Committee: LH&C, Rules, and E&F Author: Mike Miller
Date: 6-10-05 Committee Date: 6-22-05, 6-23-05, & 6-30-05 Sponsor: Phyllis Yargee
An Act
Legislative Act 25-05
AN ACT RELATING TO THE PRESERVATION OF CHEROKEE CULTURE AT
CHEROKEE NATION FACILITIES
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 2005" 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.
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.
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.
Enacted by the Council of the Cherokee Nation on the 11th day of July, 2005.
Joe Grayson, Jr. President Council of the Cherokee Nation
ATTEST: Audra Smoke-Conner, Secretary Council of the Cherokee Nation
Approved and signed by the Principal Chief this 13th day of JULY, 2005.
Chadwick Smith Principal Chief Cherokee Nation
Callie Catcher, Secretary/Treasurer Cherokee Nation
YEAS AND NAYS AS RECORDED:
Audra Smoke-Conner YEA Melvina Shotpouch YEA
Bill John Baker YEA Meredith A. Frailey Absent
Joe Crittenden YEA John F. Keener YEA
Jackie Bob Martin YEA Cara Cowan YEA
Phyllis Yargee YEA Buel Anglen YEA
David W. Thornton, Sr. Absent William G. Johnson YEA
Don Garvin YEA Charles "Chuck" Hoskin YEA
Linda Hughes-O'Leary YEA