Title
AN ACT AMENDING LEGISLATIVE ACT #26-06 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2007 - Mod. 10;
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 #26-06 Authorizing the Comprehensive Budget for Fiscal Year 2007 - Mod. 10”.
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 2007” or subsequent amendment. The cumulative total of the budget is increased by $21,512,247 for a total budget authority of $471,951,739. 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 $13,489,362 $7,240,122 <$180,250> $20,549,234
B. Motor Fuels Tax $301,346 $60,222 <$60,222> $301,346
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #26-06 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 an increase of $21,512,247 to wit:
A. An increase in the General Fund budget authority of $180,250 related to the land acquisition fund as well as recognizing the transfer in of the Tribal Trusts and Tribal Judgment funds from the Department of Interior.
B. An increase in the Motor Fuels Tax Fund budget authority of $60,222 related to the Vinita Health Clinic offset by an increase in third party revenue.
C. An increase in the Title VI Loan Fund budget authority of $3,700,000 related to the pass-through debt servicing from the Housing Authority.
D. An increase in the Enterprise Fund budget authority of $410,189 to authorize the operational expenses and related revenue of Tsa La Gi Apartments for the current fiscal year.
E. An increase in the IHS Self Governance - Health budget authority of $3,372,082 to authorize the expenditure of increased revenues related to health service income.
F. An increase in the Other Funding budget authority of $7,241,122 to authorize the draw down of the remaining settlement funds and transfer such funds to the General Fund.
G.
An increase in the Debt Service Pool budget authority of $6,548,382 to authorize payment of the construction loan balance incurred during the issuance stage of the bond financing.
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.