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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
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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 Nation.
H. Settlement: means the final disposition or resolution of a case or suit which is arrived by agreement and or consent of the parties.
Section 5. Substantive Provisions:
A. Any litigation brought on behalf of the Cherokee Nation against any non-Cherokee Nation entity in any court or jurisdiction, must be authorized by the Principal Chief and ratified by the Tribal Council prior to the filing of said litigation, when said suit involves the Sovereignty of the Cherokee Nation or substantial assets. If, due to exigent circumstances, litigation must be commenced or filed prior to securing ratification or approval by the Tribal Council, such ratification or approval must be granted within 60 days or such litigation shall be dismissed. These requirements do not apply to routine civil or criminal litigation carried out by the Justice Department of the Cherokee Nation.
B. Settlement of any litigation that is filed pursuant to Section 5 A of this act must be approved by a majority of the Tribal Council before said settlement becomes effective.
Section 6. Provisions as cumulative:
The provisions of this act shall be cumulative to existing law.
Section 7. Severability:
The provisions of this act are severable and if any part of provision hereof shall be held void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this act.
Section 8. Emergency Declared:
It being immediately necessary for the welfare of the Cherokee Nation, the Council hereby declares that an emergency exists, by reason whereof this act shall take effect and be in full force after its passage and approval.