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A RESOLUTION AUTHORIZING AN AMENDMENT TO ADD AN OPTION TO RENEW TO BUSINESS LEASE NO. G08-3492 TO THE TENKILLER UTILITIES AUTHORITY (TUA) ON LAND HELD IN TRUST FOR CHEROKEE NATION
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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 Tenkiller Utilities Authority (TUA) pursuant to 25 CFR §162.445 wishes to Amend the lease term of Business Lease No. G08-3492 to add a twenty (20) year option to renew with a one-time increase in valuation in the sum of Ten (10) percent of the original lease price. The lease was approved by the Bureau of Indian Affairs, beginning 10/1/2022 and is set to expire on 9/30/2062. The lease for the pump station is located on 0.23 acres being part of the NW NE of Section 23, Township 16 North, Range 22, Cherokee County, Oklahoma.
WHEREAS, Cherokee Nation Real Estate Services requests the Tribal Council to issue a waiver of said regulation requiring bonds on Cherokee Tribal Land Leases pursuant to regulations contained in 25 CFR §162.434(f)(g). Cherokee Nation has determined that a waiver of performance bond or alternative form of security is in the best interest of the tribe, and;
WHEREAS, The Cherokee Nation requests a Waiver of Valuation and that the Negotiated Value be used pursuant to 25 CFR §162.420(a).
1. Cherokee Nation has negotiated compensation satisfactory to the tribe.
2. Cherokee Nation waives valuation; and
3. Cherokee Nation has determined that accepting such negotiated compensation and waving valuation is in the best interest of the Cherokee Nation.
WHEREAS, Cherokee Nation requests that not having a Compensation Review or adjustment is in the best interest of the tribe pursuant to Title 25 CFR §162.428(a).
BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief of Cherokee Nation, Chuck Hoskin Jr., and/or his authorized designee(s) be authorized to enter into the above described leasing, with the negotiated compensation with the appraisal and bond waived, in accordance with 25 CFR § 162 and the Bureau of Indian Affairs policy and procedure for leasing of land owned by United States of America in Trust for Cherokee Nation.