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File #: 07-161    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 11/19/2007 In control: TRIBAL COUNCIL
On agenda: 12/17/2007 Final action: 12/27/2007
Enactment date: 12/17/2007 Enactment #: R-110-07
Title: A Resolution Requesting the U.S. Congress to Declare the Claremore Indian Hospital and Surrounding Parcel of Land as Indian Country under 18 U.S.C. § 1151(b)
Sponsors: Cara Cowan Watts
Indexes: Claremore Indian Hospital, Indian Country
Code sections: N/A - Not Applicable
Attachments: 1. R-110-07
Title
A Resolution Requesting the U.S. Congress to Declare the Claremore Indian Hospital and Surrounding Parcel of Land as Indian Country under 18 U.S.C. § 1151(b)
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 is a member of the Claremore Service Unit and Indian Hospital Board of Directors, comprised of tribal leaders designated by the federally recognized Nations within the 12 counties served by the Claremore Indian Health Service (IHS) Service Unit;

WHEREAS, the Claremore Indian Hospital is considered a “federal enclave” and is therefore under exclusive federal criminal jurisdiction and as such, under the protection of the Federal Bureau of Investigation and the United States Marshal Service;

WHEREAS, on November 9, 2007, the Claremore Service Unit and Indian Hospital Board of Directors approved a resolution supporting the declaration of the Claremore Indian Hospital and surrounding parcel of land as Indian Country under 18 U.S.C. § 1151(b), in order to allow both the federal government and the Cherokee Nation to serve and protect the Claremore Indian Hospital patients, staff, and property;

WHEREAS, upon being declared Indian Country, the Claremore Indian Hospital and surrounding parcel of land shall be subject to criminal jurisdiction as proscribed under the Major Crimes Act (18 U.S.C. § 1153), the General Crimes Act (18 U.S.C. § 1152), and the Indian Civil Rights Act (25 U.S.C. § 1302(7));

WHEREAS, because the Claremore Indian Hospital is located wholly within the jurisdictional boundaries of the Cherokee Nation, upon declaring the Claremore Indian Hospital and surrounding parcel of land as Indian Country under 18 U.S.C. § 1151(b), certain criminal acts and ...

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