Council of the Cherokee Nation - File #: 19-048

• File #: 19-048
• Version: 1
• Name: N/A
• Type: Resolution
• Status: Passed
• File created: 7/29/2019
• In control: TRIBAL COUNCIL
• On agenda: 8/12/2019
• Final action: 8/14/2019
• Enactment date: 8/12/2019
• Enactment #: R-036-19
• Title: A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY ON NS4410 ROAD (VINITA CLINIC TRACT) ON USA IN TRUST LAND FOR CHEROKEE NATION TO THE BOARD OF CRAIG COUNTY COMMISSIONERS
• Sponsors: Victoria Vazquez
• Indexes: Easement, Right of Way
• Code sections: N/A - Not Applicable

Date	Ver.	Action By	Action	Result
8/14/2019	1	OFFICE OF THE CHIEF	Signed
8/12/2019	1	TRIBAL COUNCIL	Approved	Pass
8/12/2019	1	COMMUNITY SERVICES COMMITTEE	Approved and Forwarded to Council	Pass

Title
A RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR RIGHT OF WAY ON NS4410 ROAD (VINITA CLINIC TRACT) ON USA IN TRUST LAND FOR CHEROKEE NATION TO THE BOARD OF CRAIG COUNTY COMMISSIONERS
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, the Board of Craig County Commissioners, 210 W Delaware Ave. STE 106, Vinita OK 74301 requests a Grant of Easement for Right of Way for a road improvement project on NS4410 Road located on United States of America in Trust for Cherokee Nation property known as the Vinita Clinic tract, Parcels 4.0, 4A, 4.1, 5, 5A, 5.1, 5.2 & 5.3 being part of the NE¼ & SE¼ of Section 27, Township 25 North, Range 20 East, Craig County;

WHEREAS, due to construction plan changes that lessen the impact to improvements located in the proposed right-of-way, the Cherokee Nation Department of Transportation will reimburse the Vinita Clinic internally for the relocation of improvements affected. Cherokee Nation hereby waives compensation and has agreed that said compensation is satisfactory to the tribe, waives valuation and has determined that it is in the best interest of the Cherokee Nation pursuant to Title 25 CFR §169.110;

WHEREAS, 25 CFR § 169 states agreement shall be executed by and between the tribe or legally authorized occupant and the applicant before any work by the applicant may be undertaken for the construction of a Right of Way Easement across tribal land.

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 grant of easement for right-of-way, in accordance with 25 CFR § 169 and the Bureau of Indian Affairs Policy and Procedure f...