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File #: 24-001    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 1/4/2024 In control: TRIBAL COUNCIL
On agenda: 1/16/2024 Final action: 1/24/2024
Enactment date: 1/22/2024 Enactment #: R-004-24
Title: A RESOLUTION AUTHORIZING CHEROKEE NATION TO LEASE TRIBAL TRUST LAND FOR AN ANIMAL SHELTER IN DELAWARE COUNTY TO KENWOOD ANIMAL RESCUE
Sponsors: Mike Shambaugh, Melvina Shotpouch, E. O. "JR." Smith, Victoria Vazquez, Dora Patzkowski
Indexes: Lease, Trust Land
Code sections: N/A - Not Applicable
Attachments: 1. R-04-24
Title
A RESOLUTION AUTHORIZING CHEROKEE NATION TO LEASE TRIBAL TRUST LAND FOR AN ANIMAL SHELTER IN DELAWARE COUNTY TO KENWOOD ANIMAL RESCUE
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 Kenwood Animal Rescue wishes to lease a portion of the Cherokee Nation Trust Land located in Kenwood OK for a term of ten (10) years beginning on the date of approval by the Bureau of Indian Affairs, with an option to renew for an additional ten (10) years, subject to conditions set in the lease. The rental amount will be negotiated between the Cherokee Nation and Kenwood Animal Rescue. The Tribal Trust tract is located on part of Section 8, Township 21 North, Range 22 East, Delaware County, Oklahoma;

WHEREAS, the Cherokee Nation Real Estate Services requests the Tribal Council to issue a waiver of said regulation requiring bonds on Cherokee Tribal Land Leases pursuant to regulations contained in 25 CFR ?162.434(f)(g). Cherokee Nation has determined that a waiver of performance bond or alternative form of security is in the best interest of the tribe, and;

WHEREAS, The Cherokee Nation requests a Waiver of Valuation and that the Negotiated Value between Cherokee Nation and Kenwood Animal Rescue be used pursuant to 25 CFR ?162.420(a).

1. Cherokee Nation has negotiated compensation satisfactory to the tribe.
2. Cherokee Nation waives valuation; and
3. Cherokee Nation has determined that accepting such negotiated compensation and waiving valuation is in the best interest of the Cherokee Nation.

WHEREAS, The Cherokee Nation believes that not having a Compensation Review or adjustment is in the best interest of the tribe pursuant to Title 25 CFR ?162.428(a).

BE IT RESOLVED BY ...

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