The purpose of this chapter is to define the sole means by which the Tulalip Tribes will manifest a clear and unequivocal waiver of sovereign immunity. Any other provision, document, decree, judgment, contract, commercial paper purporting to waive the Tulalip Tribes’ sovereign immunity inconsistent with this chapter is void.
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For purposes of this chapter:
(1) 
“Board of Directors” or “Board”
means the governing body of the Tulalip Tribes as defined in the Constitution of the Tulalip Tribes.
(2) 
“General Council”
is a collective term meaning all voting members of the Tribes as described by the Constitution of the Tulalip Tribes.
(3) 
“Tribal entity”
means an entity, subdivision or business that is owned by or is under the direction of the Tulalip Tribes.
(4) 
“Tribes” or “Tulalip Tribes”
means the Tulalip Tribes of Washington.
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(1) 
The sovereign immunity of the Tulalip Tribes is hereby reaffirmed, including sovereign immunity from suit in any State, Federal or Tribal court, unless such immunity is waived consistent with this chapter. A “sue and be sued” clause or other authorization for a Tribal entity to waive its own sovereign immunity shall not constitute authorization for waiver of the immunity of the Tribes itself. Except for a charter provision expressly authorizing a Tribal entity to waive the sovereign immunity of the Tribes itself, nothing in a Tribal entity charter shall be deemed or construed to be a waiver of the sovereign immunity of the Tribes or the consent of the Tribes to suit in any forum.
(2) 
The sovereign immunity of the Tribes may only be waived:
(a) 
By resolution of the Board of Directors expressly waiving the sovereign immunity of the Tribes and consenting to suit against the Tribes; provided, that such waiver shall be specific in nature and limited as applicable as to duration, grantee, entity, transaction, or funds of the Tribes subject to the waiver, dispute resolution forum having jurisdiction, and applicable law. Such waiver shall be strictly construed and shall be effective only to the extent expressly provided and shall be subject to any conditions or limitations set forth in the resolution;
(b) 
By a published Tribal ordinance or code expressly waiving the sovereign immunity of the Tribes or Tribal entity, but only to the extent identified by such ordinance or code;
(c) 
By authority expressly delegated by the Board of Directors to any Tribal entity in its charter or specially by resolution of the Board of Directors; provided, that any such waivers based on this authority shall be made in strict conformity with the provisions of the charter or resolution governing such delegation.
(3) 
Any such waiver of sovereign immunity will be limited to the value of the contract or other property specifically pledged, assigned or identified in the resolution waiving sovereign immunity.
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(1) 
The Board of Directors reserves all the rights and privileges for any Tribal entity.
(2) 
If a Tribal entity’s organic documents permit it to “sue and be sued” in its own name, such authorization does not waive the Tulalip Tribes’ sovereign immunity.
(3) 
Any Tribal entity that has been granted the authority to “sue and be sued” in its own name must comply with the authorization provided in its organic documents.
(4) 
If the organic document of a Tribal entity is silent on the ability to waive sovereign immunity, the Tribal entity shall not have the authority to waive its own sovereign immunity rights and privileges without a resolution of the Board of Directors.
(5) 
The sovereign immunity of the Tribes or any Tribal entity may be waived only consistent with the provisions of this chapter.
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Neither the establishment of the Tulalip Tribal Court pursuant to Chapter 2.05 TTC nor the granting of jurisdiction to the Tulalip Tribal Court shall be nor is it intended to be a waiver of the sovereign immunity of the Tulalip Tribes. Any waiver of the Tribes’ sovereign immunity must be separately, expressly and unequivocally set out consistent with this chapter.
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This chapter shall take effect upon approval by the Secretary of the Interior pursuant to Art. VI, Section 2 of the Constitution of the Tulalip Tribes. It shall have prospective application only and shall not apply to or limit any waiver made by the Tribes or a Tribal entity acting within the scope of its authority prior to the effective date of this chapter.
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The sovereign immunity of the Tulalip Tribes or its Tribal entities is not in any way waived or limited solely by this chapter, and nothing in this chapter should constitute or be construed as an independent waiver of the sovereign immunity of the Tribes without further action as required by this chapter.
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