Title
TITLE 8 - CEMETERIES (INCLUDES 2019 POCKET PART AND ADDITIONAL AMENDMENTS)
Body
*NOTICE: This document is provided as a courtesy. This document includes amendments to the Title 8 2019 Pocket Part as listed below and have not yet been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: <https://cherokee.legistar.com/Legislation.aspx>
Includes: LA 15-20
TITLE 8
CEMETERIES
Chapter
1. Cemeteries Preservation
CHAPTER 1
CEMETERIES PRESERVATION
Section
4. Appropriation-Advocate/coordinator-Policies and procedures
§ 4. Appropriation-Advocate/coordinator-Policies and procedures
A. All monies appropriated for cemetery maintenance shall be used for
preservation, repair, restoration and/or maintenance of traditional or historically
significant Cherokee cemeteries, unmarked graves and/or damaged graves
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, unmarked graves and/or damaged
graves in question.
C. The Principal Chief shall designate an advocate/coordinator to ensure
effective implementation of this act.
D. The 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 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 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 proposals or applications demonstrating self-help by labor contribution
and community involvement shall be given preference.
J. The advocate/coordinator shall develop and implement a program to
repair/restore unmarked and/or damaged Cherokee graves subject to the following:
1. Total amount to be awarded for each headstone is not to exceed two
hundred dollars ($200.00);
2. Limit of one headstone per applicant;
3. Qualifying unmarked and/or damaged Cherokee graves beginning in
1839; and
4. Total expenditures under this program is limited to twenty-five percent
(25%) of the total amounts appropriated for cemetery maintenance under
this act.
LA 33-04, eff. August 11, 2004. Amended LA 02-07, eff. February 21, 2007; LA 17-17,
eff. July 21, 2017; LA 15-20, eff. Aug. 31, 2020.
Historical and Statutory Notes
LA 15-20, Section 2, provides:
Section 2. Purpose
The purpose of this Act is to amend Title 8 of
the Cherokee Nation Code Annotated to provide
for the restoration and repair of unmarked
and/or damaged historical Cherokee graves.