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File #: 19-029    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 4/30/2019 In control: TRIBAL COUNCIL
On agenda: 5/13/2019 Final action: 6/13/2019
Enactment date: 6/10/2019 Enactment #: R-024-19
Title: A RESOLUTION AUTHORIZING CHEROKEE NATION TO LEASE TRIBAL TRUST LAND TO THE CHERRY TREE RURAL WATER DISTRICT, INC., CONTAINING 0.75 ACRES M/L
Sponsors: Shawn Crittenden
Indexes: Lease, Rural Water District
Code sections: N/A - Not Applicable
Attachments: 1. R-24-19.PDF

Title

A RESOLUTION AUTHORIZING CHEROKEE NATION TO LEASE TRIBAL TRUST LAND TO THE CHERRY TREE RURAL WATER DISTRICT, INC., CONTAINING 0.75 ACRES M/L

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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, the Cherry Tree Rural Water District wishes to lease the 0.75 acre tract for a term of five (5) years, with an option to renew for an additional five (5) year term. A tract of land being part of the SE NE NE of Section 23, Township 15 North, Range 24 East, more particularly described as follows: Beginning as a point 830.00 feet South and S54˚55’W 282.84 feet of the NE corner of the NE¼ of Sec. 23, T. 15N, R. 24E.; thence South 200.00 feet; thence West 300.00 feet;  thence North 55.00 feet to the county road; thence N81˚45’E 117.49 feet; thence N70˚55E 91.70 feet; thence  N44˚40’E 138.05 feet to the P.O.B., containing 0.75 acres more or less and will be leased for $100.00 per year; 

 

WHEREAS, The Cherokee Nation requests a Waiver of Valuation pursuant to Title 25 CFR §162.420(a) the Cherokee Nation has determined that:

 

1.                     Cherokee Nation has negotiated compensation satisfactory to the Tribe.

2.                     Cherokee Nation waives valuation; and

3.                     Cherokee Nation has determined that accepting such negotiated compensation and                                            waiving valuation is in the best interest of the tribe.

 

WHEREAS, The Cherokee Nation requests a Waiver of Bond pursuant to Title 25 CFR §162.434(g) Cherokee Nation has determined that a waiver of performance bond or alternative form of security is in the best interest of the tribe.

 

WHEREAS, The Cherokee Nation believes that not having a Compensation Review or adjustment is in the best interest of the tribe pursuant to Title 25 CFR §162.428(a).

 

 

BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief of Cherokee Nation, Bill John Baker, and/or his authorized designee(s) be authorized to enter into the above described leasing, with the appraisal and bond waived, in accordance with 25 CFR § 162 and the Bureau of Indian Affairs policy and procedure for leasing of land owned by United States of America in Trust for Cherokee Nation.