29.01.070 Sovereign Immunity Waiver

(a) Only Tribal Corporations enjoy sovereign immunity.

(b) Sovereign immunity of the Tribal Corporation. A tribal corporation maintains all the inherent vestiges of sovereignty that the Tribe enjoys.

Pursuant to its inherent sovereignty the Tribe enjoys sovereign immunity from suit which has been reaffirmed by Federal case law and statute. The Tribal Corporation is clothed with all the privileges and immunities of the Tribe, except as specifically limited by the Tribal Corporation's Charter, including sovereign immunity from suit in any tribal, federal or state court. Nothing in this Title shall be deemed or construed to be a waiver of sovereign immunity of a tribal entity from suit or to be a consent of the tribal entity of the Tribe, to the jurisdiction of the United States or of any state with regard to the business or affairs of the tribal entity or to any cause of action, cause or controversy, except as provided herein.

(c) Waiver of Sovereign Immunity of the Tribal Corporation. Sovereign immunity of the tribal corporation may be waived only be express resolution of the governing body of the tribal corporation. All waivers of sovereign immunity must be preserved with the resolution of the governing body of the tribal corporation of continuing force and effect. Waivers of sovereign immunity are disfavored and shall be granted only when necessary to secure a substantial advantage or benefit to the tribal entity.

(d) Waivers of sovereign immunity shall not be general but shall be specific and limited as to duration, grantee, transaction, property or funds, if any, of the tribal corporation subject thereto, court having jurisdiction pursuant thereto and law applicable thereunder. Nothing in a tribal corporation charter shall be deemed or construed to be a waiver of sovereign immunity from suit of the Tribe or to be a consent of the Tribe to the jurisdiction of the United States or of any state with regard to the business or affairs of the tribal corporation or the Tribe or to any cause of action, case or affairs of the tribal corporation or the Tribe or to any cause of action, case or controversy, except as provided herein.

(e) Credit of the Tribe. Nothing in a tribal corporate charter, nor any activity of any tribal entity, shall implicate or in any way involve the credit of the Tribe.

(f) Inclusion in Charter. The provisions of Subsection (a) through (e) of this Section shall be, by operation of law, be included in the charter of each existing tribal corporation, and shall be expressly stated in the charter of all tribal entities hereinafter acquired or created.