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File #: 20-048    Version: 1 Name: CN CEMETERIES PRESERVATION ACT AMENDMENT
Type: Legislative Act Status: Passed
File created: 8/11/2020 In control: TRIBAL COUNCIL
On agenda: 8/27/2020 Final action: 8/31/2020
Enactment date: 8/27/2020 Enactment #: LA-15-20
Title: AN ACT AMENDING THE CHEROKEE NATION CEMETERIES PRESERVATION ACT OF 2017 TO PROVIDE FOR THE REPAIR AND RESTORATION OF UNMARKED AND DAMAGED HISTORICAL CHEROKEE GRAVES AND DECLARING AN EMERGENCY
Sponsors: Joe Deere
Indexes: Cemeteries
Code sections: Title 08 - Cemeteries
Attachments: 1. LA-15-20.PDF
Related files: CNCA-08
Title
AN ACT AMENDING THE CHEROKEE NATION CEMETERIES PRESERVATION ACT OF 2017 TO PROVIDE FOR THE REPAIR AND RESTORATION OF UNMARKED AND DAMAGED HISTORICAL CHEROKEE GRAVES AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act amends the Cherokee Nation Cemeteries Preservation Act of 2017 and shall be codified at Title 8, Section 4 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to amend Title 8 of the Cherokee Nation Code Annotated to provide for the restoration and repair of unmarked and/or damaged historical Cherokee graves.

Section 3. Legislative History

Article VI, Section 7 of the Cherokee Nation Constitution states that the Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation.

LA 33-04, eff. August 11, 2004.
Amended. LA 02-07, eff. February 21, 2007.
Amended. LA 17-17, eff. June 19, 2017

Section 4. Substantive Provisions

ยง 4. Appropriation-Advocate/coordinator-Policies and procedures

A. All monies appropriated for cemetery maintenance shall be used for preservation, repair, restoration and/or maintenance of traditional or historically significant Cherokee cemeteries, unmarked graves and/or damaged graves that are threatened by neglect and non-maintenance.

B. The funds are to be distributed to cemetery boards or individuals interested in the preservation of the cemetery, unmarked graves and/or damaged graves in question.

C. The Principal Chief shall designate an advocate/coordinator to ensure effective implementation of this act.

D. The Culture Committee of the Council 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...

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