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File #: LA-22-04    Version: 1 Name: the Cherokee Nation Cemeteries Preservation Act of 2004
Type: Legislative Act Status: Veto Sustained
File created: 1/1/2004 In control: TRIBAL COUNCIL
On agenda: N/A Final action: 7/12/2004
Enactment date: 6/19/2004 Enactment #: LA-22-04
Title: AN ACT PROTECTING THREATENED TRADITIONAL CHEROKEE CEMETERIES PROVIDING SEVERABILITY AND DECLARING EMERGENCY
Sponsors: S. Joe Crittenden
Indexes: Cemeteries
Code sections: N/A - Not Applicable
Attachments: 1. LA-22-04.pdf
Related files: LA-33-04
VETO

LEGISLATIVE ACT 22-04
Title
AN ACT PROTECTING THREATENED TRADITIONAL CHEROKEE CEMETERIES
PROVIDING SEVERABILITY AND DECLARING EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE
This Act shall be known as "the Cherokee Nation Cemeteries Preservation Act of 2004.
SECTION 2. PURPOSE
The purpose of this Act is to make available funds for traditional Cherokee Cemeteries that are threaten with neglect and non-maintenance.
SECTION 3. LEGISLATIVE HISTORY
Article V Section 7 of the Cherokee Nation Constitution.
SECTION 4. DEFINITIONS
"Traditional Cherokee Cemetery" ? means any cemetery that contains gravesites of over 50% Cherokee tribal members and is located within the traditional boundaries of the Cherokee Nation.
SECTION 5. SUBSTANTIVE PROVISIONS
A total of $40,000.00, to be divided equally between council members, shall be used for preservation and maintenance of traditional Cherokee Cemeteries that are threatened by neglect and non-maintenance. The funds are to be distributed to cemeteries boards or individuals interested in the preservation of the cemetery in question. Requests for funds are to be made through the Councilpersons of the District and approved by the Language and Culture Committee. Persons or organizations receives funds shall give a written accounting with receipts detailing the supplies or services expended on the maintenance of cemeteries in questions. This accounting shall be presented to the Language and Culture Committee within one hundred and twenty (120) days from receipt of any funds. Failure to comply with this requirement may subject individuals receiving said funds to criminal liability. The Motor Fuels Tax Funds shall be the source of funds appropriated in this Act.
SECTION 6. CUMULATIVE
The provisions of this Act shall be cumulative to existing laws.
SECTION 7. 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 holdi...

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