Title
TITLE 73 - SOVEREIGNTY
Body
Code of Federal Regulations
Self-governance program, see 25 C.F.R. § 1001.1 et seq.
United States Code
Contracts for payment of money permitted certain tribes; payment for legal services, see 25 U.S.C. § 82a.
Treaties and contracts with the United States, see 25 U.S.C. § 71 et seq.
CHAPTER 1
SOVEREIGN IMMUNITY
§ 1. Short title
This act shall be known and may be cited as the Sovereign Immunity Act.
History
Source. LA 23-04, eff. June 17, 2004.
Library References
Indians
403.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 2. Purpose
The purpose of this act is to clarify Cherokee Nation sovereign immunity and authorize the Principal Chief to waive sovereign immunity on a limited basis for business transactions of Cherokee Nation-owned business entities in order to better fulfill the duties prescribed by the Cherokee Nation Constitution.
History
Source. LA 23-04, eff. June 17, 2004.
Library References
Indians 404.
Westlaw Topic No. 209.
C.J.S. Indians §§ 151 to 179.
§ 3. Definitions
For purposes of this chapter:
1. "Act" means an enactment of the Council as provided in the Constitution.
2. "Business entity" means any business entity in which the Nation is a majority owner.
3. "Nation" means Cherokee Nation.
4. "Resolution" means an enactment of the Council as provided in the Constitution.
5. "Sovereign immunity" means the preclusion of bringing suit against the government without its consent.
History
Source. LA 23-04, eff. June 17, 2004.
§ 4. Sovereign immunity
A. The Nation is a federally-recognized Indian Nation existing from time immemorial and retains the inherent right to preclude lawsuits under the doctrine of sovereign immunity.
B. The Nation does not consent to lawsuits in any court except by Legislative Act or Resolution of the Council of Cherokee Nation.
C. The Nation has the inherent right to waive, and grant authority to waive sovereign immunity with limitations ...
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