Council of the Cherokee Nation - File #: 13-080

• File #: 13-080
• Version: 1
• Name: N/A
• Type: Resolution
• Status: Passed
• File created: 5/16/2013
• In control: TRIBAL COUNCIL
• On agenda: 6/10/2013
• Final action: 6/10/2013
• Enactment date: 6/10/2013
• Enactment #: R-052-13
• Title: A RESOLUTION RATIFYING LITIGATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
• Sponsors: Chuck Hoskin Jr. , Buel Anglen, Jack D. Baker, Joe Byrd, Julia Coates, Cara Cowan Watts, Jodie Fishinghawk, Meredith Frailey, Janelle Fullbright, Don Garvin, Tina Glory Jordan, Frankie Hargis , Lee Keener Jr., Dick Lay, Curtis Snell, David Thornton, Sr. , David Walkingstick
• Indexes: District Court, Ratifying
• Code sections: N/A - Not Applicable

Date	Ver.	Action By	Action	Result
6/20/2013	1	OFFICE OF THE CHIEF	Signed
6/10/2013	1	TRIBAL COUNCIL	Approved	Pass
5/30/2013	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title

A RESOLUTION RATIFYING LITIGATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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, Legislative Act 07-01 provides that litigation brought on behalf of Cherokee Nation and involving substantial assets or sovereignty of the Nation be authorized by the Principal Chief and ratified by the Council;

WHEREAS, the Indian Health Service has not taken any action in regards to Contract Dispute Act claims filed by Cherokee Nation for underpayment of contract support costs in the amount of $49,834,352, it is in the best interests of the Nation to file a civil action in federal court;

WHEREAS, in order to preserve the rights and standing of Cherokee Nation, it is necessary for the Nation to file suit against the Secretary of the Department of Health and Human Services, in the United States District Court for the District of Columbia.

BE IT RESOLVED BY THE CHEROKEE NATION, that litigation in United States District Court for the District of Columbia, in regards to the Cherokee Nation's Contract Dispute Act claims for underpayment of Indian Health Service contract support costs, is hereby ratified and the Attorney General is authorized to take such action as necessary to pursue such litigation and ensure that the Nation's interests are fully represented.