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File #: 08-049    Version: 1 Name: N/A
Type: Resolution Status: Withdrawn
File created: 4/14/2008 In control: RULES COMMITTEE
On agenda: 4/24/2008 Final action: 4/24/2008
Enactment date: N/A Enactment #: N/A
Title: A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF LEASES OF TRIBAL LAND ON GAMING PROPERTIES AND AUTHORIZING POTENTIAL SUSPENSION OF CHEROKEE NATION SALES TAX COLLECTION FOR NON-INDIAN LESSEES
Sponsors: Meredith Frailey
Indexes: Gaming, Lease, Negotiation
Code sections: N/A - Not Applicable
Title
A RESOLUTION AUTHORIZING THE NEGOTIATION AND EXECUTION OF LEASES OF TRIBAL LAND ON GAMING PROPERTIES AND AUTHORIZING POTENTIAL SUSPENSION OF CHEROKEE NATION SALES TAX COLLECTION FOR NON-INDIAN LESSEES
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised its sovereign power of self-government on 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, Cherokee Nation Enterprises, L.L.C. is the gaming and entertainment arm of the Cherokee Nation, and often enters partnerships for business purposes on tribal land where gaming facilities are located;

WHEREAS, it is necessary to expedite business transactions involving leases on tribal land where gaming facilities are located.

BE IT RESOLVED BY THE CHEROKEE NATION, in order to improve efficiency and promote favorable lease terms, grants authority to issue leases on tribal land for a reasonable term and price to business entities for the purpose of enhancing the gaming facility located on such tribal land, and that Chad Smith, Principal Chief (or his designee), is authorized to negotiate and execute all official matters in this regard without further Council action, provided that each lease agreement shall be subject to approval of the Cherokee Nation Enterprises Board of Directors; and

BE IT FURTHER RESOLVED BY THE CHEROKEE NATION, that except for the identity of the lessee and the location of the leased property, these leases and related agreements are excepted from the definition of “public record” in the “Freedom of Information and Rights of Privacy Act of 2001,” LA 25-01, Title 75-1-04 D; and

BE IT FINALLY RESOLVED BY THE CHEROKEE NATION, that if there is a question as to the proper jurisdiction for sales taxes payable by non-Indian business entities located on Cherokee Nation Indian country, that the non-Indian business entity m...

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