Title
CHEROKEE NATION NURSING AND ALLIED HEALTH EDUCATION CENTER AND ENDOWMENT ACT OF 2026
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This legislative act shall be titled and codified as the Cherokee Nation Nursing and Allied Health Education Center and Endowment Act of 2026.
Section 2. Legislative History
Resolution 44-23 <https://cherokee.legistar.com/LegislationDetail.aspx?ID=6436390&GUID=0E0371DC-7EAC-41B2-8EAD-D7FF5EE2433E&Options=ID|Text|&Search=mercy>
Section 3. Purpose and Findings
A. Purpose: The purpose of this Act is to authorize the designation of a facility located in Tahlequah as the Cherokee Nation Nursing and Allied Health Education Center, primarily for the provision of nursing and allied health education.
B. Findings: The Council of the Cherokee Nation finds that the facility known as W.W. Hastings Hospital is scheduled for replacement in fiscal year 2026 and should be thereafter redesignated and remodeled for its highest and best use in further service of the interests of the Cherokee Nation. The Principal Chief has advised the Council of opportunities to provide health care education, directly and/or by third parties, to citizens of the Cherokee Nation and the general public in a manner that helps meet the workforce development interests of the Cherokee Nation, including but not limited to through agreements with the University of Oklahoma, authorized under “A Resolution Repealing and Replacing Resolution 67-21 (December 13, 2021) In Support of Certain Health Care Capital Projects Under the Respond, Recover and Rebuild Plan” (Resolution 44-23). More specifically, Resolution 44-23 authorized the Principal Chief to enter into agreements with, among other entities, the University of Oklahoma, to, among other things, support “[c]ollaboration between the parties on healthcare workforce development.” The Principal Chief has further advised the Council of a tentative plan to remodel said facility for the provision of said education. The Council finds that the close geographic proximity of said facility to other Cherokee Nation health system and related facilities is a compelling factor favoring further healthcare education capital investment at said facility. The Council therefore finds that the highest and best use for said facility should primarily be for the provision of nursing and allied health education. The Council further finds that in further consideration of Cherokee Nation’s commitment to higher education and healthcare workforce development that a permanent endowment in support of nursing education should be established.
Section 4. Facility Naming
A. W.W. Hastings Hospital: The designation of the facility located at 100 S Bliss Avenue, Tahlequah, Oklahoma, more specifically described in Exhibit A, as W.W. Hastings Hospital, shall terminate upon the transfer of outpatient healthcare operations there to the replacement outpatient facility located approximately one-half mile to the east of said facility, upon which said replacement facility shall be designated Cherokee Nation W.W. Hastings Hospital, all said designations described herein memorialized in writing to the Speaker of the Council.
B. Cherokee Nation Nursing and Allied Health Education Center: Upon the Principal Chief memorializing the designations described in Section 4(A) of this Act, the facility located at 101 S. Bliss, Tahlequah, Oklahoma, more specifically described in Exhibit A, shall be designated as the Cherokee Nation Nursing and Allied Health Education Center, alternatively referred to herein as the “Subject Facility,” provided:
1. The Principal Chief is authorized to execute such agreements with third party providers of education in said Subject Facility which may permit additional sub-naming and signage as may be required by said agreements.
C. All references to “designation” are synonymous with “naming” within the meaning of Legislative Act 51-21 <https://cherokee.legistar.com/LegislationDetail.aspx?ID=5204276&GUID=F074A489-A0EF-4A11-BF9F-8C102300612D&Options=ID|Text|&Search=51-21>, “An Act amending the Comprehensive Building Naming Act of 2021.”
Section 5. Policy of Accountability
A. All funds pursuant to this Act under the care of the Cherokee Nation shall be expended as authorized by this enactment unless amended.
C. Any official who intentionally and willfully misuses, misapplies, diverts or embezzles the application or use of any public funds entrusted to the care of the Cherokee Nation from any sources may be prosecuted according to applicable criminal statutes.
Section 6. Substantive Provisions
A. Authorization to Lease: Without limitations of the Principal Chief’s preexisting legal authority to execute agreement with third parties in the name of the Cherokee Nation, and without diminishing the Council’s authority concerning the same, the Principal Chief is expressly authorization to execute such lease agreements relating to the Subject Facility as necessary to effectuate the purposes and policies of this Act, including submitting such lease agreements for approval to the United States Department of Interior (USDOI) on terms the Principal Chief determines are in the Nation’s best interest within the meaning of Title 25 CFR §162.428(a), including with a waiving bonds on Cherokee land leases within the meaning of 25 CFR §162.434(f)(g) and waiver of valuation within the meaning of 25 CFR §162.420(a), without further requirement of resolution of the Council, provided the Principal Chief provides the Council with a final draft of any such lease with a 15 day notice and comment period before submission of said lease to USDOI for USDOI approval.
B. Funding Sources: The funding sources include dividends received from those for-profit corporations in which Cherokee Nation is the sole or majority shareholder, and that are incorporated under Cherokee Nation law and grants, donations, miscellaneous sources and contributions, revenues of enterprises, taxes, and special and general fund sources.
C. Authorized Use of Funds: Beginning in fiscal year 2026 upon enactment of this Act through fiscal year 2028, the Council authorizes $35,000,000 for the following authorized purposes:
1. Remodel the Subject Facility: Remodel of the Subject Facility sufficient to effectuate the purposes and polices of this Act, including meeting the requirement of the “Artist Recovery Act Reauthorization <https://cherokee.legistar.com/LegislationDetail.aspx?ID=7094464&GUID=CA10650A-9A70-43BE-BA95-A84E680243E9&Options=ID|Text|&Search=artist+recover+act>” (Legislative Act 05-25), excluding any expenditures by a third party lessee of the Subject Facility for the installation of specialized education or training equipment and related facility improvements.
2. Cherokee Nursing Scholars Endowment: Transfer of funds, not to exceed $5,150,000, to the Cherokee Nation Foundation, for the purpose of creating the Cherokee Nursing Scholars Endowment, provided;
a. Said endowment must be memorialized in a memorandum of understanding between the Cherokee Nation and the Cherokee Nation Foundation, provided further that said memorandum of understanding:
(1) Must primarily serve to establish scholarships for Cherokee Nation citizens, without regard to student residency, for obtaining bachelor or Master of Nursing degrees, and
(2) May establish scholarships for Cherokee Nation citizens, without regard to student residency, for obtaining degrees in health fields other than nursing in order to meet the workforce needs of the Cherokee Nation Health system from time to time, and
(3) May include, with respect to any scholarships described in this section, employment payback provisions incentivizing scholarship recipients to become employees within Cherokee Nation’s Health System, and
(4) May include provisions for Cherokee Nation Foundation to expend up to a total of $150,000 of said endowment principal on scholarships for the inaugural 2026-2027 and 2027-2028 academic years of the endowment.
(5) May include provisions for Cherokee Nation Foundation to retain of a reasonable amount of the annual endowment yield to pay for reasonable administrative expenses.
(6) Must be provided in final draft form for a period of review by the Council not less than 30 days prior to execution, absent waiver of such period by resolution of the Council.
b. No less than one-half of the funds for said endowment must be transferred by the Principal Chief by the end of fiscal year 2026, with any remainder subject to the Principal Chief’s transfer no later than the end of fiscal year 2027.
D. Council Notice and Consultation; Annual Reports:
1. Cherokee Nation Nursing and Allied Health Education Facility Annual Report
a. No less than 60 days before commencement of construction of the Subject Facility, the Principal Chief shall provide the Council with notice of the design of the facility or facilities described in Section 4, including any substantial design alterations for a 30-day comment period ending prior to the commencement of said construction.
b. The Principal Chief shall provide an annual report to the Council on the status of authorized funding uses and activities under this Act, styled as “Cherokee Nation Nursing and Allied Health Education Center Act of 2026 Annual Report,” for each of fiscal years 2026, 2027 and 2028, no later than December 31 for the preceding fiscal year reporting period, with said report made available for public review within 30 days after submission to the Council.
2. Cherokee Nursing Scholars Endowment Annual Report
a. The Principal Chief shall provide an annual report to the Council on the administration of scholarships provided through the Cherokee Nursing Scholars Endowment, styled as “Cherokee Nursing Scholars Endowment Annual Report,” each of fiscal years beginning in fiscal year 2027 no later than December 31 for the preceding fiscal year reporting period, with said report made available for public review within 30 days after submission to the Council, said report to include but may not be limited to:
1. Data relating to scholarships granted.
2. Financial investment performance of endowment funds.
3. Cherokee Nation Health Workforce Strategy Triennial Report:
a. Beginning in FY 2027, and every third fiscal year thereafter and no later than December 31 of each such fiscal year with a copy provided by that date to the Speaker of the Council and made available for public inspection, the Principal Chief shall compile a “Cherokee Nation Health Workforce Strategy Triennial Report, setting forth Cherokee Nation’s general strategy to:
1. Meet the Workforce Needs of its Health System during the reporting period, without publicly disclosing such information that could reveal aspects of such information the Principal Chief deems non-public proprietary information impacting labor market competitiveness, and
2. Maximizing the recruiting and retention of Cherokee Nation citizens in the Cherokee Nation Health System workforce.
Section 7. No Exclusivity With Education Provider
Nothing herein shall be construed or interpreted to grant exclusivity to any particular provider of nursing or allied health education with respect to any such provider’s relationship with Cherokee Nation and nothing herein shall prevent Cherokee Nation from executing other agreements or partnerships with any provider of health care education.
Section 8. Council Appropriations and Oversight
Nothing herein supplants the Council’s constitutional and statutory role in budget appropriations or oversight.
Section 9. Reference to the Act
The expenditure of any funds authorized under this Act for any portion of any capital project, program or service authorized by this Act shall be designated as having been “funded by,” “administered by,” or “made possible by” the Cherokee Nation Nursing and Allied Health Education Center and Endowment Act of 2026.
Section 10. Provisions as Cumulative
The provisions of this Act shall be cumulative to existing law.
Section 11. Severability
The provisions of this Act are severable and if any part of provision hereof shall be deemed void the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this Act.
Section 12. Effective Date: 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 immediately upon its approval and signatures.
Exhibit A - Legal Description of the Location of W.W. Hastings Hospital - Tahlequah, OK to be designated under the provisions of this act as the “Cherokee Nation Nursing and Allied Health Education Center” and alternatively referred to in this act as “Subject Facility”
The SE4 SE4 NW4, LESS AND EXCEPT the North 101.49 feet, containing 8.49 acres, more or less.
AND
The South 329.1 feet of the SE4 NE4 NW4, LESS the East 220 feet of the South 230 feet thereof, and the NE4 SE4 NW4, containing 13.84 Acres, more or less.
AND
A tract of land lying in the SW4 NE4 NW4 and in the NW4 SE4 NW4, more particularly described as follows:
Beginning at a point 503.90 feet South of the Northeast corner of said SW4 NE4 NW4, thence S 01°41'38" W, along the East boundary of said SW4 NE4 NW4, a distance of 330.00 feet, thence S 88°22' 23" W, a distance of 457.55 feet, thence N 01° 41' 37" E, a distance of 330.00 feet; thence N 88°22' 23" E, a distance of 457.55 feet to the Point of Beginning, said tract of land containing 3.466 acres, more or less.
AND
A tract of land lying in the SE4 SE4 NW4, more particularly described by metes and bounds as follows, to-wit:
Commencing at the Southeast corner of the NW4; thence N 01°40' 44" W, a distance of 561.17 feet to the Point of Beginning; Thence S 88° 15' 25" W, a distance of 658.37 feet; thence N 01°41' 38" W, a distance of 101.49 feet to the Northwest corner of the SE4 SE4 NW4, thence N 88° 15' 25" E, a distance of 658.38 feet to the Northeast corner of the SE4 SE4 NW4; thence S 01°40' 44" E along the East line thereof, a distance of 101.49 feet to the Point of Beginning, containing 1.535 acres, more or less.
All in Section 34, Township 17 North, Range 22 East, I.B.&M., Cherokee County, Oklahoma.