Title
AN AMENDMENT TO LEGISLATIVE ACT #07-01, REQUIRING TRIBAL COUNCIL CONSENT FOR LITIGATION BROUGHT ON BEHALF OF THE CHEROKEE NATION; ADDING REQUIREMENTS FOR CONSENT OF THE TRIBAL COUNCIL TO THE SETTLEMENT OF SUCH LITIGATION
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification:
This Legislative Act shall be titled as the “The Consent To Litigation and Settlement Approval Act of 2011” and codified under Title 19_of the Cherokee Nation Code Annotated (“CNCA”).
Section 2. Purpose:
The purpose for this enactment is to require Tribal Council consent prior to the filing any litigation that involves the Nation’s sovereignty or substantial assets. of the Cherokee Nation. And further requires the consent of the tribal council in order to make any settlement effective.
Section 3. Legislative History:
La -7-01
Article V. Article VI, Section 7 of the Cherokee Nation Constitution: The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution. The style of all bills shall be: “Be It Enacted By The Cherokee Nation”. The style of all resolutions shall be “Be It Resolved By The Cherokee Nation”.
Section 4. Definitions:
For purposes of this Title:
A. Cherokee Nation: means the government of the Cherokee Nation located at Tahlequah, Oklahoma.
B. Tribal Council: means the Cherokee Nation Council.
C. Filing: means the initiation of legal action in any court or regulatory body.
D. Litigation: means any proceeding or suit at law.
E. Sovereignty: means the matters that concern the boundaries, or territory, or the jurisdiction, or treaty rights, citizenship, or the powers or rights of self-governance of the Cherokee Nation.
F. Substantial Assets: litigation that involves an amount in controversy in excess of one hundred thousand dollars ($100,000).
G. Principal Chief: means the Principal Chief of the Cherokee...
Click here for full text