An Act
Legislative Act 04-02
Title
CALLING FOR THE APPROVAL OF A TRUST AUTHORITY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as "Calling for the Approval of a Trust Authority" and codified as (Title) (Section) of the Cherokee Nation Code Annotated.
Section 2. Purpose
To seek approval for the establishment of the Cherokee Nation Economic Development Trust Authority Board of Directors, in compliance with the holding in Cantrell v The Cherokee Nation and Cherokee Nation Enterprises, Inc JAT-97-01.
Section 3. Legislative History
The Cherokee Nation is a federally recognized Indian Tribe, organized in accordance with a Constitution approved by the Commissioner of Indian Affairs on September 5, 1975 and ratified June 26, 1976.
2. The Cherokee Nation desires to establish a mechanism to promote economic
development projects.
3. The Constitution of the Cherokee Nation permits the establishment of Trust
Authorities pursuant to Article VI ? 10 of the Cherokee Nation Code Annotated (CNCA).
4. The Cherokee Nation Economic Development Trust Authority was
established by Act of this Council in LA #36-89, "An Act Calling for the Approval of a Trust Authority."
5. The Judicial Appeals Tribunal of the Cherokee Nation, in Case No. JAT 97-,
01, nullified that provision of Legislative Act #36-89, which provided for the appointment of the Board of Directors. This Act, therefore, provides for the appointment of members of the Board, replacing that portion of #36-89 previously addressing the appointment of said Board members.
Section 4. Definitions
For purposes of this Title:
Section 5 Substantive Provisions of Law
1. The Cherokee Nation Economic Development Trust Authority Board shall consist of Eve (5) members.
2.The members of the Trust Authority Board shall be nominated by the principal Chief and confirmed, by way of resolution, by the Tribal Council.
Section 6. Provisions as cumulative
The provisions of this ac...
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