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A. If the Department of Housing is organized as a limited administration, the rights and powers of a consortium, organization, association, or other entity or body that meets the requirements of Section 1-202(B)(1) shall not include:

1. Any regulatory powers retained by the Tribal Council, Chairperson, Vice-Chairperson, and/or government departments, offices, boards, commissions, committees, or agencies; provided, however, that the corresponding act pursuant to Section 1-401 may include procedures to provide exceptions subject to the approval of the appropriate regulating body; or

2. Any power to waive the sovereign immunity of the Tribe or the Tribe’s officers, agents, employees, or enterprises; provided, however, that the corresponding act pursuant to Section 1-401 may include the ability of the consortium, organization, association, or other entity or body to waive any immunity that the consortium, organization, association, or other entity or body may have, so long as such a waiver does not extend to the Tribe; the Tribe’s officers, agents, employees, or enterprises; or the Tribe’s assets.

B. Any action taken in violation of this section shall be void and have no force or effect. (Res. 2023-57)