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(1) On or before the thirty-first day of October each year, the CEA Board shall adopt for submission to the Tribal Council a plan (the “Plan”) of operation for the upcoming calendar year. Provided, however, the initial Plan will be submitted on a date determined by Tribal Council and the CEA Board.

(2) The Plan shall include at least the following information for CEA and each enterprise and existing enterprise, as applicable:

(A) A proposed financial plan, including projected revenue and distributions to the Tribe;

(B) An unaudited report of the year’s operations to that date, including expenditures, income, profits, and performance relative to the goals set in the prior year’s annual plan;

(C) A projection of the final report for the year;

(D) Any planned changes in the nature or scope of the commercial activities to be conducted by CEA, including any new enterprises to be developed or acquired or anticipated divestiture of any existing enterprises;

(E) Any planned expansion or reduction in the inventory, assets, facilities, or personnel of the enterprises;

(F) Any construction, major repairs, major equipment purchases, or other capital expenditures planned;

(G) Plans or proposals for any joint ventures, partnerships, subcontracts, or new enterprises which will be employed to carry out the enterprises’ functions;

(H) Funds required for continuation or expansion of the operations;

(I) Any new loans or grants which the enterprises expect to apply for or receive or propose that the Tribal Council apply for on behalf of the enterprises; and

(J) A projected profit and loss statement, balance sheet, and cash flow analysis for the coming year.

(3) The Tribal Council will have until December 31st, to approve or amend the Plan. In the event that the Tribal Council does not approve a Plan prior to December 31st, then the prior year’s Plan will govern.

If approved, the Plan shall be deemed in effect on the first day of the upcoming year. The Plan may be amended by action of the Tribal Council in the event that either the CEA Board or the Tribal Council proposes an alternative Plan. If approved, the alternative Plan will govern CEA’s activities for the remainder of that year. Without amendment, the CEA Board may approve increases and reallocations of any budget line item so long as (A) the change in the line item does not exceed 10 percent, and (B) the projected decrease in revenue or distributions does not exceed 10 percent. [Res. 23-139, 2023.]