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A RESOLUTION AUTHORIZING LIMITED WAIVER OF SOVEREIGN IMMUNITY FOR THE PURPOSE OF A TOBACCO SETTLEMENT ENDOWMENT TRUST CONTRACT WITH THE STATE OF OKLAHOMA
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people; and
WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America; and
WHEREAS, being a federally recognized Indian Nation, the Cherokee Nation enjoys sovereign immunity from suit under federal and tribal law; and
WHEREAS, the Cherokee Nation has inherent sovereign authority as well as the authority granted by its Constitution and tribal law to enter into agreements to benefit the Nation and the citizens thereof; and
WHEREAS, a goal of the Cherokee Nation is to address health needs and to improve and promote health and welfare of its citizens; and
WHEREAS, the Cherokee Nation, through its Public Health Department applied for a Built Environment Grant: Physical Activity Grant and a Targeted Achievement Grant from the Oklahoma Tobacco Settlement Endowment Trust; and
WHEREAS, the Cherokee Nation’s Public Health Department was awarded a Built Environment Grant Physical Activity Grant and a Targeted Achievement Grant; and
WHEREAS, the Oklahoma Tobacco Settlement Endowment Trust has requested a limited waiver of sovereign immunity to allow enforcement of the parties’ obligations with respect to the Built Environment Grant: Physical Activity Grant Agreement and the Targeted Achievement Grant Agreement;
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purposes of allowing for the enforcement of the terms of the Built Environment Grant: Physical Activity Grant Agreement, attached hereto as “Attachment 1” and incorporated by reference as if stated in full herein; and the Targeted Achievement Grant Agreement, attached hereto as “Attachment 2” and incorporated by reference as if stated in full herein, the Council of the Cherokee Nation agrees to a limited waiver of sovereign immunity, only if the following conditions are met:
1. The limited waiver is for the sole purpose of enforcement of the Agreements identified above; and
2. The entity seeking to bring suit against the Nation is the Oklahoma Tobacco Settlement Endowment Trust; and
3. The claim is limited to breach of contract or indemnification and seeks only compensatory damages resulting from the Nation’s noncompliance with the terms of the Agreements, provided that the Nation’s limited consent to suit in an action for compensatory damages shall be limited to damages incurred through the date of the termination of the Grant Agreements; and
4. That in the event of an award of compensatory monetary damages, the award may be paid out of any of the Nation’s assets, excluding real property and improvements by was of fixtures and excluding funds held in trust by the United States on behalf of the Nation, and shall not be a lien on or encumbrance upon tribal property; and
5. The limited waiver shall not allow for recovery from any elected officials, officers, or employees of the Nation for monetary damages, punitive damages or exemplary damages, court costs, or attorney fees, or any other damages whatsoever; and
6. The limited waiver shall not be construed to authorize any action or claim against the Nation sounding in tort or any other type of claim or recovery not expressly authorized herein, for which purposes the Nation’s sovereign immunity shall be reserved; and
7. Oklahoma Tobacco Settlement Endowment Trust as a party to the agreement may not assign or transfer any rights granted by this waiver.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Council hereby adopts and approves a limited waiver of sovereign immunity of the Cherokee Nation, as incorporated above in this resolution, to the Oklahoma Tobacco Settlement Endowment Trust and not to any third parties, upon the approval of the awarded contractual language with the Oklahoma Tobacco Settlement Endowment Trust by the Cherokee Nation Tribal Council.
BE IT FURTHER RESOLVED that this Resolution shall in no manner or in any respect operate or be construed to operate to waiver or otherwise diminish the sovereign immunity of the Cherokee Nation, except as to allow certain actions against the Cherokee Nation as provided herein.