Title
A RESOLUTION AUTHORIZING A LIMITED WAIVER OF SOVEREIGN IMMUNITY IN CONNECTION WITH THE OKLAHOMA TOBACCO SETTLEMENT ENDOWMENT TRUST COOPERATIVE AGREEMENT
Body
WHEREAS, the Cherokee Nation (“Nation”) since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;
WHEREAS, the Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;
WHEREAS, the Nation enjoys sovereign immunity from suit under federal and state law;
WHEREAS, the Nation has inherent sovereign power by virtue of its constitution and tribal law to enter into contractual agreements and execute such waivers necessary for such agreements;
WHEREAS, waivers of sovereign immunity must be approved by the Cherokee Nation Tribal Council;
WHEREAS, the Nation is committed to improving and promoting the health and welfare of Cherokee citizens;
WHEREAS, the Nation has been awarded a grant from the Oklahoma Tobacco Settlement Endowment Trust (“TSET”) to administer and implement a TSET Healthy Living Program, contingent upon execution of a Cooperative Agreement;
WHEREAS, the Nation has negotiated a Cooperative Agreement which includes provisions for governing law, jurisdiction, and a limited waiver of sovereign immunity;
WHEREAS, the Principal Chief and/or his designee has determined that it is necessary for the Nation to enter into this Cooperative Agreement in order to promote the health and welfare of Cherokee citizens and the Limited Waiver of Sovereign Immunity, provided below, is appropriate for this purpose;
WHEREAS, this Limited Waiver of Sovereign Immunity, below, is contingent upon the Cherokee Nation Tribal Council’s review and approval of the terms as described within the Cooperative Agreement;
Limited Waiver of Sovereign Immunity
To the extent that the grantee may have: immunity from any action to enforce the terms of the contract provided and appr...
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