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File #: 22-073    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 8/31/2022 In control: TRIBAL COUNCIL
On agenda: 9/12/2022 Final action: 9/19/2022
Enactment date: 9/12/2022 Enactment #: R-042-22
Title: A RESOLUTION AUTHORIZING CHEROKEE NATION TO LEASE TRIBAL TRUST LAND FOR A WATER PUMP STATION AND GRANT EASEMENTS FOR RIGHTS OF WAY FOR A WATERLINE PROJECT LOCATED ON TRIBAL TRUST LANDS TO THE TENKILLER UTILTITES AUTHORITY (TUA)
Sponsors: Mike Shambaugh, E. O. "JR." Smith, Candessa Tehee, Victoria Vazquez, Rex Jordan, Joe Deere
Indexes: Easement, Water & Sanitation
Code sections: N/A - Not Applicable
Attachments: 1. R-42-22.PDF
Title
A RESOLUTION AUTHORIZING CHEROKEE NATION TO LEASE TRIBAL TRUST LAND FOR A WATER PUMP STATION AND GRANT EASEMENTS FOR RIGHTS OF WAY FOR A WATERLINE PROJECT LOCATED ON TRIBAL TRUST LANDS TO THE TENKILLER UTILTITES AUTHORITY (TUA)
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 Tenkiller Utilities Authority wishes to lease a portion of Cherokee Nation Trust land located off of Murrel Road for a the purpose of a water pump station for a term of forty (40) years beginning upon approval, subject to conditions set in the lease. The Trust tract will be 100' X 100' and is located on 0.23 acres being part of the NW NE of Section 23, Township 16 North, Range 22, Cherokee County, Oklahoma.

WHEREAS, The Tenkiller Utilities Authority wishes to obtain easements for a waterline in, upon and across land held in Trust for Cherokee Nation for a term of twenty (20) years with an option to renew for an additional twenty (20) set to begin on the date of approval by the Bureau of Indian Affairs, subject to conditions set in the Grant of Easement for Right of Way. The waterline easements will be located in Cherokee County, Oklahoma.

WHEREAS, Cherokee Nation Real Estate Services requests the Tribal Council to issue a waiver of said regulation requiring bonds on Cherokee Tribal Land Leases and Grants of Easements for Rights of Way pursuant to regulations contained in 25 CFR ?162.434(f)(g) and 25 CFR ?169.103(f)(2). Cherokee Nation has determined that a waiver of performance bond or alternative form of security is in the best interest of the tribe, and;

WHEREAS, The Cherokee Nation requests a Waiver of Valuation and that the Negotiated Value be used pursuant to 25 CFR ?162.420(a) and 25 CFR ?1...

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