CARES Act Coronavirus Relief
Fund for State, Local and Tribal Governments
Reinstatement without change of a previously approved
collection
No
Emergency
07/06/2021
07/01/2021
Requested
Previously Approved
6 Months From Approved
192
0
48
0
0
0
On March 27, 2020, the President
signed the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act), Pub. L. No. 116-136. Section 601(a)(1) of the Social
Security Act as added by section 5001 of the CARES Act provides
$150 billion for the U.S. Department of the Treasury (Treasury) to
make payments to States (defined to include the District of
Columbia, Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana
Islands, and American Samoa), Tribal governments, and certain
eligible local governments with more than 500,000 residents to
assist with necessary expenditures incurred due to the Coronavirus
Disease 2019 (COVID–19) pandemic. Section 601(b)(1) of the Social
Security Act as added by section 5001 of the CARES Act provides
that not later than 30 days after March 27, 2020, the Secretary
shall pay each State and Tribal government, and eligible local
government.
Pursuant to the Office
of Management and Budget (OMB) procedures established at 5 CFR
1320, Treasury requests that the following collection of
information regarding the Coronavirus Relief Fund be processed in
accordance with section 1320.13 Emergency Processing. Treasury has
determined that this information must be collected prior to the
expiration of time periods established under Part 1320, and that
this information is essential to the Treasury’s ability to
effectively implement the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act; P.L. 116-136), addressing the economic
disruption stemming from the posed by the Novel (new) Coronavirus
(COVID-19). The CARES Act established the Coronavirus Relief Fund,
which provides $150 billion in direct assistance for domestic
governments. The CARES Act allocates $8 billion to Tribal
governments. The CARES Act provides that not later than 30 days
after March 27, 2020, the Treasury shall pay each State and Tribal
government and eligible local government. Treasury has not been
permitted to make payments to Tribal governments that are Alaska
Native Corporations (ANCs) while litigation regarding their
eligibility for payment was pending. This litigation was resolved
by the Supreme Court’s ruling on June 25, 2021, in Yellen v.
Confederated Tribes of the Chehalis Reservation, that ANCs are
included as Tribal governments for purposes of the Coronavirus
Relief Fund. Treasury requires the ability to collect payment
information from ANCs in order to expedite payments so that ANCs
may use the funds to respond to the public health emergency. Given
the short timeframe for implementing the new legislation, Treasury
is unable to consult with the public prior to issuing the forms;
however, Treasury has ample experience designing other similar
forms in a way that is clear and minimizes burden, and a similar
form was approved previously under 1505-0264. Treasury requests
approval of the submission by July 6, 2021. Given the inability to
seek public comment during such a short timeframe, Treasury
requests a waiver from the requirement to publish notice in the
Federal Register seeking public comment during the period of OMB
review.
Treasury has not been permitted
to make payments to Tribal governments that are Alaska Native
Corporations (ANCs) while litigation regarding their eligibility
for payment was pending. This litigation was resolved by the
Supreme Court’s ruling on June 25, 2021, in Yellen v. Confederated
Tribes of the Chehalis Reservation, that ANCs are included as
Tribal governments for purposes of the Coronavirus Relief Fund. As
a result, there is an increase in burden of 48 hours due to the
need to collect payment information from ANCs.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.