The Council hereby gives its consent to allow the Authority to sue and be sued in the Authority’s name, upon any contract, claim, or obligation arising out of its activities under this chapter. In giving this consent, the Council does not intend to waive the Authority’s sovereign immunity from suit, including that of its commissioners and employees. Rather, the Council hereby authorizes the Board by a vote of a majority of the full Board to provide a limited waiver of the Authority’s sovereign immunity and consent to suit by an express written provision in a contract or other agreement. The Council directs the Board to make any such limited waiver subject to such conditions as the Council or the Office of the Tribal Attorney deems appropriate.

The Council does not give the Authority consent to waive the Tribe’s sovereign immunity, including that of its officers and employees, and the Tribe shall not be liable for the debts or obligations of the Authority. Funds provided under NAHASDA are deemed to be funds of the Tribe and are not subject to the waiver of sovereign immunity applicable to the Authority under this section. [Ord. 37A § 4203, adopted, 6/6/2014.]