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File #: 08-111    Version: 1 Name: FY08 Budget Mod 11
Type: Legislative Act Status: Passed
File created: 8/18/2008 In control: EXECUTIVE AND FINANCE COMMITTEE
On agenda: 8/28/2008 Final action: 9/15/2008
Enactment date: 9/15/2008 Enactment #: LA-18-08
Title: AN ACT AMENDING LEGISLATIVE ACT #37-07 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2008 - MOD 11; AND DECLARING AN EMERGENCY
Sponsors: Jack D. Baker, Cara Cowan Watts
Indexes: Budget - Comprehensive , Budget - Modification
Code sections: N/A - Not Applicable
Attachments: 1. LA-18-08, 2. LA-18-08-BACKUP
Related files: 07-130
Title
AN ACT AMENDING LEGISLATIVE ACT #37-07 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2008 - MOD 11; 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 #37-07 Authorizing the Comprehensive Budget for Fiscal Year 2008 - Mod. 11".
 
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 2008" or subsequent amendment.  The cumulative total of the budget is increased by $1,516,812 for a total budget authority of $484,140,028.  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              $1,147,295             $97,000          <$126,582>           $1,117,713
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 #37-07 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 $1,516,812 to wit:
 
A.      An increase in the General Fund budget authority of $126,582 primarily related to the Cherokee National Holiday as well as renovation efforts on the Keetoowah Street duplexes.
 
B.      An increase in the Housing Proceeds Fund budget authority of $287,222 related to insurance proceeds received during the year.
 
C.      An increase in the DOI Self Governance Fund budget authority of $17,614 related to the Tar Creek project.
 
D.      An increase in the IHS Self Governance - Health Fund budget authority of $1,084,537 to authorize the increased funding for Contract Health Services.
E.      An increase in the U.S.D.A. Fund budget authority of $857 related to the environmental quality incentive program.
 
F.      A reallocation within the NAHASDA Fund budgets of $75,001 with $0 net impact due to a shift of funding within the Rental Assistance Program for dorm rental assistance.
 
 
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.