header-left header-right
Share to Facebook Share to Twitter Bookmark and Share
File #: 16-046    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 3/18/2016 In control: TRIBAL COUNCIL
On agenda: 3/31/2016 Final action: 5/18/2016
Enactment date: 5/16/2016 Enactment #: R-040-16
Title: A RESOLUTION AUTHORIZING THE ATTORNEY GENERAL TO COMMENCE LITIGATION FOR AN ACCOUNTING OF CHEROKEE NATION TRUST ASSETS
Sponsors: Victoria Vazquez
Indexes: Litigation
Code sections: N/A - Not Applicable
Attachments: 1. R-40-16.PDF

Title

A RESOLUTION AUTHORIZING THE ATTORNEY GENERAL TO COMMENCE LITIGATION FOR AN ACCOUNTING OF CHEROKEE NATION TRUST ASSETS

Body

WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;

 

WHEREAS, the Cherokee Nation is a federally recognized Tribal Nation with a historic and continual government-to-government relationship with the United States of America;

 

WHEREAS, the Cherokee Nation has been party to numerous treaties and agreements with the United States and is entitled to various forms of compensation resulting from the same;

 

WHEREAS, the United States, throughout numerous treaties and agreements, has agreed to hold such compensation in trust for the benefit of the Cherokee Nation;

 

WHEREAS, the United States has long recognized a unique responsibility owed to Tribal Nations for the management of assets held in trust for the benefit of the Tribal Nations, including the Cherokee Nation;

 

WHEREAS, the Cherokee Nation seeks an accounting of any and all such assets held by the United States;

 

WHEREAS, Article VII, Section 13 of the Constitution of the Cherokee Nation created the office of the Attorney General who shall represent the Cherokee Nation in all civil actions wherein the Cherokee Nation is named as a party;

 

WHEREAS, Legislative Act 07-01, codified at 73 CNCA § 204, in pertinent part, provides that any litigation brought on behalf of 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 Cherokee Nation or substantial assets.

 

BE IT RESOLVED BY THE CHEROKEE NATION, that the Attorney General of the Cherokee Nation is hereby authorized to commence litigation for an accounting of trust assets held for the benefit of the Cherokee Nation.