Title
AN ACT AMENDING LEGISLATIVE ACT #29-10 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2011 - MOD 2; 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 #29-10 Authorizing the Comprehensive Budget for Fiscal Year 2011 - 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 2011" or subsequent amendment. The cumulative total of the budget is increased by $15,332,239 for a total budget authority of $599,305,942. The following items are identified as selective General Fund sources in excess of appropriated uses to wit:
Previous Estimated Estimated Adjusted
Balance Sources <Uses> Balance
A. Tribally Funded $0 $0 $0 $0
B. Motor Fuels Tax $0 $0 $0 $0
Grants Received & Authorized per LA-29-10 (detail attached) $13,889,643
Modification Request #2 (see Section 4 below) $1,442,596
Cumulative change in budget authority $15,332,239
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #21-09 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 modification request changes the total amount of the comprehensive budget authorization by an increase of $1,442,596 to wit:
A. A reallocation in the General Fund budget authority resulting in $0 net impact to provide for cash matching funds for a Community Planning Grant and an IDA Project.
B. An increase in the Indirect Cost Pool Fund budget authority of $73,737 related to the Office Services operating budget.
C. A consolidation of budgets within the Internal Lease Fund resulting in $0 net impact.
D. An increase in the DOI Self Governance Fund budget authority of $44,549 related to the Housing Improvement Program.
E. An increase in the IHS Self Governance - T.E.H. Fund budget authority of $872,858 related to prior year economic stimulus funding for water and sewer projects.
F. An increase in the DHHS General Fund budget authority of $130,000 related to a Sequoyah High School IDA Project.
G. An increase in the USDA Fund budget authority of $136,502 related to a Housing Preservation Grant and a Community Planning Grant.
H. A net increase in the NAHASDA Fund budget authority of $133,958 primarily related to the Delaware Tribe Operating Subsidy, slightly offset by a slight decrease in the Resident Services program administered by Career Services.
I. An increase in the Private Funding budget authority of $50,992 related to the transfer of prior year funds to provide matching requirements for the SHS IDA project.
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.