Title
A RESOLUTION APPROVING THE HEALTHY LIVING PROGRAM COOPEDRATIVE AGREEMENT WITH THE OKLAHOMA TOBACCO SETTLEMENT ENDOWMENT TRUST (TSET) AND WAIVING IMMUNITY OF THE CHEROKEE NATION FOR PURPOSES OF THE COOPERATIVE AGREEMENT
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 Indian Nation with a historic and continual government to government relationship with the United States of America;
WHEREAS, the Council of the Cherokee Nation under Title 73, Chapter 1, Sections 4(B) and
4(C) has the authority by Resolution to waive sovereign immunity and to grant authority to
waive sovereign immunity; and
WHEREAS, a goal of the Cherokee Nation is to address all the health needs and to promote the
health and welfare of its citizens, and
WHEREAS, the Cherokee Nation has been awarded a grant from the Oklahoma Tobacco Settlement Endowment Trust (TSET) for the purpose of the TSET Healthy Living Program; and,
WHEREAS, the attached Cooperative Agreement reflects the agreement proposed between the
Oklahoma Tobacco Settlement Endowment Trust and the Cherokee Nation; and
WHEREAS, a condition of this grant is that the Cherokee Nation enact a limited waiver of its
sovereign immunity; and
WHEREAS, the Council of the Cherokee Nation has determined that a waiver of the immunity
of the Cherokee Nation that is limited as stated in this Resolution is appropriate for the purpose
of the Cooperative Agreement, and that the waiver of sovereign immunity should be as follows:
Limited Waiver of Sovereign Immunity
To the extent that the Cherokee Nation may have immunity from any action to enforce the terms of the attached Cooperative Agreement, the Cherokee Nation, by and through the Council of the Cherokee Nation, expressly and irrevocably waives, to the fullest extent permitted by law, any immunity on the grounds of sovereignty, or other si...
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