Title
A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE ATTORNEY GENERAL FOR PAYMENT OF ATTORNEY FEES FROM THE ARKANSAS RIVERBED SETTLEMENT FUND, AND AUTHORIZING THE PRINCIPAL CHEIF TO SUBMIT THE AMENDED AND FINAL PAYMENT PLAN TO THE BUREAU OF INDIAN AFFAIRS
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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 Cherokee Nation owns portions of the Arkansas Riverbed as recognized by the Supreme Court of the United States in Choctaw v. United States;
WHEREAS, the United States of America and the Cherokee Nation have agreed on a plan for compensation regarding the mismanagement of the Nation’s property by the United States, including payment of attorney’s fees associated with the Arkansas Riverbed litigation, pursuant to 25 U.S.C.A. § 1779(d) of the Cherokee, Choctaw, and Chickasaw Nations Claims Settlement Act;
WHEREAS, under this Act the Secretary shall pay to the attorneys those fees provided for in the individual attorney fee contracts as approved by the respective Indian Nations;
WHEREAS, the Act also provides that the total fees payable to attorneys under such contracts shall not exceed 10 percent of that Indian Nation’s allocation of appropriated funds;
WHEREAS, the former General Counsel of the Cherokee Nation previously reviewed the attorney contracts, billings and previous payments associated with the Arkansas Riverbed litigation and made the specific finding that the Patton, Boggs firm was entitled to $151,000, which was authorized to be paid by Resolution 29-05;
WHEREAS, the Patton, Boggs firm brought a complaint in U.S. Court of Federal Claims that they were owed an additional $1,393,542.80 from the Cherokee Nation associated with the Arkansas Riverbed settlement;
WHEREAS,...
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