OKMULGEE, Oklahoma – The Muscogee (Creek) Nation National Council Quarterly Session was held Jan. 29 at the Mound Building.
Representative Robert Hufft was excused from the meeting.
The National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 21-158 Upholding and enforcing the official name and seal of the MCN. Returned as Veto on Jan. 5. Rep. Darrel Proctor made a motion to override the veto.
Veto was overridden with a vote of 15-0.
Chief David Hill vetoed the bill on Jan. 4 and returned it to National Council on Jan. 5. In his veto, Chief makes several objections of the bill being unconstitutional.
According to Chief, the resolution violates Section 1(a) of Article V of the MCN Constitution, “unlawfully infringing” on the authority of the Office of the Principal Chief.
It is through his power that Chief approved the Nation’s Marketing & Tourism Department to develop, use, and promote a logo and the name “Muscogee Nation” for branding and marketing purposes only.
Chief claimed in his veto message the bill is “unfairly targeting” the Executive Branch and not the other branches in usage of the official name and seal, Muscogee (Creek) Nation.
The National Council had adopted TR 21-158 Dec. 18 by a vote of 14-0.
TR 22-001 Authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and Baxter Healthcare Corporation on behalf of the MCN Department of Health. Rep. Mary Crawford sponsored the resolution, which was adopted 14-0.
The MCNDH desires to enter into an Agreement with Baxter Healthcare Corporation to allow the MCNDH to lease pump machines for use at Council Oak Comprehensive Healthcare.
TR 22-002 Authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and Haemonetics Corporation on behalf of the MCN Department of Health. Rep. Crawford sponsored the resolution, which was adopted 14-0.
The MCNDH desires to enter into an Agreement with Haemonetics Corporation to allow the MCNDH to purchase a service in order to integrate services at Council Oak Comprehensive Healthcare with the EPIC HER interface.
TR 22-003 Authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and Medivators, INC on behalf of the MCN Department of Health. Rep. Crawford sponsored the resolution, which was adopted 14-0.
The MCNDH desires to enter into an Agreement with Medivators, INC to allow the MCNDH to purchase a machine for use at Council Oak Comprehensive Healthcare.
TR 22-004 Authorizing the Principal Chief to execute a Special Services Attorney Agreement between the MCN and Sarah Deer for the purpose of providing legal services for the MCN Family Violence Prevention Program. Rep. Anna Marshall sponsored the resolution, which was adopted 14-0.
MCN FVPP received approval to expend up to $25,000 of funding from the Office of Victims of Crime to pay for the legal services of Attorney Sarah Deer. Services will provide Tribal Code review and revisions to strengthen the Nation’s codes on victim’s rights, protective orders, and confidentiality for Victim Service Staff, elder abuse and related areas.
TR 22-005 Authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and the National Library of Medicine, Department of Health and Human Services, on behalf of the MCN Department of Health. Rep. Joyce Deere sponsored the resolution, which was adopted 14-0.
The MCNDH desires to enter into an Agreement with the National Library of Medicine, Department of Health and Human Services to allow the MCNDH access to the Metathesaurus tool for regulatory reporting.
TR 22-006 Authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and Psychological Assessment Resources, INC. on behalf of the MCN Department of Health. Rep. Deere sponsored the legislation, which was adopted 14-0.
The MCNDH desires to enter into an Agreement with Psychological Assessment Resources, INC to allow the MCNDH to access a certain psychological evaluation and assessment tool.
TR 22-007 Authorizing the Principal Chief to execute a certain agreement between the MCN Department of Health and NDC Health Corporation d/b/a RelayHealth on behalf of the MCN Department of Health. Rep. Marshall sponsored the resolution, which was adopted 14-0.
The MCNDH desires to enter into an Agreement with NDC Health Corporation d/b/a RelayHealth to allow the MCNDH to utilize a pharmacy claim service.
TR 22-008 Authorizing the Gaming Operations Authority Board to deposit additional funds in the MCNC Insurance Reserve Fund. Rep. Patrick Freeman Jr. sponsored the resolution, which was adopted 14-0.
MCN casinos suffered losses due to shut downs during the pandemic and after River Spirit suffered from the 2019 flood of the Arkansas River which caused $28.2 million in damages and only 13.6 million was covered by insurance.
Insurance renewals have went up over 200% in the last year and cost $2,719,629.00 more than last years.
Recent communications with the Corps of Engineers indicate a future flood within the next ten years.
GOAB wishes to fund the Insurance Reserve Fund with an additional $7.5 million for the purpose of being proactive and help mitigate a future natural disaster.
TR 22-009 Authorizing the Principal Chief to execute a security agreement between the MCN and the U.S. Department of Health and Human Services Administration for Children and Families Office of Child Support Enforcement. Rep. Sandra Golden sponsored the resolution, which was adopted 14-0.
The MCN Office of Child Support Enforcement seeks to support the U.S. Department of Health and Human Services Administration for Children and Families Office of Child Support Enforcement (FLPS) efforts to ensure the security of Federal Parent Locator Service systems that transmit, store and process FPLS information and confidential child support program information.
TR 22-010 Authorizing the Principal Chief to submit a U.S. Department of the Treasury State Small Business Credit Initiative Grant Application for the benefit of the MCN Department of Commerce. Rep. Golden sponsored the resolution, which was adopted 14-0.
The Nation has been informed on the availability of grant funding from the U.S. Department of the Treasury for the State Small Business Crest Initiative. MCN is in need of this funding for small businesses and investment programs. Present budget controls within the Executive Branch would be applied to the MCN Department State Small Business Credit Initiative Grant.
The grant funds of in the amount of $18,971,288 will provide funding for small businesses and investment programs.
TR 22-011 Authorizing the Principal Chief to execute a Memorandum of Agreement with Okfuskee County for improvements to Creek Chapel Church Road and Springfield Church Road. Rep. Charles McHenry sponsored the resolution, which was adopted 14-0.
The Nation and Okfuskee County desire to enter into an agreement for two different road projects. The Creek Chapel Road Project will consist of placing gravel and grading the county roadway for six miles at an estimated cost of $450,000. The Springfield Church Road Project consists of placing gravel and grading the county roadway for two miles at an estimated cost of $200,000. The MCN Transportation Program will fund the projects.
TR 22-012 Authorizing the Principal Chief to apply for Federal Funding through the Federal Highway Administration to fund six replacement bridges within the MCN. Rep. McHenry sponsored the resolution, which was adopted 14-0.
The MCN Transportation Department desires to request federal construction funds for these bridge projects in the following amounts: Bridge Number 07248 in Okmulgee County ($980,000), Bridge Number 01211 in Okmulgee County ($1,000,000), Bridge Number 05085 in Okmulgee County ($870,000), Bridge Number 11031 in Okmulgee County ($900,000), Bridge Number 06526 in Okfuskee County ($1,000,000), and Bridge Number 02286 ($1,000.000) Total funding requested is $5,750,000 through the Federal Highway Administration.
TR 22-013 Authorizing the Principal Chief to execute a Memorandum of Agreement with McIntosh County for improvements to Grave Creek Church Road. Rep. Galen Cloud sponsored the resolution, which was adopted 14-0.
The Nation and McIntosh County desire to enter an agreement for the Grave Creek Road Project. The project will include placing gravel and grading the roadway for .8 miles at an estimated cost of $130,000.
TR 22-014 Authorizing the Principal Chief to execute a Memorandum of Understanding with McIntosh County, for the maintenance of roadways and associated rights-of way constructed or improved by the MCN Transportation Program. Rep. Galen Cloud sponsored the resolution, which was adopted 14-0.
The Nation and McIntosh Co. memorialize their understanding that should the Nation construct the Tribal Transportation Program Routes, the county agrees to maintain such routes and rights-of way.
TR 22-015 Approving update of the MCN Long Range Transportation Plan with the addition of routes listed as attachment “A” – MCN NTTFI 2022. Rep. McHenry sponsored the resolution, which was adopted 14-0.
The MCN completed and adopted a Long Range Transportation Plan in accordance with 25 CFR Part 170 – Tribal Transportation Program. New routes have been identified within the Nation’s reservation that the Nation intends to add to inventory.
TR 22-016 Supporting the addition of New Routes, as Identified in attachment “A” – MCN NTTFI 2022, to the Nation’s existing Tribal Transportation Facility Inventory and requesting the Bureau of Indian Affairs add these new routes the Nation’s National Tribal Transportation Facility Inventory. Rep. Charles McHenry sponsored the resolution, which was adopted 14-0.
New routes have been identified within the Nation’s reservation and are eligible for inclusion in the Nation’s National Tribal Transportation Facility Inventory.
TR 22-017 Approving the construction contract with MASKA Builders, LLC for construction of a Public Education Facility and Lecture Hall located on the College of the Muscogee Nation campus. Rep. Marshall sponsored the resolution, which was adopted 14-0.
The United States Department of Housing and Urban Development awarded funds for building. Maska Builders, LLC is the successful bidder for the construction of the Public Education Facility and Lecture Hall for the CMN.
TR 22-019 Authorizing the Principal Chief to execute a revised offer to purchase agreement with the Oklahoma Transportation Commission for Surplus Access Rights for the College of the Muscogee Nation and to accept a partial reinstatement of access rights. Rep. Marshall sponsored the resolution, which was adopted 14-0.
The College has been presented with an opportunity from the Oklahoma Transportation Commission to purchase surplus access rights that will continue to allow access to the College directly from Loop 56.
The purchase agreement must be approved by the National Council, the cost to purchase the surplus access right is $36,500.00 and CMN has funds to pay ten percent $3,650.00 0f the cost and the Nation will pay the remaining $32,850.00.
TR 22-020 Authorizing the Principal Chief to execute a Real Estate Contract and Related Documents for the purchase of property in McIntosh County, Oklahoma. Representative Randall Hicks sponsored the resolution, which was adopted 14-0.
The GOAB has been presented an opportunity to purchase real estate property within with the intention to utilize such property for construction of a new gaming facility.
TR 22-021 Approving and authorizing the Third Amendment to Trademark Sub-license Agreement between Margaritaville of Oklahoma, LLC and MCN. Rep. Randall Hicks sponsored the resolution, which was adopted 14-0.
The purpose of the Third Amendment is to generally assume operations of the coffee shop, change the name and de-brand the coffee shop from Margaritaville.
NCA 22-001 Authorizing the expenditure of grant funds awarded from Casey Family Programs for the benefit of Children and Family Services Administration. Rep. Marshall sponsored the legislation, which was adopted in a 14-0 vote.
The Casey Family Programs grant in the amount of $90,000.00 awarded to the Children and Family Services Administration will provide support for children in foster care and for families in crisis due to the pandemic.
NCA 22-002 Authorizing the expenditure of grant funds awarded from the Southern Plains Tribal Health Board, Oklahoma Tribal Epidemiology Center as a pass-through entity to the Muscogee (Creek) Nation Department of Health improving Tribal Data Sharing Capacity. Rep. Marshall sponsored the legislation, which was adopted 14-0.
The Southern Plains Tribal Health Board grant in the amount of $65,000.00 will be used for the Muscogee (Creek) Nation Department of Health to improve tribal data sharing capacity.
NCA 22-003 Authorizing the expenditure of grant funds awarded from the U.S Department of Justice, Office of Justice Programs to the Muscogee (Creek) Nation Department of Health for the Comprehensive Opioid, Stimulant and Substance Abuse site-based program. Rep. Marshall sponsored the legislation, which was adopted 14-0.
The U.S. Department of Justice, Office of Justice Programs grant in the amount of $600,000.00 will be used for the Muscogee (Creek) Nation Department of Health Comprehensive Opioid, Stimulant and Substance Abuse site-based program.
NCA 22-004 Authorizing acceptance and expenditure of grant funds from the Office of Justice Programs Smart Prosecution-Innovative Prosecution Solutions Benefitting the Office of the Attorney General. Rep. Mark Randolph sponsored the legislation, which was adopted in a 14-0 vote.
The MCN Office of Attorney General is in receipt of grant funds from the U.S. Department of Justice Office of Justice Programs in the amount of $183,864. This act will accept and expend those funds.
Acting Attorney General Kyle Haskins claims the grant will allow the staff at the Office of the Attorney General to receive training, support, and resources.
NCA 22-005 Authorizing the expenditure of the District Attorney’s Council 2021 JAG-LLE Grant award for the benefit of the MCN Lighthorse Police Department. Rep. Randolph sponsored the legislation, which was adopted 14-0.
The grant funds in the amount of $9,038 will be used to purchase five Microsoft Surface Pros, five UAG Rugged Cases and five Microsoft Surface Pro X Keyboards with trackpads.
NCA 22-006 Amending MCNCA Title 24, 2-102.D Entitled Housing Division. Rep. McHenry sponsored the legislation, which was adopted 14-0.
Reports shall be made to the LNC Committee instead of the HEW Committee. Day to day operations funding changed from $170,000 to $250,000.
NCA 22-007 Authorizing the expenditure of the American Rescue Plan Act Fiscal Recovery funding for the benefit of the Division of Agriculture and Natural Resources Program. Rep. Randolph sponsored the legislation, which was adopted 14-0.
The American Rescue Plan Act awarded the Nation funds of $424,351,068.50 to assist with the issues regarding the COVID-19 pandemic, to support economic stabilization and to provide for long-term resiliency.
The Division of Agriculture and Natural Resources is seeking support for the expansion of the programs to diversify economic stability, reduce the incidence of food security, provide educational opportunities and develop infrastructure to navigate irregularities in the food supply.
NCA 22-008 Authorizing an appropriation for the purchase of Surplus Access Rights from the Oklahoma Transportation Commission for the College of the Muscogee Nation. Rep. Marshall sponsored the legislation, which was adopted 14-0.
The purchase agreement must be approved by the National Council, the cost to purchase the surplus access right is $36,500.00 and CMN has funds to pay ten percent $3,650.00 0f the cost and the Nation will pay the remaining $32,850.00.
The purchase will allow the CMN to obtain a Quitclaim Deed documenting its access rights to the CMN campus.
The Quarterly Session can be watched on video at: www.mcnnc.com.