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File #: 22-026    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 3/16/2022 In control: TRIBAL COUNCIL
On agenda: 3/31/2022 Final action: 4/5/2022
Enactment date: 3/31/2022 Enactment #: R-016-22
Title: A RESOLUTION ESTABLISHING THE SECOND ARPA SPENDING FRAMEWORK UNDER THE CHEROKEE NATION COVID-19 RESPOND RECOVER AND REBUILD PLAN AND AMENDING RESOLUTION 26-21
Sponsors: Mike Shambaugh, Victoria Vazquez
Indexes: American Rescue Plan Act , COVID-19
Code sections: N/A - Not Applicable
Attachments: 1. 22-026 Exhibit A.bmp, 2. R-16-22.PDF
Related files: 24-025, 23-073, 23-059

Title

A RESOLUTION ESTABLISHING THE SECOND ARPA SPENDING FRAMEWORK UNDER THE CHEROKEE NATION COVID-19 RESPOND RECOVER AND REBUILD PLAN AND AMENDING RESOLUTION 26-21

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WHEREAS, the Cherokee Nation (“Nation”) since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;

WHEREAS, the Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America

WHEREAS, the COVID-19 pandemic is the worst public health crisis in generations and has had measurable and immeasurable negative impacts on Cherokee Nation’s government, businesses, citizens and communities;

WHEREAS, through the Cherokee Nation COVID-19 Respond, Recover and Rebuild (RRR) Plan the Principal Chief, Deputy Principal Chief and the Council of the Cherokee Nation worked together to utilize federal funds under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the American Recover Plan Act (ARPA) to respond to, and recover from, the impacts of the COVID-19 pandemic;

WHEREAS, by Resolution 26-21 of May 27, 2021, the Principal Chief, Deputy Principal Chief and the Council of the Cherokee Nation worked together to craft a framework for utilizing the first allocation of ARPA funds, referred to herein as the “First Traunch of ARPA,” totaling $1,822,018,562, said referred to herein as the “First ARPA Spending Framework,”;

WHEREAS, since the approval of Resolution 26-21, Cherokee Nation has taken various legislative and executive actions within the resolution’s framework to implement programs, services and investments in support of Cherokee citizens and the communities where they live;

WHEREAS, Cherokee Nation has received additional ARPA funds, in the amount of $174,006,917, referred to herein as the “Second Traunch of ARPA”;

WHEREAS, Cherokee Nation’s experience with spending priorities under the First ARPA Spending Framework and the receipt of the Second Traunch of ARPA funds, necessitates a rebalancing of the priorities reflected in Resolution 26-21 to create a Second ARPA Spending Framework;

WHEREAS, the Council of the Cherokee Nation approves of the Second ARPA Spending Framework as an extension of the Cherokee Nation RRR Plan, as set forth in Exhibit A attached to this resolution;

WHEREAS, the Council of the Cherokee Nation repeals Resolution 26-21 only to the extent that it conflicts with this resolution.

WHEREAS, nothing herein substitutes for, or precludes, the Council of the Cherokee Nation from engaging in its Constitutional and statutorily defined role of appropriating funds, providing oversight on spending, or using any other constitutionally or statutorily defined authority;

WHEREAS, nothing herein cedes any authority of The Council of the Cherokee Nation, including but not limited to the authority to revise this resolution, from time to time, in cooperation with the Principal Chief as circumstances warrant;

WHEREAS, the Council requests that the Principal Chief or his executive branch designees provide the Council with periodic updates on the programs and services rendered pursuant to this resolution as well as Resolution 26-21 and that, no later than October 1, 2024, the Principal Chief propose to the Council any changes to the spending framework of this resolution;

BE IT RESOLVED BY THE CHEROKEE NATION that the Council of the Cherokee Nation approves the Second ARPA Spending Framework herein for further response to and recovery from the impact of the COVID-19 pandemic and that Resolution 26-21 is repealed only insofar as it conflicts with this resolution.