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IMLA Federal Funding Updates

AK
Amanda Karras
Tue, May 6, 2025 8:48 PM

Good afternoon:

I have a couple of additional updates for you all today.

  1. Below my email signature line you'll see a notice of termination of National Endowment for the Arts that a member received that I wanted to pass along.

  2. Also, attached is the FTA Master Agreement dated 4/25/25 that contains new immigration and DEI requirements.  Note that it contains new requirements that the recipients agree that their compliance in all respects with all federal antidiscrimination laws is material to the government's payment decisions pursuant to the False Claims Act (citing to the EO on Ending Illegal Discrimination and Restoring Merit-Based Opportunity).  The document also requires that the recipient certify they do not operate any programs promoting diversity, equity, and inclusion initiatives that violate any applicable Federal anti-discrimination laws.  The Agreement also states: "Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law."

There is a DEI working group call tomorrow at 3 pm eastern and you can access the zoom link here: https://us06web.zoom.us/j/85363329173.

Our next immigration call is on 5/14 and our next federal funding call is on 5/15.

Please also note that IMLA is helping to coordinate a free non-CLE webinar on immigration for the LGLC on 5/19 and you can register for that here: https://www.naco.org/event/impacts-federal-immigration-policy-local-governments-part-2. We also have a webinar on grant compliance that is free for all members (CLE only available for kitchen sink subscribers) on 5/20.  You can view the full webinar schedule here: https://imla.org/webinar-schedule/.  If you have ideas for topics or would like to present, please email me or our new Associate Counsel, Sean Cooley, who will be starting tomorrow.  He will be organizing webinars and you can reach him at scooley@imla.orgmailto:scooley@imla.org.

Thanks everyone!

Amanda

[logo]https://imla.org/

[facebook icon]https://www.facebook.com/InternationalMunicipalLawyersAssociation/[twitter icon]https://twitter.com/imlalegal[linkedin icon]https://www.linkedin.com/company/international-municipal-lawyers-association-inc./
Amanda Karras (she/her)
Executive Director / General Counsel
International Municipal Lawyers Association
P: (202) 466-5424 x7116
D: (202) 742-1018
51 Monroe St. Suite 404 Rockville, MD, 20850
Plan Ahead! See IMLA's upcoming eventshttps://imla.org/events/, calls and programming.

This is to inform you that the above referenced National Endowment for the Arts award has been terminated, effective May 31, 2025.

The NEA is updating its grantmaking policy priorities to focus funding on projects that reflect the nation's rich artistic heritage and creativity as prioritized by the President. Consequently, we are terminating awards that fall outside these new priorities. The NEA will now prioritize projects that elevate the Nation's HBCUs and Hispanic Serving Institutions, celebrate the 250th anniversary of American independence, foster AI competency, empower houses of worship to serve communities, assist with disaster recovery, foster skilled trade jobs, make America healthy again, support the military and veterans, support Tribal communities, make the District of Columbia safe and beautiful, and support the economic development of Asian American communities. Funding is being allocated in a new direction in furtherance of the Administration's agenda.

Your project, as noted below, unfortunately does not align with these priorities:
Purpose: To support the commissioning of public art for the new Stilson Transit Center in Jackson, Wyoming.

The agency issued an award to your organization, subject to you agreeing to and accepting certain terms and conditions. You accepted the offer of funding, which was subject to the General Terms and Conditions (GTCs) that apply to all NEA awards. Per your award's GTCs, the National Endowment for the Arts may terminate a federal award to the greatest extent authorized by law if an award no longer effectuates the program goals or agency priorities. These provisions were clearly and unambiguously specified, as required by 2 CFR 200.340(b), and are consistent with the requirements of 2 CFR 200.340(a)(4), and the NEA's authorizing statute at 20 USC 954 and 959. Accordingly, because your project no longer effectuates agency priorities, the agency is exercising its ability to terminate this grant award in accordance with the GTCs with which you agreed to comply.

TERMINATION PROVISIONS
Period of Performance: The period of performance is changed administratively to end May 31, 2025. NEA support for this project does not extend beyond this date.

Payment requests (if applicable): If you have award funds remaining as of the date of this notice, you may submit a final payment request reflecting actual, allowable, approved costs incurred during the revised period of performance. A final payment request must be submitted by June 30, 2025. Failure to submit a final payment request by this date will result in the de-obligation of your award's remaining funding.

Final Reports: You must submit a Federal Financial Report (FFR) for the award by July 31, 2025. The FFR must reflect actual, allowable, approved costs incurred during the revised period of performance. All other final and/or interim performance reporting requirements, including the Final Descriptive Report and the Geographic Location of Project Activity (GEO), are waived. Failure to submit an FFR by this date may result in your organization being ineligible for future National Endowment for the Arts funding opportunities. All other provisions of your award including record retention requirements remain in effect.

Appeal: You may appeal this determination within seven (7) calendar days of this notice if you believe your project meets one of the agency's new priorities. Email grants@arts.govmailto:grants@arts.gov and provide documentation that your project supports one of the specific priorities set forth above.

Sincerely,
The National Endowment for the Arts

Good afternoon: I have a couple of additional updates for you all today. 1. Below my email signature line you'll see a notice of termination of National Endowment for the Arts that a member received that I wanted to pass along. 1. Also, attached is the FTA Master Agreement dated 4/25/25 that contains new immigration and DEI requirements. Note that it contains new requirements that the recipients agree that their compliance in all respects with all federal antidiscrimination laws is material to the government's payment decisions pursuant to the False Claims Act (citing to the EO on Ending Illegal Discrimination and Restoring Merit-Based Opportunity). The document also requires that the recipient certify they do not operate any programs promoting diversity, equity, and inclusion initiatives that violate any applicable Federal anti-discrimination laws. The Agreement also states: "Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law." There is a DEI working group call tomorrow at 3 pm eastern and you can access the zoom link here: https://us06web.zoom.us/j/85363329173. Our next immigration call is on 5/14 and our next federal funding call is on 5/15. Please also note that IMLA is helping to coordinate a free non-CLE webinar on immigration for the LGLC on 5/19 and you can register for that here: https://www.naco.org/event/impacts-federal-immigration-policy-local-governments-part-2. We also have a webinar on grant compliance that is free for all members (CLE only available for kitchen sink subscribers) on 5/20. You can view the full webinar schedule here: https://imla.org/webinar-schedule/. If you have ideas for topics or would like to present, please email me or our new Associate Counsel, Sean Cooley, who will be starting tomorrow. He will be organizing webinars and you can reach him at scooley@imla.org<mailto:scooley@imla.org>. Thanks everyone! Amanda [logo]<https://imla.org/> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> Amanda Karras (she/her) Executive Director / General Counsel International Municipal Lawyers Association P: (202) 466-5424 x7116 D: (202) 742-1018 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA's upcoming events<https://imla.org/events/>, calls and programming. This is to inform you that the above referenced National Endowment for the Arts award has been terminated, effective May 31, 2025. The NEA is updating its grantmaking policy priorities to focus funding on projects that reflect the nation's rich artistic heritage and creativity as prioritized by the President. Consequently, we are terminating awards that fall outside these new priorities. The NEA will now prioritize projects that elevate the Nation's HBCUs and Hispanic Serving Institutions, celebrate the 250th anniversary of American independence, foster AI competency, empower houses of worship to serve communities, assist with disaster recovery, foster skilled trade jobs, make America healthy again, support the military and veterans, support Tribal communities, make the District of Columbia safe and beautiful, and support the economic development of Asian American communities. Funding is being allocated in a new direction in furtherance of the Administration's agenda. Your project, as noted below, unfortunately does not align with these priorities: Purpose: To support the commissioning of public art for the new Stilson Transit Center in Jackson, Wyoming. The agency issued an award to your organization, subject to you agreeing to and accepting certain terms and conditions. You accepted the offer of funding, which was subject to the General Terms and Conditions (GTCs) that apply to all NEA awards. Per your award's GTCs, the National Endowment for the Arts may terminate a federal award to the greatest extent authorized by law if an award no longer effectuates the program goals or agency priorities. These provisions were clearly and unambiguously specified, as required by 2 CFR 200.340(b), and are consistent with the requirements of 2 CFR 200.340(a)(4), and the NEA's authorizing statute at 20 USC 954 and 959. Accordingly, because your project no longer effectuates agency priorities, the agency is exercising its ability to terminate this grant award in accordance with the GTCs with which you agreed to comply. TERMINATION PROVISIONS Period of Performance: The period of performance is changed administratively to end May 31, 2025. NEA support for this project does not extend beyond this date. Payment requests (if applicable): If you have award funds remaining as of the date of this notice, you may submit a final payment request reflecting actual, allowable, approved costs incurred during the revised period of performance. A final payment request must be submitted by June 30, 2025. Failure to submit a final payment request by this date will result in the de-obligation of your award's remaining funding. Final Reports: You must submit a Federal Financial Report (FFR) for the award by July 31, 2025. The FFR must reflect actual, allowable, approved costs incurred during the revised period of performance. All other final and/or interim performance reporting requirements, including the Final Descriptive Report and the Geographic Location of Project Activity (GEO), are waived. Failure to submit an FFR by this date may result in your organization being ineligible for future National Endowment for the Arts funding opportunities. All other provisions of your award including record retention requirements remain in effect. Appeal: You may appeal this determination within seven (7) calendar days of this notice if you believe your project meets one of the agency's new priorities. Email grants@arts.gov<mailto:grants@arts.gov> and provide documentation that your project supports one of the specific priorities set forth above. Sincerely, The National Endowment for the Arts