Title
A RESOLUTION RATIFYING FILING LITIGATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO FOR CLAIMS PURSUANT TO THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government in 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, Legislative Act 07-01 provides that litigation brought on behalf of Cherokee Nation and involving substantial assets or sovereignty of the Nation be authorized by the Principal Chief and ratified by the Council;
WHEREAS, the Cherokee Nation receives funding for housing as authorized by the Native American Housing Assistance and Self-Determination Act (“NAHASDA”) through a funding formula administered by the U.S. Department of Housing and Urban development for housing needs and maintenance and operation of Low Rent and Mutual Help units developed under the 1937 U.S. Housing Act;
WHEREAS, the U.S. District Court for the District of Colorado has issued a ruling (under appeal) which nullifies some regulations which changes the funding formula in regard to “1937 Act” units;
WHEREAS, the recently enacted NAHASDA Reauthorization, P.L. 110-411, established a time, 45 days from October 14, 2008, to file a claim related to the subject matter of the court ruling;
WHEREAS, the Cherokee Nation’s allocation of housing block grant funds under NAHASDA may be severely impacted due to the cited district court ruling (if it is not overturned) and the subsequent federal legislation;
WHEREAS, the risk of not filing a claim to offset potential losses in funding though the formula may lead to a significant negative impact on the Cherokee Nation’s future funding.
BE IT RESOLVED BY THE CHEROKEE NATION, that filing a claim under P.L. 110-411 against the U.S. D...
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