LEGISLATIVE ACT 29-02
Title
AN ACT AMENDING LEGISLATIVE ACT #37-01 AUTHORIZING THE
COMPREHENSIVE BUDGET FOR FISCAL YEAR 2002 - Mod. 8;
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 #37-01 Authorizing the Comprehensive Budget for Fiscal Year 2002 - Mod. 8".
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 2002" or subsequent amendment. The cumulative total of the budget is increased by $4,154,188 for a total budget authority of $276 923 072. The following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $1,247,535 ( $602,421 Appropriated) Balance: $645,114
B. G/F special div. $250,000 ( $0 Appropriated) Balance: $250,000
C. Gammon Trust $290,625 ( $290,625 Restricted) Balance: $0
D. G/F settlement $253,685 ( $253,685 Restricted) Balance: $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of an accountability, authorities and severability provided in Legislative Act 37-01 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 $4 154 188, to wit:
A. A net decrease in the General Fund budget authority of <$807,656> for the
Tax Commission breaking out the Motor Vehicle Division as a separate funding source.
B. An increase in the Indirect Cost Pool budget authority of $60,000 for inter-program contracts of the Security Department.
C. An increase in the Vehicle Tax Fund budget authority of $4 421 961 for the
Motor Vehicle Division of the Tax Commission.
D. A reprogram in the DOI-Self Governance Roads budget with no budget impact for the Fairview/Eucha Construction project.
E. An increase in the DOI-Self Governance budget authority of $559,310 for the H.I.P. programs FY2001 funding.
F. An increase in the IHS-Self Governance - TE11 budget authority of $375,573 for the FY2002 Environmental Health funding.
G. A decrease in the H.U.D. budget authority of <$455,000> to correct funds available for pass-thru to the Housing Authority for FY00/01 Housing Plans.
SECTION 5. 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 6. 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.
Passed by the Cherokee Council on the 12th day of August 12th, 2002.
Hastings Shade, President Council of the Cherokee Nation
ATTEST: Stephanie Shepherd-Wickliffe, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 15TH day Of AUGUST, 2002.
Chadwick Smith, Principal Chief Cherokee-Nation
Jay Hannah, Secretary /Treasurer Cherokee Nation
ATTEST:
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Shepherd YEA
Harold "Jiggs" Phillips YEA John F. Keener ABSENT
Jackie Bob Martin YEA Harold DeMoss YEA
Mary Flute-Cooksey YEA Buel Anglen YEA
David W. Thornton, Sr. YEA Nick Lay YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott YEA
� CHEROKEE NOON TRIBAL COUNCIL
Doug Evans, C.P. A., Executive Director, Financial Oversight
Memo
To: Harold DeMoss, Chairman, Executive & Finance Committee &
Barbara Starr-Scott, Co-Chair, Executive & Finance Committee
From: Doug Evans
CC: Executive & Finance Committee
Gina Blackfox, Legislative Aide
Date: 07/17/2002
Re: Budget Mod. #8 for July Executive & Finance Committee
Per your request,
I have reviewed the budget modification package for July 2002. Below is a summary of my review:
GENERAL FUND: (Increase - <$807,656>)
3): Cherokee Nation Tax Commission: Requesting a decrease in spending authority of <$816,016> due to .10 creation of the new funding source "Vehicle Tax" and the re-class out of General Fund over to the new funding source. This decrease is net of a $100,000 increase for the new Boat and Motor Tax Revenue; which will remain on the General Fund. The net impact to the General Fund after splitting out the vehicle tax and increasing the revenue projections for the current fiscal year is an increase in funds available for appropriation by $280,820.
(4): Court House: Requesting an additional $8,360 spending authority for the increase in actual brick sales for the sidewalk project.
ISP � INDIRECT COST POOL: (Increase - $60,000)
(5): Cherokee Nation Security: Requesting an increase of $60,000 spending authority pursuant to inter- program contracts with Sequoyah High School ($50,000) and Jack Brown Center ($10,000). These funds should have no impact on the IDC pool's financial position.
VEHICLE TAX (Increase � $4,421,961)
(6 - 9): Tax Comm. Motor Vehicle Activities: Requesting an increase of $4,421,961 of spending authority related to the vehicle tax revenue. This increase is primarily due to budgeting for the gross revenue projections as well as the transfer out of funds to the apportioned schools, roads and law enforcement activities.
DOI-SELF GOVERNANCE - Roads: (No $ impact)
(4� 11): Fairview/Eucha OSG: Merely a $5,000 reprogram of funds to close out the Construction Phase I costcenter and shift these funds over to the Phase II costcenter.
DOI-SELF GOVERNANCE: Increase - $559,310)
SG H.I.P. - HACN: Requesting an increase of $559,310 of spending authority for the HIP funds from the FY 2001 Annual Funding Agreement (AFA). These funds are available for appropriation.
IHS-SELF GOVERNANCE (T.E.H.): (Increase - $375,573)
(13): SG T.E.H. Current Year Funding: Requesting an increase of $375,573 of spending authority for the - Environmental Health Program of the IHS Self Governance funds from the FY 2002 Annual Funding Agreement (AFA) and adjust to the actual funding received.
H.U.D.: (Net Decrease - <$455,000>
(14 � 19): NAHAS 2000 & 2001 IHP'S: Reprogramming of the FY2000 New Construction and Rehabilitation budgets into the FY2001 block grant's New Construction and Rehab budgets, with a net decrease on the Housing Authorities passthrough funding. This reduction is due to a correction because the Compliance and IDA program fundings were previously not taken out of the passthrough amount. The error will be corrected with this modification's approval.
Summary:
All budgets submitted in this modification package appear to have adequate documentation and appear to be properly accounted for and justified.
If I can provide any further information, please do not hesitate to contact me.
CHEROKEE NATION
PROPOSED FY 2002 AMENDMENT
Sorted by Funding Source
Data
Source Ref # by Program/Purpose FY 2002 Prior LA Amend. Change to Sources Amend. Net Change
,Funding FS Expenses Total
Change
01 Cherokee Nation 1 101000 000000-General Fund Operations LA 5-02 714,804 - 714,804
2 101123 001000-CN Tax Comm-Motor Vehicle Div LA 5-02 (1,500,000) (916,016)_ (583,984)
100,000 I 150,000
3 101123 002000-Tax Commission-Boat/Motor New 250,000
101300 001026-Court House Mod 8 8,360 8,360 -
01 Cherokee Nation Total 526,836 $ 807,656 $ 280,820
-
04 Internal Service: Indirect Cost Pool 5 204203 000000-CN Security LA 37-01 60,000 60,000
04 Internal Service: Indirect Cost Pool Total $ 60,000 $ 60,000 $ -
05 Vehicle Tax 6 105000 000000-CN Tax Comm - Motor Vehicle New 2,805,000 2,805,000 -
7 105100 000000-Public Schools & Seq. HS New 1,045,000 1,045,000 -
8 105200 000000-Highways New 550,000 550,000 -
105300 000000-Marshal Service New 21,961 21,961 -
05 Vehicle Tax Total $ 4,421,961 $ 4,421,961 $ -
21 DOI-Self Governance-Roads 10 321112 000000-Fairview/Eucha OSG Const. LA 39-01 (5,000) (5,000) _
11 321129 000000-Fairview/Eucha Phase II-OSG Mod 9 5,000 5,000 -
21 DOI-Self Governance-Roads Total - $ - $ --
22 001-Self Governance 12 1322001 300000-SG H.I.P. - HACN ILA 37-01 559,310 559,310 I-
22 DOI-Self Governance Total 559,310 $ 559,310 $ -
31 IHS-Self Governance-TEH 13 J331100 000000-SG: TEH-Current Year Funding ILA 37-01 375,573 375,573 -
_ $ 375,573 $ 375,573 $ -
31 IHS-Self Governance-TEH Total
55 HUD 14 355017 225000-NAHASDA 2000 IHP W&S-New Cons LA 14-02 (292,500) (292,500)
15 355017 225001-NAHASDA 2000 IHP W&S-Rehab LA 14-02 (97,500) (97,500)
16 355017 300000-NAHASDA 2000 IHP: HACN LA 14-02 390,000 390,000 .
17 355020 225000-NAHASDA 2001 IHP W&S-New Cons New 292,500 292,500 -
18 355020 225001-NAHASDA 2001 IHP W&S-Rehab New 97,500 97,500 -
19 355020 300000-NAHASDA 2001 IHP: HACN LA 14-02 (845,000) (845,000)
55 HUD Total $ (455,000) $ (455,000) $ -
Grand Total $ 4,435,008 $ 4,154,188 $ 280 820_
7/17/2002 10:21 AM FY2002 Budget Mod Reconciliations_10.xls FS_(10)_PT