Title
AN ACT AMENDING LEGISLATIVE ACT #19-08 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2009 - MOD 2; AND DECARING 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 #19-08 Authorizing the Comprehensive Budget for Fiscal Year 2009 - Mod. 2".
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 Budget Act for Fiscal Year 2009" or subsequent amendment. The cumulative total of the budget is increased by $3,472,978 for a total budget authority of $489,002,128. The following items are identified as estimated General Fund sources in excess of appropriated uses to wit:
Previous Estimated Estimated Adjusted
Balance Sources <Uses> Balance
A. General Fund $2,147 $7,059,496 <$3,822,043> $3,239,600
B. Motor Fuels Tax $0 $100,828 <$100,828> $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #19-08 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 amendment changes the total amount of the comprehensive budget authorization by a net increase of $3,472,978 to wit:
A. A net increase in the General Fund budget authority of $3,822,043 primarily related to tobacco tax rebates and surtax carryover for cancer and diabetes treatment and prevention.
B. An increase in the Motor Fuels Tax Fund budget authority of $100,828 related to the Cemetery Preservation carryover funding from the prior year.
C. A reallocation in the Indirect Cost Pool resulting in $0 budget impact related to a consolidation of activities within the IDC Pool. The previously separated Asset and Materials Management functions are being combined with Support Services.
D. A decrease in the Tribal Force Account budget authority of <$107,900> related to the discontinued environmental reviews to be conducted for the Roads and Realty departments by the Environmental Protection group.
E. A decrease in the Housing Proceeds Fund budget authority of <$1,025,979> to transfer the proceeds from the low rent housing program to the housing Operating Subsidy budget.
F. An increase in the NAHASDA Fund budget authority of $683,986 related to a housing Operating Subsidy budget increase due to low rent housing proceeds.
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.