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SHOALWATER BAY INDIAN TRIBERESOLUTION 7-1-21-RE: Authorizing the Second Distribution under the Emergency Assistance Program WHEREAS,the Shoalwater Bay Indian Tribe is an organized Indian Tribe as defined in Section 16 of the Indian Reorganization Act of June 18, 1934, as amended; andWHEREAS,the Tribal Council of the Shoalwater Bay Indian Tribe is the governing body of the Shoalwater Bay Indian Tribe; andWHEREAS,the Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that appears to occur through respiratory transmission and presents with symptoms similar to those of influenza; andWHEREAS,on February 29, 2020, Washington Governor Jay declared a State of Emergency for COVID-19; and?WHEREAS, on March 12, 2020, the World Health Organization declared the outbreak of COVID-19 a global pandemic; andWHEREAS, on March 13, 2020, President Donald J. Trump declared a nationwide State of Emergency pursuant to the National Emergencies Act and the Stafford Act; andWHEREAS, the Shoalwater Bay Indian Tribe has taken various actions to respond to the public health emergency, including a wide range of business, government and programmatic closures resulting in substantial disruption to the community, economy, and opportunities for tribal members; and WHEREAS,on March 18, 2020, the Shoalwater Bay Indian Tribe temporarily closed its gaming facilities on the Reservation; andWHEREAS, due to these closures such as this and other impacts to the Washington economy from the COVID-19 public health emergency, unemployment and underemployment has surged in the membership of the Shoalwater Bay Indian Tribe, and the tribal community is in crisis and the pandemic continues to grow in impacts; andWHEREAS, the United States Congress has appropriated funding for federally-recognized Indian Tribes, among other governments, under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and established the Coronavirus Relief Fund (Fund) to help address certain financial impacts resulting from COVID-19; andWHEREAS, the Shoalwater Bay Indian Tribe is a recipient of monies from the Fund; andWHEREAS, the CARES Act provides that payments from the Fund may only be used to cover costs that— (1) are necessary expenditures incurred due to the public health emergency with respect to COVID–19, (2) were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the government to which such funds were issued, and (3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2021; and WHEREAS, the United States Department of Treasury (Treasury Department), the federal agency charged with administering the Fund, has provided guidance indicating that eligible uses of monies from the Fund; andWHEREAS, guidance from the Treasury Department, in the form of Frequently Asked Questions, provides that emergency assistance such as that provided by the Tribe is allowed “[i]f a government determines such (financial) assistance to be a necessary expenditure. Such assistance could include, for example, a program to assist individuals with payment of overdue rent or mortgage payments to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm of what is administratively feasible, that such assistance is necessary”; andWHEREAS, the Shoalwater Bay Indian Tribe has developed the Shoalwater Bay Indian Tribe Emergency Assistance Program, a copy of which is included as Exhibit "A", the terms of which are incorporated herein; and WHEREAS, the Tribal Council of the Shoalwater Bay Indian Tribe has reviewed the proposed Shoalwater Bay Indian Tribe Emergency Assistance Program and determined that it is necessary to prevent further spread of the pandemic and further impacts to its members; and WHEREAS, The Shoalwater Bay Tribal Council is the governing body of the Shoalwater Bay Tribe in accordance with their Constitution and By-Laws.THEREFORE BE IT FURTHER RESOLVED hereby approves the second distribution under the Emergency Assistance Program to include applications received by September 10, 2021 using Coronavirus Relief Fund Program funding in order to alleviate the impacts and control the spread of the COVID-19 public health emergency; andBE IT FURTHER RESOLVED that the Shoalwater Bay Tribal Council of the Shoalwater Bay Tribe does hereby authorize the Tribal Administrator to oversee implementation of the Program and take steps as needed to guide its further successes.CERTIFICATIONThe Shoalwater Bay Tribal Council approved this Resolution on the 1st day of July, 2021 by a vote of ___FOR ___AGAINST ___ABSTAIN _________________________ _____________________________Charlene Nelson, Chairperson Lynn Clark, SecretaryShoalwater Bay Indian TribeShoalwater Bay Indian Tribe ................
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