An Act
LEGISLATIVE ACT 7-02
Title
AN ACT AMENDING LA#33-01 AUTHORIZING THE DESIGNATION OF MOTOR
FUELS CONTRACT FUNDS FOR THE PURPOSE OF ROAD CONSTRUCTION
PROJECTS WITHIN THE CHEROKEE NATION; ADDING NEW LANGUAGE; AND
DECLARING AN EMERGENCY
Body
Section 1. TITLE AND CODIFICATION
This Act shall be titled: The FY 2001 Motor Fuels Tax Road Act II Section 1. PURPOSE
The purpose of this Act is to designate and reserve motor fuels contract monies to accomplish or assist in accomplishing road projects with the Cherokee Nation for the benefit of the Cherokee Nation. The funds are to be provided from the Motor Fuels Tax Funds FY2000 carry forward balance.
Section 2. AUTHORITIES GOVERNING THE USE OF FUNDS
A. The Constitution of the Cherokee Nation.
B. Cherokee Nation Statutes. See Cherokee Nation Code Annotated.
C. Motor Fuels Contract between the State of Oklahoma and the Cherokee Nation.
Section 3. FUNDING AUTHORIZATIONS
A. $1,000,000 of Motor Fuels Contract Funds to be reserved, designated and set
aside for road construction projects within the Cherokee Nation.
1. Policy and guidelines shall be developed for the expenditure of these funds. Said policy and guidelines shall be in accordance with the Constitution of the Cherokee Nation and the Cherokee Nation Statutes and Codes.
2. Said monies are to be designated equally between the members of the Tribal Council for projects throughout the Cherokee Nation which are deemed necessary and beneficial to the Cherokee people.
3. Up to ten percent (10%) of the funds for each approved project is hereby set aside for administration oversight by the Cherokee Nation Roads Department.
4. No funds shall be expended from these reserves without authorization from the Tribal Executive and Finance Committee.
Section 4. EFFECTIVE DATE: EMERGENCY
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 5. SEVERABILITY
The provisions of this Act are severable and if any part of the 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.
Passed by the Cherokee Nation Tribal Council on the 11TH of MARCH, 2002.
Hastings Shade, President Council of the Cherokee Nation
ATTEST: Stephanie Wickliffe-Shepherd, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 15th day of March, 2002.
Chadwick Smith, Principal Chief
ATTEST: Jay Hannah, Secretary-Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
Don Crittenden YEA Barbara Starr-Scott ABSENT
John A. Ketcher YEA Harold "Jiggs" Phillips YEA
Don Garvin YEA Jackie Bob Martin YEA
David W. Thornton, Sr. YEA Melvina Shotpouch YEA
Mary Flute-Cooksey YEA Nick Lay YEA
John F. Keener YEA Stephanie Wickliffe-Shepherd YEA
Harold DeMoss YEA Dorothy J. McIntosh
Charles "Chuck" Hoskin ABSENT