Council of the Cherokee Nation - File #: 10-005

• File #: 10-005
• Version: 2
• Name: CHEROKEE HOME ACCESS ACT OF 2010
• Type: Legislative Act
• Status: Veto Sustained
• File created: 1/13/2010
• In control: TRIBAL COUNCIL
• On agenda: 1/28/2010
• Final action: 5/10/2010
• Enactment date: 2/16/2010
• Enactment #: LA-08-10
• Title: AN ACT RELATING TO CONSTRUCTION OF AND IMPROVING ACCESS TO CHEROKEE OWNED HOMES FROM PUBLIC ROADS OR RIGHT-OF-WAYS AND DECLARING AN EMERGENCY
• Sponsors: Bill John Baker, Chuck Hoskin Jr.
• Indexes: Right of Way, Roads, Self Help housing
• Code sections: ?? - Unknown
• Related files: 10-035

Date	Ver.	Action By	Action	Result
5/10/2010	2	TRIBAL COUNCIL	Sustain the Chief's Veto	Pass
4/12/2010	2	TRIBAL COUNCIL	Tabled	Pass
3/15/2010	2	TRIBAL COUNCIL	Tabled	Pass
2/23/2010	2	OFFICE OF THE CHIEF	Vetoed
2/16/2010	2	TRIBAL COUNCIL	Approved	Pass
2/9/2010	2	EXECUTIVE AND FINANCE COMMITTEE	Amended	Fail
2/9/2010	2	EXECUTIVE AND FINANCE COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT RELATING TO CONSTRUCTION OF AND IMPROVING ACCESS TO CHEROKEE OWNED HOMES FROM PUBLIC ROADS OR RIGHT-OF-WAYS AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the “Cherokee Home Access Act of 2010” and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to allow funds to be utilized from existing self-help housing rehab funds and bridge/access funds of the Cherokee Nation to construct or repair driveways, sidewalks or other means of access from public right-of-ways to private homes owned by Cherokee citizens that qualify for such assistance.

Section 3. Legislative History

Article X, Section 7 of the Cherokee Nation Constitution states: “The credit of the Cherokee Nation shall not be given, pledged, or loaned to any individual, firm, company, corporation, or association without the approval of the Council. The Cherokee Nation shall not make any donations by gift, bonus, or otherwise, to any individual, firm, company, corporation, or association without the approval of the Council.

Section 4. Definitions

None.

Section 5. Substantive Provisions of Law

A. Funds appropriated by the Cherokee Nation in its annual budgetary Act, for self-help housing rehabilitation program may be utilized by qualified Cherokee applicants, to construct, improve and/or maintain access to their homes on private property from public roads or rights-of-way.

B. In addition, or in the alternative to, the funds described in Section 5(A), funds appropriated by the Cherokee Nation, in its annual budgetary Act, for bridge and access construction or maintenance, may be utilized by county or municipal governments to connect private driveways of qualified Cherokee applicants, to public roads.

1. Citizens awarded funds under Section 5(B) shall be limited to one (1) award every four (4...