CARES Act Coronavirus Relief Fund for State, Local and Tribal Governments

ICR 202107-1505-002

OMB: 1505-0264

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Removed
Form and Instruction
Removed
Form and Instruction
Modified
Supplementary Document
2021-07-01
Supporting Statement A
2021-07-01
ICR Details
1505-0264 202107-1505-002
Received in OIRA 202005-1505-004
TREAS/DO
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.

PL: Pub.L. 116 - 136 601(b)(1) Name of Law: CARES Act
  
PL: Pub.L. 116 - 136 601(a)(1) Name of Law: Coronavirus Aid, Relief, and Economic Security Act

Not associated with rulemaking

No

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 192 0 192 0 -950 950
Annual Time Burden (Hours) 48 0 48 0 -1,900 1,900
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
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.

$0
No
    No
    No
No
No
No
Yes
Molly Stasko 202 868-2972 [email protected]

  No

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.
07/01/2021


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