Council of the Cherokee Nation - File #: 15-074

• File #: 15-074
• Version: 1
• Name: FY2016 CAPITAL BUDGET
• Type: Legislative Act
• Status: Passed
• File created: 8/31/2015
• In control: TRIBAL COUNCIL
• On agenda: 9/14/2015
• Final action: 9/16/2015
• Enactment date: 9/14/2015
• Enactment #: LA-16-15
• Title: AN ACT AUTHORIZING AND APPROVING THE FISCAL YEAR 2016 CAPITAL BUDGET; AND DECLARING AN EMERGENCY
• Sponsors: Janees Taylor, Keith Austin
• Indexes: Budget - Comprehensive
• Code sections: N/A - Not Applicable
• Related files: 15-072, 16-016, 16-074, 16-042

Date	Ver.	Action By	Action	Result
9/16/2015	1	OFFICE OF THE CHIEF	Signed
9/14/2015	1	TRIBAL COUNCIL	Approved	Pass
8/31/2015	1	EXECUTIVE AND FINANCE COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AUTHORIZING AND APPROVING THE FISCAL YEAR 2016 CAPITAL BUDGET; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE COUNCIL OF THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be titled and codified as “The Comprehensive Capital Appropriations Bill for Fiscal Year 2016”.

Section 2. Purpose: To comply with the Constitution and laws of the Cherokee Nation, to authorize funding for governmental Capital-Type Expenditures and to provide full disclosure of finances, expenditures and revenues.

A. The purpose of this enactment is intended to review, authorize, approve and ratify appropriations for Capital Expenditures in compliance with the specific laws governing appropriations (62 CNCA 31 & 32).

B. The use of such funds shall be subject to public disclosure.

Section 3. Policy of Accountability:

A. All funds under the care of the Cherokee Nation shall only be expended as authorized by this enactment unless amended.

B. Any official who intentionally and willfully misuses, misapplies, diverts or embezzles the application or use of any public funds entrusted to the care of the Cherokee Nation from any sources many be prosecuted according to applicable criminal statutes.

C. The enactment of this Act or any part thereof, does not ratify, condone or legalize any prior expenditure which may be incurred contrary to Cherokee law. Any unauthorized expenditures, misappropriations, or other illegal acts involving the finances of the Cherokee Nation or any of its subsidiaries may be prosecuted under applicable law or other appropriate administrative or legal remedies.

Section 4. Legislative History

A. The Constitution and laws (Title 62 of the Cherokee Nation Code) provides the requirements for appropriations, review and authorization for the use of all funds.

B. The budget estimates of revenues and expenditures for Fiscal Year 2016 to document funding availability and provide justifications for expenditures are incorporated her...