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A RESOLUTION RATIFYING A SELF-GOVERNANCE COMPACT WITH THE UNITED STATES OF AMERICA, HEALTH AND HUMAN SERVICES, INDIAN HEALTH SERVICE
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in behalf of the Cherokee people;
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;
WHEREAS, the U.S. Congress has found that the tribal right of self-government flows from the inherent sovereignty of Indian tribes and nations; and that the United States recognizes a special government-to-government relationship with Indian tribes, including the right of the Indian tribes to self-governance, as reflected in the Constitution, treaties, Federal statutes, and the course of dealings of the United States with Indian tribes;
WHEREAS, self-governance has authorized the Nation to plan, conduct, consolidate, administer, and receive funding for all programs, services, functions and activities that were previously carried out by the Secretary of Health and Human Services on behalf of the Cherokee Nation;
WHEREAS, the Nation has found that self-governance is an efficient and effective means of achieving control and direction of the health and related services of the Indian Health Service, and considers the self-governance initiative highly successful;
WHEREAS, Resolution Number 11-93, approved on February 13, 1993, first authorized Principal Chief Wilma Mankiller to enter a self-governance compact and annual funding agreements with the Indian Health Service (IHS) under the Indian Self-Determination and Education Assistance Act, P.L. 93-638 as amended;
WHEREAS, Resolution Number 15-06, approved on March 13, 2006 reaffirmed the authorization for the Principal Chief to negotiate and execute IHS Self-Governance compacts and Funding Agreements;
WHEREAS, pursuant to these authorizations, the Principal Chief has negotiated and executed the most recent Compact of Self-Governance for IHS programs on March 3, 2006, and the most recent attached Funding Agreement on July 24, 2008;
WHEREAS, each annual budget approved by the Council of the Cherokee Nation since Resolution Number 11-93 has included programs, services, functions and activities of the IHS and associated funding for self-governance programs which were included in funding agreements;
WHEREAS, Legislative Act 15-01 requires compacts to be ratified by the Council of the Cherokee Nation.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Council of the Cherokee Nation hereby ratifies the Compact of Self-Governance entered into on March 6, 2006 for Indian Health Service programs, services, functions, and activities, including WW Hastings Indian Hospital, and including all attachments to such compact as they are negotiated from time-to-time.