THE INTER-TRIBAL COUNCIL
OF THE FIVE CIVILIZED TRIBES
Organized February 3, 1950

RESOLUTION NO. 2006-001

A RESOLUTION TO PREVENT THE SALE OF LITTLE CEDAR
MOUNTAIN PROPERTIES AT PUBLIC AUCTION BY TENNESSEE
VALLEY AUTHORITY (TVA TRACT NO. XNJR-21)

WHEREAS, The Inter-Tribal Council of the Five Civilized Tribes is an organization that unites the tribal governments of the Muscogee (Creek), Seminole, Cherokee, Choctaw and Chickasaw Nations, representing over 500,000 tribal members throughout the United States, and;

WHEREAS, The Tennessee Valley Authority, a federal land manager, voted at their Board of Directors meeting September 28, 2005 to allow the sale of federally owned lands to the private sector at public auction; and,

WHEREAS, No Memorandum of Understanding between the Tennessee Valley Authority (TVA) and the Culturally affiliated federally recognized tribes on record as interested consulting parties according to applicable federal law for all TVA actions and all of the Tribes listed as consulting parties for actions regarding TVA Tract No. XNJR-21 into specific Memorandum of Agreement regarding the sale of this property; and,

WHEREAS, The archeological field work done in preparation for the "Re-evaluation of Finding of No Significant Impact" was inadequate, Consisting of shovel testing in the Area of Potential Effect has been agricultural use for centuries thereby disturbing the entire plowzone; and,

WHEREAS, Tradition Cultural Authorities of the Muscogee (Creek) Nation have informally identified plants of high cultural significance in the APE; and,

WHEREAS, Once the Land is transferred out of federal protections, the federally recognized tribes will no longer have the right to comment on the development other than in the event of inadvertent discovery of human remains.

NOW THEREFORE BE IT RESOLVED, that the Inter-Tribal Council of the Five Civilized Tribes hereby request that TVA postpone the proposed sale of TVA Tract No. XNJR-21 until proper consultation carried out with all federally recognized tribes listed as consulting parties on page 37 of TVA's "Re-evaluation of Finding of No Significant Impact".

CERTIFICATION

The foregoing Resolution 2006-001 was adopted by the Inter-Tribal Council of the Five Civilized Tribes meeting at Durant, Oklahoma on January 20, 2006 by a vote of 22 in favor 0 against and 0 abstentions.

[signed]
Bill Anoatubby, Governor
Chickasaw Nation

[signed]
A.D. Ellis, Principal Chief
Muscogee (Creek) Nation

[signed]
Chadwick Smith, Principal Chief
Cherokee Nation

[signed]
Enoch Kelly Haney, Principal Chief
Seminole Nation

[signed]
Gregory E. Pyle, Chief
Choctaw Nation