By Morgan Taylor, Reporter
OKMULGEE, Oklahoma – The Muscogee (Creek) Nation National Council meeting was held April 26 via teleconference.
The National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
NCR 21-003 Resolution of the Muscogee (Creek) National Council approving the service contract agreement between the Muscogee (Creek) National Council and Native Advisory LLC. Sponsored by Representative William Lowe.
The National Council seeks to enter into a Service Contract Agreement with Native Advisory LLC to assist the National Council in executing their constitutionally mandated fiscal responsibilities. The contract shall be in the amount of $153,450 from April 24, 2021 to December 31,2021. Motion adopted. Representatives Thomasene Yahola Obsorn, Mark Randolph, Travis Scott, and Robert Hufft voted against. 11-4
NCR 21-004 Resolution of the Muscogee (Creek) Nation National Council selecting Rodney Luellen to serve on the Muscogee Nation Business Enterprise Board of Directors. Sponsored by Representative Travis Scott.
The National Council selects Rodney Luellen for a term ending on April 24, 2024 on the Muscogee Nation Business Enterprise Board of Directors. Motion adopted. 15-0
NCR 21-005 Resolution of the Muscogee (Creek) National Council selecting Rodney Luellen to serve on the Muscogee Nation Businesses, LLC (MNB, LLC) Board of Directors. Sponsored by Representative Travis Scott
The National Council selects Rodney Luellen for a term ending on April 24, 2024 on the Muscogee Nation Business Enterprise Board of Directors. Motion adopted. 15-0
TR 21-047 Resolution of the MCN authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and Surescripts, LLC on behalf of the MCN Department of Health. Sponsored by Representative Mary Crawford.
The MCN Department of Health desires to enter an Agreement with Surescripts, LLC to allow access to certain pharmacy electronic prescribing services for the full integration and implementation of the Epic Electronic Health Record System. Motion adopted. 15-0
TR 21-048 Resolution of the MCN supporting the assumption of remaining tribal shares form the Indian Health Service Claremore Service Unit. Sponsored by Representative Joyce Deere.
MCN Department of Health has determined the assumption of the remaining available shares will provide improved services to MCN citizens and has planned to assume tribal shares, to transfer related programs, services, functions and activities and provide services directly. Motion adopted. 15-0
TR 21-049 Resolution of the MCN authorizing the Principal Chief to execute a professional services agreement with the University of Oklahoma, Health Sciences Center on behalf of the MCN Department of Health. Sponsored by Representative Anna Marshall.
The MCN Department of Health has the opportunity to enter into a Professional Services Agreement with of Oklahoma Health Sciences Center to provide specialized bariatric services to members of the MCN and other qualifying individuals. Motion adopted. 15-0
TR 21-050 Resolution of the MCN authorizing the Principal Chief to execute a memorandum of agreement with Hughes County for improvements to three county roads. Sponsored by Representative Thomasene Yahola Obsorn.
The Nation and Hughes County, OK are desirous of obtaining satisfying road conditions within Hughes County in the MCN by engaging in a project known as the Maintenance Overlay Project includes placing an asphalt overlay on three County Roads known as Rt 1945, Rt 1946, and Rt 1922. Estimated $1,178,830.00 for the project paid for by Federal Funding from the Nation’s Tribal Transportation Program. Motion adopted. 15-0
TR 21-052 Resolution of the MCN authorizing the Principal Chief to execute a Memorandum of understanding with the city of Muskogee, OK, for the maintenance of roadways and associated rights-of-way constructed of improved by the MCN Tribal Transportation Program. Sponsored by Representative Darrell Proctor
The Nation’s Tribal Transportation Program has an inventory of proposed public roadways/associated rights-of-way designated as Tribal Transportation Program Routes located in the City of Muskogee. Motion adopted. 15-0
TR 21-053 Resolution of the MCN authorizing the Principal Chief to execute a Memorandum of Agreement between the Nation and the Oklahoma Department of Transportation for a Safety Improvement Project located at U.S. Highway 75 and E0830 Road. Sponsored by Representative Darrell Proctor
There is a need for a Safety Improvement Project that includes an acceleration lane and deceleration lane at US-75 and E0830 Rd in Okmulgee Co., the Nation and the Oklahoma Department of Transportation are desirous of the Project to reduce collisions. The estimated cost is $1,300,000.00 and will be paid with Tribal Transportation Funding. The Department of Transportation accepts maintenance. Motion adopted. 15-0
TR 21-054 Resolution of the MCN authorizing the Principal Chief to execute a Memorandum of Agreement with Okmulgee Co. for improvements to three county roads. Sponsored by Representative Darrell Proctor.
The Nation is engaging in a project known as the Maintenance Overlay Project, which includes placing asphalt overlay on three county roads known as Rt 142M, Rt 1459, and Rt 148K. The estimated cost of the project is $355,803.00 and shall be funded by Federal Funding from the Nation’s Tribal Transportation Program. Motion adopted. 15-0
TR 21-055 Resolution of the MCN authorizing the Principal Chief to execute two separate Memorandums of Agreement with McIntosh County for improvements to two county roads. Sponsored by Representative Darrell Proctor.
The Nation and McIntosh County are desirous of obtaining satisfactory road conditions within McIntosh County, which is within the MCN, by engaging in two projects known as the patching and paving overlay of 3.4 miles of Salem South Road (RT 1803) at an estimated cost of $1,851,712.00 and 2.5 miles of Salem Road-E1130 (RT 1821) at an estimated cost of $1,123,459.00 from the Nation’ Tribal Transportation Program. Motion adopted. 15-0
TR 21-056 Resolution of the MCN authorizing the Principal Chief to execute a Memorandum of Agreement with Okfuskee County for improvements to two county roads. Sponsored by Representative Darrell Proctor
The Nation and Okfuskee County are desirous of obtaining satisfactory road conditions within Okfuskee County, which is within the MCN, by engaging in a project known as the Maintenance Overlay Project, which includes placing an asphalt overlay on two county roads known as Rt 1315 and Rt 1322. Project estimated $595,143.00 from the Nation’s Tribal Transportation Program. Motion adopted. 15-0
TR 21-058 Resolution of the MCN authorizing the Principal Chief to execute a Memorandum of Agreement with McIntosh County for improvements to a county road. Sponsored by Representative Darrell Proctor
The Nation and McIntosh County are desirous of obtaining satisfactory road conditions within McIntosh County, which is within the MCN, by engaging in a project known as the NTTFI RT# 181B Project includes the grading and placing of aggregate on 1.0 miles of roadway. Estimated cost of projects is $200,000.00 from Tribal Transportation Program. Motion adopted. 15-0
TR 21-059 Resolution of the MCN authorizing the construction of an Arbor Care Equipment Storage Awning at the MCN Headquarters in Okmulgee, OK. Sponsored by Representative Charles McHenry
The MCN Office of Emergency Management, Risk Management and the Department of Interior Affairs are requesting an equipment storage space for Arbor Care vehicles. Cost of construction is $51,700.00. Motion adopted. 15-0
TR 21-060 Resolution of the MCN authorizing the Principal Chief to execute a Memorandum of Agreement among the 325th Fighter Wing Tyndall Air Force Base, the Florida State Historic Preservation Officer, the MCN and the Poarch Band of Creeks regarding the Tyndall Air Force Base Golf Course Building Demolition Project. Sponsored by Representative Joseph Hicks.
Tyndall AFB has consulted with Miccosoukee Tribe of Indians, the MCN, the Poarch Band of Creeks, Seminole Nation of OK, Seminole Tribe of FL, and Thlopthlocco Tribal Town regarding the effects of the undertaking on historic properties. Motion adopted 15-0
TR 21-061 Resolution of the MCN authorizing the Principal Chief to execute a Programmatic Agreement among the U.S. Army Corps of Engineers, Savannah District, the Advisory Council on Historic Preservation, the Georgia State Historic Preservation Officer, the Absentee Shawnee Tribe of OK, the Alabama Quassarte Tribal Town, the Chickasaw Nation, the Coushatta Tribe, the Kailegee Tribal Town, the Muscogee (Creek) Nation, the Poarch Band of Creek Indians, the Seminole Nation of OK, the Thlopthlocco Tribal Town, the Shawnee Tribe of OK, the United Keetoowah Band of Cherokee Indians, and the Oconee Land Development Company, LLC, regarding development within the Reynolds Lake Oconee Property and the Lake Oconee Village Property, Greene County and Putnam County, GA. Sponsored by Representative Joseph Hicks
Oconee Land Development Company LLC proposes to develop and construct residential and commercial properties and related amenities within the Reynolds Lake Oconee Property. The project is an undertaking subject to review by the U.S. Army Corps of Engineers under section 106 of the National Historic Preservation Act and implementing its regulations, “Protection of Historic Properties” as well as the National Environmental Policy Act, the Historic Sits Act of 1935, the Antiquities Act, the American Indian Religious Freedom Act, the Religious Freedom Restoration Act, Indian Sacred Sites Executive Order, Preserve American Executive Order and Consultation and Coordination with Indian Tribal Governments. Motion adopted. 15-0
TR 21-062 Resolution of the MCN authorizing the Principal Chief to execute a contract award with MacHill Tribal Construction, LLC. for the construction of homes for the Berryhill Acres subdivision in Okmulgee, OK. Sponsored by Representative Thomasene Yahola Osborn
The MCN Department of Housing is requesting approval for a MCN Department of Housing Contract Award with MacHill Tribal Construction, LLC to build nine homes for the Berryhill Acres Subdivision and the cost will be $1,592,005.00 funded by NAHASDA funds. Motion adopted. 15-0
TR 21-063 Resolution of the MCN confirming the nomination of Nadie Beauty to serve as the Secretary of Housing for the MCN. Sponsored by Representative Thomasene Yahola Osborn
Nomination of Nadie Beauty to serve as the Secretary of Housing for the MCN will go before National Council. Motion adopted. Representatives Darrell Proctor, Lucian Tiger III, Joyce Deere, Joseph Hicks, Adam Jones III, Anna Marshall, James Jennings voted against. 8-7
TR 21-064 Resolution of the MCN authorizing the Principal Chief to execute a contract accepting a donation of land located in McIntosh County, OK. Sponsored by Representative Mark Randolph
The Nation has been presented with an opportunity to accept a donation of land located at Tiger Mountain, OK of approx.1300 acres. The acquisition of the land will allow for the development of a nature preserve and visitors/educational center for the Nation. Motion adopted. 15-0
TR 21-065 Resolution of the MCN authorizing the Principal Chief to execute an Attorney-Client Agreement for legal services with law firms of Whitten Burrage, LLP and Nix Patterson, LLP on behalf of the MCN. Sponsored by Representative Anna Marshall
The MCN through the office of the Attorney General is seeking advice, consultation, and any necessary legal; services relating to potential litigation against third-party insurance programs that are wrongfully denying payment for third-party insurance claims. Motion adopted. 15-0
TR21-066 Resolution of the MCN confirming the nomination of Christopher M. Ray to serve on the Gaming Operations Authority Board. Sponsored by Representative Patrick Freeman Jr. Co-Sponsored by Representatives Robert Hufft, Adam Jones III, William Lowe, and Travis Scott.
The National Council confirms nomination of Christopher M. Ray to serve a term beginning when Ray receives his gaming license and shall end three years (2024) from beginning date. Motion adopted. 15-0
TR 21-067 Resolution of the MCN confirming the nomination of Kevin Agee to serve on the Gaming Operation Authority Board. Sponsored by Representative Patrick Freeman Jr. Co-Sponsored by Representatives Robert Hufft, Adam Jones III, William Lowe, and Travis Scott.
The National Council confirms nomination of Kevin Agee to serve a term beginning when Agee receives his gaming license and shall end three years (2024) from beginning date. Motion adopted. Representatives Anna Marshall, Darrell Proctor, Lucian Tiger III, and Joyce Deere voted against. Representative James Jennings abstained. 10-4-1
TR 21-068 Resolution of the MCN confirming the nomination of Jackie Jackson to serve on the Gaming Operations Authority Board. Sponsored by Representative Patrick Freeman Jr. Co-Sponsored by Representatives Robert Hufft, Adam Jones III, William Lowe, and Travis Scott.
The National Council confirms nomination of Jackie Jackson to serve a term beginning when Jackson receives her gaming license and shall end three years (2024) from beginning date. Motion adopted. 15-0
NCA 21-030 Law of the MCN amending MCNCA Title 35, Chapter 7. Entitled “Natural Disaster Act.” Sponsored by Representative Mark Randolph
The new law known as the “Disaster Assistance” will assist a household of at least one enrolled Muscogee (Creek) citizen who may be eligible for assistance for the loss of furniture, clothing, groceries, housing etc. if affected by fire, flood, tornado, hurricane, earthquake or other disasters considered on a case-by-case basis. Disaster must have occurred within one year of application date, certain documentation is required. Motion adopted. 15-0
NCA 21-031 Law of the MCN amending MCNCA Title 19 substitute 10-108. Entitled “Handling of returned absentee ballot,” and substitute 10-109. Entitled “Examination of signatures; removal of outer envelope.” Sponsored by Representative James Jennings
The new law states absentee ballots received by the Election Board must be marked, sealed in the inner envelope and mailed in the pre-addressed outer envelope. The examination of signatures and the removal of the outer envelope may take place during three days in the advance of the day of election. Absentee ballots are retrieved by Election Board members and placed in absentee ballot boxes from Lighthorse Headquarters. Motion adopted. 15-0
NCA 21-032 Law of the MCN amending MCNCA Title 35, substitute 14-103 entitled “Eligibility; guidelines and policy.” Sponsored by Representative Anna Marshall.
The new law states the Director of the Youth Services Program will develop and adopt guidelines and procedures for the Mvskoke Youth Opportunity Grant, with advisement from the Mvskoke Nation Youth Council – Finance Committee. The eligibility shall be all enrolled youth citizens, up to the age of 24 to partake in educational activities and non-educational extra-curricular activities. Representative Anna Marshall made a motion to postpone until next session. Motion postponed. 15-0
NCA 21-033 Law of the MCN authorizing a supplemental appropriation for the Muscogee (Creek) Nation Citizenship Office for Fiscal Year 2021. Sponsored by Representative Anna Marshall ($89,777.38)
The citizenship office has seen an increase following the McGirt decision, and is in need of additional funds in order to hire additional staff. Motion adopted. 15-0
NCA 21-036 Law of the MCN authorizing an appropriation of funds for the Arbor Care Equipment Storage at the MCN Headquarters in Okmulgee, OK. Sponsored by Representative Charles McHenry ($51,700.00)
The purpose of this law is to authorize an appropriation of funds for the Arbor Care Equipment Storage Construction Project. Motion adopted. 15-0
NCA 21-037 Law of the MCN authorizing a budget modification in excess of ten percent for the MCN Realty and Trust Department FY 2021 Budget. Sponsored by Representative Joseph Hicks.
The Realty and Trust Department is making this budget modification request to reallocate certain funds for other necessary expenses as outlined in the attached budget modification request. Motion adopted. 15-0
NCA 21-038 Law of the MCN appropriating funds to be used to accept donated real property and transactional costs related to accepting donated real property located in McIntosh Co., OK. Sponsored by Representative Mark Randolph
The Nation will pay the owner $100 as a consideration and in validation of the transaction. Costs associated with donated lands include cost of title, insurance, title opinions, surveys, environmental studies and applicable taxes. The purpose of this law will appropriate funds to cover the consideration and costs of incidental expenses related to the acceptance of the above-referenced donated land. Motion adopted. 15-0
NCA 21-039 Law of the MCN amending NCA 20-025 (Law of the MCN authorizing the expenditure of Federal, State, and Local funds received by the MCN to provide tribal services in response to the COVID-19 Virus) Sponsored by Representative William Lowe
Section 1-101 – E of NCA 20-025 has been eliminated from legislation.
Section four amended to authorize to expend funds as they are received form federal, state and local agencies shall terminate April 24,2021. Motion adopted. 15-0
NCA 21-040 Law of the MCN authorizing a supplemental appropriation for the Muscogee (Creek) Nation Tax Commission for fiscal year 2021. Sponsored by Representative Joseph Hicks.
The citizenship numbers have increased which adds to the increased work, and following the McGirt decision; the Tax Commission needs additional agents. Representative Joseph Hick made a motion to postpone until next session. Motion postponed. 15-0
NCA 21-041 Law of the MCN establishing guidelines regarding the authorization of the expenditure of the American Rescue Plan Funding. Sponsored by Representative William Lowe. Co-Sponsored by Representatives Lucain Tiger III, Anna Marshall, and Joseph Hicks.
The purpose of this Act is to establish guidelines where all ARP funds will require budgets for proposed expenditures and must be detailed to and approve by the National Council. Motion adopted. Representatives Thomasene Yahola Osborn, Mark Randolph, and Travis Scott voted against. 12-3
NCA 21-042 Law of the MCN amending MCNCA Title 37, Chapter 9 entitled “Record requests between public bodies” and creating new law entitled “Information Requests.” Sponsored by Representative William Lowe.
The purpose of this act is to authorize record requests between public bodies, and the public body is not required to process the request under the FOIA, unless the citizen chooses to do so by written request. Motion adopted. 15-0
NCA 21-043 Law of the MCN amending MCNCA Title 14 substitute 1-802 entitled “Release prior to trial.” Sponsored by Representative Patrick Freeman Jr., Co-Sponsored by Representative Robert Hufft.
The release to prior trial conditions is determined by the judge to reasonably assure the appearance of the person for trial and ensure public safety. Motion adopted. 15-0
NCA 21-044 Law of the MCN amending MCNCA Title 26 entitled “Judicial Branch/Courts” and authorizing the creation of a Chief District Court Judge. Sponsored by Representative Patrick Freeman Jr., Co-Sponsored by Representative Robert Hufft.
The Chief judge is necessary to hear emergency requests, handle case administration, provide for timely approval of search warrants and arrest warrants, and presides over the part-time District Court Judges. Motion Adopted 15-0
NCA 21-045 Law of the MCN creating new law in Title 30, Chapter 9 entitled “Government Records.” Sponsored by Representative Lucian Tiger III, Co-Sponsored by Representatives Adam Jones III, Patrick Freeman Jr., Anna Marshall, Joseph Hicks.
This act is to provide open access to each National Council member to all records under Muscogee (Creek) Nation government. The legislation would require that executive branch employees respond to records request from each national council representative. The records requested would be required to be turned over to representatives of the legislative branch within five days. Failure to comply with the request would mean civil penalties could be enforced.
Representatives Robert Hufft, Charles McHenry, Thomasene Yahola Osborn, Travis Scott voted against. 11-4
NCA 21-047 Law of the MCN Appropriating funds for Financial Advisory Services. Sponsored by Representative William Lowe.
The appropriating funds of $153,450.00 from the Native Advisory LLC is to assist National Council in executing their constitutionally mandated fiscal responsibilities. Motion adopted. 15-0
