Title
A RESOLUTION AUTHORIZING A LIMITED CONSENT TO SUIT RELATED TO THE ACQUISITION OF PROPERTY FROM THE OKLAHOMA HISTORICAL SOCIETY
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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 an historic and continual government to government relationship with the United States of America; and
WHEREAS, the Cherokee Nation enjoys sovereign immunity from suit under federal law; and
WHEREAS, the Cherokee Nation wishes to enter into a contractual agreement to acquire the Worcester Mission Cemetery historic property in Park Hill, Oklahoma (“Agreement”), consisting of approximately 1 acre of real property, from the Oklahoma Historical Society, which includes provisions to allow enforcement of the parties’ obligations with respect to the proposed agreement if necessary.; and
BE IT RESOLVED BY THE CHEROKEE NATION, that for the sole purpose of allowing for enforcement of the terms of the Agreement, the Council of the Cherokee Nation hereby agrees to a limited consent to suit to allow enforcement of the parties’ obligations with respect to the proposed agreement if necessary, so long as such suit relates only to the Worcester Mission Cemetery property and the Nation’s obligations under the Agreement.
BE IT FURTHER RESOLVED BY THE CHEROKEE NATION, that this limited consent to suit shall not allow recovery of any kind from, or other remedies against the Cherokee Nation; or any elected officials, officers, or employees of the Cherokee Nation, whether for actual, liquidated, punitive, exemplary or other monetary damages, or for court costs or attorneys’ fees, or otherwise, except to the extent necessary for complete injunctive or other equitable relief pursuant to the Agreement.
BE IT FURTHER RESOLVED BY THE CHEROKEE NATION, that the duration of this waiver is limited to the duration of the provisions of the Agreement, including any such provisions which survive termination of the Agreement.
BE IT FINALLY RESOLVED BY THE CHEROKEE NATION, that this Resolution shall in no manner or in any respect operate or be construed to operate to waive or otherwise diminish the sovereign immunity of the Cherokee Nation, except as to allow certain actions as provided herein and in the applicable Agreement.
BE IT FINALLY RESOLVED BY THE CHEROKEE NATION, that the Council of the Cherokee Nation hereby authorizes the Principal Chief and/or his designee to execute all documents necessary for the Cherokee Nation to purchase such real property from the Oklahoma Historical Society, specifically including a limited consent to suit.