Title
A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR A TRANSMISSION LINE RIGHT-OF-WAY TO PLAINS AND EASTERN CLEAN LINE OKLAHOMA LLC, ACROSS THE ARKANSAS RIVER AND GRANTING A LIMITED CONSENT TO BE SUED
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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 Tribe with a historic and continual government to government relationship with the United States of America;
WHEREAS, Plains and Eastern Clean Line Oklahoma LLC, requests a Transmission line easement across the Arkansas River located on land held in trust by the United States for the benefit of the Cherokee Nation within the NW¼ of Section 2, Township 12 North, Range 20 East, Muskogee County, Oklahoma, as more specifically described in the legal description and survey attached hereto;
WHEREAS, the Principal Chief has determined that it is advantageous for the Cherokee Nation to grant the transmission line easement described above and has negotiated terms for a Transmission Line Right-of-Way Agreement (“Agreement”), that includes a limited consent to be sued as set forth in the terms of the Agreement; and
WHEREAS, the Cherokee Nation will be compensated in excess of fair market/appraised value for the grant of easement for right-of-way as set forth in Title 25 CFR §169.114 and requests a waiver of all bonding pursuant to Title 25 CFR § 169.103, having determined that a waiver of such bonds, or other alternative form of security, is in the best interest of the tribe.
BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief of Cherokee Nation, and/or his authorized designee, is hereby authorized to enter into the above described grant of easement for right-of-way, with bond being waived, in accordance with 25 CFR § 169 and the Bureau of Indian Affairs Policy and Procedure for the grant of easement for right-of-way of land owned by the Cherokee Nation ...
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