Title
AN ACT AMENDING LEGISLATIVE ACT 25-05 AS AMENDED BY LA# 1-07 RELATING TO THE PRESERVATION OF CHEROKEE CULTURE AT CHEROKEE NATION FACILITIES
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the “CHEROKEE ART AND FACILITIES ACT OF 2006” and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.
Section 2. Purpose
The purpose of this act is earmark a percentage of construction or renovation cost on all facilities built by the Cherokee Nation (and it’s wholly-owned/majority owned businesses) to be used for historically and culturally appropriate artwork done by Cherokee Nation citizens.
Section 3. Definitions
For purposes of this Title:
Cherokee Nation Citizen: A citizen of the Cherokee Nation as determined by the Cherokee Nation Registration office.
Construction or renovation: This act applies to any new construction or any renovation to an existing facility, the cost of which exceeds $500,000.
Cherokee Nation facility: Any building or property owned or under construction by or for the Cherokee Nation, or subject to or under a long-term lease to the Nation in which the nation is investing its own capital for new construction or improvements to existing facilities, or any property owned or under construction by or for any business in which the Cherokee Nation is a sole or majority shareholder, or subject to or under a long-term lease to such business in which the business is investing its own capital for new construction or improvements to existing facilities.
Section 4. Substantive Provisions of Law
For any construction or renovation to an existing Cherokee Nation facility or property, or any facility or property in which the Cherokee Nation is the sole or majority shareholder, the budget of such project shall set aside one (1) per cent of the total cost of construction or renovation for artwork that is historically and culturally appropriate for the facility and provided that the artwork is designed and created by Cherokee Nation citizens. The facility being built or renovated must be suitable to housing and displaying art. If said facility is found not suitable to housing or displaying art the two percent (2%) of the construction budget referred to in this act shall be set aside for distribution to the nearest an appropriate Cherokee Nation owned facility capable of housing and displaying art.
Such artwork may include, but is not limited to: sculpture, painting, carving, beadwork, basketry, traditional crafts, culturally appropriate landscaping and any other media of Cherokee art deemed to be cultural, historic, or traditional. Expenditures under this act may include the cost of the appropriate display and installation of said art work.
The Principal Chief shall designate the appropriate office within the Executive Branch whose responsibility will be to make the determination of which artwork is appropriate under this act.
Section 5. Provisions as cumulative
The provisions of this act shall be cumulative to existing law.
Section 6. 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 7. Self-Help Contributions
To the extent that this Act involves programs or services to citizens of the Nation or others, self-help contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is granted due to physical or mental incapacity of the participant to contribute.