An Act
LEGISLATIVE ACT 14-02
Title
AN ACT AMENDING LEGISLATIVE ACT #37-01 AUTHORIZING THE
COMPREHENSIVE BUDGET FOR FISCAL YEAR 2002 - Mod. 5;
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. 5".
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 $970,981 for a total budget authority of $264,169,014. The following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $1,247,535 ( $435,000 Appropriated) Balance: $812,535
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 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 $970,981, to wit:
A. An increase in the Motor Fuels Tax budget authority of $116,442 for the
Scattered Housing program.
B. A net decrease in the DOI-General budget authority of <$1,153,983> for the
BIA funded Road Projects.
C. A net increase in the DOI�Self Governance Roads budget authority of
$308,862 for OSG funded Road Projects.
D. A net increase in the DHHS-General budget authority of $1,206,352 for the
Headstart and Early Headstart programs.
E. A net increase in the H.U.D. budget authority of $493,308 for the 2000 and
2001 NAHASDA grants as well as an increase on the ROSS grant.
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 13TH day of MAY, 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 21st of MAY, 2002.
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher YEA Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Shepherd ABSENT
Harold "Eggs" Phillips YEA John F. Keener YEA
Jackie Bob Martin YEA Harold DeMoss YEA
Mary Flute-Cooksey YEA Dorothy Jean McIntosh -
David W. Thornton, Sr. YEA Nick Lay YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott YEA