An Act
LEGISLATIVE ACT 20-02
Title
AN ACT AMENDING LEGISLATIVE ACT #37-01 AUTHORIZING THE
COMPREHENSIVE BUDGET FOR FISCAL YEAR 2002 - Mod. 7;
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. 7".
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 $4 649 150 for a total budget authority of $272,453,284. The following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $1,247,535 ( $441,421 Appropriated) Balance: $806,114
B. G/F special div. $250,000 $0 Appropriated) Balance: $250,000
C. Gammon Trust $290,625 ( $290,625 Restricted) Balance: $0
D. GIF settlement $253,685 ( $253,685 Restricted) Balance: $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of 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 $4,649,150, to wit:
A. An increase in the General Fund budget authority of $1,696 for the Cherokee
Nation Holiday activities.
B. An increase in the Non-Expendable Trust Fund budget authority of $7,558
for various tribal loan funds
C. An increase in the Enterprise Fund budget authority of $22,607 for the
Childhood Development Centers in Tahlequah and Stilwell.
D. A decrease in the DOI-Self Governance Roads budget of <$280,788> to adjust FY2001 carryover funds for the Candy Mink and Fairview/Eucha Phase- II projects.
E. An increase in the DOI-Self Governance budget authority of $36,995 for the
Real Estate Services program.
F. An increase in the DOI-Self Gov. PL 102-477 budget authority of $2 970 379
for the Child Care Program's FY2002 grant award.
G. An increase in the IHS-Self Governance � TEH budget authority of
$1 871 000 for the FY2002 funding of the Scattered Housing program as well as new waterline extension projects.
H. An increase in the DHHS-General budget authority of $19,690 for the Child
Care program's FY2001 carryover adjustment.
I. An increase in the State of Oklahoma budget authority of $13 to adjust the
Resource and Referral program to the actual award amount.
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 15th day of JULY, 2002.
Hastings Shade, President Council of the Cherokee Nation
ATTEST: Stephanie Shepherd, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 22nd day of JULY , 2002.
ATTEST: Jay Hannah, Secretary / Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Shepherd YEA
Harold "Jiggs" Phillips ABSENT John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss ABSENT
Mary Flute-Cooksey YEA Buel Anglen YEA
David W. Thornton, Sr. YEA Nick Lay ABSENT
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott ABSENT
CHEROKEE NATION 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: 06/19/2002
Re: Budget Mod. #7 for June Executive & Finance Committee
Per your request, I have reviewed the budget modification package for June 2002. Below is a summary of my review:
GENERAL FUND: (Increase -$1,696)
'1 - 11): Cherokee Nation Holiday Activities: Requesting an increase of $1,696 for- various activities to be conducted during the holiday which will be funded by other income derived by the activities themselves.
NON-EXPENDABLE TRUSTS: (Increase -$7,558)
(12 - 14): Tribal, Employee and Emergency Loan Funds: Requesting an increase of $7,558 to cover the costs associated with potential bad debts. These expenditures are covered with other income derived from the outstanding loans.
ENTERPRISES -Tribal (Increase � $22,607)
(15 - 16): Child Development Centers: Requesting an increase of $22,607 of spending authority related to the start up operation of the new building. Transfers provide these funds from the Child Development Grant.
DOI-SELF GOVERNANCE - Roads: (Decrease - <$280,788>)
(17 � 19): IRR Road Projects: Represents a decrease of spending authority on the Candy Mink and The Fairview Eucha Phase ll projects of <$280,788> to match the actual carryover of FY2001 and the FY2002 award amount.
DOI-SELF GOVERNANCE: (Increase -$36,995)
(20): Real Estate Services: Requesting an increase of $36,995 of spending authority with the funds derived from other income received pursuant to the administrative fees received for actions related to agricultural 'eases. Budgeted uses primarily are capital acquisitions of $20,000 and the increase costs for IDC charges.
DOI-SELF GOVERNANCE-PL 102-477: (Increase � $2,970,379)
21 - 24): Child Care Grant: Requesting spending authority for the FY2002 Child Care Grant award primarily budgeted to be expended for contracted child care providers.
IHS-SELF GOVERNANCE - TEH: (Increase - $1,871,000)
(25 - 28): Environmental Health Services: Requesting an increase of $1,871,000 of new self governance funding for Scattered Housing ($940,000), the Mayes/Leach extension project ($169,000), the Thompson Corner extension project ($368,000) and the Stickross Mountain/Miller project ($394,000).
DHHS - GENERAL: (Increase - $19,690)
(29 - 40): Child Care Program: Reprogramming and realigning of budgets to fund the transfers to the CDC Enterprise operations (items 15 & 16) and adjust the budgets to the actual FY2001 carryover amounts.
STATE OF OKLAHOMA: (Increase - $13)
(41): Resource and Referral - DHHS: Requesting an increase of $13 to adjust the budget to the actual award amount received from the state.
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.
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