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4448 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations
<br /> (1)That is wholly owned by one or require for the administration of this program, service,or capital expenditure
<br /> more Tribal governments,or by a section. In addition to regular reporting is eligible under this paragraph(b)(1) if
<br /> corporation that is wholly owned by one requirements,the Secretary may request a recipient identifies a harm or impact
<br /> or more Tribal governments; or other additional information as may be to a beneficiary or class of beneficiaries
<br /> (2)That is owned in part by one or necessary or appropriate,including as caused or exacerbated by the public
<br /> more Tribal governments,or by a may be necessary to prevent evasions of health emergency or its negative
<br /> corporation that is wholly owned by one the requirements of this subpart.False economic impacts and the program,
<br /> or more Tribal governments, if all other statements or claims made to the service, or capital expenditure responds
<br /> owners are either United States citizens Secretary may result in criminal,civil, to such harm.
<br /> or small business concerns,as these or administrative sanctions,including (ii)A program, service, or capital
<br /> terms are used and consistent with the fines,imprisonment,civil damages and expenditure responds to a harm or
<br /> definitions in 15 U.S.C. 657a(b)(2)(D). penalties, debarment from participating impact experienced by an identified
<br /> Tribal government means the in Federal awards or contracts, and/or beneficiary or class of beneficiaries if it
<br /> recognized governing body of any any other remedy available by law. is reasonably designed to benefit the
<br /> Indian or Alaska Native Tribe,band, beneficiary or class of beneficiaries that
<br /> nation,pueblo,village, community, §35.5 Use of funds. experienced the harm or impact and is
<br /> component band, or component (a)In general.A recipient may only related and reasonably proportional to
<br /> reservation,individually identified use funds to cover costs incurred during the extent and type of harm or impact
<br /> (including parenthetically) in the list the period beginning March 3, 2021,and experienced.
<br /> published on January 29, 2021,pursuant ending December 31, 2024,for one or (2)Identified harms:Presumptions of
<br /> to section 104 of the Federally more of the purposes enumerated in impacted and disproportionately
<br /> Recognized Indian Tribe List Act of sections 602(c)(1) and 603(c)(1) of the impacted beneficiaries.A recipient may
<br /> 1994 (25 U.S.C. 5131). Social Security Act,as applicable, rely on the following presumptions to
<br /> Unemployment rate means the U-3 including those enumerated in§35.6, identify beneficiaries presumptively
<br /> unemployment rate provided by the subject to the restrictions set forth in impacted or disproportionately
<br /> Bureau of Labor Statistics as part of the sections 602(c)(2) and 603(c)(2) of the impacted by the public health
<br /> Local Area Unemployment Statistics Social Security Act,as applicable. emergency or its negative economic
<br /> program,measured as total (b) Costs incurred.A cost shall be impacts for the purpose of providing a
<br /> unemployment as a percentage of the considered to have been incurred for response under paragraph(b)(1) or(b)(3)
<br /> civilian labor force. purposes of paragraph(a) of this section of this section:
<br /> Unemployment trust fund means an if the recipient has incurred an (i)Households or populations that
<br /> unemployment trust fund established obligation with respect to such cost by experienced unemployment;
<br /> under section 904 of the Social Security December 31, 2024. experienced increased food or housing
<br /> Act(42 U.S.C. 1104). (c)Return of funds.A recipient must insecurity; qualify for the Children's
<br /> Unit of general local government has return any funds not obligated by Health Insurance Program (42 U.S.C.
<br /> the meaning given to that term in December 31, 2024. A recipient must 1397aa et seq.),Childcare Subsidies
<br /> section 102(a)(1) of the Housing and also return funds obligated by December through the Child Care and
<br /> Community Development Act of 1974 31, 2024 but not expended by December Development Fund Program(42 U.S.C.
<br /> (42 U.S.C. 5302(a)(1)). 31, 2026. 9857 et seq. and 42 U.S.C. 618), or
<br /> Medicaid(42 U.S.C. 1396 et seq.);if
<br /> §35.4 Reservation of authority,reporting. §35.6 Eligible uses. funds are to be used for affordable
<br /> (a)Reservation of authority.Nothing (a)In general. Subject to §§35.7 and housing programs,qualify for the
<br /> in this part shall limit the authority of 35.8, a recipient may use funds for one National Housing Trust Fund(12 U.S.C.
<br /> the Secretary to take action to enforce or more of the purposes described in 4568) or the Home Investment
<br /> conditions or violations of law, paragraphs (b)through(f) of this Partnerships Program(42 U.S.C. 12721
<br /> including actions necessary to prevent section. et seq.);if funds are to be used to
<br /> evasions of this subpart. (b)Responding to the public health address impacts of lost instructional
<br /> (b)Extensions or accelerations of emergency or its negative economic time for students in kindergarten
<br /> timing.The Secretary may extend or impacts.A recipient may use funds to through twelfth grade, any student who
<br /> accelerate any deadline or compliance respond to the public health emergency did not have access to in-person
<br /> date of this part,including reporting or its negative economic impacts if the instruction for a significant period of
<br /> requirements that implement this use meets the criteria provided in time;and low-and moderate-income
<br /> subpart,if the Secretary determines that paragraph(b)(1) of this section or is households and populations are
<br /> such extension or acceleration is enumerated in paragraph(b)(3) of this presumed to be impacted by the public
<br /> appropriate. In determining whether an section;provided that,in the case of a health emergency or its negative
<br /> extension or acceleration is appropriate, use of funds for a capital expenditure economic impacts;
<br /> the Secretary will consider the period of under paragraphs (b)(1) or (b)(3) of this (ii) The general public is presumed to
<br /> time that would be extended or section,the use of funds must also meet be impacted by the public health
<br /> accelerated and how the modified the criteria provided in paragraph(b)(4) emergency for the purposes of providing
<br /> timeline would facilitate compliance of this section. Treasury may also the uses set forth in subparagraphs
<br /> with this subpart. articulate additional eligible programs, (b)(3)(i)(A) and(b)(3)(i)(C); and
<br /> (c)Reporting and requests for other services,or capital expenditures from (iii) The following households,
<br /> information.During the period of time to time that satisfy the eligibility communities, small businesses,and
<br /> performance,recipients shall provide to criteria of this paragraph (b),which nonprofit organizations are presumed to
<br /> the Secretary periodic reports providing shall be eligible under this paragraph be disproportionately impacted by the
<br /> detailed accounting of the uses of funds, (b). public health emergency or its negative
<br /> modifications to a State or Territory's (1)Identifying eligible responses to economic impacts:
<br /> tax revenue sources,and such other the public health emergency or its (A)Households and populations
<br /> information as the Secretary may negative economic impacts. (i)A residing in a qualified census tract;
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