Res. No. 2024-20. Blanket Authority for Waiver of Immunity in the Purchase of Land.

A Resolution to approve and authorize the Chief or his designee to execute a limited waiver of sovereign immunity in relation to the acquisition of land, effective for two (2) years.

At a duly called Regular Meeting of the Upper Mattaponi Tribe Council held this 21 day of November, 2024, the following Resolution and Law were adopted.

WHEREAS, the Upper Mattaponi Tribe (the "Tribe") is an Indian Tribe that has existed from time in memorial and is federally recognized on a government-to-government basis by the United States of America; and

WHEREAS, the Tribe has the authority, pursuant to the limitations of its Constitution (the "Constitution") and laws, to enter into contractual agreements, to buy, sell, and lease land, and among other things, to waive its sovereign immunity for purposes thereof; and

WHEREAS, through its leadership, the Tribe wishes from time to time to purchase property; and

WHEREAS, the leadership of the Tribe has determined that owning Land represents a substantial benefit or advantage to the Tribe, as it aligns with the Tribe's goals and is available at a reasonable price at this time; and

WHEREAS, entering into Contracts for land and closing the purchase of the Land requires the execution the Contract and various agreements, certifications, statements, affidavits, and other similar documents, which may be necessary and convenient; and

WHEREAS, the purchase of the Land often requires a limited waiver of sovereign immunity and the applicability of the laws of other jurisdictions to consummate the Agreements, including agreements for title insurance; and

WHEREAS, the Constitution provides, "Only the Council and Chief may authorize a waiver of Sovereign Immunity by law enacted in accordance with the Legislative Process. Any authorization by the Council to waive Sovereign Immunity shall be specific, for a limited scope and duration, and in writing." See, Constitution, Article XIII, Section 1.

NOW THEREFORE BE IT RESOLVED that the Council hereby authorizes the Chief for two (2) years from the date of this resolution to a Tribal Waiver of Immunity and Consent (the "Waiver"), subject to the following limitations:

1. The Waiver's duration is limited to the duration of a Contract necessary to contact for or close on the purchase of land, (including the effect of any provisions providing for the survival of any obligations of the parties after closing thereof), together and the coverage under any policy of title insurance issued to the Tribe as purchaser; and

2. The Waiver applies solely to any suit, action, or proceeding arising out of or brought to enforce the Tribe's obligations under the Contract provided such suit only occurs in a suitable court in United States District Court for the District of Virginia; and

3. This Waiver shall apply only to any suit, action, or proceeding in any Federal court; and

4. This Waiver is to be construed in accordance with federal law, and proceedings brought pursuant to this waiver shall be governed by laws as set forth in the Contract.

CERTIFICATION

The foregoing Resolution was duly voted upon by the Council on the 21 day of November, 2024, at a Regular Meeting with a vote of 5 in favor and 0 opposed, 0 abstaining, and 2 absent, pursuant to the authority vested in the Council by the Constitution of the Tribe.