Cite as: 68 CNCA § 1004

A. Revenue collected under § 1003 of this Act shall be used for both capital investments and operational expenses for the following "Public Health and Wellness Activities and Infrastructure":

1. Drug/Substance abuse or misuse treatment and prevention.

2. Smoking cessation programs.

3. Physical and mental wellness, including:

a. Wellness centers,

b. Food security and nutrition,

c. Parks, playground and other outdoor recreation,

d. Walking trails.

4. Public fresh water and wastewater systems improvements.

5. Public restrooms.

6. Safe access to public places, including sidewalks, driveways, parking areas and lighting and security systems.

7. Housing, where the Principal Chief determines that housing conditions constitute significant negative impact to public health.

8. Workforce training development, where the Principal Chief determines that workforce or training conditions constitute a significant negative impact on public health.

9. Public transit, where the Principal Chief determines that public transit conditions constitute a significant negative impact on public health.

10. Public safety equipment or infrastructure directly impacting public health.

11. Any other activity or investment that supports improvements to public health or behavioral health as determined by the Principal Chief.

12. Grants to or expenditures in support of third parties to fund or support operations or capital projects for any "Public Health and Wellness Activities and Infrastructure" described herein, including but not limited to, through:

a. The Public Health and Wellness Partners Grant program, administered by the Principal Chief or his designee consistent with such program in existence as of fiscal year 2025.

b. The Public Health and Wellness Fitness Partners Program, administered by the Principal Chief or his designee consistent with such program in existence as of fiscal year 2025, for the limited purpose of expanding third party wellness center access to Cherokee Nation citizens.

c. The CCO Wellness Partners Grant administered by the Cherokee Nation Department of Community and Cultural Outreach, or by such department as the Principal Chief shall designate, consistent with the program in existence as of fiscal year 2025, for the limited purpose of supporting Public Health and Wellness Activities and Infrastructure for CCO participating organizations.

d. The Public Health and Wellness Council District Infrastructure Fund, a fund:

(1) Not to exceed $1,700,000 annually, any unexpended funds at the end of each fiscal year are to be returned to the Public Health and Wellness Fund,

(2) Divided into seventeen equal shares of annual funds appropriated, such division being one share per the fifteen Council districts within the Cherokee Nation Reservation and two shares for areas outside the exterior boundaries of the Cherokee Nation Reservation,

(3) Administered by the Principal Chief or his or her designee pursuant to infrastructure project requests from members of the Council of the Cherokee Nation,

(4) Subject to an "Inter-Branch Memorandum of Understanding" executed by the Principal Chief and the Speaker of the Council.

B. Annually, unspent or unused funds collected under this Act shall be carried over into the following fiscal year. The carryover funds shall be used only for the expenditures consistent with the purposes of this Act.

C. Funds collected under § 1003 of this Act may be used as cash match for other funding sources, including Federal, State or private grant or funding programs, so long as the funding or grant opportunity is consistent with intent of this Act. Cash matches shall not surpass twenty-five percent (25%) of the ten percent (10%) revenue collected from Third Party Revenue.

D. The Principal Chief shall develop and present a phased project plan to the Council of the Cherokee Nation, on or before September 30, 2021. Any subsequent project plans or updates shall be provided to Council at least annually.

Historical Data

LA 12–21, eff. March 15, 2021. Amended LA 13-22, eff. April 11, 2022. Amended LA 02-23, eff. February 26, 2023. Amended LA 27-25, eff. September 25, 2025. Amended LA 09-26, eff. February 26, 2026.