104 Budget Process Requirements of the Executive Branch

(A) The Chief shall prepare and compile a proposed budget for presentment to the Council, which shall be called the "Presented Budget," and which shall include, both separately and incorporated into the proposed budget, all projected Revenues from all sources and all proposed expenditures.

(B) The Presented Budget shall not include any item which has not been previously authorized by law by one of the following:

(1) By the Constitution;

(2) By enacted Law or Resolution;

(3) Previously and separately authorized contract between the Tribe and the Federal, State, or local government;

(4) By the terms of a previously authorized grant from which funding was obtained and must be spent.

(C) The Executive Branch shall administer and spend funds in strict accordance with Budget and Appropriation laws of the Tribe in effect or as specifically required by the Constitution. An Authorization for an expenditure to be included within a budget may be general and need not specify each item within the budget. The Executive may expend funds in accordance with the requirements in the Authorization, Budget, and Appropriation. The Council's approval of a grant or contract shall be deemed to have authorized any expenditure required by the terms of the grant.

(D) No expenditure shall be made unless included in the Annual Budget.

(E) Each Executive branch Department, Program, and Business Enterprise, the Chief Justice of the High Court, and the Speaker of the Council, shall prepare and present to the Chief a proposed annual budget, including all anticipated revenues and proposed expenditures, including any contribution that the Tribe may be required to make for any grant, grant proposal, or start up contribution.

(F) The Chief shall prepare and present a comprehensive Annual Budget for the Tribe to the Council. The Chief shall present the proposed Annual Budget to the Council with sufficient time for the Council to review and take action.

(G) The Chief, the appropriate Department, Program, Business Enterprise representative, or a designee shall appear in public legislative hearings on all proposed annual budgets. A regular meeting of the Council or a Council Committee meeting may constitute a public hearing for purposes of this subsection, however, a Committee hearing does not prevent the Council from holding specific public hearings on budget proposals.

(H) The Council shall have the authority to pass a Budget Resolution to approve an Annual Budget or Budget Modification subject to the authority of the Chief.

(I) The Chief may veto a Budget Resolution in whole and not in part.

(J) Upon signature of the Budget Resolution by the Chief, or veto by the Chief and veto-override by the Council, the Annual Budget or Budget Modification shall be deemed approved and effective.

(K) If the Annual Budget is not approved by the beginning of the effective fiscal year, then the most recently approved Annual Budget shall remain in effect until a new Annual Budget is enacted into law.