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4390 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations
<br /> Overview of General Standards more cost effective than construction of request further information on SLFRF
<br /> In considering whether a capital a new,larger facility. The needs of expenditures and projects,including
<br /> expenditure would be eligible under the communities differ,and recipients are capital expenditures,as part of the
<br /> public health and negative economic responsible for identifying uses of regular SLFRF reporting and
<br /> impacts eligible use category,recipients SLFRF funds that best respond to these compliance process,including to assess
<br /> must satisfy the requirements for all needs. The Written Justification their eligibility under the final rule.
<br /> uses under the public health and recognizes this while also establishing The Written Justification should (1)
<br /> negative economic impacts eligible use consistent documentation and reporting describe the harm or need to be
<br /> category,including identifying an to support monitoring and compliance addressed; (2) explain why a capital
<br /> impact or harm and designing a with the ARPA and final rule. Finally, expenditure is appropriate to address
<br /> response that addresses or responds to the Written Justification also reflects the the harm or need;and (3)compare the
<br /> the identified impact or harm. fact that infrastructure projects are proposed capital expenditure against
<br /> Responses must be reasonably designed generally not within scope of this alternative capital expenditures that
<br /> to benefit the individual or class that eligible use category. See section Uses could be made. The information
<br /> experienced the impact or harm and Outside the Scope of this Category in required for the Written Justification
<br /> must be related and reasonably General Provisions: Other. reflects the framework applicable to all
<br /> proportional to the extent and type of As noted above,Tribal governments uses under the public health and
<br /> impact or harm.Recipients should are not required to complete the Written negative economic impacts eligible use
<br /> consult further details on this standard Justification for projects with total category,providing justification for the
<br /> provided in the sections Standards: capital expenditures of$1 million or reasonable design,relatedness,and
<br /> Designating a Public Health Impact and greater. Tribal governments generally reasonable proportionality of the capital
<br /> Standards:Designating a Negative have limited administrative capacity expenditure in response to the harm or
<br /> Economic Impact under General due to their small size and impact identified.
<br /> Provisions: Structure and Standards. corresponding limited ability to 1. Description of harm or need to be
<br /> In addition to the framework supplement staffing for short-term addressed:Recipients should provide a
<br /> programs. In addition,Tribal description of the specific harm or need
<br /> described above, for projects with total governments are already subject to to be addressed,and why the harm was
<br /> expected capital expenditures of$1 unique considerations that require exacerbated or caused by the public
<br /> million or greater,recipients must complete and meet the substantive additional administrative processes and health emergency.When appropriate,
<br /> administrative burden for Tribal recipients may provide quantitative
<br /> requirements of a Written Justification government decision making,including information on the extent and type of
<br /> for their capital expenditure, except for Tribal governments as discussed below. capital expenditures. Tribal the harm,such as the number of
<br /> governments generally are subject to a individuals or entities affected.
<br /> This Written Justification helps clarify jurisdictionally complex sets of rules 2.Explanation of why a capital
<br /> the application of this interpretive and regulations in the case of expenditure is appropriate:Recipients
<br /> framework to capital expenditures, improvements to land for which the title should provide an independent
<br /> while recognizing that the needs of is held in trust by the United States for assessment demonstrating why a capital
<br /> communities differ.In particular,this a Tribe (Tribal Trust Lands).250 This expenditure is appropriate to address
<br /> justification reflects the fact that the time required for a large construction includes the requirement in certain the specified harm or need.This should
<br /> circumstances to seek the input or include an explanation of why existing
<br /> project may make capital expenditures approval of one or more federal agencies capital equipment,property, or facilities
<br /> less responsive to pandemic-related such the Department of the Interior, would be inadequate to addressing the
<br /> needs relative to other types of which holds fee title of Tribal Trust harm or need and why policy changes
<br /> responses. In addition,as discussed in Lands. or additional funding to pertinent
<br /> section Timeline for Use of SLFRF As a result of their limited programs or services would be
<br /> Funds of this Supplemental administrative capacity and unique and insufficient without the corresponding
<br /> Information, SLFRF funds must be complex rules and regulations capital expenditures. Recipients are not
<br /> obligated by December 31, 2024 and applicable to Tribal governments required to demonstrate that the harm or
<br /> expended by December 31, 2026. operating on Tribal Trust Lands,Tribal need would be irremediable but for the
<br /> Capital expenditures may involve long governments would experience additional capital expenditure;rather,
<br /> lead-times, and the Written Justification significant and redundant they may show that other interventions
<br /> may support recipients in analyzing administrative burden by also being would be inefficient, costly,or
<br /> proposed capital expenditures to required to complete a Written otherwise not reasonably designed to
<br /> confirm that they conform to the Justification for applicable capital remedy the harm without additional
<br /> obligation and expenditure timing expenditures.While Tribal governments capital expenditure.
<br /> requirements. Further,such large are not required to complete the Written 3. Comparison of the proposed capital
<br /> projects may be less likely to be justification for applicable capital expenditure against alternative capital
<br /> reasonably proportional to the harm expenditures,the associated substantive expenditures:Recipients should provide
<br /> identified. For example,construction of requirements continue to apply, an objective comparison of the proposed
<br /> a new,larger public facility for the including the requirement that a capital capital expenditure against at least two
<br /> purpose of increasing the ability to expenditure must be reasonably alternative capital expenditures and
<br /> socially distance generally would not be designed to benefit the individual or demonstrate why their proposed capital
<br /> considered a reasonably proportional class that experienced the identified expenditure is superior to alternative
<br /> response compared to other less time- impact or harm and must be related and capital expenditures that could be
<br /> and resource-intensive options that may reasonably proportional to the extent made. Specifically,recipients should
<br /> be available and would be equally or and type of impact or harm.Note that, assess the proposed capital expenditure
<br /> more effective. Other solutions, such as as a general matter,Treasury may also against at least two alternative types or
<br /> improvements in ventilation,could be sizes of capital expenditures that are
<br /> made more quickly and are typically 250 See 25 U.S.C.5108. potentially effective and reasonably
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