Navajo Nation Fiscal Recovery Funds

Process for Requesting Navajo Nation Fiscal Recovery Funds

This website provides important information for requestors who are seeking Navajo Nation Fiscal Recovery Funds (NNFRF) and outlines the role of Navajo Nation Department of Justice (NNDOJ) in conducting Initial Eligibility Determination Reviews.

This process is available for Navajo Nation Government Units, Chapters (Non-Governance-Certified & Governance-Certified) and Entities (Navajo Nation Owned & External).

Note: Holland & Knight is hosting this website in collaboration with NNDOJ.

Disclaimer: An NNDOJ Initial Eligibility Determination will be based on the documents provided, which NNDOJ will assume are true, correct and complete. Should the Project or Program change in any material way after the initial determination, the requestor must seek the advice of NNDOJ. An initial determination is limited to review of the Project or Program as it relates to whether the Project or Program is a legally allowable use – it does not serve as an opinion as to whether or not the Project or Program should be funded, nor does it serve as an opinion as to whether or not the amount requested is reasonable or accurate.

On March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) was signed into law. Section 9901 of ARPA amended Title VI of the Social Security Act to add Sections 602, which established the Coronavirus State Fiscal Recovery Fund, and 603, which established the Coronavirus Local Fiscal Recovery Fund, thereby appropriating Coronavirus State and Local Fiscal Recovery Funds in the amount of $362 billion for state, local and tribal governments, including $20 billion designated for tribal governments. As of Aug. 16, 2021, the U.S. Department of the Treasury has allocated nearly $2.08 billion to the Navajo Nation.

Navajo Nation Fiscal Recovery Funds can only be used for the following purposes:

  • Respond to COVID-19: To respond to the public health emergency with respect to the COVID–19 or its negative economic impacts 
  • Premium Pay for Essential Workers: To respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers
  • Lost Revenue/Government Services: For the provision of government services to the extent of the reduction in revenue of such Tribal government due to COVID–19
  • Infrastructure: To make necessary investments in water, sewer, or broadband infrastructure.

The Treasury Department has identified 66 Fiscal Recovery Fund expenditure categories for purposes of compliance and reporting. (See "Appendix 1: Expenditure Categories" to Treasury Department's "Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds," dated June 24, 2021). To be eligible for an allocation of the Nation's Fiscal Recovery Funds, each of the proposed expenditures must fall under one of these 66 expenditure categories.

Through Navajo Nation Council Resolution CJY-41-21, the Navajo Nation Fiscal Recovery Fund (NNFRF) was established under the oversight of the Navajo Nation Office of the Controller (OOC).

In addition, the Office of Management and Budget (OMB), in consultation with OOC, NNDOJ, and Office of Legislative Counsel developed Navajo Nation Fiscal Recovery Fund Procedures including a formal eligibility review process and expenditure plan template, which were approved by the Budget and Finance Committee of the Navajo Nation Council (BFC) through Resolution BFS-31-21.

After NNDOJ completes an initial eligibility determination review, a Council Delegate can sponsor legislation for approval of the proposed expenditure plan. Pursuant to CJY-41-21, allocations of Navajo Nation Fiscal Recovery Funds must be approved by a two-thirds (2/3) vote of the Council and is subject to final action by the Navajo Nation President.

 Process for Requesting Navajo Nation Fiscal Recovery Funds 

To request consideration from NNDOJ, all forms and documents should be emailed to

NNDOJ will review proposed expenditure plans and issue an Initial Eligibility Determination. This review will include:

  • whether all the forms and documents are complete and accurate,
  • whether appropriate authorization is documented, and
  • whether the proposed expenditure is allowable under federal and Navajo Nation law and regulations.

Applicants should carefully review Resolution BFS-31-21 to learn more about the process and what is required. Importantly, if NNDOJ finds that the requirements are not met, submitting entities will only be given one additional opportunity to resubmit the required forms and documents.

Therefore, it is critical that the requirements are fully met and forms and documents are complete.

To request consideration from NNDOJ, all forms and documents should be emailed to

Links to Required Forms: