Lani Hansen/Senior Reporter
OKMULGEE, Oklahoma – A regular session for the Muscogee (Creek) Nation National Council meeting was held Aug. 28 by teleconference.
The National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
NCR 21-007 Confirming Eric Freeman to serve on the Lighthorse Police Commission. Representative Lucian Tiger III sponsored the resolution, which passed 12-1. Rep. Patrick Freeman abstained.
MCN Code Annotated Title 50 requires one member of the Lighthorse Police Commission to be selected by NC. The person must be a full MCN citizen unless waived by two-third votes, possess an Associate’s Degree plus 10-20 years of experience in law enforcement, pass a drug test and criminal background check.
NC has selected Muscogee (Creek) citizen Eric Freeman to serve on the Lighthorse Police Commission.
TR 21-112 Authorizing the Principal Chief to execute a memorandum of understanding between New Mexico Highlands University and the Muscogee (Creek) Nation. Representative Anna Marshall sponsored the resolution, which passed 13-0.
New Mexico Highlands University developed a plan to formalize a relationship between NMHU and the Muscogee (Creek) Nation to promote higher education opportunities leading to the recruiting, retention and successful completion of degree programs by MCN students.
The memorandum of understanding sets out the terms and conditions for implementing said plan.
TR 21-113 Authorizing the Principal Chief to execute a certain agreement between the Muscogee (Creek) Nation Department of Health and Change Healthcare, LLC. Rep. Mary Crawford sponsored the resolution, which passed 13-0.
The agreement would allow MCNDH access to certain software interface services to fully implement the Epic Electronic Health Record System.
The agreement requires NC to waive the Nation’s sovereign immunity, disclaims many warranties by Change Healthcare, imposes an indemnification obligation on the MCNDH, limits some claims and remedies, and requires application of the laws of the State of Georgia.
TR 21-114 Authorizing the execution of the National Park Service Tribal Historic Preservation Officer Grant Agreement awarding funds in the amount of $70,175.00 to the Historic and Cultural Preservation Department. Representative Mark Randolph sponsored the legislation, which passed 13-0.
The grant funds will be used to ensure the protection and preservation of valued Mvskoke historic and cultural resources, including sacred places, cultural sites, cultural remains and Mvskoke history, for future generations.
Historic and Cultural Preservation Department Manager RaeLynn Butler claimed the department will use some of the funds to create an Internship position for a Muscogee youth.
TR 21-115 Authorizing the Principal Chief to execute a Memorandum of Agreement among the MCN, Bureau of Indian Affairs, Okmulgee County, and the Oklahoma State Historic Preservation Office regarding replacement of old Highway 75 North bridge over Adams Creek, Okmulgee County. Rep. Charles McHenry sponsored the legislation, which passed 13-0.
The road has been identified with MCN National Tribal Transportation Facility Inventory as Route 1430. The BIA plans to fund the project through MCN Tribal Transportation Program.
TR 21-120 Authorizing the Principal Chief to execute a sanitation contract with Quality Value Experience Sanitation Team for the MCN Meat Processing Plant. Rep. Robert Hufft sponsored the legislation, which passed 13-0.
The Nation desires to have a sanitation program that meets or exceed the sanitation standards of the U.S. Department of Agriculture. The company guarantees passage from the USDA. To obtain the services a Sanitation Agreement must be enacted and agreement waives sovereign immunity with Council approval.
TR 21-121 Confirming the nomination of Andrea James to serve on the Muscogee (Creek) Nation Election Board. Rep. Thomasene Yahola Osborn sponsored the legislation, which passed 12-1. Rep. Joyce Deere voted against.
The Laws requires an appointment to the MCN Election Board by the Principal Chief with confirmation by the NC.
The Principal Chief has nominated Muscogee (Creek) citizen Andrea James, to serve on the MCN Election Board – Position 5.
TR 21-122 Authorizing Chief to submit a Tribal Broadband Connectivity Program Application. Rep. Mark Randolph sponsored the resolution, which passed 13-0.
The Nation has received an award notification from the Federal Communications Commission for 2.5 GHz spectrums in particular areas of the MCN Reservation. The Nation plans to utilize the Tribal Broadband Connectivity Program funding to support finalizing project designs, implementing the designs and launching broadband services in critical areas.
TR 21-123 Authorizing the Gaming Operations Authority Board (“GOAB”) to create an MCNC Insurance Reserve Fund out of gaming profits. Rep. Patrick Freeman sponsored the resolution, which passed 13-0.
Before the pandemic River Spirit Casino suffered from the historic 2019 flood of the Arkansas River and was shut down for approximately a month. Due to the current COVID-19 pandemic, the MCN Casinos shut down for several months in 2020.
GOAB has determined that while profits are at historic high levels for the entire year despite the past flood and pandemic; and, for purposes of being proactive and to help mitigate a future natural disaster, an Insurance Reserve Fund account should be created.
TR 21-124 Authorizing the Gaming Operations Authority Board (“GOAB”) to execute the Master Equipment Lease agreement with Video Gaming Technologies, INC. (VGT), and the minimum obligation agreement and First Amendment to Master Gaming Device Purchase and Lease Agreement with Aristocrat Technologies, INC. Rep. Freeman sponsored the resolution, which passed 13-0.
The ATI Minimum Lease Agreement, VGT Lease Agreement and ATI Master Gaming Device Purchase and Lease Agreement were approved by TR 16-011. The First Amendment and Second Amendment to the ATI and VGT were approved subsequently.
GOAB desires to enter the First Amendment to the ATI Master Gaming Device Purchase and Lease Agreement; the terms of these agreements are each five years.
TR 21-125 Authorizing the Gaming Operations Authority Board (“GOAB”) to deposit current gaming funds in its Gaming Capital Expenditure account for the Eufaula Casino Project. Rep. Freeman sponsored the resolution, which passed 13-0.
The Nation currently owns and the GOAB manages the Muscogee Creek Nation Casino – Eufaula, which is in the vicinity of six other competing casinos within a one-hour drive. In March 2021 feasibility study showed the market analysis for a new casino and hotel in Eufaula would provide both superior visibility and access in comparison to the existing casino and will boost current profits.
The Eufaula casino project is estimated to be 48 to 49 million dollars of which the GOAB will ask the NC to approve a withdrawal of 40 million, at a future date, when the legal documents are negotiated and in final form from the revolving line of credit.
NCA 21-072 Authorizing the expenditure of the Department of Health and Human Services Administration for Community Living American Rescue Plan for OAA Title VI Part C Native American Caregivers Funds for the benefit of the Muscogee (Creek) Nation. Jennings sponsored the legislation, which passed 13-0.
The funds in the amount of $55,340.00 was awarded from the American Rescue plan to MCN Food Services Program would be used to provide supportive services for the administration of the Caregiver Program.
NCA 21-073 Authorizing the expenditure of the Department of Health and Human Services Administration for Community Living American Rescue Plan for OAA Title VI Part A/B Native American Funds for the benefit of the Muscogee (Creek) Nation Food Services Program. Jennings sponsored the legislation, which passed 13-0.
The funds awarded in the amount of $96,480.00 from the American Rescue Plan to MCN Food Services Program would be used to provide nutrition and supportive services for the administration of the Elderly Nutrition Program.
NCA 21-088 Authorizing the expenditure of grant funds awarded from the Institute of Museum and Library Services for the benefit of the College of the Muscogee Nation. Jennings sponsored the legislation, which passed 13-0.
The funds awarded in the amount of $10,000.00 from the Native American Library Services Grant would be used for the College of Muscogee Nation to complete cultural programming/outreach activities, increase number of patrons visiting and utilizing the library, purchase and implement a Science, Technology, Engineering, and Math database.
NCA 21-089 Authorizing a budget modification in excess of ten percent for the Muscogee (Creek) Nation Department of Health Facilities Management third party budget for FY 2021. Rep. Joyce Deere sponsored the legislation, which passed 13-0.
The Department of Health Facilities Management wishes to make this modification of ten percent to help cover construction costs for the Behavioral Health Facility.
NCA 21-090 Authorizing the expenditure of the National Park Service Tribal Historic Preservation Officer (THPO) Grant in the amount of $70,175.00 for the benefit of the Historic and Cultural Preservation Department. Rep. Randolph sponsored the legislation, which passed 13-0.
The grant amount of $70,175.00 will be used to ensure the protection and preservation of valued Mvskoke historic and cultural resources, including sacred places, cultural sites, cultural remains and Mvskoke history, for future generations.
Authorization from the National Council is requited to expend grant funds necessary to administer the THPO grant.
NCA 21-091 Repealing MCN Code Annotated Title 5 Chapter 2 entitled “Financial Assistance,” creating new law in MCNCA Title 5 Chapter 2 entitled “Financial Assistance,” and amending MCNCA Title 37, Chapter 2, and subchapter 1 entitled “Required Annual Budgets Items.” Rep. Randolph sponsored the legislation, which passed 13-0.
The new law provides assistance to the eligible Muscogee (Creek) churches and ceremonial grounds established by the National Council’s official list located within the Nation’s reservation.
The amendment includes the Ceremonial Ground Maintenance Assistance which establishes $96,000 beginning with fiscal year 2023 Comprehensive Annual Budget and every four years thereafter.
Appropriation for financial assistance for established ceremonial grounds and churches shall be established at $1,543,000 beginning with the FY 2022 CAB and annually thereafter.
NCA 21-094 Authorizing a budget modification in excess of ten percent (10%) for the Department of Justice Office of Justice Programs FY 18 Body-worn camera policy and implementation program grant funds for the benefit of the Muscogee (Creek) Nation Lighthorse Police Department. Rep. Robert Hufft sponsored the legislation, which passed 13-0.
The Muscogee (Creek) Nation Lighthorse Police Department is requesting a budget modification of its total federal grant budget.
MCN Lighthorse Police Department wishes to make this modification in order to reallocate certain funds to enter into an agreement for the purchase, installation and maintenance of 55 body-worn cameras.
NCA 21-095 Amending MCNCA Title 6, substitute 6-232 Entitled “Modification of a Child Support Order.” Rep. Anna Marshall sponsored the resolution, which passed 13-0.
Child support orders may be modified upon a material change of circumstances which includes, but is not limited to an increase or decrease in the needs of the child, increase or decrease in the income of the parents, changes in actual annualized child care expenses, changes in cost of medical or dental insurance or when one of the children in the child support order reaches the age of majority or otherwise ceases to be entitled to support pursuant to the order.
A 15% increase or decrease in the income of either party will be considered for a modification.
After Nov. 1, 2021 there shall be a rebuttable presumption that an obligor who is incarcerated for a period of one hundred eighty or more consecutive days is unable to pay child support.
NCA 21-097 Authorizing the expenditure of American Rescue Plan Act (“ARPA”) Funds received from the United States Department of the Treasury for the Muscogee (Creek) Nation citizen vaccine incentive. Rep. William Lowe sponsored the resolution. Rep. A. Marshall, M. Randolph, C. McHenry, J. Jennings, R. Hicks, D. Proctor, L. Tiger III, R. Hufft, A. Jones III, J. Hicks, P. Freeman Jr., M. Crawford, T. Yahola Osborn and J. Deere co-sponsored the resolution, which passed 13-0.
With COVID-19 cases on the rise again with vast majority of deaths and hospitalizations occurring among the unvaccinated, the Nation is providing a one-time incentive to citizens in order to encourage to those to protect themselves, their families and citizens.
The NC is required to expend the ARPA funds necessary for the vaccine incentive for the approximately 80,000 Muscogee (Creek) citizens ages 12 and older.
Citizens ages 12 and older fully vaccinated by Sept. 30, 2021 will receive a full one-time incentive of $500.00.
Citizens ages 12 and older fully vaccinated by Dec. 31, 2021 will receive a one-time incentive of $300.00.
NCA 21-098 Amending NCA 21-077 (A law of the Muscogee (Creek) Nation authorizing the expenditure of American Rescue Plan Act (“ARPA”) Funds from the United States Department of the Treasury to establish the COVID-19 Impact Relief Individual Assistance Program.) Rep. Lucian Tiger III sponsored the legislation, which passed 13-0.
Every Muscogee (Creek) citizen as of Sept. 30, 2021 is eligible to apply for financial assistance in the amount of $2,000.00 through the CIRIA Program, regardless of age, income or residency.
Those applying for citizenship should have the citizenship application submitted and postmarked to the MCN Citizenship Office by Sept. 30, 2021. Upon initial review by the Citizenship Office, the application will be reviewed for completeness.
The NC authorizes the Principal Chief or his designee to expend ARPA funds up to $196,092,309.00 consistent with the COVID-19 Impact Relief Individual Assistant Program revised budget.
Rep. Anna Marshall was excused from the meeting.
