Committee: Full Council Sponsor:
Date: 7-12-04 Committee Date: 7-12-04 Author: T. Hembree
LEGISLATIVE ACT 33-04
Title
AN ACT PROTECTING THREATENED TRADITIONAL CHEROKEE CEMETERIES;
PROVIDING SEVERABILITY AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE
This Act shall he known as the "Cherokee Nation Cemeteries Preservation Act of 2004."
SECTION 2. PURPOSE
The purpose of this Act is to make funds available for traditional Cherokee Cemeteries that are threatened with neglect and non maintenance.
SECTION 3. LEGISLATIVE HISTORY
Article V. Section 7 of the Cherokee Nation Constitution.
SECTION 4. DEFINITIONS
"Traditional Cherokee Cemetery" means any cemetery that contains gravesites of over 50% Cherokee tribal citizens or historically significant and is located within the boundaries of the Cherokee Nation.
SECTION 5. SUBSTANTIVE PROVISIONS
a. A total of $40.000, to he expended equally among council members, shall be used for preservation and
maintenance of traditional Cherokee Cemeteries that are threatened by neglect and non-maintenance.
h. The funds are to he distributed to cemetery boards or individuals interested in the preservation of the cemetery in question.
e. The Principal Chief shall designate an advocate/coordinator to ensure effective implementation of this Act.
d. The Language and Culture Committee is hereby authorized and directed to develop such policies and procedures necessary to effectively implement the program, including hut 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 he 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 he 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 he the source of funds appropriated in this Act.
i. All expenditures for this program shall he for materials only and those proposals or applications demonstrating self-help by labor contribution and community involvement shall be given preference.
SECTION 6. CUMULATIVE
The provisions of this Act shall he cumulative to existing laws.
SECTION 7. SEVERABILITY
The provisions of this Act are severable and if any part of provision hereof shall be held void the decision or the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.
Enacted by the Council of the Cherokee Nation on the 12th day of July 2004.
Joe Grayson, Jr., President Cherokee Nation Council
ATTEST: Bill John Baker, Secretary Cherokee Nation Tribal Council
Approved and signed by the Principal Chief this 16th day of JULY, 2004.
ATTEST: Callie Catcher, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner Nay Melvina Shotpouch Yea
Bill John Baker Yea Meredith A. Frailey Yea
S. Joe Crittenden Yea John F. Keener Yea
Jackie Bob Martin Yea Cara Cowan Nay
Phyllis Yargee Yea Buel Anglen Yea
David W. Thornton, Sr. Absent William G. Johnson Yea
Don Garvin Abstain Charles "Chuck" Hoskin Yea
Linda Hughes-O'Leary Yea