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: 
(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.

Treasury Portal Will Open Monday Morning April 13, 2020

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.


Leonard Fosman, PresidentAffiliated Tribes of Northwest Indians

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

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.  

Yours truly,

Michael Faulkender

Treasury Point of Contact for Tribal Consultation

SBA: Paycheck Protection Program

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 toolhttps://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 websitewww.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.govhttps://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



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Webinar Hosted by the American Bar Association on COVID-19’s Impact on Indian Country

April 7, 2020
Please join a Webinar Hosted by the American Bar Association on COVID-19’s Impact on Indian CountryAll tribal leaders are encouraged to attend a three-part webinar tomorrow, Wednesday, April 8, 2020, to hear about the COVID-19 crisis and impact to Indian Country from the health and economic perspectives. DATE: Wednesday, April 8, 2020TIME: 3:00 p.m. – 5:00 p.m. DESCRIPTION:The COVID-19 crisis is affecting Native American tribes and urban communities in ways that are unique to this population in terms of health challenges, economic impact, and legal issues. This webinar will discuss how Native Americans are being impacted through this crisis both from a health perspective and an economic perspective. This webinar will be segmented into three parts: (1) discussion of the provisions in the stimulus packages that are directed to Native communities; (2) discussion of the unique health and operational challenges in both rural and urban Native communities; and (3) the economic and legal impact of COVID-19 both in the short-term and long-term in tribal communities. Welcome Remarks:Judy Perry Martinez – President, American Bar Association; Of Counsel, Simon, Peragine, Smith & Redfearn Moderator:Mary L. Smith – Secretary, American Bar Association; Past President, National Native American Bar Association Speakers:

  • Kevin Allis – Chief Executive Officer, National Congress of American Indians 
  • Stacy Bohlen – Executive Director, National Indian Health Board
  • Elizabeth Coronado – Staff Attorney, Health and Human Services, Lummi Indian Business Council
  • Jerilyn LeBeau Church – Chief Executive Officer, Great Plain Tribal Chairmen’s Health Board   
  • Dr. Charles W. Grim – Secretary of Health, Chickasaw Nation Department of Health
  • Virginia Hedrick – Executive Director, California Consortium for Urban Indian Health Justice
  • Doreen N. McPaul – Attorney General, Navajo Nation, Department of Justice
  • Naomi Miguel – Professional Staff, House Committee on Natural Resources, Subcommittee for Indigenous Peoples of the United States 
  • Bryan T. Newland – President, Bay Mills Indian Community of Michigan 

Register HERE:https://americanbar.zoom.us/webinar/register/WN_XqItgnjrQUy8cDtqSj5VJg

Review the website: https://www.americanbar.org/groups/crsj/events_cle/program-archive/covid-native-americans/

FEMA CARES Act Consultation and Procurement Training

Tribal partners,

Please see the attached Dear Tribal Leaders letter regarding consultation happening this Thursday, April 2 and next Thursday, April 9 on developing a methodology and formula to allocate the $8 billion to tribal governments through the CARES Act. 

Also attached is information on upcoming training on Procurements Under Grants During Periods of Emergency or Exigency. This 1-hour training will help participants understand how to properly contract during emergency or exigent circumstances when using federal funds. 

The training will be offered four times at 1:30pm Pacific using Phone Number: 1-888-270-9936 Access Code: 101-7496 and AdobeConnect webinar using the links below:

3/31/2020 – Link

4/3/2020 – Link

4/7/2020 – Link

4/10/2020 – Link

Please let us know if you have any questions. 


Tribal Affairs Team

FEMA Region 10

130 – 228th St SW

Bothell, WA 98021

Tel 425.487.4917


COVID-19 New Notice Of Funding Opportunity for Tribes

Dear Tribal Leader,

The Centers for Disease Control and Prevention (CDC) is pleased to announce that at least $40 million is available for a new non-competitive notice of funding opportunity (NOFO) to reach all Title I and Title V tribal nations with funding to respond to the 2019 novel coronavirus (COVID-19).

The anticipated NOFO publication date is March 30, 2020.

Though this is a non-competitive grant, there are immediate, required actions (which can take 3-14 business days) that you can take now to avoid delays in accessing, applying for, and receiving awards.

Act now to ensure your organization has these steps completed and is eligible prior to submitting your application:

  1. Obtain a Data Universal Numbering System (DUNS)
    • D-U-N-S Number assignment is FREE for all businesses required to register with the US Federal government for contracts or grants. If one does not exist for your business location, it can be created within 1 business day.
    • For additional help, contact SAMHelp@dnb.com or call 1-866-705-5711.
  2. Register for a System for Award Management (SAM) account
    • You will need your organization’s DUNS number and Tax ID number or Employer Identification Number (EIN).
    • If you are already registered, please ensure that your account is active at least through June 2020.
    • Reference Registration instructions for SAM and the SAM Quick Start Guide for additional information.
    • For help, contact the supporting Federal Service Desk (FSD) at https://www.fsd.gov/ or call 1-866-606-8220. 
  3. Register your organization on Grants.gov
    • Before applying for a funding opportunity, you need to register an account with Grants.gov which can be completed in minutes.
    • Reference the Grants.gov Online Help Portal for additional information. 
    • For help, contact suppoprt@grants.gov or call 1-800-518-4726.

Based on input from the Department of Health and Human Services (HHS), the Indian Health Service (IHS), and tribal partners and stakeholders, CDC is taking a multifaceted approach to provide COVID-19 funding to Indian Country. This approach aims to get public health resources out quickly during the COVID-19 declared emergency and enable broad access and opportunity for COVID-19 resources across tribal nations. This approach also reflects the statutory requirements of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (P.L. 116-123). 

On behalf of CDC, I look forward to working with you to ensure Indian Country has resources to prevent, prepare for, and respond to COVID-19.

Please contact TribalCOVIDnofo@cdc.gov for additional information and questions.



José T. Montero, MD, MHCDS

Director, Center for State, Tribal, Local, and Territorial Support

Centers for Disease Control and Prevention

White House’s Indian Country COVID-19 Response Team

Dear Tribal Leaders, Public Health Officials, and Indian Country Professionals,

Good afternoon, I’ve had the pleasure to visit with many of you since our conference call last week. Thank you for your correspondence on the critical issues your communities are facing in light of the COVID-19 pandemic. I will continue to touch base with each of you who have reached out as quickly as possible.  

The Indian Country COVID-19 Response Team is continuing to engage through the Tribal Leaders  and Urban Indian Organization Leaders Conference call hosted by the Indian Health Service on Thursdays at 3:30PM. This week, in addition to our regular updates from Admiral Weahkee, we are featuring presentations from the Federal Emergency Management Agency* and the Small Business Administration on disaster assistance resources managed by the agencies. The agenda is available HERE and I encourage you all to join us to continue our dialogue. 

Access information is as follows: 

Date: Thursday, March 26, 2020

Time: 3:30 p.m. – 5:00 p.m. (Eastern)

Conference Call: 800-857-5577

Participant Passcode:  6703929

Webinar Adobe Connecthttps://ihs.cosocloud.com/r4k6jib09mj/

Participant Password: ihs123

* Please see the recent guidance offered by FEMA for Tribal recipients of disaster assistance here:


Tyler Fish

Senior Policy Advisor & Tribal Liaison

White House Office of Intergovernmental Affairs

(202) 881-9014

FEMA Stakeholder Advisory: Federal Partners Continue Providing Resources for COVID-19 Response Efforts

Federal Partners Continue Providing Resources for COVID-19 Response Efforts

The federal government continues to take aggressive and proactive steps to address the coronavirus (COVID-19) pandemic. The health and safety of the American people is our top priority. 

We are halfway through 15 Days to Slow the Spread. Do your part to flatten the curve:

  • Stay home as much as much as possible.
  • If you need to go out, practice social distancing.

Under the direction of the White House Coronavirus Task Force, FEMA, HHS and our federal partners are working with state, local, tribal and territorial governments to execute a whole of government response to fight the COVID-19 pandemic and protect the public.

On March 22, President Trump directed the Secretary of Defense to allow the states of California, New York and Washington use of the National Guard in a Title 32 status to support state and local emergency assistance efforts. This allows the governors to activate the National Guard to support their disaster response efforts, on a fully reimbursable basis and under their respective command and control, if that becomes necessary. To date, more than 9,000 National Guard troops have activated to help with testing and other response efforts. Additional states can request this assistance and those requests will be considered.

On March 13, 2020, President Trump declared a nationwide emergency pursuant to Sec. 501(b) of Stafford Act. The President’s action cuts red tape and bureaucracy and avoids governors needing to request individual emergency declarations. In addition, the states of New York, Washington, California, Iowa and Louisiana were approved for major disaster declarations to assist with additional needs identified in these states.

11 states and 4 tribes have issued full stay-at-home orders; in addition, 5 states have issued partial or localized orders.

Medical supplies are en route to states, including respirators, surgical masks and gowns, face shields, coveralls and gloves, with quantities already delivered to Washington, New York and California. We anticipate additional supplies will be delivered within the next 24 hours. The U.S. Navy hospital ship Mercy is en route to Los Angeles to provide additional hospital beds and medical staff and is expected to arrive by March 27. The U.S. Navy hospital ship Comfort is scheduled to arrive in New York on April 7. FEMA issued a $350 million Mission Assignment to the U.S. Army Corps of Engineers for construction of alternate care facilities in New York. Four sites have been selected.

Please see attached for updated information on the federal response efforts, Community Based Testing Sites (CBTS), Ventilator Guidance, Defense Production Act, Disinformation and Rumor Control, How to Help for volunteers and the private sector, and information on the Strategic National Stockpile.

If you have any questions, please contact FEMA Tribal Affairs at (202) 646-3444 or at FEMA-Tribal@fema.dhs.gov


FEMA’s mission is to help people before, during and after disasters.

Follow FEMA online, on Twitter @FEMA or @FEMAEspanol, on FEMA’s Facebook page or Espanol page and at FEMA’s YouTube account. Also, follow Administrator Pete Gaynor’s activities @FEMA_Pete.

OMB Memo on Coronavirus and Expanded Administrative Relief

On March 19, 2020 the U.S. Office of Management and Budget (OMB) released Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations (M-20-17) which provides an expanded scope of recipients affected by the loss of operational capacity and increased costs due to the COVID-19 crisis.

M-20-17 is in addition to the narrowly crafted flexibilities to grant recipients performing essential research and services necessary to carry out the emergency response related to COVID-19 outlined in the March 9, 2020 OMB memo, Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) (M-20-11). 

In addition, the flexibilities provided within M-20-17, agencies are reminded of their existing flexibility to issue exceptions on a case-by-case basis in accordance with 2 CFR § 200.102, Exceptions. M-20-11 shall continue to apply, and Appendix A describes the exceptions granted under this memorandum to recipients affected by the loss of operational capacity. These exceptions are time limited and will be reassessed by OMB within 90 days of M-20-17 (June 17, 2020). ResourcesMarch 19, 2020 OMB Memo (M-20-17)March 9, 2020 OMB Memo (M-20-11)e-Code of Federal RegulationsOMB Website
SAVE THE DATE: March 26, 2020 12:00 PM EDT
OMB Grants Innovation Exchange Session Scheduled

OMB’s March Grants Innovation Exchange Session scheduled for Thursday March 26, 2020 at 12:00 pm EDT, will feature updates from the OMB Grants Team on recent OMB memo M-20-17 providing administrative relief regarding the Coronavirus crisis and an update on The GREAT Act. NAFOA’s Event Page will be updated once registration is available. 

NAFOA will continue to provide relevant updates as they become available and will continue to take your questions and concerns as always. 
Summary Administrative Relief Exceptions for COVID-19 Crisis 
Federal awarding agencies are authorized to take the following actions, as they deem appropriate and to the extent permitted by law, with respect to the administrative provisions that apply to recipients and grantees affected by the COVID-19, for both recipients with COVID-19 related grants and other types of Federal grants.

Awarding agencies are required to maintain records on the level of particular exceptions provided to recipients. For items 6 and 7, awarding agencies must require recipients to maintain appropriate records and documentation to support the charges against the Federal awards.

1. Flexibility with SAM registration. (2 CFR § 200.205)
Awarding agencies can relax the requirement for active System for Award Management (SAM) registration at time of application in order to expeditiously issue funding. See M-20-17 for more information.

2. Flexibility with application deadlines. (2 CFR § 200.202)
Awarding agencies may provide flexibility with regard to the submission of competing applications in response to specific announcements, as well as unsolicited applications. As appropriate, agencies should list specific guidance on their websites and/or provide a point of contact for an agency program official. See M-20-17 for more information.

3. Waiver for Notice of Funding Opportunities (NOFOs) Publication. (2 CFR § 200.203)
Ability to publish emergency Notice of Funding Opportunities (NOFOs) for less than thirty (30) days on competitive grants and cooperative agreements. Documentation required by agency for tracking purposes. See M-20-17 for more information.

4. No-cost extensions on expiring awards. (2 CFR § 200.308)
Agencies may extend awards which were active as of March 31, 2020 and scheduled to expire prior or up to December 31, 2020, automatically at no-cost for a period of up to twelve (12) months. Required due dates of project-specific financial and performance reports 90 days following end date of extension. See M-20-17 for more information.

5. Abbreviated non-competitive continuation requests. (2 CFR § 200.308)
For continuation requests scheduled to come in from April 1, 2020 to December 31, 2020 agencies may accept a brief statement from recipients to verify they are in a position to 1) resume or restore project activities; and 2) accept a planned continuation award. See M-20-17 for more information.

6. Allowability of salaries and other project activities. (2 CFR § 200.403, 2 CFR § 200.404, 2 CFR § 200.405)
Awarding agencies may allow recipients to continue to charge salaries and benefits to currently active Federal awards consistent with the recipients’ policy of paying salaries (under unexpected or extraordinary circumstances) from all funding sources, Federal and non-Federal. Awarding agencies may allow other costs to be charged to Federal awards necessary to resume activities supported by the award, consistent with applicable Federal cost principles and the benefit to the project. See M-20-17 for more information.

7. Allowability of Costs not Normally Chargeable to Awards. (2 CFR § 200.403, 2 CFR § 200.404, 2 CFR § 200.405)
Awarding agencies may allow recipients who incur costs related to the cancellation of events, travel, or other activities necessary and reasonable for the performance of the award, or the pausing and restarting of grant funded activities due to the public health emergency, to charge these costs to their award without regard to 2 CFR § 200.403, Factors affecting allowability of costs, 2 CFR § 200.404, Reasonable costs, and 2 CFR § 200.405, Allocable costs. See M-20-17 for more information.

8. Prior approval requirement waivers. (2 CPR § 200.407)
Awarding agencies are authorized to waive prior approval requirements as necessary to effectively address the response. See M-20-17 for more information.

9. Exemption of certain procurement requirements. (2 CPR§ 200.319(b), 2 CPR§ 200.321)
Awarding agencies may waive the procurement requirements contained in 2 CPR§ 200.319(b) regarding geographical preferences and 2 CPR§ 200.321 regarding contracting small and minority businesses, women’s business enterprises, and labor surplus area firms. See M-20-17 for more information.

10. Extension of financial, performance, and other reporting. (2 CPR§ 200.327, 2 CPR§ 200.328)
Awarding agencies may allow grantees to delay submission of financial, performance and other reports up to three (3) months beyond the normal due date.  See M-20-17 for more information.

11. Extension of currently approved indirect cost rates. (2 CPR§ 200.414 (c))
Awarding agencies may allow grantees to continue to use the currently approved indirect cost rates (i.e., predetermined, fixed, or provisional rates) to recover their indirect costs on Federal awards. See M-20-17 for more information.

12. Extension of closeout. (2 CPR§ 200.343)
Awarding agencies may allow the grantee to delay submission of any pending financial, performance and other reports required by the terms of the award for the closeout of expired projects, provided that proper notice about the reporting delay is given by the grantee to the agency. This delay in submitting closeout reports may not exceed one year after the award expires. See M-20-17 for more information.

13. Extension of Single Audit submission. (2 CFR § 200.512)
Awarding agencies, in their capacity as cognizant or oversight agencies for audit, should allow recipients and subrecipients that have not yet filed their single audits with the Federal Audit Clearinghouse as of the date of the issuance of this memorandum that have fiscal year-ends through June 30, 2020, to delay the completion and submission of the Single Audit reporting package, as required under Subpart F of 2 CFR § 200.501 –Audit Requirements, to six (6) months beyond the normal due date. See M-20-17 for more information.
For any other questions or concerns, please contact Emery Real Bird at Emery@nafoa.org or (202) 945-7750