As an unincorporated instrumentality and political subdivision
of the Tribe, the Authority shall possess the privileges and immunities
of the Tribe, including, without limitation: immunity from federal,
state and local government regulation or taxation and immunity from
unconsented suit; to the full extent that such privileges and immunities
are enjoyed by the Tribe.
A.
Sovereign immunity of the Authority may be waived only by resolution
of the Authority Board.
B.
Any waiver of sovereign immunity authorized by resolution of the
Authority Board shall be specific and limited as to:
(1)
Duration;
(2)
The grantee;
(3)
The particular transaction;
(4)
The specific property or funds, if any, of the Authority against
which any claim may be asserted or collected;
(5)
A particular court or other dispute resolution body having jurisdiction
pursuant thereto; and
(6)
The law that shall be applicable thereto.
C.
Any express waiver of sovereign immunity by resolution of the Authority
Board shall not be deemed: (1) a consent to the levy of any judgment,
lien or attachment upon property of the Authority other than property
specifically pledged or otherwise identified in the resolution of
the Authority Board; or (2) a consent to attachment or encumbrance
of any land constituting the Tribe's Reservation, held in trust for
the benefit of the Tribe by the United States, or otherwise restricted
as to alienation under federal law.
The Authority, through the express terms of a resolution adopted
by the Authority Board, may consent to sue and be sued in any federal
or state court, or submit to arbitration or alternative dispute resolution
with respect to any dispute or controversy arising under, or upon,
any contract, claim or obligation arising out of the activities of
the Authority or affecting the Authority's property. In addition,
the Authority, through the express terms of a resolution adopted by
the Authority Board, may waive any or all rights it may have to resolve
disputes in the Tribal Court or another forum of the Tribe.
Notwithstanding the powers granted by this Article IV to the Authority to waive its sovereign immunity and/or consent to the jurisdiction of nontribal courts and dispute resolution bodies, the Authority shall not have the power to waive the Tribe's sovereign immunity or consent to jurisdiction of any court, tribunal or other body on behalf of the Tribe. In order to be enforceable against the Tribe and its properties and assets, any waiver of sovereign immunity or consent to jurisdiction by the Tribe must be authorized by a resolution duly adopted by the Tribal Council at a duly convened meeting of the Tribal Council. Any such resolution of the Tribal Council must expressly state that such waiver or consent applies to the Tribe and its properties and assets, subject to any terms, conditions or limitations as may be stated in the Tribal Council's resolution. Notwithstanding that the same persons may serve on the Tribal Council and Authority Board, no action taken by the Authority Board shall affect or limit the sovereign immunity of the Tribe or act as a consent to jurisdiction over the Tribe of any nontribal court or dispute resolution body in any manner.
Notwithstanding that the same persons may serve on the Tribal
Council and Authority Board, any waiver of the Tribe's sovereign immunity
and/or consent to the jurisdiction of nontribal courts and dispute
resolution bodies shall not constitute a waiver of the Authority's
sovereign immunity or a consent to jurisdiction of any court, tribunal
or other body on behalf of the Authority, unless a resolution duly
adopted by the Tribal Council at a duly convened meeting of the Tribal
Council expressly states that such waiver or consent applies to the
Authority and its properties and assets, subject to any terms, conditions
or limitations as may be stated in the Tribal Council's resolution.
