OKMULGEE, Oklahoma – A Muscogee (Creek) Nation National Council Quarterly Session was held on July 30 at the Mound Building.
The National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
NCR 22-010 – Adopting the rules of procedures of the National Council. Representative Robert Huft sponsored the bill, co-sponsored by Representative Nelson Harjo Sr., Representative Joseph Hicks, Representative Randall Hicks, Representative Thomasine Yahola Osborne, Representative Darrell Proctor, and Representative Mark Randolph. It was unanimously voted to be postponed until the Aug 27 Regular Session 15-0.
With the enactment of the resolution, all previous resolutions that conflict with any part would be repealed.
TR 22-106 – Authorizing the Principal Chief to execute an access agreement between the City of Oxford and the Muscogee (Creek) Nation Choccolocco Park. Rep. Harjo Sr. sponsored the bill, which was adopted unanimously 15-0.
The bill would prevent further disturbances and provide MCN access to certain areas of the park in a mutually agreeable location, approximately the size of one half-acre.
TR 22-107 Authorizing the Principal Chief to execute a memorandum of agreement with the Etowah Museum, Inc. for the creation of a museum and ancestral cultural center. Rep. Harjo Sr. sponsored the bill, and Representative Galen Cloud co-sponsored, which was adopted unanimously 15-0.
MCN will support and assist EMI in soliciting funding through letters of support, content development, and relevant Congress Members to advance the project and take the lead on private foundations or federal grants.
TR 22-108 Authorizing the Principal Chief to execute an archaeology collections care and trust agreement with the Mississippi Department of Archives & History. Rep. Harjo Sr. sponsored the bill, and Rep. Cloud co-sponsored, which was adopted unanimously 15-0.
The agreement would allow the Mississippi Department of Archives & History to transfer a Ceramic Vessel from St. Catherine’s Creek in Natchez near Grand Village. The Natchez were part of the Creek Confederacy and have ties to the Nation today.
TR 22-109 Authorizing the Principal Chief to execute a memorandum of agreement among the federal emergency management agency, Mississippi Department of Archives and History – Museum Division, Mississippi State Historic Preservation Officer, Mississippi Emergency Management Agency, The Chickasaw Nation, The Choctaw Nation of Oklahoma, the Mississippi Band of Choctaw Indians and the Muscogee (Creek) Nation regarding the repair of Winterville Mound Complex – Mound A (Site 22Ws500), Washington County, Mississippi. Rep. Harjo Sr. sponsored the bill, co-sponsored by Rep. Cloud, which was adopted unanimously 15-0.
Tr 22-111 Confirming the nomination of Sara Barnett-Nsakashalo to serve on the Muscogee (Creek) Nation Election Board. Rep. Hufft sponsored the bill, which was adopted unanimously 15-0.
Principal Chief David Hill nominated Barnett-Nsakashalo to serve on the election board. Her term will begin upon confirmation and end on May 31, 2027.
TR 22-113 Authorizing the Department of Community & Human Services to participate in a Nation-wide Elder needs assessment in order to apply for a Title VI Grant to fund the Nation’s Elderly Nutrition Program. Rep. Hufft sponsored the bill, which was adopted unanimously 15-0.
The funds for the program are received through the Federal Administration on Aging. An “Identifying Our Needs: A Survey of Elders” assessment will be dispensed to assess health and social needs.
TR 22-114 Authorizing the Principal Chief to execute a memorandum of agreement with Okmulgee County, Oklahoma, for Improvements to a county road. Rep. Harjo Sr. sponsored the bill, which was adopted unanimously 15-0.
The road in question is the Old Morris Highway Box Culvert Project, which includes replacing a flood-damaged box culvert on a County Road known as NTTFI Route 146F. The estimated cost is $55,000.00 and will be funded with federal funding from the Nation’s Tribal Transportation Program.
TR 22-115 Authorizing the Principal Chief to execute a memorandum of agreement with Okfuskee County, Oklahoma, for improvements to a county road. Rep. Harjo Sr. sponsored the bill, which was adopted unanimously 15-0.
The road in question is the Greenleaf Church Road Bridge Project, which includes replacing a flood-damaged bridge on a County Road known as NTTFI Route 1318. The estimated project cost is $500,000.00 and will be funded through the Nation’s Tribal Transportation Program federal funding.
TR 22-116 Authorizing the Principal Chief to execute a memorandum of agreement with Okfuskee County for the Tallahassee Road Box Culvert Project. The bill was sponsored by Rep. Harjo Sr., which was adopted unanimously 15-0.
The project (NTTFI Routes 1355) will cost an estimated $600,000.00 and be paid through the Nation’s Tribal Transportation Program Federal Funding.
TR 22-117 Authorizing the construction of a new bus barn for the Tulsa Head Start Center. Representative Charles McHenry sponsored the bill, which was adopted unanimously 15-0.
The proposed building will be approximately 2130 square feet with room for three buses, a storage area, and a work area consistent with the proposed schematic design and budget. The estimated cost of the bus barn is $372,580.00. The building will be located directly south of the Tulsa Head Start Center.
TR 22-118 Authorizing the asphalt maintenance overlay project for the Elders Road and the Muscogee (Creek) Nation Housing Building Parking Lot. The bill was sponsored by Rep. McHenry, which was adopted unanimously 15-0.
Elders Road (RT 1486) and the MCN Housing Building Parking Lot (RT 1421) were identified as needing asphalt maintenance overlay. The project will use federal funds from the Nation’s Tribal Transportation Program. The estimated combined cost for both asphalt overlay projects is $623,000.00.
TR 22-120 Confirming the nomination of Shane Holuby to serve as tribal administrator of the Muscogee (Creek) Nation. The bill was sponsored by Rep. Randolph and co-sponsored by Rep. Randall Hicks. It was adopted with a vote of 14-1.
Principal Chief Hill nominated Holuby. His term will begin upon confirmation and end concurrently with the term of the current Principal Chief.
TR 22-121 Confirming the nomination of Mary Mashunkashey as the Tax Commissioner of the Muscogee (Creek) Nation. The bill was sponsored by Rep. Randolph, which was adopted with a vote of 10-5.
Principal Chief Hill nominated Mashunkashey. Her term will begin upon confirmation and end concurrently with the term of the current Principal Chief.
TR 22-122 Authorizing the Executive Branch to prepare and submit grant applications to federal and state governmental agencies and private foundations for both FY 2023 and FY 2024 and authorizing the Principal Chief to execute all necessary grant documents. Rep. Randolph sponsored the bill, which was adopted unanimously 15-0.
Grants will be used to obtain funding for special projects that enhance the delivery of services to citizens of the Nation.
TR 22-123 Allowing the Principal Chief to execute grant awards and cooperative agreements with general terms and conditions for fiscal years 2023 and 2024. Rep. Randolph sponsored the bill, which was adopted unanimously 15-0.
The United States Government requires all federally funded awards to adhere to the Uniform Administrative Requirements, Cost Principals, and Audit Requirements upon acceptance of the award, which requires a waiver of MCN’s sovereign immunity.
TR 22-124 Confirming the nomination of Tim Wheeler to serve on the Mvskoke Loan Fund Board. The bill was sponsored by Rep. Randolph, which was adopted with a vote of 13-2.
Principal Chief Hill nominated Wheeler. Wheeler’s term will begin upon confirmation and expire three years from the confirmation date.
TR 22-125 Authorizing the submittal of a letter of declaration with the federal aviation administration for the benefit of the Muscogee (Creek) Nation Lighthorse Police Department. Rep. Randolph sponsored the bill, which was adopted unanimously 15-0.
The submitted letter of declaration will allow MCN Lighthorse Police to operate an Unmanned Aerial System (UAS) that will assist the department with its daily duties and operations. It will be piloted by a Public Aircraft Operator (PAO).
TR 22-126 Confirming the nomination of Matt Dumond to serve on the Mvskoke Loan Board. The bill was sponsored by Rep. Randolph and was adopted with a vote of 14-1.
Dumond was nominated under MCNCA Title 17 § 9-102, A. entitled “Membership and Appointment.” His term will begin upon confirmation and expire three years from the confirmation date.
TR 22-129 Authorizing the lease agreement, advance addendum, wide area network services addendum for Bally Wap Games, and addendum for IGT’s Native American Progressive System with Platinum Gaming Ventures, LLC (“GCG”). The bill was sponsored by Rep. Randall Hicks and was adopted unanimously with a vote of 15-0.
The 60-month agreement will allow Muscogee Nation Gaming Enterprises (MNGE) to use gaming equipment, software, and services provided by Bally Wap Games.
TR 22-130 Authorizing the Muscogee Nation Gaming Enterprises, LLC (MNGE) to deposit additional funds in the Muscogee Creek Nation Casinos Insurance Reserve Fund. Rep. Randall Hicks sponsored the bill, and it was unanimously adopted 15-0.
The National Council will deposit funds in the amount of $10M in the MCNC Insurance Reserve Fund. The need for the additional funds comes from the temporary closure of River Spirit in 2019 due to flood damage and the temporary closure in 2020 due to the COVID-19 Pandemic.
TR 22-131 Authorizing the Principal Chief to execute a United States Department of Agriculture Food and Nutrition Service Supplemental Nutrition Assistance Program Electronic Application for the Muscogee (Creek) Nation Looped Square Retail Store. The bill was sponsored by Rep. Cloud and was unanimously adopted 15-0.
The application will release MCN’s tax records on the Food and Nutrition Service, agree that violations can result in penalties, agree that legal violations can deny participation, and false statements can be subject to fines or imprisonment.
TR 22-132 Authorizing the execution of a release and waiver of liability, assumption of risk, and indemnity agreement with 555 Fitness. The bill was sponsored by Rep. Randall Hicks, which was adopted unanimously 15-0.
The agreement requires the Nation to assume full responsibility for the risk of bodily injury, death, or property damage arising from using 555 Fitness equipment.
NCA 22-059 A law of the Muscogee (Creek) Nation amending MCNCA Title 37, Chapter 3, Subchapter 8, entitled “Drug-Free Workplace” and creating new subsection § 3-813 entitled “Medical Marijuana License Holder Protection and Non-Discrimination.” The bill was sponsored by Rep. Randolph, which was adopted with a vote of 14-1.
The bill redefines medical marijuana as an exception to the use of banned controlled substances by MCN employees. An employee who the Oklahoma State Department of Health issues a medical marijuana License will not stand grounds for disciplinary action. (Except for employees whose jobs are safety-sensitive or whose primary job function is driving) Employees are still prohibited from using, possessing, or being under the influence of medical marijuana during work hours.
NCA 22-081 A law of the Muscogee (Creek) Nation authorizing a budget modification to transfer funds from the skilled nursing facility and the long-term acute care hospital to the Muscogee (Creek) Nation medical center FY 2022 Budget on behalf of the Muscogee (Creek) Nation Department of Health. The bill was sponsored by Rep. Anna Marshall and was unanimously adopted 15-0.
The budget modification will transfer $2,901,962.18 from the Skilled Nursing Facility (SNF) and the Long Term Acute Care Hospital (LTACH) to the MCN Medical Center.
NCA 22-082 A law of the Muscogee (Creek) Nation authorizing an appropriation for constructing a bus barn for the Tulsa Head Start Center. The bill was sponsored by Rep. McHenry, which was adopted unanimously 15-0.
The total project cost to construct the bus barn is $372,580.00. The barn’s construction ensures its buses and other equipment are not susceptible to vandalism or theft.
NCA 22-083 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds awarded from the U.S Department of the Treasury for the benefit of the Muscogee (Creek) Nation Department of Housing. The bill was sponsored by Rep. Joseph Hicks, which was adopted unanimously 15-0.
MCN was awarded grant money of $12,346,147.00 to respond to the effects of the COVID-19 Pandemic. The grant will assist MCN Citizens under the 150% medium income with mortgage payments, utilities, and property taxes.
NCA 22-087 A law of the Muscogee (Creek) Nation authorizing the creation of MCNCA Title 14, Chapter 1, Subchapter 11 entitled “Insanity of Accused; Determination of Competence.” The bill was sponsored by Representative Sandra Golden and unanimously adopted 15-0.
The law will adequately address competency issues in criminal cases and develop parameters for determining whether a person arrested or charged can understand the nature of the charges and proceedings brought against them to effectively or rationally assist in their defense.
NCA 22-088 A law of the Muscogee (Creek) Nation amending MCNCA Title 35, Chapter 12, entitled “Donations.” Rep. Randolph sponsored the bill, and it was unanimously voted to postpone until the Aug. 27 Regular Session 15-0.
If adopted, the law would change guidelines on donations to political candidates.
NCA 22-089 A law of the Muscogee (Creek) Nation creating new law by establishing “Government Relations” in MCNCA Title 25, Chapter 6 and appropriating funds for the remainder of the fiscal year 2022. The bill was sponsored by Rep. Randolph, which was unanimously voted to postpone until the Aug 27 Regular Session 15-0.
The law would establish Government Relations with the Secretary of the Nation and Commerce if adopted. It would sustain a more effective way to communicate and donate to political candidates due to the importance of the Nation being represented in all local, state, and federal agencies. It would also provide a more efficient process to donate to political campaigns.
NCA 22-090 A law of the Muscogee (Creek) Nation approving and authorizing the Principal Chief to execute and file articles of organization with the office of the Secretary of the Nation to form “Muscogee Nation Business Holdings, LLC” under the Muscogee (Creek) Nation Limited Liability Company Act and approving the operating agreement for “Muscogee Nation Business Holdings, LLC.” The bill was sponsored by Rep. Randall Hicks and was unanimously adopted 15-0.
The creation of the holding company is to allow Muscogee Nation Gaming Enterprises the opportunity to create other gaming-related economic development entities.
The meeting, agenda, and full legislation can be viewed at www.mcnnc.com.
