Title
AN ACT AMENDING LEGISLATIVE ACT #21-09 AUTHORIZING THE COMPREHENSIVE BUDGET FOR FISCAL YEAR 2010 - MOD. 4; AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
SECTION 1. TITLE AND CODIFICATION
This legislative act shall be titled and codified as "An Act Amending Legislative Act #21-09 Authorizing the Comprehensive Budget for Fiscal Year 2010 - Mod. 4".
SECTION 2. PURPOSE
The purpose of this amendment is to authorize and approve the use of funds, subject to the availability of such funds, in accordance with Section 4, changing the amounts of certain cost centers approved in the "Comprehensive Budget Act for Fiscal Year 2010" or subsequent amendment. The cumulative total of the budget is increased by $45,480,911 for a total budget authority of $593,207,800. The following items are identified as estimated General Fund sources in excess of appropriated uses to wit:
Previous Estimated Estimated Adjusted
Balance Sources <Uses> Balance
A. General Fund $0 $2,326 <$2,626> $0
B. Motor Fuels Tax $0 $0 <$0> $0
SECTION 3. LEGISLATIVE HISTORY
The provisions of compliance, policy of accountability, authorities and severability provided in Legislative Act #21-09 are applicable to this amendment.
SECTION 4. FUNDING AUTHORIZATIONS
The changes reflect increases to cost centers set forth in the program budget justifications incorporated herein. This amendment changes the total amount of the comprehensive budget authorization by an increase of $45,480,911 to wit:
A. An increase in the General Fund budget authority of $2,326 related to prior year royalty income to be transferred to the Cherokee Nation Education Corporation.
B. A net increase in the Motor Vehicle Tax Fund budget authority of $3,302,485 pursuant to revenue apportionments outlined in LA#01-01 and subsequent amendments.
C. An increase in the Housing Proceeds Fund budget authority of $1,387,388 provided to the Proceeds of Sale account through prior year carryover and other income received to date.
D. An increase in the Department of Transportation Fund budget authority of $3,027,641 related to additional funding received pursuant to the 2010 IRR Program's funding agreement.
E. A decrease in the DOI Self Governance Fund budget authority of <$170,091> related to a prior year carryover adjustment on the Housing Improvement Program.
F. An increase in the IHS Self Governance - Health Fund budget authority of $15,044,770 of prior year carryover funds. The use of these funds are related to the Health Information Systems, Muskogee Clinic maintenance, general equipment replacement as well as the construction and equipment costs of the Salina Dental Clinic.
G. A decrease in the IHS Self Governance - Environmental Health (TEH) Fund budget authority of <$6,698,937> related to adjusting the budget to the actual economic stimulus award level for Water and Sewer Program.
H. A decrease in the NAHASDA Fund budget authority of <$449,208> primarily related to the economic stimulus funding carryover on the Housing Rehabilitation budget as well as minor adjustments to carryover estimates on Modernization and Land Acquisition budgets from prior year Indian Housing Plans.
I. An increase in the Special Revenue - Other Fund budget authority of $34,537 of prior year carryover funds on the JOM Conference budget.
J. An increase in the Capital Projects Fund budget authority of $30,000,000 related to an IHS joint venture for a new health care clinic in Vinita.
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. EFFECTIVE DATE: EMERGENCY DECLARED
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this Act shall take effect immediately upon its approval and signatures.
SECTION 8. 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.