Section 1. Sovereign Immunity. The Saint Regis Mohawk Tribe hereby declares that, in exercising self determination and its sovereign powers to the fullest extent, the Tribe is immune from suit except to the extent that the Tribal Council expressly waives sovereign immunity, or as provided by this Constitution.
Section 2. No tribal employee or elected official acting within the scope of their duties or authority is subject to suit.
Nothing in this Constitution shall be considered or interpreted to be a waiver of the sovereign immunity of the Native Tribe of Koyukuk. The sovereign immunity of the tribe may only be waived by express resolution of the Tribal Council, after a referendum in which the waiver is approved by the affirmative vote of the majority of tribal members qualified to vote. A waiver shall apply only to claims specified in such resolution and permitted by this Constitution and federal law. However, the Tribal Council shall have the authority to waive the sovereign immunity of the Native Tribe of Koyukuk without approval in a referendum solely for the purposes of satisfying the conditions or requirements of federal or State grants or contracts. Waivers of sovereign immunity shall not be general but must be specific and limited to duration, grantee, transaction, claims, property or funds of the Tribe subject to the waiver, as well as specific to the court having jurisdiction and applicable law.
Waiver of sovereign immunity of the Tribe shall not be considered a general consent to levy any judgment, lien or attachment upon property of the Tribe other than property specifically pledged, assigned or otherwise explicitly subject to levy in the waiver resolution. A waiver which fails to comply with this Article shall be invalid.
As a recognized part of the government of a sovereign Indian Tribe in existence from time immemorial, the government of the Pleasant Point Reservation is immune from suit in all forums except as set forth herein.
(a) The government of the Pleasant Point Reservation shall be subject to suit in the federal courts of the United States or the courts of the State of Maine to the extent agreed to in the Maine Indian Claims Settlement Act or as provided by other applicable law, and any suit which could be brought against that government in the courts of the United States or the State of Maine may be brought against it in the Passamaquoddy Tribal Court.
(b) The government of the Pleasant Point Reservation shall be subject to suit in the Passamaquoddy Tribal Court in any suit arising under Article IV, Section 1 of this Constitution or the Indian Civil Rights Act, provided that the government's immunity is waived only to the extent that damages may be awarded in an amount of not more than fifty thousand dollars for any and all claims of any one party arising out of the same course of conduct, transaction or occurrence, or any larger amount that the Sipayik Governor and Council may be hereafter establish by ordinance.
(c) The government of the Pleasant Point Reservation shall otherwise be subject to suit only in the manner and to the extent expressly authorized by a Passamaquoddy tribal Constitution or by action of the Joint Tribal Council or the Sipayik Governor and Council. Any suit for injunctive and prospective relief against a tribal official to enforce the terms of this Constitution or tribal law shall not be deemed a suit against the government, and is not barred by this Section.