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File #: 06-179    Version: 1 Name: The Cherokee Nation Cemeteries Preservation Act of 2004
Type: Legislative Act Status: Passed
File created: 11/20/2006 In control: RULES COMMITTEE
On agenda: 11/30/2006 Final action: 1/29/2007
Enactment date: 1/22/2007 Enactment #: LA-02-07
Title: AN ACT AMENDING LA#33-04 RELATING TO PROTECTING THREATENED TRADITIONAL CHEROKEE CEMETERIES; PROVIDING SEVERABILITY AND DECLARING AN EMERGENCY
Sponsors: Jack D. Baker
Indexes: Cemeteries, Preservation
Code sections: Title 08 - Cemeteries
Attachments: 1. LA-02-07
Related files: LA-33-04
Title
AN ACT AMENDING LA#33-04 RELATING TO PROTECTING THREATENED TRADITIONAL CHEROKEE CEMETERIES; PROVIDING SEVERABILITY AND DECLARING AN 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 citizens or is historically significant. and is located within the boundaries of the Cherokee Nation.

SECTION 5. SUBSTANTIVE PROVISIONS

a. A total of $40,000.00, to be divided equally among council members, shall be used for preservation and maintenance of traditional Cherokee Cemeteries that are threatened by neglect and non-maintenance.
b. The funds are to be distributed to cemeteries boards or individuals interested in the preservation of the cemetery in question.
c. The Principal Chief shall designate an advocate/coordinator to ensure effective implementation of this Act.
d. The Language and Culture Committee is hereby authorized and directed to develop such policies and procedures necessary to effectively implement the program, including but not limited to, determining eligibility, verification of circumstances, assuring that services are not duplicated and conducting appropriate follow-up services and appeal rights in the event that assistance is denied. The policies and procedures will be published for review by the Tribal Council as well as the general public.
e. The Language and Culture Committee of the Council shall review and approve requests or referrals for projects under this Act, to be forwarded to the designated staff. Approvals or denials by the designated staff pursuant ...

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