11.05.060 Immunities of the KTHA.
(A) Jurisdictional Immunity of the KTHA. The Tribe hereby confers on the KTHA all of the Tribe’s rights, privileges and immunities concerning federal, state, and local taxes, regulation, and jurisdiction, to the same extent that the Tribe would have such rights, privileges, and immunities, if it engaged in the activities undertaken by the KTHA.
(B) Sovereign Immunity of the KTHA. The Tribe hereby confers on the KTHA sovereign immunity from suit to the same extent that the Tribe would have such sovereign immunity if it engaged in the activities undertaken by the KTHA. The KTHA shall have the power to sue and is authorized to consent to be sued in the Tribal Court or another court of competent jurisdiction; provided, however, that:
(1) No such consent to suit shall be effective against the KTHA unless such consent is:
(a) Explicit; and
(b) Contained in a written contract to which the KTHA is a party; and
(c) Specifically approved by the Housing Committee of the KTHA; and
(d) Specifically approved by the Tribal Council; and
(2) Any recovery against such KTHA shall be limited to:
(a) The value of the goods or services which are the subject of the applicable agreement(s) under subsection (B)(1)(b) of this section; and
(b) In no case shall any recovery exceed the assets of the KTHA.
Any consent to suit may be limited to the Court or courts in which suit may be brought, to the matters that may be made the subject of the suit and to the assets or revenues of the KTHA against which any judgment may be executed.
Any immunity conferred on the KTHA under this chapter shall not extend, nor be construed to extend, to any action, suit, or judicial proceeding brought or prosecuted by the Karuk Tribe.
Consent to suit by the KTHA shall in no way extend to an action against the Tribe, nor shall a consent to suit by the KTHA in any way be deemed a waiver of any of the rights, privileges and immunities of the Tribe. The Tribe shall not be liable for the payment or performance of any of the obligations of the KTHA, and no recourse shall be had against any assets or revenues of the Tribe in order to satisfy the obligations of the KTHA. [Ord. 2 Art. V, 9/7/2005.]