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File #: 17-052    Version: Name: CEMETERIES PRESERVATION ACT OF 2017
Type: Legislative Act Status: Passed
File created: 5/3/2017 In control: TRIBAL COUNCIL
On agenda: 5/16/2017 Final action: 6/21/2017
Enactment date: 6/19/2017 Enactment #: LA-17-17
Title: ACT RELATING TO CEMETERIES PRESERVATION
Sponsors: Jack D. Baker
Indexes: Cemeteries
Code sections: Title 08 - Cemeteries
Attachments: 1. LA-17-17.PDF
Related files: CNCA-08

Title

ACT RELATING TO CEMETERIES PRESERVATION

Body

BE IT ENACTED BY THE CHEROKEE NATION:

 

Section 1.                     Title and Codification

 

                     This act shall be known as the Cemeteries Preservation Act of 2017 and codified as Title 8, Section 4 of the Cherokee Nation Code Annotated.

 

Section 2.                     Purpose

 

                     The purpose of this Act is to make available funds for the repair and maintainence of traditional or historically significant Cherokee Cemeteries.

 

Section 3.                     Legislative History

 

                     Title 8, Section 4 of the Cherokee Nation Code Annotated.

 

Section 4.                     Substantive Provisions

 

§ 4. Appropriation-Advocate/coordinator-Policies and procedures

 

A. A total of Forty Thousand Dollars ($40,000.00), to be expended equally among Council Members,  All monies appropriated for cemetery  manintenance  shall be used for preservation and maintenance of traditional or historically significant Cherokee cemeteries that are threatened by neglect and non-maintenance.

 

B. The funds are to be distributed to cemetery boards or individuals interested in the preservation of the cemetery in question.

 

C. The Principal Chief shall designate an advocate/coordinator to ensure effective implementation of this act.

 

D. The Language and Culture Committee of the Council is hereby authorized and directed to develop such policies and procedures necessary to effectively implement the program, including but not limited to, determining eligibility, verification of circumstances, assuring that services are not duplicated, and conducting appropriate follow-up services and appeal rights in the event that assistance is denied. The policies and procedures will be published for review by the Tribal Council as well as the general public.

 

 

 

E. The Language and Culture Committee of the Council shall review and approve requests or referrals for projects under this act, to be forwarded to the designated staff. Approvals or denials by the designated staff pursuant to the established policies and procedures will be reported to the Language and Culture Committee of the Council.

 

F. All approved applications will be processed in accordance with this act and applicable policies and procedures.

 

G. Persons or organizations receiving funds shall give a written accounting with receipts detailing the supplies expended on the maintenance of cemeteries in question. This accounting shall be presented to the designated staff within one hundred and twenty (120) days from receipt of any funds.

 

H. The Motor Fuels Tax Funds shall be the source of funds appropriated in this act.

 

I. All expenditures for this program shall be for materials only and those proposals or applications demonstrating self-help by labor contribution and community involvement shall be given preference.

 

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 of 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

 

                     The provisions of this act shall become effective thirty (30) days from and after the date of its passage and approval.

 

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.