Title
AN ACT AMENDING LEGISLATIVE ACT #20-11 AUTHORIZING THE COMPREHENSIVE OPERATING BUDGET FOR FISCAL YEAR 2012 - MOD 9; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This legislative act shall be titled and codified as "An Act Amending Legislative Act #20-11 Authorizing the Comprehensive Operating Budget for FY 2012 - Mod. 9".
SECTION 2. PURPOSE
The purpose of this amendment is to authorize and approve the use of funds, subject to the availability of such funds, in accordance with Section 4, changing the amounts of certain cost centers approved in the "Comprehensive Operating Budget Act for Fiscal Year 2012" or subsequent amendment. The cumulative total of the budget is increased by $27,640,699 for a total budget authority of $548,113,748. The following items are identified as selective General Fund sources in excess of appropriated uses to wit:
Previous Estimated Estimated Adjusted
Balance Sources <Uses> Balance
A. Tribally Funded $5,075,939 $2,500,269 <$5,226,994> $2,349,214
B. Motor Fuels Tax $0 $200,000 <$200,000> $0
Grants Received & Authorized per LA-20-11 (detail attached) $389,629
Modification Request #9 (see Section 4 below) $27,251,070
Cumulative change in budget authority $27,640,699
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #20-11 are applicable to this amendment.
SECTION 4. FUNDING AUTHORIZATIONS
The changes reflect increases to cost centers set forth in the program budget justifications incorporated herein. This modification request changes the total amount of the comprehensive budget authorization by an increase of $27,251,070 to wit:
A. An increase in the Tribal General Fund budget authority of $5,226,994 primarily related to Contract Health, Day Work, Summer Youth, Higher Education, Economic Development as well as several other programs.
B. An increase in the Motor Fuels Tax Fund budget authority of $200,000 related to the Community Youth Grant Program.
C. An increase in the DOI - Self Governance Fund budget authority of $26,795 related to the Noxious Weed Eradication and the Housing Improvement Program.
D. A net increase in the IHS - Self Governance Health Fund budget authority of $21,797,281 related to prior year carryover, current year funding increases and adjustments to third party collections. These funds are providing for operational needs, along with future debt service obligations.
SECTION 5. PROVISIONS AS CUMULATIVE
The provisions of this Act shall be cumulative to existing law.
SECTION 6. SEVERABILITY
The provisions of this Act are severable and if any part or provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.
SECTION 7. EFFECTIVE DATE: EMERGENCY DECLARED
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect immediately upon its approval and signatures.
SECTION 8. SELF-HELP CONTRIBUTIONS
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.