An Act
LEGISLATIVE ACT 7- -01
Title
A LEGISLATIVE ACT REQUIRING TRIBAL COUNCIL CONSENT FOR LITIGATION BROUGHT ON BEHALF OF THE CHEROKEE NATION
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification:
This Act shall be known as "The Consent for Litigation Act of 2001". Section 2. Purpose:
The purpose for this enactment is to require Tribal Council consent prior to filing any litigation that involves the Nation's sovereignty or substantial assets.
Section 3. Legislative History:
Article V., Section 7 of the Cherokee Nation Constitution: The Council shall have the power to establish laws which it shall deem necessary and proper for the good of the Nation, which shall not be contrary to the provisions of this Constitution.
Section 4. Definitions: For purposes of this Title:
A. Cherokee Nation: means the government of the Cherokee Nation located
at Tahlequah, Oklahoma.
B. Tribal Council: means the Cherokee Nation Council.
C. F3in: means the initiation of legal action in any court or regulatory body.
D. Litigation: means any proceeding or suit at law.
E. Sovereignty: means the matters that concern the boundaries, or territory,
or the jurisdiction, or treaty rights, or the powers or rights of self- governance of the Cherokee Nation.
F. Substantial Assets: litigation that involves an amount in controversy in
excess of one hundred thousand dollars ($100,000).
G. Principal Chief. means the Principal Chief of the Cherokee Nation.
Section 5. Substantive Provisions:
Any litigation brought on behalf of the Cherokee Nation against any non- Cherokee Nation entity in any court or jurisdiction, must be authorized by the Principal Chief and ratified by the Tribal Council prior to the filing of said litigation, when said suit involves the Sovereignty of the Cherokee Nation or substantial assets. If, due to exigent circumstances, litigation must be commenced or filed prior to securing ratification or approval by the Tribal Council, such ratification or appro...
Click here for full text