Title
AN ACT AMENDING LEGISLATIVE ACT #19-08 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2009 - 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 #19-08 Authorizing the Comprehensive Budget for Fiscal Year 2009 - 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 2009" or subsequent amendment. The cumulative total of the budget is increased by $9,589,447 for a total budget authority of $567,029,750. 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 $3,868,185 $5,983,991 <$3,906,123> $5,946,053
B. Motor Fuels Tax $0 $0 <$0> $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #19-08 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 a net increase of $9,589,447 to wit:
A. An increase in the General Fund budget authority of $3,906,123 for increased funding for Contract Health and Communications departments, as well as funding the prior year deficit on the Landfill.
B. An increase in the Enterprise Fund budget authority of $650,951 for the Landfill's prior year unfunded expenditures and the transfer of the proceeds of selling the tugboat.
C. An increase in the D.O.I. - Self Governance Fund budget authority of $305,000 related to the Delaware Agreement as well as the Competitive Projects program carryover.
D. An increase in the I.H.S. - Self Governance Health Fund budget authority of $3,728,841 related to carryover funds being reserved for future debt service obligations on the 2006 Health Series Bonds as well as a reserve for additional equipment replacement needs.
E. An increase in the NAHASDA budget authority of $1,000,000 related to the Rental Assistance program within the 2009 Indian Housing Plan.
F. A decrease in the Special Revenue Other budget authority of <$1,468> related to a carryover adjustment on a private grant.
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.