Title
A RESOLUTION AUTHORIZING CHEROKEE NATION TO GRANT AN EASEMENT FOR RIGHT OF WAY TO THE OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONE GAS INC., FOR AN EXISTING NATURAL GAS PIPELINE UNDER A PORTION OF THE ARKANSAS RIVERBED MUSKOGEE COUNTY OK
Body
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 Oklahoma Natural Gas Company, a division of ONE Gas, Inc. wishes to continue the usage of an existing Natural Gas Pipeline by obtaining a Grant of Easement for Right of Way under a portion of Arkansas Riverbed. The easement will be for a term of twenty (20) years, with an option to renew for an additional twenty (20) years. The amount to be negotiated between Cherokee Nation and Oklahoma Natural Gas Company. The Tribal Trust tract is located under part of Arkansas Riverbed in Section 21, Township 15 North, Range 19 East, Muskogee County, OK;
WHEREAS, Cherokee Nation Real Estate Services requests the Tribal Council to issue a waiver of said regulation requiring bonds for Grants of Easements for Rights of Way pursuant to regulations contained in 25 CFR §169.103(f)(2). 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 §169.110(a).
1. Cherokee Nation negotiated & agreed upon compensation satisfactory to the tribe.
2. Cherokee Nation waives valuation; and
3. Cherokee Nation has determined that accepting such agreed-upon compensation and waiving valuation is in the best interest of the Cherokee Nation.
WHEREAS, Pursuant to Title 25 CFR §169.111 for a right-of-way grant over or across tribal land, No Periodic Review of the adequacy of compensation or adjustment is required, unless the Cherokee Nation negotiates for reviews or adjustments in said Grant of Easement.
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 negotiated compensation, in accordance with 25 CFR § 169, the Bureau of Indian Affairs policy and procedure for easements of land owned by United States of America in Trust for Cherokee Nation.