USDA and SBA to hold Teleconference on Paycheck Protection Program for Tribes

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Today, the Small Business Administration (SBA) and U.S. Department of Agriculture (USDA) announced that they will be hosting teleconference this Sunday (4/26) on accessing Round 2 of the Paycheck Protection Program (PPP) funding. Tribes, tribal leaders, tribal business concerns, and tribal stakeholders are invited to participate in this teleconference. SBA will share up-to-date information on the PPP. USDA will provide information about its funding and programmatic responses to COVID-19 and ongoing collaborative efforts with SBA. NAFOA will share relevant guidance for tribes and tribal business concerns regarding access to PPP and other COVID-19 response resources.

Sunday, April 26, 2020
5:00 – 5:45 pm ET
Toll-Free Call-in number: 844-291-5491
Passcode: 2989742 ResourcesPPP Interim Final Rule (4/24)  
 The CARES Act: Sec. 1102 – Paycheck Protection Program 
 SBA Site: The Paycheck Protection Program
 Paycheck Protection Program FAQ (4/23/20)
 Native Owned Banks

 
 
Agenda:

Welcome:  Diane Cullo, Director, USDA’s Office of Tribal Relations
                  Shawn Pensoneau, Assistant Administrator, Office of Native American Affairs, SBA

Remarks: Tyler Fish, Senior Policy Advisor and Tribal Liaison, Executive Office of the President, The White House

Programmatic Remarks: Small Business AdministrationUSDA Rural DevelopmentNAFOAQ&A:Tribal leaders, tribal governments, businesses, and other tribal stakeholder participants

Closing Remarks

Background:
The Paycheck Protection Program is a loan program within the CARES Act that allows businesses with fewer than 500 employees to apply for loans to cover payroll and other operational expenses that have been disrupted due to the COVID-19 pandemic. This loan is forgivable if the awardee ensures that the funds were used for their intended purposes over the covered period.

NCAI is Now Accepting Applications for COVID-19 Relief Support

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With the generous support of our donors, NCAI is providing financial relief support to tribes affected by COVID-19 through Indian Country’s COVID-19 Response Fund. If you are a tribe in need you my access information on applying for support by clicking the link below.  

http://www.ncai.org/Covid-19/Get-Involved/apply-for-ncai-funding

FEMA Advisory: Coronavirus Pandemic: Additional $100 million available to Firefighters

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FEMA ADVISORY – APRIL 24, 2020                                                              Coronavirus Pandemic: Additional $100 million available to FirefightersFire service organizations nationwide with membership on the front lines in the fight against the coronavirus (COVID-19) pandemic will soon be able to apply for a share of $100 million in funding to purchase personal protective equipment and supplies. The funding is part of the Coronavirus Aid Relief and Economic Security (CARES) Act through FEMA Assistance for Firefighters Grant Program (AFGP).FEMA will begin accepting applications for the Fiscal Year 2020 Assistance to Firefighters Grant – COVID-19 Supplemental Program (AFG-S) on Tuesday, April 28. The deadline for applications is May 15. AFG-S provides direct financial assistance to eligible fire departments, nonaffiliated emergency medical service organizations and state fire training academies. Those who would like to start planning their application before the application period can access the Notice of Funding Opportunity and technical assistance tools on the FEMA website. The online AFG-S Grant Program application is available through the AFGP FEMA Grants Outcomes (GO) application portal.Contact UsIf you have questions about the technical assistance tools, e-mail the AFG Grants Help Desk or call at (866) 274-0960. The AFG Help Desk is open from 8 a.m. to 5 p.m. EDT, Monday – Friday. If you have questions regarding this FEMA advisory, please contact FEMA Office of External Affairs, Congressional and Intergovernmental Affairs Division:

Follow UsFollow FEMA on social media at: FEMA online, on Twitter @FEMA or @FEMAEspanol, on FEMA Facebook page or FEMA Espanol page, and at FEMA YouTube channel.Also, follow Administrator Pete Gaynor on Twitter @FEMA_Pete.FEMA MissionTo help people before, during, and after disasters.

FEMA_Advisory_COVID19_AFG_Supplemental_Final_20200424Download
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Paycheck Protection Program Eligibility Expanded

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Today, the Small Business Administration (SBA) published an interim final rule including a change to their guidance regarding the Paycheck Protection Program (PPP) that would make most tribal gaming operations eligible for the program.
The PPP is a loan program within the CARES Act that allows businesses with fewer than 500 employees to apply for loans to cover payroll and other operational expenses that have been disrupted due to the COVID-19 pandemic. This loan is forgivable if the awardee ensures that the funds were used for their intended purposes over the covered period. Resources

The original guidance suggested that most tribal gaming operations would be ineligible to participate in the program if these businesses derived over 50% of their revenues from gaming. Tribes and states with legal gaming enterprises worked hard to oppose this limited and arbitrary criteria for inclusion within the program.  
The new interim final rule removes the criteria and states that “a business that is otherwise eligible for a PPP Loan is not rendered ineligible due to its receipt of legal gaming revenues, and 13 CFR 120.110(g) is inapplicable to PPP loans.” 
Paycheck Protection Program Tribal Strategy

  • Seek a financial services provider that is local or seek out a nationally-chartered bank like Native American Bank. 
  • Seek loans through Native owned banks and CDFI’s that are providing SBA 7(a) loans: Native Owned Banks
Paycheck_Protection_Program_Frequently_Asked_QuestionsDownload
Interim_Final_Rule_on_Requirements_for_Promissory_Notes_Authorizations_Affiliation_and_EligibilityDownload

DEFENDANT’S CONSOLIDATED OPPOSITION TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

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DEFENDANT’S CONSOLIDATED OPPOSITION TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Defendant Steven Mnuchin, in his official capacity as Secretary of the Treasury, hereby files this memorandum in opposition to the Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 3) (“Chehalis Motion” or “Chehalis Chehalis Mot.”) filed by Plaintiffs Confederated Tribes of the Chehalis Reservatoin, Tulalip Tribes, Houlton Band of Maliseet Indians, Akiak Native Community, Asa’carsarmiut Tribe, and Aleut Community of St. Paul Island….READ THE FULL PLAINTIFF REPLY

Members of the public or media who wish to access the hearing on Plaintiffs’ Motion for a Temporary Restraining Order scheduled for today, April 24, 2020, at 3:00 p.m., may now access the hearing by dialing the court’s toll-free public access line: (877) 848-7030, access code 321-8747.
Plaintiffs-replyDownload

State Shelter In Place

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Alaska
Gov. Mike Dunleavy is allowing personal services businesses and restaurants in most parts of Alaska to reopen Friday, but with restrictions. Hair salons can only admit customers by reservation. Restaurants will have to keep distances between tables and can’t exceed 25% of their normal capacity. The city of Anchorage is delaying the new rules until Monday.Dunleavy says Alaska is not in a rush to reopen, but is responding to a low infection rate in the state and a belief that they can quickly isolate any future outbreaks. “You’ll see the numbers go up,” he said, “but you want to look at the bed capacity, the numbers recovered, and a whole host of other metrics.”Dunleavy has said that Alaskans can again schedule elective surgeries for on or after May 4 and visit their doctors for non-urgent needs.

California

Gov. Gavin Newsom issued a stay-at-home order on March 19 that has no set end date.However, the state will begin allowing scheduled surgeries. Newsom emphasized the surgeries being phased back in are important medical procedures like heart surgery or removing cancerous tumors that should not be neglected. Elective procedures like cosmetic surgery are still not a priority.This will begin the first phase of a return to normalcy in California.However, California is pulling back on issuing permits for events and activities, including protests, at all state facilities, according to the California Highway Patrol.Newsom announced a joint Western States Pact with Oregon Governor Kate Brown and Washington Governor Jay Inslee on April 13.

Idaho

Gov. Brad Little amended his order April 15 to allow for some businesses and facilities to reopen for curbside pickup, drive-in and drive-thru service and for mailed or delivery services. It is now effective through the end of the month. The governor issued an “Order to Self-Isolate” which will expire on April 30 unless extended.Little said that the measures were working and Idaho is “truly seeing a flattening of the curve.””Our goal is for most businesses to open after the end of the month, but with the understanding that it may not be possible if there’s an upward trend in severe Covid-19 cases in Idaho between now and then,” Little said.

Montana

Gov. Steve Bullock has announced a gradual and phased reopening of the state beginning April 26 for individuals, and extending to businesses April 27. Main street and retail businesses can become operational on or after April 27 if they adhere to requirements to limit capacity and maintain strict physical distancing. Restaurants, bars, breweries, and distilleries can begin providing some in-establishment services beginning May 4.Businesses where groups gather without the ability to social distance including movie theaters, gyms and other places of assembly will remain closed.Montana’s travel quarantine will remain in effect, and out of state travelers and residents arriving from another state or country back to Montana for non-work related purposes are required to quarantine for 14 days.

Oregon

Gov. Kate Brown issued an executive order directing Oregonians to stay at home that “remains in effect until ended by the governor.”Brown announced a joint Western States Pact with California Gov. Gavin Newsom and Washington Gov. Jay Inslee on April 13.”This is not a light switch going on or off,” Brown told CNN’s Anderson Cooper on April 14. “This is going to be making a change, testing it, modeling it, seeing whether it works, and then if it does, you can make another change.”Brown said she would not ease restrictions before seeing five components in place: declining growth rate of active cases, sufficient personal protective equipment, surge capacity in hospitals, increased test capacity, contact tracingand isolating positive cases, and strategies to protect vulnerable communities.

Washington

Gov. Jay Inslee extended Washignton’s stay-at-home order until May 4, saying “We are yet to see the full toll of this virus in our state and the modeling we’ve seen could be much worse if we don’t continue what we’re doing to slow the spread.”Inslee announced a joint Western States Pact with California Gov. Gavin Newsom and Oregon Gov. Kate Brown on April 13. Before deciding on when to reopen the state, Inslee said during an interview with Katy Tur on MSNBC that there would need to be an “enormous expansions” of coronavirus testing capabilities, a way to trace the spread in communities, and “for the president to recognize that these decisions really are going to be made by governors.”

URGENT LEGISLATIVE ALERT: SBA PPP AMENDMENT NEED TO INCLUDE SMALL TRIBAL GAMING OPERATIONS UNDER PAYCHECK PROTECTION PROGRAM

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National Indian Gaming Association Member Tribes
FR:Ernie Stevens, Jr., ChairmanJason Giles, Executive DirectorDanielle Her Many Horses, Deputy Director/General Counsel 
RE:Request to National Indian Gaming Association Member Tribes for Legislative Support
DA:April 15, 2020
On March 13, 2020, President Trump that the Coronavirus (COVID-19) was a National Disaster, which has resulted in an unprecedented National COVID-19 Public Health Emergency and Economic Crisis. “This pandemic has the potential to cause severe consequences for our country’s national and economic security” President Trump warned. The President called upon the State, Local, and Tribal Governments to coordinate with the Federal Government to fight COVID-19. 
As the National COVID-19 Public Health Emergency unfolded, based upon guidance from the Centers for Disease Control (CDC), President Trump issued Coronavirus Guidelines for America: 30 Days to Stop the Spread, on March 29, 2020 advising Americans to: “Avoid Social Gatherings in groups of 10 or More People. 
Indian Gaming and Tribal Governments
Indian gaming is Indian hospitality, whereby Indian tribes invite visitors to come to Indian lands for recreation, entertainment, relaxation and social gatherings. Tribal Governments are responsible governments, and Indian nations and tribes answered the call of the President, the CDC, and State Governors to temporarily close public facilities, including Indian gaming casinos and resorts. Tribal Governments have joined the national effort to “shelter-in-place” to allow the Coronavirus to pass over the American people. 
Indian gaming is Tribal Government gaming, which generates funding for essential tribal government services including: Education, Health Care, Law Enforcement and Public Safety, Fire Protection, Water and Sanitation, Child and Elder Care, Cultural Centers and Museums. Through Indian gaming, Tribal Governments create jobs, hundreds of thousands of jobs: 315,000 direct jobs and more than 700,000 direct and indirect jobs. In rural areas, much of Indian gaming is small business, with less than 500 employees. 
Accordingly, when Congress established the Paycheck Protection Program for Indian tribes, Tribal Governments were pleased that Indian Gaming employees should be protected by the CARES Act. The Paycheck Protection Program is designed to save jobs and business operations. Congress created the new program to give any business, including 
“any … Tribal business concern described in section 31(b)(2)(c),” that meets the 500 employee or industry size standards necessary resources to preserve employee jobs during this time. Under the heading “Increased Eligibility,” Congress extended coverage of the program to “any business” under the size threshold, and expressly included “any … Tribal business concern” that meets the HUB Zone program definition of Tribally owned business, codified at 15 U.S.C. §637a(b)(2)(C). The relevant provision of the CARES Act is below: 
SEC. 1102. PAYCHECK PROTECTION PROGRAM. 
(a) IN GENERAL.—Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended— … (2) by adding at the end the following…“(36) PAYCHECK PROTECTION PROGRAM.—…‘‘(D) INCREASED ELIGIBILITY FOR CERTAIN SMALL BUSINESSES AND ORGANIZATIONS.—‘‘(i) IN GENERAL.—During the covered period, in addition to small business concerns, any business concern, nonprofit organization, veterans organization, or Tribal business concern described in section 31(b)(2)(C) shall be eligible to receive a covered loan if the business concern, nonprofit organization, veterans organization, or Tribal business concern employs not more than the greater of—‘‘(I) 500 employees; or‘‘(II) if applicable, the size standard in number of employees established by the Administration for the industry in which the business concern, nonprofit organization, veterans organization, or Tribal business concern operates.” 
Yet, a few days after Congress and the President enacted the CARES Act, the SBA released its Interim Final Rule on April 2, 2020 (Docket No. SBA-2020-0015) based upon its Standard Operating Procedure (“SOP”). SBA’s rule does not comply with the statute because it included limitations on small business coverage from its Standard Operation Procedure, including 13 C.F.R. 120.110, including those that generate more than one-third of their revenue from legal gambling, directly conflicts with the increased eligibility for all Tribal business concerns provided in the statute. This time of National Emergency is no time for SOPs, as Congress provided in the establishment of Increased Eligibility for the Paycheck Protection Program in the CARES Act.
Numerous Senators and Congressmen wrote to Treasury and SBA requesting an administrative clarification that would remove the restriction on legal gaming from 13 C.F.R. 120.110. On Monday, SBA issued its clarification, which instead of removing the regulatory rule, merely amends it to permit “Mom and Pop” businesses that earn 
$1,000,000 or less per year. That does not provide regulatory relief to small tribal gaming and we can no longer wait for further regulatory relief, given the lack of understanding of the SBA at the “tribal consultation” call on April 14, 2020.
Please send the Attached Letter to Your Senators and Congressmen As Soon As Possible because Congress has the next COVID-19/CARES Act+ Legislation Under consideration now. We can no longer wait for the SBA to come to its senses.
Please reach out to Danielle Her Many Horses at dhermanyhorses@indiangaming.org if you have any questions or need additional information. 
Thank you for all that you do to protect and preserve Indian gaming and Indian sovereignty.
Alert-on-SBA-PPP-Small-Tribal-Gaming-Congress-Letter_4-15-20_Download

Treasury Portal Will Open Monday Morning April 13, 2020

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Dear Tribal Leaders,
ATNI has been notified by the BIA Regional Office that, with regards to the CARES Act funding distribution, the Treasury portal will open Monday morning, April 13, 2020 and will remain open through Friday April 17th. The Treasury Portal will allow you to provide your tribal data.
Please be prepared to verify your bank account information as well as the following data:
1. Enrollment

2. Acreage 

3. Number of employees


Further guidance from Treasury may be issued next week. When we learn of it, we will share it with you.


Respectfully,


Leonard Fosman, PresidentAffiliated Tribes of Northwest Indians

Tribal Consultations on CARES ACT Paycheck Protection Program and Employee Retention Credit, Tuesday, April 14 , 2020

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U.S. Department of the Treasury Tribal Consultations-CARES Act

Tuesday, April 14, 2020

Tribal Consultation regarding Tribal Employers’
Participation in the CARES Act Paycheck Protection Program

1:30 p.m. ET to 2:30 p.m. ET

Tribal Consultation regarding Tribal Businesses’
Eligibility for the CARES Act Employee Retention Credit

3:00 p.m. ET to 4:00 p.m. ET

The Department of the Treasury (Treasury Department) will hold Tribal Consultations on Tuesday, April 14, 2020, to engage tribal leaders wishing to comment on two provisions of the CARES Act:  1) the Paycheck Protection Program, and 2) the Employee Retention Credit.

These meetings are Tribal Consultations with primary tribal leaders or their designee.  The Tribal Consultations are off the record and not for press purposes.  Primary tribal leaders are invited to provide comments and questions.

The Tribal Consultation on Tribal Employers’ Participation in the CARES Act Paycheck Protection Program will be held Tuesday, April 14, 2020, from 1:30 p.m. ET to 2:30 p.m. ET.  The consultation will be held jointly with the U.S. Small Business Administration (SBA).

Tribes have requested that Treasury and the SBA host a tribal consultation to provide comments regarding tribal employers’ participation in the Paycheck Protection Program administered by the Small Business Administration, in consultation with the Treasury Department.  Treasury and the SBA welcomes the opportunity to hear from tribal leaders about this matter.

Primary tribal leaders are invited to address their concerns to Treasury.  When joining the call, please let the operator know that you are a primary tribal leader and would like to make comments.  All others are invited to join in listen-only mode.

Call-in number and passcode:  1-877 917-4910, code 8047202

Conference number:  1204792

The Tribal Consultation on Tribal Employers’ Eligibility for the CARES Act Employee Retention Credit will be held Tuesday, April 14, 2020, from 3:00 p.m. ET to 4:00 p.m. ET

Tribes have requested that the Treasury Department and the IRS clarify whether tribal businesses are eligible to claim the Employee Retention Credit under the CARES Act.  This tax credit encourages eligible employers not participating in the Paycheck Protection Program and that operated a trade or business to keep their employees on payroll, despite experiencing economic hardship related to COVID-19.  Eligible employers may qualify for a refundable tax credit that partially reimburses them for the wages that they pay their employees, up to specified limits.  Treasury welcomes the opportunity to hear from tribal leaders about this matter.

Primary tribal leaders are invited to address their concerns to Treasury.  When joining the call, please let the operator know that you are a primary tribal leader and would like to make comments.  All others are invited to join in listen-only mode.

Call-in number and passcode:  1-888 957-9845, code 1480655

Conference number:  1204890

If you have difficulty registering or have any other inquiries concerning the Listening Session meeting, please email tribal.consult@treasury.gov.

Written comments are always welcome at tribal.consult@treasury.gov.  If you have any questions, please email us at tribal.consult@treasury.gov.  

Announcement-Tribal-Consultations-PPP-Employee-Retention-Credit-4142020Download

Yours truly,

Michael Faulkender

Treasury Point of Contact for Tribal Consultation

SBA: Paycheck Protection Program

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Dear Valued Partner,

Attached is the latest documents around the Paycheck Protection Program including the new lender application form and additional questions on the Treasury FAQ’s.

We would like to share this information widely, so please feel free to share with your networks and resource partners.  I appreciate all the efforts your team is continuing to do in assisting small businesses during these challenging times.

New Documents:  

New Lender Application Form (Non-Bank and Non-Insured Depository Institution Lenders) See attached PDF.

Federally insured banks, credit unions, and farm credits should continue submitting new lender applications to DelegatedAuthority@sba.gov.

Additional questions were added to the FAQ document. (Questions 19 & 20)

Misc. Info:

E-Tran Pro Tip:  Be careful when entering passwords to E-Tran. Encourage your team members to enter passwords carefully. Repeated attempts to enter a password into the system can result in temporary account suspension (due to security protocols) requiring password reset.

Lender Assistance Hotline: (833) 572-0502

Find a lender tool: https://www.sba.gov/paycheckprotection/find

Information for lenders can always be found at www.sba.gov/paycheckprotection and www.treasury.gov/cares

How to request change to info on sba.gov website: www.sba.gov/support (file a ticket)

Previous docs:

Affiliation Rules: https://www.sba.gov/sites/default/files/2020-04/Affiliation%20rules%20overview%20%28for%20public%29%20v2.pdf

Interim Final Rule (IFR) on affiliation: https://www.sba.gov/sites/default/files/2020-04/SBA%20IFR%202_1.pdf

FAQ on Faith-based Orgs and PPP: https://www.sba.gov/sites/default/files/2020-04/SBA%20Faith-Based%20FAQ%20Final.pdf

Interim Final Rule:  https://www.sba.gov/sites/default/files/2020-04/PPP–IFRN%20FINAL_0.pdf

Borrower Application: https://www.sba.gov/sites/default/files/2020-04/PPP%20Borrower%20Application%20Form.pdf

PPP Loan Guaranty Form: https://www.sba.gov/sites/default/files/2020-04/PPP%20Lender%20Application%20Form_0.pdf

New Lender Application For Federally insured depository institutions, federally insured credit unions, and Farm Credit System institutions (other than the Federal Agricultural Mortgage Corporation)

(Submit to delegatedauthority@sba.gov) https://www.sba.gov/sites/default/files/2020-04/PPP–Agreement-for-New-Lenders-Banks-Credit-Unions-FCS-w-seal-fillable.pdf

Shawn D. Pensoneau

Assistant Administrator

Office of Native American Affairs

U.S. Small Business Administration

(202) 205-6411

Cell (202) 713-6363

shawn.pensoneau@sba.gov

PPP-Agreement-for-New-Lenders-Non-Bank-Non-Insured-Depository-Institution-Lenders-w-seal-fillable_0-1Download
SBA-Hor-2



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