04/13/2022
Resolution 22-04-08
WHEREAS, the Orutsararmiut Traditional Native Council is the Federally-Recognized
Tribal Governing Body of the Native Village of Bethel; and
WHEREAS, the Orutsararmiut Traditional Native Council represents the interests of the
Tribal Members of Bethel; and
WHEREAS, the Orutsararmiut Traditional Native Council was awarded federal funding
in 2021 through the American Rescue Plan Act (ARPA) to assist Tribal Members and the
community to appropriately plan, prepare for, and respond to the COVID-19 pandemic; and
WHEREAS, the Orutsararmiut Traditional Native Council hired the law firm of
Sonosky, Chambers, Sachse, Miller & Monkman, LLP in 2021 to review U.S. Treasury guidance
documents for interpretation of rules for allowable activities and eligible expenses. Rebecca
Patterson of the above law firm was assigned, and has recommended the completion of this
analysis via resolution of the continued negative impacts of the pandemic if the Tribe wants to
move forward with a third direct cash assistance payment from ARPA to Tribal Members; and
WHEREAS, the Orutsararmiut Traditional Native Council has completed this analysis of
the negative economic harm still being caused by the COVID-19 pandemic in 2022, and not
covered by the two prior direct cash assistance payments in 2021 ($1700 and $1500,
respectively) for which a third payment is needed to address immediately. The pre-existing
economic condition of our Yukon-Kuskokwim Region that ranks as the poorest economically in
the nation with the highest cost of living in the country that continues to be negatively harmed by
COVID-19 with the disruption of the day-to-day lives of the people in our community. Many of
these challenges in the new year include the inflated economic costs of food, housing and fuel,
along with reduced employment opportunities for our Tribal Members and residents: and
WHEREAS, both the U.S. Treasury interim guidance and the more recently-issued Final
Rule (1/6/22) state it is eligible to use ARPA State and Local Fiscal Recovery Funds to provide
direct cash assistance to households and individuals negatively impacted by the COVID
pandemic (R. Patterson, Sonosky LLP), “provided that cash transfers must be ‘reasonably
proportional’ to the negative economic impact they address and may not be ‘grossly in excess of
the amount needed to address’ the impact. In assessing whether a transfer is reasonably
proportional, recipients may ‘consider and take guidance from the per person amounts
previously provided by the Federal Government ($3200) in response to the COVID-19 crisis,
and transfers ‘grosslv in excess of such amounts’ are not eligible.”; and
WHEREAS, the U.S. Treasury has reiterated in the Final Rule that responses to negative
economic impacts should be reasonably proportional to the impact that they are intended to
address. Uses that bear no relation or are grossly disproportionate to the type or extent of harm
experienced would not be eligible uses. Reasonably proportional refers to the scale of the
response compared to the scale of the harm. Treasury declined to set a dollar amount that is
allowable, instead leaving the “reasonably proportional” language. (R. Patterson, Sonosky LLP);
and
NOW THEREFORE BE IT RESOLVED THAT, the Orutsararmiut Traditional Native
Council, based on the analysis that has been completed, does find a third disbursement of direct
cash payment assistance is needed to address the economic harm not covered by the two
payments in 2021, in the amount of $1000.00 using remaining ARPA funds to each eligible
Tribal Member who are enrolled as of May 31st. 2022.
Walter Jim, President
Robert Hoffman, Secretary
American Rescue Plan Act Application
The Orutsararmiut Traditional Native Council (ONC) received the American Rescue Plan Act (ARPA) relief funding and approved payment to the ONC Enrolled Tribal Members as of May 31, 2022 who have experienced negative economic impact as a result of the COVID-19 pandemic.
There are two options for each tribal member to choose from:
OPTIONS 1) $1,000.00 direct payment to member(s)
2) $1,000.00 payment towards utilities
Eligible Head of Household’s may apply online at the following link:
https://zfrmz.com/kYYBvXzUP1UrkIgFVF0m
