OKMULGEE, Okla.- On Aug. 24, the MCN National Council held an emergency session at 11 a.m. by teleconference. All passed legislation will go into effect.
The committee addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 23-087 A tribal resolution of the Muscogee (Creek) Nation authorizing the construction of a new stage located at the omniplex in Okmulgee, Okla. passed without opposition. It was sponsored by Speaker William Lowe.
According to MCNCA Title 28, any new construction must be approved by the council through a tribal resolution. Speaking during comments, MCN Emergency Management Director Bobby Howard was asked about the hazards of the current stage.
“One the size, two we keep replacing boards. When we built the stage, standard drillings weren’t in place, you know we’ve had people step and fall through the floor, to bring it up to international building code it would probably cost in excess of what we have now and the entertainers, they don’t like the stage. If you look up underneath it…you’ll see some of the support posts are actually landscape timbers, so you know the state is 20 years old and it really needs to go,” Howard said.
TR 23-088 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a Citizen Potawatomi Nation Cultural Heritage Center Long Room contract with the Citizen Potawatomi Nation for the 2023 Cultural Activities Day in the Shawnee area for Muscogee (Creek) citizens passed without opposition. It was sponsored by Representative Randall Hicks.
MCN wants to host a Cultural Activities Day in Shawnee for Muscogee (Creek) citizens at the Citizen Potawatomi Nation (CPN) Cultural Heritage Center. According to Article VI of the MCN Constitution, the MCNC must approve any agreement with a state, federal, or local government. The resolution also grants a limited waiver of the MCN’s sovereign immunity of suit in enforcement of the CPN contract. It also grants the principal chief authority to execute such agreements in the future with the CPN if they are substantially identical in nature.
TR 23-089 A tribal resolution of the Muscogee (Creek) Nation authorizing the principal chief to enter into a non-impairment agreement on behalf of the Nation with BOKF, NA dba Bank of Oklahoma, as administrative agent for various lenders, in relation to financing for the Muscogee Nation Gaming Enterprises, LLC (MNGE) passed with a vote of 13-2. It was sponsored by Rep. Randall Hicks.
This agreement pertains to non-impairment agreement in the refinancing of a BOK loan for MNGE in the amount of $225,000,000, with an additional $275,000,000. This gives MNGE access to competitive rates and a revolving line of credit used in the operations and development of the MCN’s gaming facilities. The non-impairment clause is designed to protect MCN tribal assets.
TR 23-090 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to enter into a novation agreement to transfer an existing interest rate swap agreement to Muscogee Nation Gaming Enterprises, LLC passed without opposition. It was sponsored by Rep. Randall Hicks
A novation agreement is the act of replacing a legitimate existing contract with a new contract, where the transfer is mutually agreed upon by both parties concerned. This resolution authorizes the principal chief to enter into an interest rate swap agreement between MNGE and BOK, transferring it from MCN to MNGE. It is a component of the refinancing agreement.
TR 23-091 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to submit a grant application to the Department of Housing and Urban Development (HUD) 2023 Indian Community Development block grant program for Indian Tribes and Alaska Native Villages for construction of a public facility Veterans Affairs (VA) service extension building passed without opposition. It was sponsored by Representative Joseph Hicks.
This resolution authorizes the principal chief to apply for existing federal HUD funding, specifically a grant program for Indian community development. The grant will go toward the construction of a VA service extension building. The total grant amount requested will be $1,452,205.33, with a leveraged match from the MCNC of $217,830.80.
TR 23-092 A tribal resolution of the Muscogee (Creek) Nation authorizing the principal chief to submit a grant application to the Department of Transportation for the FY 2023 Reconnecting Communities and Neighborhoods (RCN) program for construction of a federal roads/geospatial building passed without opposition. It was sponsored by Representative Joseph Hicks.
The nation will match $2,600,000 for a total of $5,200,000 to be used for the project.
TR 23-093 A tribal resolution of the Muscogee (Creek) Nation amending TR 22-159 (a tribal resolution of the Muscogee (Creek) Nation authorizing the extension of the Secretary of the Nation and Commerce to continue the operations of the Onefire Holding Company LLC) passed without opposition. It was sponsored by Representative Patrick Freeman Jr.
This resolution changes the name from secretary of the nation and commerce to secretary of commerce.
NCA 23-089 A law of the Muscogee (Creek) Nation authorizing an appropriation in the amount of $230,092.81 for the construction of a new stage located at the Omniplex in Okmulgee, Oklahoma was postponed with a unanimous vote until the Aug. 26 regular session. The vote was postponed to re-write the legislation, taking possible ARPA funding into consideration. It was sponsored by Speaker Lowe.
If passed, stage renovations would provide up-to-date production equipment for entertainers using the facilities throughout the year and during the annual Mvskoke Festival.
NCA 23-090 A law of the Muscogee (Creek) Nation authorizing the expenditure of ARPA funds received from the United States Department of the Treasury in the amount of $13,860.71 for the fiscal relief funding for the Department of Housing for the benefit of the Emergency Rental Assistance Program (ERAP) passed without opposition. It was sponsored by Speaker Lowe.
The MCN Department of Housing ERAP will utilize the ARPA funds for staffing contractors to provide temporary contractual labor.
NCA 23-091 A law of the Muscogee (Creek) Nation authorizing the expenditure of ARPA funding in the amount of $496,176.00 to the Muscogee (Creek) Nation Information Technology Department for assistance with Covid-19-related expenses was postponed indefinitely without opposition. It was sponsored by Speaker Lowe.
During discussion Zechariah Harjo stated, “… the recommendation that I would propose to council is to postpone this legislation for the time being. I was informed that the IT department went ahead and covered these expenses to their budget, but because this was a directly eligible ARPA expense… it’s possible we could send an amendment in so that they can recapture those funds, especially if they are tribal funds in nature, especially so that they could be reallocated elsewhere. That’s a consideration I would propose to council but it appeared that because of the urgency to cover this they went ahead and did this under their regular budget…if those were tribal funds utilized we could reclass those expenses since we haven’t closed out the 2022-2023 audit in any way, and we’re not finished with those reportings.”
NCA 23-092 A law of the Muscogee (Creek) Nation authorizing the expenditure of ARPA funds in the amount of $110,070 for the fiscal relief funding for the Muscogee (Creek) Nation Children and Family Services Administration passed with a vote of 14-1. Representative Joyce Deere voted no on the legislation. It was sponsored by Speaker Lowe.
The MCN Children and Family Services Administration will utilize the ARPA funds to offset the negative economic impacts by offering salaries to be at competitive market pay with the State of Oklahoma and other federally recognized tribes.
NCA 23-093 A law of the Muscogee (Creek) Nation authorizing the expenditure of ARPA funds in the amount of $296,650.72 for the fiscal relief funding for the Department of Commerce and the Secretary of the Nation to establish a Jenks office location passed with a vote of 14-1. Representative Sandra Golden voted no on the legislation. It was sponsored by Speaker Lowe.
According to the bill, the establishment of a new government office in Jenks will “address the negative economic harm experiences, realize historic partnership opportunities, increase the Nation’s footprint, economic impact and business opportunities within the greater Tulsa metropolitan statistical area.”
NCA 23-094 A law of the Muscogee (Creek) Nation authorizing the expenditure of ARPA funding in the amount of $33,000 to Muscogee (Creek) Nation GSA Fleet Department for assistance with Covid-19 mitigation and disinfection services passed without opposition. It was sponsored by Speaker Lowe. The legislation will allow the purchase of maintenance plan services through the end of 2026.
NCA 23-095 A law of the Muscogee (Creek) Nation amending NCA 13-200 (a law of the Muscogee (Creek) Nation approving and authorizing the Principal Chief to execute and file the articles of organization with the office of the secretary of the nation to form “Onefire Holding Company, LLC” under the Muscogee (Creek) Nation Limited Liability Company Act and approving the operating agreement for “Onefire Holding Company, LLC”) as amended by NCA 14-080 and NCA 14-178 and NCA 18-121, NCA 20- 007 and NCA 21-109 passed without opposition. It was sponsored by Rep. Freeman Jr.
NCA 23-096 A law of the Muscogee (Creek) Nation appropriating funds in the amount of $18,487 for the purchase and installation of five (5) new flag poles to be located at Treaty Park St. Augustine, Florida passed with a vote of 14-1. Representative Mary Crawford voted no on the legislation. It was sponsored by Speaker Lowe. The source of the funding was identified as interest on the permanent fund.
Treaty Park in St. Augustine, FL commemorates the signing of the Treaty of Moultrie Creek on September 18, 1823.
To view the meeting, mcnnc.com.