An Act
LEGISLATIVE ACT 42-01
Title
AN ACT AMENDING LEGISLATIVE ACT #37-01 AUTHORIZING THE
COMPREHENSIVE BUDGET FOR FISCAL YEAR 2002 - Mod. 2;
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. 2".
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 $2,858,910 for a total budget authority of $241 894 359. The following items are identified as estimated funding sources in excess of appropriated uses to wit:
A. Motor Fuels Tax $2,236,322 ( $20,000 Appropriated) Balance: $2,216,322
B. G/F special div. $250,000 ( $0 Appropriated) Balance: $250,000
C. Gammon Trust $290,625 ( $290,625 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 $2,858,910, to wit:
A. A reprogram of the Motor Fuels Tax budget authority resulting in �impact
to provide for a matching requirement on a new Drug Elimination Program.
B. A reprogram of the Indirect Cost Pool budget authority resulting in $0 impact for the Information Systems and Network activities as well as creating a new Vocational Technology department.
C. An increase to the DOI-Self Governance budget authority of $118,538 primarily for Indian Child Welfare carryover funds.
D. An increase to the IHS-Self Governance � Office budget authority of $33,410 for computer network expansion costs that service IHS funded activities.
E. A net increase to the DHHS General budget authority of $86,824 for the
Diabetes Initiative Grant, NARCH program and several new grant awards.
F. A decrease to the U.S.D.A. budget authority of <$92,400> pursuant to receipt of the final award notification for the Food Distribution Program.
G. An increase to the H.U.D. budget authority of $2 102 682 for the I.C.D.B.G. grant, Drug Elimination grant and a Resident Opportunities and Self Sufficiency (ROSS) grant.
H. An increase to the E.P.A. budget authority of $75,000 for a UST certification program and a Hazardous Waste Management Project.
1. An increase to the Other Federal Funds budget authority of $530,728 for a
Technical Opportunities Program
J. An increase to the Private Funding budget authority of $4,128 for the
Microsoft Library Project carryover funds from prior years.
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 10TH day of DECEMBER, 2001.
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 13th day of DECEMBER, 2001
Chadwick Smith, Principal Chief Cherokee Nation
ATTEST: Jay Hannah, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
John A. Ketcher ABSENT Melvina Shotpouch YEA
Don Crittenden YEA Stephanie Shepherd YEA
Harold "Jiggs" 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 ABSENT
Don Garvin YEA Charles "Chuck" Hoskin YEA
Barbara Starr-Scott ABSENT