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A RESOLUTION AUTHORIZING THE UNITED STATES DEPARTMENT OF INTERIOR AND INDIAN HEALTH SERVICE TO TRANSFER TITLE OF THE CLAREMORE INDIAN HOSPITAL PROPERTY TO THE UNITED STATES IN TRUST FOR THE CHEROKEE NATION
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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, the Council of the Cherokee Nation, by Resolution 57-24, of September 16, 2024, expressed support for the Principal Chief compacting programs, services, functions and activities and ownership of facilities of the Indian Health Service’s Claremore Service Unit, commonly and historically referred to as "Claremore Indian Hospital"; and,
WHEREAS, the Cherokee Nation has made agreements with Indian Health Service relating to the assumption, administration, operation of the Claremore Indian Hospital on October 1, 2025, under Title V of the Indian Self-Determination and Education Assistance Act, 25 U.S.C. §§ 5381-5399 (“ISDEAA”); and,
WHEREAS, the Cherokee Nation administers and operates tribal community health programs and the Claremore Indian Hospital in accordance with applicable federal law, the ISDEAA, a Compact and Funding Agreement under Title V of the ISDEAA, and the laws and policies of the Cherokee Nation; and
WHEREAS, the Claremore Indian Hospital, including all lands, buildings, structures, and related facilities, i.e., water systems, heating plants, etc., are presently owned by the U.S. Government; and,
WHEREAS, 42 C.F.R. § 137.215(a) provides “the Self-Governance Tribe must take title to all real or personal property (furnished by the Federal Government for use in the performance of a compact, funding agreement) unless the Self-Governance Tribe requests that the United States retain the title;” and,
WHEREAS, pursuant to 25 U.S.C. § 5392(c)(2)(C), after taking title to the Claremore Indian Hospital Property the Tribe will “remain eligible for replacement, maintenance, and improvement on the same basis as if title to such property were vested in the United States.”
NOW, THEREFORE, BE IT RESOLVED, that the Tribal Council hereby determines, pursuant to 42 C.F.R. § 137.215(a), the Tribe will take title to Claremore Indian Hospital Property; and
BE IT FURTHER RESOLVED, that the Cherokee Nation requests that the Department of Interior and the Indian Health Service transfer title of the Claremore Indian Hospital Property to the United States in trust for the Cherokee Nation.