouchers and Relocation Assistance for DisproportionatelyImpacted Communities•^ 2.17 - Housing Support Other Housing Assistance•^ 2.18 -3.12 Social Determinants of Health: Community Health Workers or Benefits Navi ators`^ 2 19 3.1 4 Social Determinants of Health: Lead Remediatiorl 2.20 3A5 Medical Facilities for DisproportionatelyImpacted Communities" 2.21 Strong Healthy Communities: Neighborhood Features that Promote Health and Saf A' 2.22 Strong Healthy Communities: Demolition and Rehabilitation of Pro rties"- 2.23 Addressin Educational Disparities: Aid to High -Poverty Districts^ 2.24 3.2 Addressing Educational Disparities: Academic, Social, and Emotional Services`^ 2 25 3.3 Addressing Educational Disparities: Mental Health Services- 2.26 3.4 Addressing Impacts of Lost Instructional TimeA 2.27 Contributions to UI Trust Funds^ 2.28 28 Assistance to Small Businesses Loans or Grants to Mitigate Financial Hardshi A 2.29 2.9 Technical Assistance, Counseling, or Business Plannin '" 2.30 Rehabilitation of Commercial properties or Other Improvements' 2.31 Business Incubators and Start-Upor Expansion Assistance`^ 2.32 Enhanced Support to Microbusinesses•" 2.33 Assistance to: Non -Profits Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted)" 2 34 2.10 Aid to Impacted Industries Aid to Tourism, Travel, or Hos italic A 2.35 2.11 Aid to Other Impacted Industries" 2.36 2.12 Other Economic Impact Assistance: Other`^ 2.37 2.13 Household Assistance: Eviction Prevention•^ 2.5 Education Assistance: Other *A 3.5 Corona ims State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 43 U 5.OEPPRIAIENTOF iNETRE0.5nRY Expenditure Category ECII Previous EV Healthy Childhood Environments: Other'^ 3.9 Social Determinants of Health: Other'" 3.13 3: Public Health-Negativeg Economic Impact: Public Sector Capacity General Provisions Public Sector Workforce. Payroll and Benefits for Public Health, Public Safety,or Human Services Workers 3A 1.9 Public Sector Workforce: Rehiring Public Sector Staff 3.2 2.14 Public Sector Workforce: Other 3.3 Public Sector Capacity: Effective Service Delivery 3.4 T2 Public Sector Capacity: Administrative Needs 3.5 4: PlmmiumPa' Public Sector Employees 4.1 4.1 Private Sector. Grants to Other Employers 4.2 4,2 5: infrastructure Water and Sewer Clean Water: Centralized Wastewater Treatment 5.1 5.1 Clean Water: Centralized Wastewater Collection and Conveyance 5.2 5.2 Clean Water: Decentralized Wastewater 5.3 5.3 Clean Water: Combined Sewer Overflows 5.4 5.4 Clean Water: Other Sewer Infrastructure 5.5 5.5 Clean Water: Stormwater 5.6 5.6 Clean Water: Energy Conservation 5.7 5.7 Clean Water: Water Conservation 5.8 5.8 Clean Water: Nonpoint Source 5.9 5.9 Drinking water. Treatment 5.10 6.10 Drinking water. Transmission S Distribution 5.11 5.11 Drinking water: Lead Remediation, including in Schools and Da cares 5.12 5.12 Drinking water. Source 5.13 5.13 Drinking water: Storage 5.14 5.14 Drinking water: Other water infrastructure 5.15 5.15 Water and Sewer Private Wells 5.16 Water and Sewer: IIJA Bureau of Reclamation Match 5.17 Water and Sewer: Other 5.18 Broadband Broadband: "Last Mile" projects 5.19 5.16 Broadband: IIJA Match 5.20 Broadband: Other Projects 5.21 5.17 6: Revenue Replacement Provision of Government Services 6.1 6.1 Non-federal Match for Other Federal Programs 6.2 7: Administrative Administrative Expenses 7.1 7.1 Transfers to Other Units of Government 7.2 7.3 Transfers to Non -entitlement Units States and territories only) 7.4 Coronavims state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 41 US. CERMTMENTOFTHEMEASURY Treasury has prepared the additional guidance below to support recipients in implementing the new expenditure categories. This table includes only those previous expenditure categories that are changing under the new structure, aligned with the final rule. January 2022 Expenditure Categories April 2022 Guidance 1:. Public Health 1.7 Capital Investments or Physical Plant Changes EC removed, capital expenditures can be to Public Facilities that respond to the COVID- designated in any relevant PH-NEI EC 19 public health emergency (e.g., new hospital wing would be tracked under EC 1.4 1.8 Other COVID-19 Public Health Expenses EC is 1.7 (including Communications, Enforcement, Isolation/Quarantine 1.9 Payroll Costs for Public Health, Safety, and EC is 3.1 Other Public Sector Staff Responding to COVID-19 1.10 Mental Health Services' EC is 1.12 1.11 Substance Use Services' EC is 1.13 1.12 Other Public Health Services EC is 1,14 2: Negative Economic Impacts 2.5 Household Assistance: Eviction Prevention EC is now included as part of 2.2 2.6 Unemployment Benefits or Cash Assistance to EC is 2.9 Unemployed Workers' 2.7 Job Training Assistance (e.g., Sectoral job- EC is 2.10 training, Subsidized Employment, Employment Supports or Incentives'^ 2.8 Contributions to UI Trust Funds EC is 2.28 2.9 Small Business Economic Assistance If public -health related (e.g., providing (General)" rapid tests for small businesses), EC is 1.8; if related to negative economic impact eligible use (e.g., grants, technical assistance, rehabilitation, incubators, or microbusineases), EC is 2.29-2.33 2.10 Aid to Nonprofit Organizations' If public -health related (e.g., providing rapid tests for non -profits), EC is 1.9; if related to negative economic impact (e.g., grants to stabilize non-profit budget), EC is 2.34 2.11 Aid to Tourism, Travel, or Hospitality EC is 2.35 2.12 Aid to Other Impacted Industries EC is 2.36 2.13 Other Economic Support'" EC is 2.37, re -named Other Economic Impact 2.14 Rehiring Public Sector Staff EC is 3.2 3: Services to Disproportionately Impacted Communities 3.1 Education Assistance: Early Learning'^ EC is 2.14 3.2 Education Assistance: Aid to High -Poverty EC is 2.24 Districts A 3.3 Education Assistance: Academic Services'^ EC is 2.25, social and emotional services will now be tracked under this EC 3.4 Education Assistance: Social, Emotional, and EC is 2.26, if social and emotional Mental Health Services'" services EC is 2.25; Coronavirus Suats and Local Fiscal Recovery Funds Compliance and Reporting Guidance 45 U.S. DERARIMENT OF THE TREP RY January 2022 Expenditure Categories April 2022 Guidance 3.5 Education Assistance: Other'^ EC is 2.37, collected under Other Economic Impact 3.6 Healthy Childhood Environments: Child Care'" EC is 2.11 3.7 Healthy Childhood Environments: Home EC is 2,12 Visiti 3.8 Healthy Childhood Environments: Services to EC is 2,13 Foster Youth or Families Involved in Child Welters S stem'A 3.9 Healthy Childhood Environments: Other'A EC is 2.37, Collected under Other Economic Impact 3.10 Housing Support: Affordable Housing'" EC is 2.15 3.11 Housing Support: Services for Unhoused EC is 2.16 Persons'A 3.12 Housing Support: Other Housing Assistance'" EC is 2.18 3.13 Social Determinants of Health: Other *A EC is 2.37, collected under Other Economic Impact 3.14 Social Determinants of Health: Community EC is 2.19 Health Workers or Benefits Navi atoi 3. 55 Social Determinants of Health: Lead EC is 2.20 RemediationA 3. 66 Social Determinants of Health: Community EC is 1.11 Violence Interventions'^ 5: Infrastructure 5.16 Broadband: "Last Mile" projects EC is 5.19 5. 77 Broadband: Other projects EC is 5.20 7: Administrative 7.2 Evaluation and Data Analysis EC is 3.4 and has been renamed Effective Service Delivery 7.3 Transfers to Other Units of Government EC is Z2 7.4 Transfers to Non•entitlement Units (States and To be separately reported as part of terdtodes only) NEUINon-UGLG module. Refer to Part 2 Section D. Coronavirus State and Local Fiscal Recovery Funs Compliance and Reporting Guidance 46 U.S. CEPARRAENTOFTNETRE RY Appendix 2: Evidenced -Based Intervention Additional Information What is evidence -based? For the purposes of the SLFRF, with the exception of investments in educational services (see additional information below), evidence -based refers to interventions with strong or moderate evidence as defined below: Strong evidence means that the evidence base can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well -designed and well -implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes. Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions. The evidence base consists of one or more quasi -experimental studies with positive findings on one or more intended outcomes OR two or more non -experimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include: well -designed and well -implemented quasi -experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e., a similar population that does not receive the intervention). Preliminary evidence means that the evidence base can support conclusions about the program's contribution to observed outcomes. The evidence base consists of at least one non -experimental study. A study that demonstrates improvement in program beneficiaries over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn about and improve program operations would constitute preliminary evidence. Examples of research that meet the standards include: (1) outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries' responses at the end of the program; and (2) pre- and post-test research that determines whether beneficiaries have improved on an intended outcome. For investments in educational services, "evidence -based", consistent with the American Rescue Plan Act, has the meaning in section 6101(21) of the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. 6301 et seq.). Please see page 16 of this Fiecucntly Asked Questions resource on the Department of Education's Elementary and Secondary School Emergency Relief Programs and Govemor's Emergency Education Relief Programs for more information. Coronavlrus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance ch IT DEPARTMENT OF THE TREASURY Appendix 3: Expenditure Categories aligned with the Interim Final Rule 1A lic Health 'COVID-19 Vaccination" 1.2 COVID-19 Testing^ 1.3 COVID-19 Contact Tracing 1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools etc.' 1.5 Personal Protective Equipment 1.6 Medical Expenses (including Alternative Care Facilities) 1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency 1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/quarantine 1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVID-19 1.10 Mental Health Servicese 1.11 Substance Use Services' 1.12 Other Public Health Services 2: Negative 2.1 Economic Impacts Household Assistance: Food Programs`" 2.2 Household Assistance: Rent Mortgage. and Utility Ail " 2.3 Household Assistance: Cash Transfers' A 2.4 Household Assistance: Internet Access Programs' " 2.5 Household Assistance: Eviction Prevention` A 2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers' 2.7 Job Training Assistance (e.g., Sectoral job -training, Subsidized Employment, Employment Supports or Incentives)* A 2.8 Contributions to UI Trust Funds 2.9 Small Business Economic Assistance (General)" A 2.10 Aid to Nonprofit Organizations• 2.11 Aid to Tourism, Travel, or Hospitality 2,12 Aid to Other Impacted Industries 2.13 Other Economic Support' A 2.14 Rehiring Public Sector Staff 3.1 .r Education Assistance: Early Learning''^ , 3.2 Education Assistance: Aid to High -Poverty Districts ^ 3.3 Education Assistance: Academic Services' A 3.4 Education Assistance: Social, Emotional, and Mental Health Services' A 3.5 Education Assistance: Other* A 3.6 Healthy Childhood Environments: Child Care' " 3.7 Healthy Childhood Environments: Home Visiting' A 3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System " 3.9 Healthy Childhood Environments: Other* A 3.10 Housing Support: Affordable Housing' A 3.11 Housing Support: Services for Unhoused Persons' A Coronavirus state and Local Fiscal Recovery Funds Compliance and Reporting Guidance 48 US. ORRARTMENTOF THE TREASURY 3.12 Housing Support: Other Housing Assistance` ^ 113 Social Determinants of Health: Other* ^ 3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators- ^ 3.15 Social Determinants of Health: Lead Remediation A 3.16 4: Premium Social Determinants of Health: Community Violence Interventions` " Pay 4.1 Public Sector Employees 4.2 5: Infrastructure Private Sector: Grants to Other Employers 5.1 Clean Water: Centralized Wastewater Treatment 5.2 Clean Water: Centralized Wastewater Collection and Conveyance 5.3 Clean Water: Decentralized Wastewater 54 Clean Water: Combined Sewer Overflows 5.5 Clean Water: Other Sewer Infrastructure 5.6 Clean Water: Stormwater 5.7 Clean Water: Energy Conservation 5.8 Clean Water: Water Conservation 5.9 Clean Water: Nonpoint Source 5.10 Drinking water: Treatment 5.11 Drinking water: Transmission & Distribution 5.12 Drinking water: Transmission & Distribution: Lead Remediation 5.13 Drinking water. Source 5.14 Drinking water: Storage 5.15 Drinking water: Other waterinfrastruclure 6.16 Broadband: 'Last Mile' projects 5.17 Broadband: Other projects nue acement 1P Administrative fovisiono6Government Services 7.1 Administrative Expenses 7.2 Evaluation and Data Analysis 7.3 Transfers to Other Units of Government 17.4 Transfers to Non -entitlement Units (States and territories only) Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 49 F^ US Revision Log r. ' 1.0 June 17 2021 Initial publication 1.1 June 24. 2021 Pg. 12, removed references to "summary" level with respect to reporting by Expenditure Categories In the Interim Report to avoid confusion. • Pg, 13, revised the coverage period end date for the Interim Report from June 30, 2021 to July 31, 2021 to align with the IFR. Pg. 13, removed references to"summary' level with respect to reporting by Expenditure Categories in the Interim Report to avoid confusion. Pg. 31, removed references to "summary level" with respect to Expenditure Categories in Appendix 1 to avoid confusion. 1.1 September 30.2021 Announced the extension in the Project and Expenditure Report submission date, originally due on October 31, 2021. 2.0 November 5, 2021 Updated Subrecipient Monitoring section to clarify beneficiaries and recipients. Updated references to Interim Final Rule comment period as comment period is closed. Updated reporting tiers, thresholds and fimelines in Part 2 Table 2, Reporting Requirements by recipient type, as well as Part 2 A and Part 2 B. Updated reporting periods for Interim Report and Project and Expenditure reports. . Added wncept of Adopted Budget to Project and Expenditure Report data fields. • Noted phase in of Required Programmatic Data in the Project and Expenditure Report. Removed certain data fields from the Ineligible Activities: Tax Offset Provision under the Recovery Plan. Separated reporting of NEU Distributions (for States and territories) from the Interim Report and Project and Expenditure Reports as information will be provided on an ongoing basis. 2.1 November 15, 2021 . Updated pages 9 and 11 to note that civil rights certification is not applicable to Tribal Governments. 3.0 February 28, 2022 . Updated to incorporate reporting updates under the final rule 4.0 June 10, 2022 Updated Recovery Plan guidance to incorporate minor revisions • Updated language around certain data fields that were required for April 2022 reporting Updated data fields for Ineligible Activities: Tax Offset Provision forme Project and Expenditure report . Updated Broadband data fields 4.1 June 17, 2022 . Updated clerical emers in Ineligible Activities: Tax Offset Provision 4.2 August 15, 2022 Updated to clarify resources for Uniform Guidance applicability and add a reference to an alternative to the Single Audit available for eligible recipients 5.0 September 20, 2022 . Updated to note phase in of broadband location by location data fields Coronavirus State and Local Fiscal Recovery Funds Complianr and Reporting Guidance 50 0 113 West Mountain Street Fayelle ik Aft 72701 (479)575-e323 Resolution: 270-22 File Number: 2022-1009 PEACE AT HOME FAMILY SHELTER SUBRECIPIENT AGREEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF S686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, the Peace in Home Family Shelter submitted an application requesting $686,500.00 in American Rescue Plan Act funds for the expansion of the safety shelter for survivors of domestic violence; and WHEREAS, the expansion will include 3 additional shelter bedrooms with bathrooms which will allow Peace at Home to provide safe, emergency shelter in approximately 60 additional adults and children Fleeing domestic violence each year; and WHEREAS, the Subrecipient Agreement would provide funding in the amount of$696,500.00 for the rehabilitation and construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorims Mayor Jordan to sign a Subrecipient Agreement with Peace at Home Family Shelter to provide the amount of rpr wwta�llnaox ftsW .220-22 FIN N.m .. 2022-1008 $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency shelter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 11/152022 Approv d: Attest: O`JG�f'RK w", FAME?-VILLE ioneld Jord yor Kara Paxton, City Clerk Treasu&(%' : 'k4NSK` ''tilh4ii,;.; Wn Pg 2 PN,Mm114"2 City of Fayetteville, Arkansas 113 West Nsstusn street Fayeaevllle. AR 72701 (479) 5r58323 Text File File Number: 2022-1009 Agenda Date: 11115/2022 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: G5 PEACE AT HOME FAMILY SHELTER SUBRECIPIENT AGREEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, the Peace at Home Family Shelter submitted an application requesting $686,500.00 in American Rescue Plan Act funds for the expansion of the safety shelter for survivors of domestic violence; and WHEREAS, the expansion will include 3 additional shelter bedrooms with bathrooms which will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year; and WHEREAS, the Subrecipient Agreement would provide funding in the amount of $686,500.00 for the rehabilitation and construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan w sign a Subrecipient Agreement with Peace at Home Family Shelter to provide the amount of $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency shelter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Lny W HyetNrtlM, Arxmeae Pape 1 IsHnied— Legistar ID No.: 2022-1009 AGENDA REQUEST FORM FOR: Council Meeting of November 15, 2022 FROM: Council Member Sarah Bunch ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT APPROVED FOR AGENDA: Ciq Council Meinber Sarah Bunch City Attorney it Williams Approved as to form Date Batker, Jodi From: Bunch, Sarah Sent: Tuesday, November 01, 2022 11:21 AM To- Batker, Jodi; Williams, Kit; Blake Pennington; Paxton, Kara Subject: Re: Resolution Jodi, Sorry, I am just now getting back to you on this. Please consider this email my approval of the Resolution as attached, and see that it gets added to our agenda. Call me if you need anything else. Sarah Bunch From: Batker, Jodi <jbatker@fayetteville-ar.gov> Sent: Thursday, October 27, 2022 4:03 PM To: Bunch, Sarah <sarah.bunch@fayeneville-ar.gov> Cc: Williams, Kit<kwilliams@fayetteville-ar.gov> Subject: Resolution Sarah, Attached the requested Resolution for the Peace at Home Shelter for your review. If there are no changes needed, I've attached the Agenda Request for your signature. Thank you. Jodi Batker Paralegal 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 57SM13 ibatker@fayetteville-ar.gov SIB Facebook I Twitter I Instagram I YouTube RESOLUTION NO. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, the City of Fayetteville has received funding from the American Rescue Plan Act (ARPA) invited non-profit organizations to submit proposals for projects to fund with the available ARPA funding; and WHEREAS, the Peace at Home Family Shelter submitted an application requesting $686,500.00 in American Rescue Plan Act funds for the expansion of the safety shelter for survivors of domestic violence; and WHEREAS, the expansion will include 3 additional shelter bedrooms with bathrooms which will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year; and WHEREAS, the Subrecipient Agreement would provide funding in the amount of $686,500.00 for the rehabilitation and construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a Subrecipient Agreement with Peace at Home Family Shelter to provide the amount of $686,500.00 in American Rescue Plan Act funds to fund the expansion of the emergency shelter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED this 15' day of November, 2022. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) I Errors Budget Year Division Adjustment Number /Org2 Non -Departmental (800) 2022 Requestor: Council Member Sarah Bunch UDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A SUBRECIPIENT AGREEMENT WITH PEACE AT HOME FAMILY SHELTER FOR THE EXPANSION OF THE EMERGENCY SHELTER FOR SURVIVORS OF DOMESTIC VIOLENCE UTILIZING AMERICAN RESCUE PLAN ACT FUNDS IN THE AMOUNT OF $686,500.00, AND TO APPROVE A BUDGET ADJUSTMENT. COUNCIL DATE: 11/15/2022 LEGISTAR FILE ID#: 2022-1009 KenrGwsprt#tger 1012712022 4:31 PM Budget Director Dote TYPE: JOURNAL#: D - (City Council) GLOATE: RESOLUTION/ORDINANCE CHKD/POSTED: / TOTAL 686,500 686,500 v.2D221019 Increase / (Decrease) Project Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2246.800.9729-5315.00 686,500 - 20023 2021 EX "Contract Services 2246.800.9246-4309.01 - 686,500 20023 2021 RE Federal Grants -Operational HAButlget AOWitme MM22_13utlget\CITY COUNCIL\f 1-0I-M\M22-10D9 - BA ARPA PEACE AT HOME Expandng Safe Shelter. sm I off CIT OF FAYETTEVILLE CITY OF FAYETTEVILLE ' ARKANSAS AMERICAN RESCUE PLAN ACT 2022 SUBRECIPIENT GRANT APPLICATION NOTE: Submission of a Subrecipient Grant Application provides no guarantee that the applicant will receive funding. All organizations selected to receive funds will be subject to entering into a contract with the City of Fayetteville and subject to the rules and regulations pertaining to the American Rescue Plan Act. Please review the City of Fayetteville American Rescue Plan Act 2022 Subrecipient Grant Application Guide for more information on the required items listed in this application. PART 1 APPLICANT IDENTIFICATION Total Amount of Funding Requested (whole dollar) [Minimum $50,000] $686,500 Applicant/Organization Name Peace at Home Family Shelter Mailing Address street, i, zip) c PO Box 10946, Fayetteville, AR 72703 Organization Website www.peaceathomeshetter.org DUNS Number 029494593 Organization FEIN/SSN 71-0552563 PART 2 APPLICANT CONTACT INFORMATION Contact for Project (name & title) Teresa Mills, CEO Contact Phone Number 479-444.8310 Contact Email tmills@peaceathomeshelter.com Signature Authority (name, title & email address) Teresa Mills, CEO tmills@peaceathomeshelter.com PART 3 PROJECT INFORMATION Project Name Expanding Safe Shelter for Survivors of Domestic Violence Project Address (street, city, zip) 3045 E Ivey Ln, Fayetteville, AR 72764 American Rescue Plan Act PART PROJECT INFORMATION continued Is anyone with control over the Organization (i.e. owner, manager, director, board member, or other) or any Q yes O No member of that person's immediate family, an employee or elected official of the City of Fayetteville If Yes, above, please identify Blake Pennington, Assistant City Attorney person and position with the (Peace at Home board member) ( City The ongoing COVID-19 pandemic has made it more difficult and dangerous for victims of domestic violence seeking to flee Project Summary abusive homes. Peace at Home Family Shelter proposes a (brief synopsis of proposed renovation project to create 3 additional shelter bedrooms with project) bathrooms. This will allow Peace at Home to provide safe, emergency shelter to approximately 60 additional adults and children fleeing domestic violence each year. As the first domestic violence shelter in the state of Arkansas, Peace at Home Family Shelter has been providing safe, Describe previous emergency shelter to survivors of domestic violence and their experience in providing children since 1979. In addition to safe shelter, Peace at Home similar services also provides housing assistance, counseling, legal services exclusively to survivors of domestic violence and their children. In total, we serve over 1,000 individuals each year. cally be Programs will typThe funded for a timea period not n period requested project will be for rehabilitation and construction to exceed 12 months from costs in order to increase the physical capacity of our emergency the signed date of the shelter for survivors of domestic violence. We are already subrecipient agreement. working with an architect for this and other projects and would be Please describe your able to quickly begin construction to meet the limited time frame organization's ability to plan required.and utilized requested funds within that timeframe. American Rescue Plan Act PART 4 PROJECT BENEFICIARIES Projected number of Fayetteville beneficiaries 60 per year Because the federal rules vary depending on the type of project for which funds are being requested, the city has grouped project requests in 3 focus categories: Social Services, Economic, and Environmental. Please choose the corresponding category below that most closely identifies your project. PART 4A SOCIAL SERVICES APPLICATIONS ONLY Will ALL beneficiaries live, work and/or go to school in O Yes ONo Fayetteville Will ALL beneficiaries meet US Treasury Low to O Yes ONo Moderate Income (LMI) Guidelines (please see Application Guide, Exhibit A. Will ALL beneficiaries have been negatively impacted by O Yes ONo COVID-19 Does this request respond to a negative COVID-19 O Yes ONo Impact? If answering Yes to the COVID-19 has made it more dangerous for victims of domestic question above, please violence to flee abusive homes and avoid homelessness. The describe the COVID-19 Final Rule lists victims of domestic violence as a population impact and how this proposal will aid in disproportionately negatively impacted by COVID-19 (page 19). responding to the impact This proposal will increase our community's capacity to provide safe emergency housing for a vulnerable population. Please indicate how the As a project providing emergency housing assistance, this proposed project meets project is enumerated in the Final Rule as eligible to respond to eligibility standards and requirements described in the impacts of the pandemic on households and communities. the Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds American Rescue Plan Act PART 4B ENVIRONMENTAL APPLICATIONS ONLY Please describe the effect of the proposed environmental impact or benefit. Please indicate how the proposed project meets eligibility standards under the EPA's Clean Water State Revolving Fund C( WSRF), Drinking Water State Revolving Fund (DWSRF), or eligible projects as described in Department of Treasury's Final Rule for Coronavirus State and Local Fiscal Recovery Funds. See Subrecipient Application Guide for more information. PART 4C ECONOMIC APPLICATIONS ONLY Please describe the residents or industry sector This project will exclusively serve survivors of domestic violence this grant request is intended and their children in our community. As a project providing to serve or benefit. Please emergency housing assistance, this project is enumerated in the indicate how the proposed Final Rule as eligible to respond to the impacts of the pandemic project meets eligibility standards and requirements on households and communities. described in the Department of Treasurys Final Rule for Coronavirus State and Local Fiscal Recovery Funds. Does this request respond to O Yes O No a negative COVID-19 impact COVID-19 has made it more dangerous for victims of domestic violence to flee abusive homes and avoid homelessness. The Final Rule lists victims of domestic violence as a population If yes, please describe the disproportionately negatively impacted by COVID-19 (page 19). COVID-19 impact and how This proposal will aid in the City's economic recovery by meeting this proposal will aid in the City's economic recovery temporary housing needs for a vulnerable p ry 9 population so they have the stability to find or maintain employment and permanent housing in our community and achieve self-sufficiency. American Rescue Plan Act PART 5 FAYETTEVILLE BUSINESS LICENSE City Code Chapter 118 Business Registry and Licenses delineates what businesses are required to have a Fayetteville Business License. Submission of this grant application indicates that, if required, a current business license is in place. PARTS SIGNATURE OF SIGNATURE AUTHORITY AND DATE I am an authorized employee/agent of the applicant organization and I am authorized to submit this application. I have read and reviewed the American Rescue Plan Act documentation. I understand that as a subrecipient of the City of Fayetteville's American Rescue Plan Act funds, I will be responsible for maintaining records, complying with provisions of the subrecipient agreement, and providing any/all records and information necessary for the City of Fayetteville to report on this award. All applications and documentation are subject to disclosure pursuant to the Arkansas Freedom of Information Act. All documentation may be provided to Federal and/or Stale government agencies for accounting and auditing purposes. 6 r -✓,— Teresa A. Mills CEO 3/29/2022 Naame/iitle/Date American Rescue Plan Act PART 7 ORGANIZATION DESCRIPTION Provide a brief description of your organization and the services offered. Year of Incorporation � 1977 The mission of Peace at Home Family Shelter is to empower victims of domestic violence to survive and thrive by nurturing their self-determination and courage and to promote healthy relationships and compassionate communities through Philosophy, Purpose and/or education, outreach, and advocacy. Mission Statement Peace at Home Family Shelter believes that everyone deserves to feel safe in their own homes. We operate with an empowerment philosophy centered on the rights of survivors of domestic violence to be the decision makers of their own lives. Provide a brief description of your organization including information about programs and/or services other than the proposed project. Peace at Home Family Shelter helps survivors of domestic violence and their children safely escape abusive homes and rebuild their lives. In addition to providing immediate safe shelter, our program connects survivors with the resources they need to transition out of shelter and into long-term safe housing. Our programs have five components working together to help survivors transition from homes of violence to homes of safety. 24 Hour Hotline — First, Peace at Home operates a 2417 crisis hotline and email inbox. Our crisis hotline is available in Spanish and English and serves as the entry point for clients. Hotline advocates assist callers with community referrals, safety planning, coming into shelter, and our additional programs. In 2021, we received 1,205 calls from members of our community seeking help. Emergency Shelter -- The emergency shelter has 14 rooms available for women, men, children, and any person escaping violence. Bilingual staff are available to provide onsite assistance to clients. On average, families stay 45 days in shelter as they work on their individualized goals (90 day maximum stay). Peace at Home was able to provide emergency shelter to 151 individuals in the community in 2021, a reduced capacity due to COVID-19 and renovations to make the shelter safer for families during the on -going pandemic. Advocacy -- While staying in shelter, clients are offered advocacy services to help them reach their goals. Advocates meet daily with clients to develop and implement self-sufficiency plans. American Rescue Plan Act PART 7 ORGANIZATION DESCRIPTION continued These plans are built around the current strengths of a survivor and provide steps to achieving long-term goals such as employment or affordable housing. The purpose is to empower survivors to overcome their unique barriers such as education skill gaps, scarce work histories, unreliable transportation, career planning, affordable child-care, and self-confidence. Peace at Home maintains partnerships with life -skill agencies such as the Credit Counseling of Arkansas and Dress for Success. These agencies provide critical support for the clients to meet the variety of employment and financial goals that they have towards achieving a safe life. The Institute for Women's Policy Research indicates that 73% of respondents said that they had stayed with an abusive partner longer than they wanted or returned to them for economic reasons. Working together, advocates eliminate barriers that might keep survivors economically or emotionally dependent on a violent partner. These advocacy services are also open to individuals in the community who are not currently living at our shelter but are survivors of domestic violence in need of assistance. Housing Assistance — Survivors of domestic violence in our emergency shelter and in our community also have access to support from our Home Restored and SHE housing assistance programs. These program provides direct financial support, landlord advocacy, budgeting skills, and case management to help families find permanent housing in the community that meets their long-term needs. In 2021, Peace at Home was able to provide housing -related assistance to 160 families. Legal Services — Peace at Home has an onsite staff attorney and a bilingual advocate to assist shelter residents and outreach clients with legal needs. Our legal services department enables Peace at Home to provide survivors of domestic violence with legal representation for divorce cases, child custody issues, and orders of protection as well as legal advocacy and financial assistance for legal fees. In 2021, Peace at Home provided legal services to 537 clients. Mental Health/Emotional Support Services - Peace at Home employs a full-time bilingual counselor and partners with the University of Arkansas Doctorate Program in Psychology as a site for doctoral candidates in clinical psychology. These mental health professionals provide one-on-one and parent/child counseling to clients of Peace at Home free of charge. In 2021, Peace at Home provided direct counseling services to 94 individuals in our community. All of our services are free of charge, personalized to meet individual survivor needs, and voluntary. American Rescue Plan Act PART 8 PROJECT BUDGET Provide a descriptive line -item budget for the entire project including the American Rescue Plan Act (ARPA) funds being requested. Provide specific information on how American Rescue Plan Act funds will be used and include any necessary supporting documentation. Please indicate whether any American Rescue Plan Act funds have been requested or received from other sources, and if so, provide detailed information on the source and proposed use of those funds. Please indicate how you will spend all awarded ARPA funding by the project end date. Peace at Home Family Shelter - Rehabilitation Project to Add Capacity Budget (based on estimates received from WER Architects) Construction: 1000 sf ($235 per sf renovation costs) - $235,000 1250 sf ($300 per sf building addition costs) - $375,000 Escalation - $18,000 FF&E - $35,000 Design/Engineering/Suweys/Geotech - $23,500 TOTAL PROJECT BUDGET: $686,500 Spending by Project Date - The requested funds will be for a building rehabilitation project and will be expensed within the project timeline on the above line items. Other ARPAR Requests - Peace at Home Family Shelter has requested $25,000 in ARPAR funding from the Emergency Food and Shelter Program to support emergency shelter operations. American Rescue Plan Act PART 9 PROJECT DESCRIPTION Describe the proposed project and provide the information requested under PART 9 of the American Rescue Plan Act 2022 Subrecipient Application Guide. Please provide any additional information that will assist in evaluating the project. What Project Will Do This project will increase the capacity of the emergency shelter for survivors of domestic violence by renovating and expanding a section of the existing shelter building to add three additional client rooms and bathrooms. This project will involve converting an existing storage space into client rooms while expanding out to replace the lost storage. Currently, Peace at Home Family Shelter has capacity for up to 14 households (survivors and their children) at the emergency shelter (40-55 people). This project would permanently increase that capacity to 17 households. Allowing approximately 60 additional individuals to access emergency shelter every year. COVID-19 has negatively impacted victims of domestic violence, as many individuals have lost employment and social supports to help them successfully leave abusive relationships. In 2022, Peace at Home received 1,205 calls from individuals seeking support in our community, an increase from pre -pandemic 2019 numbers of 24%. As more individuals are requesting shelter services, Peace at Home Family Shelter also had to change shelter operations due to COVID-19. Now, clients no longer share rooms or bathrooms to help prevent the spread of illness. While this change was necessary to protect the health of families in shelter, it reduced capacity for emergency shelter. The completion of this project will recover lost capacity and allow Peace at Home to safely shelter more families. Peace at Home operates with a waiting list for emergency shelter due to insufficient capacity and high community need. This project is in alignment with the City of Fayetteville's Master Plan goals #1 and #6 as it involves the rehabilitation of an existing building and increasing access to housing. Execution of Project This is a building rehabilitation project that will involve the addition of three additional family rooms to Peace at Home's emergency shelter. If approved for funding, the construction would take place within the 12-month timeframe and services would continue for families residing in the newly expanded shelter. Peace at Home Family Shelter is already working with WER Architects on this project and, if approved for funding, would be able to complete the rehabilitation within the required time frame. How Beneficiaries are Selected Peace at Home Family Shelter advertises and operates a 24-hour crisis hotline, email help address, and limited online chat for individuals in the community to reach out to us for assistance. American Rescue Plan Act PART 9 PROJECT DESCRIPTION continued When a person contacts us for services, our only requirement is that they are a survivor of domestic violence and have a need for services. For the emergency shelter, someone must be either fleeing intimate partner violence or homeless as a result of recent intimate partner violence. Our emergency shelter program defiines'recent' as within the past three months. Per best practices laid out by the National Network to End Domestic Violence, no additional verifications are required. When a new client arrives at the shelter, they complete intake paperwork with an advocate. Services Provided In addition to meeting immediate needs for shelter, each emergency shelter client is assigned to a primary advocate who works with them to identify and work towards individualized goals for self-sufficiency and recovery from domestic violence. These goals can include: acquiring permanent housing, increasing income, rebuilding social support networks, legal needs, and mental wellbeing. Many of these needs can be addressed through Peace at Home's in-house programs, but advocates also offer robust community referrals to help clients connect with the community at large. Verification of Final Rule Qualification As a project providing emergency housing, this project is an enumerated in the Final Rule as a qualifying project. While there is no income requirement for emergency shelter services for victims of domestic violence, anyone seeking shelter at a domestic violence organization is considered homeless under Housing and Urban Development (HUD) Category 4 definition and is a presumed benefit clientele population assumed to be Low to Moderate Income according to Community Development Block Grant HUD regulations. Benefit of Project— Limited Assistance and Creating Self -Sufficiency This project will enhance Peace at Home Family Sheller's capacity to provide immediate, life-saving emergency shelter to survivors of domestic violence and their children at a time when survivors are more in need of shelter and our capacity has been reduced (both because of the ongoing COVID-19 pandemic). In addition to this immediate assistance, the individualized advocacy provided to all residents of Peace at Home's emergency shelter allows individuals to work towards and obtain self-sufficiency and thrive in our community. How Project will Further Philosophy and Purpose This project will further Peace at Home Family Shelter's philosophy and purpose by increasing our capacity to provide clientcentered safe shelter and supportive services to survivors of domestic violence and their children in our community. With increased capacity, our emergency shelter can serve more families in need every day and help make our community a safe and thriving place for all of our neighbors. American Rescue Plan Act 10 PART 10 PROJECT TIMELINE Provide a complete and specific timeline for all activities related to proposed project. Project Timeline Upon Award Notification (0-3 months) - Finalize design details with WER Architects, receive bids from construction contractors and select a contractor for the project. 3 Months-9 Months into Project - Complete construction and renovation of shelter space to add 3 additional client rooms with bathrooms and replace storage area. 9 Months - 12 Months (if not completed sooner) - Ensure all construction is completed and payments are processed. Acquire and install all necessary furniture, fixtures, and equipment. Complete inspection. Open rooms up to survivors of domestic violence seeking safe shelter. American Rescue Plan Act 11 PART 11 DATA COLLECTION, RECORD MAINTENANCE, AND REPORTING Describe how the organization will collect data and maintain records to track program activities and eligibility verification. Please also describe your organization's ability to produce required documentation including financial reports, performance reports, progress reports, expenditure information, etc. Data Collection and Maintenance Peace at Home Family Sheller utilizes a database system built for victim service organizations by Osnium called WomensShelter for all client and program tracking information, including program activities and client eligibility. This database is used to generate reports for any grant requirements and to assess program effectiveness. Data is collected by advocate staff members of Peace at Home at intake and on an ongoing basis throughout the client's stay. Organizational Capacity Peace at Home has extensive experience managing federal grants, including grants as a recipient and sub -recipient from the Department of Justice, Department of Health and Human Services, and the Department of Housing and Urban Development. Peace at Home employs a full-time Chief Financial Officer (CFO) to oversee all finances, including financial reporting for grants. The CFO is a certified public accountant and successfully manages all necessary reporting for grants and ensure appropriate accounting for all restricted funding. American Rescue Plan Act 12 PART 12 PROJECT EVALUATION I OBJECTIVES AND OUTCOMES List the objectives (not activities) of the proposed project. Describe how each objective will be measured to determine if it has been met Use the following format Objective #: Outcome(s): Method of Measurement: Objective: More survivors of domestic violence and their children have access to safe, emergency housing in order to flee abusive homes. Outcome: 60 more individuals will receive safe shelter in the 12 months following completion of the rehabilitation than in the 12 months previous, increasing the shelter's capacity by 25%. Method of Measurement: Shelter stays are logged in our database system and the previous 12 months before the rooms were added can be compared to a period of time after the additional rooms are opened to measure an increase in capacity for safe shelter. Objective: More survivors of domestic violence will have access to individualized advocacy and support to help them overcome barriers to independence. Outcome: Peace at Home advocates will provide an average of 14 hours of individualized advocacy services to each household staying in the shelter, providing support in commonly identified needs, including: safety planning, emotional support, resource referrals, legal support, budgeting, and transportation. Method of Measurement: Hours of advocacy services are logged in the database system and can be pulled in aggregate for all shelter clients. American Rescue Plan Act 13 PART 13 PARTIAL FUNDING Indicate whether the project can proceed with partial funding. If YES, indicate the minimum amount the applicant will accept with line items arranged from highest to lowest priority. Describe the impact that partial funding will have on the project. If NO the project will not be considered for partial funding Yes, the project could proceed with partial funding. Given the limited 12-month time frame, the project would need to be funded at a minimum of 75% in order to move forward. The impact of partial funding could potentially be redirecting needed funds away from important programs serving survivors of domestic violence in our community in order to fill the budget gap and move forward. Line Item Breakdown - All line items are equally necessary for funding as all are necessary aspects of the rehabilitation project. American Rescue Plan Act 14 PART 14 ADDITIONAL DOCUMENTATION CHECKLIST Please provide these items with your application. See page 10 of the 2022 American Plan Act Subrecipient Application Guide for more information l zAccessibility Narrative ✓Board of Directors Bylaws ❑✓ Certificate of Good Standing Financial Audit (see Application Guide for more information) ZIntake Fortes ZNon-Profit Status Verification [IRS 501(c)(3) letter, IRS form 990 or 990-F2, etc.] QResumes ✓❑System Award Management (SAM) registration In/ Status of Funding (if applicable) Z Additional Documentation Checklist (this page) ❑ Additional Information American Rescue Plan Act 15