(1) Ownership. Assume the position of owner of the existing enterprises and of other sound and profitable Enterprises owned in CEA’s own name, or through subsidiaries, or with others through partnership, joint venture, stock ownership, or other business arrangement.

(2) Creation of Subsidiaries. Form and organize subsidiary entities or other affiliates for the purpose of operating and managing the existing enterprises or those enterprises assigned to it or developed or acquired by it; and, subject to CEA’s authority and approval, allow such subsidiaries and other Tribal affiliates to exercise the powers identified in this section.

(3) Initiatives and Investments. Locate, develop and lead the Tribe in negotiating, structuring, creating, closing, and otherwise implementing sound and profitable enterprises.

(4) Advising.

(5) Deal in Real and Personal Property. Acquire, hold, use, manage, sell, lease, and dispose of real and personal property owned in its own name and title for the purpose of effectuating operation and management of those enterprises assigned to it or acquired by it.

(6) Management. Operate and manage (whether directly or indirectly) the existing enterprises and those enterprises assigned to CEA or acquired by it and take such further actions as are deemed necessary in connection with ownership, operation, and management.

(7) Authorization of Tribal Council. Implement the policies and purposes set out in this chapter, and to exercise the enumerated powers set forth herein, without further authorization or subsequent approval by the Tribal Council except as otherwise provided in this chapter. All parties dealing with CEA shall have the right to rely upon any action taken by CEA without requiring the additional consent of the Tribe.

(8) Officers, Employees and Agents. Engage and hire agents, auditors, employees, staff, consultants, and such professionals as in the opinion of CEA may be needed from time to time, and to define their duties and fix their compensation.

(9) Make Contracts. Enter, make, perform, and carry out or cancel and rescind contracts for any lawful purpose pertaining to its business necessary or incidental to the purposes set forth herein.

(10) Deal in Inventions, Copyrights, and Trademarks. Acquire (by application, assignment, purchase, exchange, lease, hire, or otherwise), hold, own, convey, use, license, lease, and sell, either alone or in conjunction with others, the absolute or any partial or qualified interest in and to inventions, improvements, letter patent and applications therefor, licenses, formulas, privileges, processes, copyrights and applications therefor, trademarks and applications therefor, and trade names, and that title of all such acquisitions shall be taken in the name of CEA or an enterprise.

(11) Depository. Designate and approve all depositories used for the deposit of funds of CEA.

(12) Approve Budgets. Manage and approve its budgets and expenditures, subject to the requirements in CTC 29.04.010.

(13) Borrow Funds and Grant Liens. Borrow funds, and enter agreements necessary for borrowing funds to carry out its purposes and the Goals, and guaranty the obligations of the enterprises and the Tribe. Pledge, grant security interests, and mortgage its property in connection with such borrowings and guaranties.

(14) Limited Waiver of Sovereign Immunity. Grant limited waivers of sovereign immunity for specific purposes only as necessary to carry out the purposes and goals of CEA. However, nothing contained in the preceding sentence or elsewhere in this chapter shall be construed as a waiver of the sovereign immunity of the Tribe or the Tribe’s other entities or political subdivisions, or of its officers, agents or employees, nor shall it be construed to allow enforcement of any kind whatsoever against any assets of the Tribe other than the revenues or assets of CEA, and CEA cannot waive the rights and immunities of the Tribe or its other entities or political subdivisions without a resolution by the Cowlitz Tribal Council other than as specifically authorized herein.

(15) Lawsuits. Sue and be sued, complain, and defend in its name.

(16) Intergovernmental Relationships. Communicate and negotiate with representatives of other governments and private businesses.

(17) Ancillary Powers. Exercise all powers necessary or convenient to achieve any or all of the purposes and goals for which CEA is organized. [Res. 23-139, 2023.]