SBA Issues Guidelines for Paycheck Protection Program

National Indian Gaming Association Member Tribes

Ernie Stevens, Jr., Chairman
Jason Giles, Executive Director
Danielle Her Many Horses, Deputy Director/General Counsel

SBA Issues Guidelines for Paycheck Protection Program
April 3rd, 2020

Yesterday, the Small Business Administration (SBA) released interim guidelines for the Paycheck Protection Program (PPP), in response to the recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act, the bill which provides $2 trillion in COVID-19 aid for the country.

The CARES Act allocates $350 billion to PPP to help small businesses keep workers employed amid the pandemic and economic hardships resulting from it, by providing 100% federally guaranteed loans to small businesses that may be forgiven if the borrowers maintain their payrolls during the crisis or restore their payrolls afterward.

The guidance issued by SBA, however, cites 13 CFR 120.110 for ineligible entities under the PPP and includes the following:

"(g) Businesses deriving more than one-third of gross annual revenue from legal gambling activities;” and

"(j) Government-owned entities (except for businesses owned or controlled by a Native American tribe);"

The National Indian Gaming Association condemns the SBA for its blatant disregard of the Congressional language in the Covid Relief Act. The SBA’s guidance fails to recognize the importance of the survival of Tribal Government Gaming for its citizens and non-tribal neighboring residents. We are working expeditiously to respond and urge the SBA to remove these restrictions to Tribal Government Gaming operations and will continue to update our Member Tribes on the status of our outreach.

Below for your use is a model letter addressed to the SBA and Secretary Mnuchin.

Please reach out to Danielle Her Many Horses at if you have any questions or concerns with this alert.

Download Model Letter Here