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File #: 10-041    Version: 1 Name: N/A
Type: Resolution Status: Passed
File created: 3/30/2010 In control: TRIBAL COUNCIL
On agenda: 5/10/2010 Final action: 5/9/2010
Enactment date: 5/9/2010 Enactment #: R-41-10
Title: A RESOLUTION AUTHORIZING THE PLACEMENT OF LAND IN TRUST - CHILOCCO 2667.94 ACRES
Sponsors: Jack D. Baker
Indexes: Chilocco, Trust Land
Code sections: N/A - Not Applicable
Attachments: 1. R-41-10
Title
A RESOLUTION AUTHORIZING THE PLACEMENT OF LAND IN TRUST - CHILOCCO 2667.94 ACRES
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, Cherokee Nation owns a tract of land located in Kay County, Oklahoma, known as Chilocco, more particularly described as follows:
      
Section 13      Lots 1, 2, 5, 6, and 7; SW4 NE4; W2 SE4; and the parts of SE4 NW4 and E2 SW4 and Lot 3 all lying East of the East right-of-way line of the Atchison, Topeka and Santa Fe Railroad, containing 339.53 acres;
Section 16      Lots 3 and 4; S2 NW4 and SW4, containing 313.85 acres;
Section 17      Lots 1 and 2 LESS AND EXCEPT that part described as Beginning at a point 39 rods South of the NE corner of the NE4 of said section; thence 24 rods South; thence 33 1/3 rods West; thence 24 rods North; thence 33 1/3 rods East to the Point of Beginning, containing 5 acres; Lots  5, 6 and 7; SE4 NE4 and E2 SE4, containing 313.62 acres;            
Section 20      Lots 1 and 2 and E2 NE4 LESS AND EXCEPT that part  described as Beginning at a point 67 rods North of SE corner of the NE4 of  said section; thence North 20 rods; thence West 50 rods; thence South 10 rods;       thence East 20 rods; thence South 10 rods; thence East 30 rods to Point of Beginning, containing 5 acres; Lots 3 and 4 and E2 SE4, containing 316.36 acres;
Section 21      Those parts of the NW4 and SW4 lying West of the West right-of-            way line of the St. Louis & San Francisco Railroad, containing                   150.26 acres;
Section 24      Lots 1,2,3 and 4; W2 NE4; W2 SE4; and those parts of  the E2 NW4 and SW4 lying East of the East right-of-way line  of the Atchison, Topeka and Santa Fe Railroad, containing 398.39 acres;
Section 25      Lots 1, 2, 3, 4, 5, 6 and 7; W2 NE4; NW4 SE4 and those parts of  the NW4 and N2 SW4 lying East of the East right-of-way line of the Atchison, Topeka and Santa Fe Railroad, containing 583.25 acres;
Section 26      That part of Lot 1 lying East of the East right-of-way line of the
            Atchison, Topeka and Santa Fe Railroad, containing 12.68 acres;
Section 29      N2 SE4 and NE4, containing 240.00 acres;
All in Township 29 North, Range 2 East, I.B.& M., Kay County, Oklahoma
  
WHEREAS, the Cherokee Nation desires to have said property placed United States of America in Trust for the Cherokee Nation. The property is vacant land adjoining Cherokee Nation Trust lands owned, for the second time, since 1968.   The property, known as part of the Cherokee Outlet, was part of original treaty lands of Cherokee Nation as evidenced in the Cherokee Land Patent of 1838.   Executive order of July 12, 1884 obligated the land be titled to United States of America for use as the Chilocco Indian Industrial School.  In 1968, under Public Law 90-279, Cherokee Nation regained ownership, in fee status, of this part of the Chilocco Indian Industrial School lands at Chilocco, Oklahoma in the first phase of the end of operations of Chilocco Indian Industrial School. In 1986, Public Law 99-283, divested the United States of America of all the remaining Chilocco Indian Industrial School lands by dividing the lands between Cherokee Nation and the Pawnee, Ponca, Otoe-Missouria, Kaw and Tonkawa Tribes of Oklahoma in Trust status for each tribe. This last land transfer was in conjunction with the closing of Chilocco Indian Industrial School.
 
      BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief of the Cherokee Nation, Chadwick Smith, and/or his authorized designee(s) be authorized to request the Secretary of Interior to place said tract of land in Trust in accordance with Bureau of Indian Affair policy and procedure for the acquisition of land.