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File #: 11-117    Version: Name:
Type: Legislative Act Status: Passed
File created: 9/14/2011 In control: TRIBAL COUNCIL
On agenda: 11/14/2011 Final action: 11/13/2011
Enactment date: 11/14/2011 Enactment #: LA-24-11
Title: AN ACT ESTABLISHING PROCEDURES FOR APPLICATIONS FOR PLACING LAND INTO TRUST BY FOREIGN NATIVE AMERICAN TRIBES WITHIN THE JURISDICTION OF THE CHEROKEE NATION
Sponsors: Lee Keener Jr., Jack D. Baker, Cara Cowan Watts, Buel Anglen
Indexes: Jurisdiction, Trust Land
Attachments: 1. LA-24-11
Title
AN ACT ESTABLISHING PROCEDURES FOR APPLICATIONS FOR PLACING LAND INTO TRUST BY FOREIGN NATIVE AMERICAN TRIBES WITHIN THE JURISDICTION OF THE CHEROKEE NATION
Body

BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This Legislative Act shall be titled as the “Land into Trust by Foreign Native American Tribes Act of 2011” and codified under Title_____ of the Cherokee Nation Code Annotated (“CNCA”).

Section 2. Purpose

The purpose of this Act is to establish procedures to approve any application by a Federally Recognized Native American Tribe or member(s) thereof, to have land put into Federal Trust Status, when said land is within the jurisdictional area of the Cherokee Nation and when said tribe or individual is neither the Cherokee Nation nor a citizen of the Cherokee Nation.

Section 3. Legislative History

Article VI, Section 7 of the Cherokee Nation Constitution.

Section 4. Definitions

Foreign Native American Tribes: means federally recognized Indian Tribes or bands, excluding the Cherokee Nation.

Federal Trust Status: means land the title to which is held in trust by the United States for an individual Indian or a tribe.

Section 5. Substantive Provisions
A. The Cherokee Nation, through its Principal Chief and its officers, shall object to any application, request, or proposal by a Foreign Native American Tribe to acquire, transfer, or otherwise place land in Federal Trust Status within the jurisdictional boundaries of the Cherokee Nation, unless the Principal Chief is authorized to consent to the same by a resolution of the Council of the Cherokee Nation, approved by a 2/3 vote of the Council’s entire membership, and approved by the Principal Chief under Article VI, Section 10 of the Constitution of the Cherokee Nation. The Principal Chief and the Officers of the Cherokee Nation may be enjoined by the Courts of the Cherokee Nation to carry out this obligation.
B. Except as authorized under § 5.A above, neither the Principal...

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