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Absentee-Shawnee Tribe of Indians of Oklahoma

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Economic Development Authority
Chapter Three. Powers of the Authority



Section 301. Period of Existence

The Authority shall have perpetual existence and succession in its own name.

Absentee Shawnee Economic Development Act Section 301, AST ECON DEV Act Section 301



Section 302. Power to Sue and be Sued

(a) The Authority shall have the power to sue in any Court in its own name, and with the consent of the Executive Committee expressed by resolution, to sue on behalf of the Absentee Shawnee Tribe by styling the case as “the Absentee Shawnee Tribe of Oklahoma ex rel. Absentee Shawnee Economic Development Authority.”

(b) The Authority may be sued, in the Tribal Court only, in its own name upon any contract or obligation arising out of its activities within the Tribal jurisdiction under this act and the immunity from suit which it has as an agency of the Absentee Shawnee Tribe of Oklahoma due to the doctrine of sovereign immunity is hereby expressly waived for such purposes to the extent herein stated.

(c) The Authority may be sued in the Tribal Court or in the Court of another jurisdiction in its own name upon any contract or obligation arising out of its activities in such other jurisdiction, and the immunity from suit which it has as an agency of the Absentee Shawnee Tribe of Oklahoma due to the doctrine of sovereign immunity is hereby expressly waived for such purposes to the extent herein stated.

(d) No property of the Authority located within the Tribal jurisdiction may be taken by attachment, Court order, lien or otherwise to satisfy any judgment rendered in such case absent the consent of the General Council first obtained.

(e) Neither the Tribe nor any of its property shall be liable for any of the debts, liabilities, or obligations of the Authority, nor may any Court make or enforce any order concerning execution upon or the right to possession of any Tribally owned property assigned to the use of the Authority unless the General Council gives its consent to such order.

Absentee Shawnee Economic Development Act Section 302, AST ECON DEV Act Section 302



Section 303. General Powers

The Authority shall have the following powers which it may exercise consistent with the purpose for which it is established:

(a) to adopt and use a corporate seal.

(b) to enter into agreements, contracts, and undertakings with any governmental agency, federal, state, or local (including any tribe) or with any person, partnership, corporation, and to agree to any conditions attached to federal financial assistance.

(c) to lease property from or to the Tribe and others for such periods as are authorized by law, and to hold and manage or sublease the same.

(d) to borrow or lend money, to issue temporary or long term evidence of indebtedness, and to repay the same. Obligations shall be issued and repaid in accordance with the provisions of Chapter Four of this Title.

(e) to pledge the assets and receipts of the Authority as security for debts; and to acquire, sell, lease, exchange, transfer or assign personal property or interests therein.

(f) to purchase or take by gift any land or interest in land within or without the Tribal jurisdiction provided that such land located within the Tribal jurisdiction shall, upon payment of the purchase price and satisfaction of any purchase money or pre-purchase mortgage on the land, be placed in trust upon the approval of the Secretary of the Interior for the benefit of the Absentee Shawnee Tribe of Oklahoma and will then be assigned to the use of the Authority to the extent provided by law, provided that the Authority may not lease Tribal land assigned to its use for a period exceeding the term of the assignment of the land to Authority or for a period more than authorized by federal law. For the purposes of this subparagraph, as assignment of Tribal land to the Authority for an indefinite term, or for no stated term shall be an assignment which is revocable upon thirty days notice by the Executive Committee that the land is needed for other Tribal purposes. The determination of the Executive Committee of such need shall be final and conclusive.

(g) to undertake and carry out studies and analysis of employment and job training needs within the Tribal jurisdiction, to operate economic development projects and Tribal businesses, to aid and assist private sector businesses in locating within the Tribal jurisdiction including assistance with achieving compliance with appropriate tribal laws and regulations.

(h) to make rules and regulations regarding its activities pursuant to this act as the Board may deem necessary and desirable to effectuate the powers granted by this Title. Provided, that all such rules and regulations shall be filed for record in the Tribal Secretary's office and the Tribal Court Clerk's office prior to being given any force or effect.

(i) to purchase insurance from any stock or mutual company for any property or against any risk or hazards, and the sovereign immunity of the Authority is hereby waived to the limit of the scope and extent of such insurance as may be in force as to any claim payable by such insurance.

(j) to invest such funds as are not required for immediate disbursements.

(k) to establish and maintain such bank accounts as may be necessary or convenient.

(l) to employ as officers a President, and such Vice-Presidents and Assistant Secretaries as may be necessary or convenient, and to employ technical and maintenance personnel and such other officers and employees, permanent or temporary, as the authority may require, to establish the conditions of their employment, and to delegate to such officers and employees such powers or duties as the Authority shall deem proper provided that all such employment must comply with the provisions of Section 203(b) of this Title.

(m) to take such further actions, not inconsistent with this act, as are commonly engaged in by public or corporate bodies of this character as the Authority may deem necessary or convenient to effectuate the purposes of the Authority.

(n) to enter into partnerships, joint ventures, and other business arrangements with any legal entity to effectuate the purposes of the Authority.

(o) to adopt such rules and regulations for the government of its internal affairs as the Authority deems necessary or appropriate, to administer or enforce this Title and its activities thereunder, Provided, that all such rules and regulations shall be filed for record in the Tribal Secretary's office.

(p) to operate, manage, use, and control, including entering into leases as herein before provided, such real or personal property which the Executive Committee shall assign to its use.

(q) to pay over yearly to the Tribe such percentage of its profits which, according to sound business practices, will be available for general expenditure for purposes other than business development, due regard being had for further expansion of Tribal Business enterprises, contingencies, bad debts, and the like.

(r) to exercise any and all powers of a domestic corporation under the Absentee Shawnee Business Corporation Act not inconsistent with this Title.

(s) to engage in any lawful business.

(t) to use the name “Absentee Shawnee Enterprises, Ltd.” in any of its business activities within or without the Tribal jurisdiction, and to incorporate or hold stock in such other corporations as may be necessary or convenient. The name “Absentee Shawnee Enterprises, Ltd.” is hereby reserved to the use of the Authority and no other domestic or foreign corporation may use such name within the Tribal jurisdiction.

(u) to exercise, in conformance with Tribal law, the power or eminent domain excepting land or interests therein held by any other agency of the Absentee Shawnee Tribe of Oklahoma, in order to further the purposes and powers expressed in this Title.

(v) to promulgate rules and regulations not inconsistent with other Tribal law, which rules and regulations shall have the force of statute, and to provide penalties for the violation thereof not in excess of two hundred dollars ($200.00) for each violation or day of violation of the Authority's rules and regulations, concerning the following:

(1) the zoning of areas designated as industrial or commercial areas by Tribal legislation into such subcategories of use as may be necessary to protect the public and environment and to further the highest and best use of the property;

(2) the protection of the environment, both physical and human, from unacceptable hazard or risk created by industrial and commercial activities within the Tribal jurisdiction;

(3) construction and maintenance of industrial and commercial buildings, plants, facilities, and all appurtenances thereunto belonging, including specifically, but not limited to, construction and building codes for industrial and commercial improvements, fire codes, emergency procedures to be followed in case of industrial accident or casualty, reporting requirements, and the issuance of building permits;

(4) at such time or times as the Tribe may have contracted the issuance of Indian Trader's Licenses pursuant to 25 U.S.C. § 261 et seq., 25 C.F.R. § 251.1 et seq., the issuance and supervision of Licensed Indian Traders within the Tribal jurisdiction;

(5) the maintenance of workers' compensation insurance or other similar insurance to protect industrial and commercial employees in hazardous occupations or otherwise against loss of wages, medical bills, and other loss or damages as a result of injuries sustained in the course of their employment;

(6) the protection of employees, invitees, and guests of industrial and commercial establishments from unnecessary risk of injury by providing for safety and health requirements of industrial and commercial establishments;

(7) the establishment of minimum public liability insurance requirements necessary to protect the public from personal injury or property damage resulting from industrial and commercial activities;

(8) the establishment and regulation of the banking industry within the Tribal jurisdiction;

(9) the establishment and regulation of the insurance industry within the Tribal jurisdiction;

(10) the establishment and regulation of other financial institutions within the Tribal jurisdiction;

provided, that such rules and regulations shall not be effective until a certified copy or original thereof have been filed in the office of the Tribal Secretary for at least thirty (30) days, and provided further, that the Executive Committee may rescind or modify any such rules when in their judgment it is in the best interest of the Tribe to do so.

Absentee Shawnee Economic Development Act Section 303, AST ECON DEV Act Section 303



Section 304. Securing Financial Assistance

It is the purpose and intent of this Title to authorize the Authority to do any and all things necessary or desirable and not prohibited to secure the financial aid or cooperation of the Federal government or private sources of capital in the undertaking, construction, maintenance, or operation of any project of the Authority, subject to the limitations contained in this Title.

Absentee Shawnee Economic Development Act Section 304, AST ECON DEV Act Section 304



Section 305. Certain Property Laws Do Not Apply

No ordinance or other enactment of the tribe with respect to the acquisition, operation, or disposition of Tribal property shall be applicable to the Authority in its operations pursuant to this Title, unless specifically so stated herein, or in the ordinance in question if the Absentee Shawnee Economic Development Authority is specifically referred to.

Absentee Shawnee Economic Development Act Section 305, AST ECON DEV Act Section 305

 

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