header-left header-right
File #: 13-094    Version: Name: N/A
Type: Resolution Status: Passed
File created: 7/30/2013 In control: TRIBAL COUNCIL
On agenda: 8/12/2013 Final action: 8/12/2013
Enactment date: 8/12/2013 Enactment #: R-063-13
Title: A RESOLUTION RATIFYING IMPLEMENTATION AGREEMENT # 1 (IMPLEMENTING 2008 MEMORANDUM OF AGREEMENT AS TO TRIBAL PRIORITY ALLOCATION FUNDS FOR AID TO TRIBAL GOVERNMENT) BETWEEN THE CHEROKEE NATION AND THE DELAWARE TRIBE OF INDIANS
Sponsors: Tina Glory Jordan, Chuck Hoskin Jr.
Indexes: Delaware Tribe, Memorandum of Agreement, Ratifying
Code sections: N/A - Not Applicable
Attachments: 1. R-63-13.PDF
Title
A RESOLUTION RATIFYING IMPLEMENTATION AGREEMENT # 1 (IMPLEMENTING 2008 MEMORANDUM OF AGREEMENT AS TO TRIBAL PRIORITY ALLOCATION FUNDS FOR AID TO TRIBAL GOVERNMENT) BETWEEN THE CHEROKEE NATION AND THE DELAWARE TRIBE OF INDIANS
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 Cherokee Nation entered a treaty with the federal government in 1866 and entered an agreement with the Delaware in 1867 pursuant to that treaty which provided the foundation for the future relationship between themselves and the federal government;

WHEREAS, the Cherokee Treaty of 1866 and the 1867 Agreement between the Nation and the Delaware Tribe has been interpreted by several Courts, including the U.S. Supreme Court, and has been the subject of much litigation, nearly dating back to the date the agreement was first entered;

WHEREAS, the most recent decision affecting the status of the Delaware Tribe was issued by the 10th Circuit Court of Appeals on November 14, 2004, which found that the Bureau of Indian
Affairs' decision in 1996 to federally recognize the Delaware was unlawful and that the Delaware Tribe had under the 1867 Agreement relinquished its separate tribal sovereignty and was consolidated and merged into the Cherokee Nation;

WHEREAS, Resolution Number 86-06 was enacted by the Council of the Cherokee Nation on August 21, 2006, and approved and supported legislation for separate federal recognition of the Delaware Tribe of Indians;

WHEREAS, Resolution Number 88-08 was enacted by the Council of the Cherokee Nation on October 23, 2008, and approved a 2008 Memorandum of Agreement between the Cherokee Nation and the Delaware Tribe of Indians to pave the way for federal recognition for the Delaware...

Click here for full text