Council of the Cherokee Nation - File #: 16-103

• File #: 16-103
• Version: 2
• Name: N/A
• Type: Resolution
• Status: Passed
• File created: 8/11/2016
• In control: TRIBAL COUNCIL
• On agenda: 8/25/2016
• Final action: 10/19/2016
• Enactment date: 10/17/2016
• Enactment #: R-082-16
• Title: A RESOLUTION AUTHORIZING THE CHEROKEE NATION TO EXECUTE A WIND RESOURCE LEASE AGREEMENT WITH CHILOCCO WIND FARM, LLC AND GRANTING A LIMITED WAIVER OF SOVEREIGN IMMUNITY
• Sponsors: Victoria Vazquez, Frankie Hargis , Curtis Snell, David Thornton, Sr. , Rex Jordan, Bryan Warner , Keith Austin, Janees Taylor, Wanda Hatfield
• Indexes: Chilocco, Wind Energy Project
• Code sections: N/A - Not Applicable

Date	Ver.	Action By	Action	Result
10/19/2016	2	OFFICE OF THE CHIEF	Signed
10/17/2016	2	TRIBAL COUNCIL	Approved	Pass
9/12/2016	1	RULES COMMITTEE	Special Action	Pass
9/12/2016	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass
8/25/2016	1	RULES COMMITTEE	Referred	Pass

Title
A RESOLUTION AUTHORIZING THE CHEROKEE NATION TO EXECUTE A WIND RESOURCE LEASE AGREEMENT WITH CHILOCCO WIND FARM, LLC AND GRANTING A LIMITED WAIVER OF SOVEREIGN IMMUNITY
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign right of self-government on behalf of the Cherokee people; and

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

WHEREAS, the Cherokee Nation encourages economic development and acknowledges renewable energy resources are necessary to prevent land and air pollution as an alternative to the use of fossil fuels and is part of our long-term solution toward energy sustainability;

WHEREAS, the Cherokee Nation Tribal Council has previously authorized Cherokee Nation Businesses, LLC to seek grant funding to support feasibility studies as to the development of wind energy within the jurisdiction of the Cherokee Nation; and

WHEREAS, the Principal Chief and/or his designee has determined that it would be economically advantageous for the Cherokee Nation to develop wind energy resources at the Chilocco trust property located in Kay County, and has negotiated terms of a Wind Resource Lease with Chilocco Wind Farm, LLC, which includes a waiver of the Nation’s sovereign immunity.

BE IT RESOLVED BY THE CHEROKEE NATION that the Council recognizes that, Chilocco Wind Farm, LLC will obtain debt financing and equity investments to fund the wind resource infrastructure project and that it is necessary to grant a limited waiver of sovereign immunity for the sole purpose of allowing Chilocco Wind Farm LLC to initiate causes of action against the Cherokee Nation in the event of default under the terms of the Wind Resource Lease Agreement.
BE IT FURTHER RESOLVED that the Council recognizes that the remedy available as a result of a waiver of sovereign immunity must be carefully and strictly defined, and th...