Title
A RESOLUTION ON QUESTION 10 OF THE 25 CFR PART 170 REGULATIONS
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WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on 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 is committed to providing safe and reliable roads and bridges though out its jurisdiction;
WHEREAS, the existence of roads and bridges within Cherokee Nation are possible because of the easements set-aside by Cherokee Nation during the time of allotment;
WHEREAS, the vast majority of roads and bridges within Cherokee Nation are reliant upon the Indian Reservation Roads (IRR) Program for improvement;
whereas, the Bureau of Indian Affairs Division of Transportation and Federal Highway Administration intend to interpret Question 10, as published in the Federal Register (Vol. 69, No 137 of Monday, July 19, 2004), in a manner that would limit IRR funding for roads and bridges within Cherokee Nation in favor of roads and bridges found on Indian reservations;
WHEREAS, a tribal/federal negotiated rulemaking committee developed Question 10 and as such, any administrative change is not justified.
BE IT RESOLVED BY THE CHEROKEE NATION that we strongly oppose any change, modification, or reinterpretation of Question 10 that poses a reduction in funding and/or limits our ability to provide safe and reliable access for the citizens of the Cherokee Nation. Furthermore, the laws that govern the IRR Program are without bias and as such, the limitation of certain roads and bridges versus others not only misrepresents the statutes it changes the intent of Congress.