09-14-89

                       CHAPTER 137

                 CHEROKEE ROADS COMMISSION

Section 137-1.  PURPOSE.

     The purpose of this Ordinance is to create an administrative body
whereby the Eastern Band of Cherokee Indians may provide for the
proper utilization and expenditure of all funds collected under the
Cherokee Gasoline Tax Ordinance.  This Ordinance shall establish a
body to be known as the Cherokee Roads Commission, who shall be solely
responsible for the expenditure of all gasoline tax revenues and
insuring that such funds are utilized only in the manner and for the
purposes designated by the Cherokee Gas Tax Ordinance and by this
Ordinance.

Section 137-2.  DEFINITIONS.

     The following words, terms and phrases as used in this Ordinance,
shall be defined as follows:

     (a)  "Bureau" shall mean the Bureau of Indian Affairs.

     (b)  "Chairman" shall mean the Chairman of Cherokee Roads
          Commission.

     (c)  "Commissioner" shall mean a member of the Cherokee Roads
          Commission.

     (d)  "Person" shall mean natural persons, partnerships, firms,
          associations and corporations.

     (e)  "Tax" shall mean the tax revenues collected under the
          Cherokee Gas Tax Ordinance.

Section 137-3.  COMMISSION.

     The Commission shall consist of seven persons who shall be
appointed for staggered terms of three years.  Members of the
Commission shall be appointed by the Tribal Council from persons
recommended by the Roads Committee.  One of the members appointed
shall be an employee of or person familiar with the operations and
regulations of the Qualla Housing Authority.  One of the members
appointed shall be an employee of or person familiar with the
operations of an transportation programs and policies of the Cherokee
Boy's Club.  One of the members appointed shall be an employee of the
Cherokee Agency Bureau Roads Division.  One of the members appointed
shall be an employee of or person familiar with the operations of the
Community Services Committee programs.  One of the members appointed
shall be an employee of or person familiar with the operations and
regulations of the Tribal Water and Sewer Department.  All
commissioners shall have authority to vote on issues coming before the
Commission.

Section 137-4.  AUTHORITY.

     The Commission is hereby vested with the following authority:

     (a)  To adopt a budget for the expenditure of tribal gasoline tax
          revenues and state gasoline tax refunds.

     (b)  To direct and authorize the expenditure of tribal gasoline
          tax revenues and state gasoline tax refunds.

     (c)  To establish written policies, priorities and standards for
          the expenditure of gasoline tax revenues and refunds for
          road maintenance, upkeep, improvements, construction and
          safety abatement.

     (d)  To utilize tribal gasoline tax revenues and state gasoline
          tax refunds as matching funds for programs, grants, and
          contracts where this will enhance the roadways on Cherokee
          trust lands and promote transportation safety within
          Cherokee trust lands.

     (e)  To establish financial guidelines for eligibility of persons
          to participate in programs or receive services or materials
          funded with tribal gasoline tax revenues and state gasoline
          tax refunds.

     (f)  To rent or purchase equipment, materials and supplies for
          use in connection with the maintenance, upkeep, improvement,
          construction and safety abatement of roadways and highways
          within Cherokee trust lands.

     (g)  To employ or contract with persons and government agencies
          or departments to provide service for the Tribe in
          connection with the maintenance, upkeep, improvement,
          construction and safety abatement of roadways and highways
          within Cherokee trust lands.

     (h)  To assume those duties formerly delegated to the Tribal
          Council Roads Committee to establish road maintenance and
          construction priorities for all BIA roads.

Section 137-5.  DUTIES.

     The Commission shall be charged with the following affirmative
     duties:

     (a)  The Commission shall meet at least once during each quarter
          of the calendar year.

     (b)  The Commission shall adopt an annual budget for the
          expenditure of tribal gasoline tax revenues and state
          gasoline tax refunds during each calendar year.

     (c)  The Commission shall approve projects maintenance, upkeep,
          improvement, construction or safety abatement or roadways
          and highways prior to the expenditure of any tribal gasoline
          tax revenues or state gasoline tax refunds.

     (d)  The commission shall establish a reserve fund of not less
          than two hundred fifty thousand dollars ($250,000) from
          state gasoline tax refunds.  The reserve fund shall be
          invested in interest bearing accounts with only the interest
          earnings available for emergency roadway and highway
          projects which shall be spent only with prior budget
          authority and approval by the Commission, who shall have
          sole authority to withdraw funds from the reserve.

Section 137-6.  EFFECTIVE DATE.

     Tribal Council Resolution No. 195 (1969) and all other
resolutions in conflict with this Ordinance are hereby rescinded. 
This Ordinance shall become effective immediately upon ratification by
the Principal Chief.

SOURCE:  Ord. 585, eff. Sep. 14, 1989.


Back to the Table of Contents