Tribal Sovereignty. All federally recognized Indian Tribes possess inherent sovereign jurisdiction and authority over their territories and the affairs of the tribes and all parties signatory to this agreement acknowledge that the sovereign authority governs the terms of this agreement. The parties agree that the sovereign immunity and authority of the Tribes shall remain intact and unabridged throughout the life of this agreement and that the Cherokee Nation shall decide all issues regarding tribal sovereignty and their decision shall be both final and binding. TERO RECOGNITION The Cherokee Nation has adopted a Tribal Employment Rights Ordinance (TERO). The contractor, its appointed agents and all other parties agree to recognize the rights, responsibility and authority and agree to abide by the TERO regulation or determination. The parties recognized that TERO has a primary commitment to the employment of Indian tribal members and the hiring of Indian preference employees. INDIAN PREFERENCE WORKERS The contractor agrees that it shall adhere to the following numbers established by the TERO, for this project only. In its effort to create the economic opportunities for Native Americans and to meet the purpose of the TERO act, the TERO has established that 100%of the unskilled labor positions be filled by Native Americans. The contractor and its agents agree to utilize the TERO Job Bank to the fullest extent giving first hire priority rights to all Cherokee Citizens. If, after documented evidence that, the contractor has exhausted all avenues to fill these labor positions with Native Americans and positions remain unfilled, the contractor shall have the right to seek other applicants from whatever source it chooses. The contractor shall supply the TERO with written documentation of the employees hired for this project before work is to begin. This documentation is to include: position for which employee was hired, date of hire, and rate of pay. The contractor further agrees to adhere to the requirements set forth in Section 16 Title 40 § 1029 of the Cherokee Nation TERO Act, which addresses procedures in the event of a layoff or reduction in force.
Tribal Sovereignty. The parties hereto acknowledge that Viejas Enterprises is the wholly owned business enterprise of the Viejas Band of Kumeyaay Indians, a federally recognized Indian tribe that retains and has not waived sovereign immunity from suit or process. Nothing in this Agreement is intended, nor shall it be interpreted, to subject the Viejas Band to the jurisdiction of the federal courts, or the courts of the States of California, or any other state or any political subdivision thereof.
Tribal Sovereignty is the inherent right and authority of the Tribe to exercise self- government, define its membership, manage its property, and regulate its business and domestic relations.
Tribal Sovereignty. The Parties acknowledge and agree that the Tribe:
Tribal Sovereignty. The purpose of this publication is to provide basic information to state judges and court employees who interact with members of American Indian/Alaska Native (AI/AN) communities in their courts. It is intended to serve as a general briefing to enhance AI/AN cultural competence. Most of the content was originally developed and published by the U.S. Substance Abuse and Health Services Administration in the form of a “Culture Card” for use by federal contractors (See DHHS Publication No. SMA 08-4354) and is used with permission. The original language was drafted and reviewed by many AI/AN professionals and community members across the U.S. Additions and revisions were adopted by the National Judicial Opioid Task Force in an effort to support collaboration between state and tribal courts in support of best practices and successful outcomes for members of AI/AN communities suffering from opioid use disorders. There are more than 570 federally recognized AI/AN tribes in the U.S. Over half of these are Alaska Native villages. Additionally, there are more than 240 non- federally recognized tribes; many are recognized by their states and are seeking federal recognition. There is a unique legal and political relationship between the federal government and Indian tribes and a special legal relationship with Alaska Native Corporations. As sovereign nations, tribal governments have the right to hold elections, determine their own citizenship (enrollment), and to consult directly with the U.S. government on policy, regulations, legislation, and funding. Tribal governments can create and enforce laws that are stricter or more lenient than state laws, but they are not subservient to state law. State laws cannot be applied where they interfere with the right of a tribe to make its own laws or where it would interfere with any federal interest. Criminal legal jurisdiction issues are very complex, depend on a variety of factors, and must be assessed based on the specific law as applied to a specific tribe. In general, the federal law applies. Regional and Cultural Differences Prior to European contact, AI/AN communities lived throughout North America. Federal policies led to voluntary and forced relocation from familiar territory to the current-day reservation system for many tribes. When the reservation system was formed in the late 1800s, some bands and tribes were forced to live together. In some instances, these groups were related linguistically and culturally; in othe...
