MVSKOKE RESERVATION – The Muscogee (Creek) Nation National Council held a regular session in person on Oct 28.
The MCN National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 23-101 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a legal services contract between the Muscogee (Creek) Nation Reintegration Department and Cody Minyard, Attorney at Law, PLLC was adopted with a vote of 15-0. It was sponsored by Representative Robert Hufft.
According to the bill, the MCN Reintegration Department has chosen Cody Minyard Attorney at Law, PLLC for the purpose of securing legal services at their office. In order for Minyard to provide these services, the Nation has prepared a contract within their terms.
TR 23-102 a tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a publishing agreement between the Muscogee (Creek) Nation and Springer Nature for publication of author’s contributions in a collected work provisionally titled “Covid-19 in Indian Country,” was adopted with a vote of 9-6. Representatives Joyce Deer, Sandra Golden, Randall Hicks, Charles McHenry, Thomasine Yahola Osborn and Mark Randolf voted no. It was sponsored by Representative Galen Cloud.
As covered previously, this resolution involves the publishing of research conducted by the MCN Cultural Preservation Department. The publishing agreement entails a limited waiver of the MCN’s sovereign immunity from suit by Springer Nature Publishing. Springer is an international publishing house based in Switzerland that focuses on research and science.
During discussion, Representative Golden commented that MCN Sovereignty should not be waived, stating, “I feel that if we are going to give them our story then they should be willing to accept our sovereign immunity.”
Representative Mark Randolf stated, “If there’s nothing in it for the nation, and they want us to… our sovereignty, then I can’t support it either.”
MCN National Council Attorney Kyle Haskins was asked to comment. He stated, “…there is just no circumstance that I can recommend to the National Council to waiver sovereignty. Just don’t do that. But what I think you can do in your analysis in deciding if you are going to do that is analyze risk. If we are going to end up in litigation are we willing to go to a different country to either defend litigation? It’s a costly process. But as I recall from the original contract we control our content. We can’t control whatever content anybody else puts in the book, but as for the chapter that we have, we’re in absolute control of what goes in that document. So, that’s one thing to consider. Another thing to consider is if anything goes back to the Nation and I know the historian of the Nation was arguing very strongly and was very passionate about the fact that this was a way of preserving those stories for the future. But for all legal contexts…there is just no circumstance where I can look you all in the eye and tell you that we should waive sovereignty in any agreement but you have to weigh the possibility of litigation and it’s very unlikely.”
TR 23-103 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a separate memorandum of understanding with nine Oklahoma cities for the maintenance of roadways and associated rights-of-way constructed or improved by the Muscogee (Creek) Nation Tribal Transportation Program was adopted with a vote of 15-0. It was sponsored by Representative Joseph Hicks.
TR 23-104 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a separate memorandum of understanding with six Oklahoma counties for the maintenance of roadways and associated rights-of-way constructed or improved by the Muscogee (Creek) Nation Tribal Transportation Program was adopted with a vote of 15-0. It was sponsored by Rep. McHenry.
TR 23-105 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a separate memorandum of understanding with three Oklahoma schools for the maintenance of parking lots and associated rights-of-way constructed or improved by the Muscogee (Creek) Nation Tribal Transportation Program was adopted with a vote of 15-0. It was sponsored by Rep. Cloud.
TR 23-106 A tribal resolution of the Muscogee (Creek) Nation approving the update of the Muscogee (Creek) Nation Long Range Transportation plan with the addition of the routes listed as Attachment “A” – MCN NTTF 2024 was adopted with a vote of 15-0. It was sponsored by Rep. McHenry.
TR 23-107 A tribal resolution of the Muscogee (Creek) Nation supporting the addition of new routes, as identified in Attachment “A” – MCN NTTF 2024, to the Nation’s existing National Tribal Transportation Facility Inventory and requesting the Bureau of Indian Affairs add these new routes to the Nation’s National Tribal Transportation Facility Inventory was adopted with a vote of 15-0. It was sponsored by Rep. Joseph Hicks.
TR 23-108 A tribal resolution of the Muscogee (Creek) Nation authorizing the Principal Chief to execute a legal services contract between the Muscogee (Creek) Nation and Kanji & Katzen P.L.L.C. was adopted with a vote of 15-0. It was sponsored by Rep. Randall Hicks.
TR 23-109 A tribal resolution of the Muscogee (Creek) Nation establishing tribal membership in the National Congress of American Indians was adopted with a vote of 15-0. It was sponsored by Speaker William Lowe.
TR 23-111 A tribal resolution of the Muscogee (Creek) Nation approving and authorizing the MNGE Board of Directors to execute the Gaming Industry Tip Compliance Agreement with the Internal Revenue Service was adopted with a vote of 15-0. It was sponsored by Rep. Randall Hicks.
TR 23-112 A tribal resolution of the Muscogee (Creek) Nation supporting the nomination of Sandra Golden to serve as the Recording Secretary of the National Congress of American Indians (NCAI) Administrative Board was adopted with a vote of 15-0. It was sponsored by Rep. Randolph.
NCA 23-116 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds in the amount of $1,040,000 awarded from the Department of Health and Human Services, Centers for Disease Control (CDC) and Prevention, Strengthening Public Health Systems in Indian Country Grant was adopted with a vote of 15-0. It was sponsored by Representative Mary Crawford.
NCA 23-117 A law of the Muscogee (Creek) Nation authorizing the expenditure of FY 2023 grant funds in the amount of $946,466. awarded from the U.S. Department of Justice, Office for Victims of Crime for the benefit of the Family Violence Prevention Program was adopted with a vote of 15-0. It was sponsored by Rep Crawford.
NCA 23-118 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds in the amount of $3,048,161 awarded from the U.S. Department of Justice, Office for Victims of Crime for the benefit of the Family Violence Prevention Program was adopted with a vote of 15-0. It was sponsored by Rep. Crawford.
NCA 23-119 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds awarded in the amount of $3,114,662 from the Administration for Children and Families Office of Family Assistance for the benefit of the Temporary Assistance for Needy Families (TANF) Program was adopted with a vote of 15-0. It was sponsored by Rep. Crawford.
NCA 23-120 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds awarded in the amount of $836,020 from the U.S. Department of the Interior Bureau of Indian Education for the benefit of the Eufaula Dormitory was adopted with a vote of 15-0. It was sponsored by Speaker Lowe.
NCA 23-121 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds in the amount of $400,000 awarded from the U.S. Environmental Protection Agency for the benefit of the Office of Environmental Services was adopted with a vote of 15-0. It was sponsored by Rep. Cloud.
NCA 23-122 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds awarded in the amount of $997,662 from the United States Department of the Interior for the benefit of the Office of Environmental Services was adopted with a vote of 15-0. It was sponsored by Rep. Joseph Hicks.
NCA 23-123 A law of the Muscogee (Creek) Nation amending MCNCA Title 38, Chapter 3 entitled “Tribal Driveways Program” was adopted with a vote of 15-0. It was sponsored by Rep. Cloud.
NCA 23-124 A law of the Muscogee (Creek) Nation authorizing the expenditure of the Department of Justice, Office of Justice Programs Support for Adam Walsh Act Implementation Grant Program in the amount of $372,528 for the benefit of the Lighthorse Police Department was adopted with a vote of 15-0. It was sponsored by Rep. Randall Hicks.
NCA 23-125 A law of the Muscogee (Creek) Nation authorizing a lawsuit to be filed in federal court in the name of the Muscogee (Creek) Nation seeking declaratory and injunctive relief against the City of Tulsa exercising unlawful jurisdiction within the boundaries of the Muscogee (Creek) Nation Reservation and appropriating funds for this action in the amount of $500,000 was adopted with a vote of 14-0. It was sponsored by Rep. Randall Hicks. Representative Osborn did not respond to the vote call.
During discussion, MCN Attorney General Wisner commented that the money would be used to pay and retain Kanji and Katsan to represent the nation in this lawsuit. She also commented that the lawsuit will be filed in federal court against the named individuals in the legislation as a result of the Hooper case involving the city of Tulsa. When asked what the MCN is trying to maintain she stated, “It’s what we are trying to enforce…Tulsa continues to ignore the 10th Circuit’s order.”
NCA 23-126 A law of the Muscogee (Creek) Nation authorizing the expenditure of funds in the amount of $899,537 for the benefit of the Muscogee (Creek) Nation’s Lighthorse Police Department for the U.S. Department of Justice, Office of Community Oriented Policing Services 2023 Cops Office Tribal Resources Grant Program – equipment and training was adopted with a vote of 14-0. It was sponsored by Rep. Randall Hicks. Rep. Osborn was absent from the vote.
NCA 23-127 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds in the amount of $2,300 awarded from the Internal Revenue Service for the benefit of the Office of the Secretary of the Nation was adopted with a vote of 14-0. It was sponsored by Rep. Randall Hicks. Rep. Osborn did not respond to the vote call.
NCA 23-128 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds in the amount of $15,000 awarded from the Internal Revenue Service Volunteer Income Tax Assistance Program for the benefit of the Office of the Secretary of the Nation was adopted with a vote of 15-0. It was sponsored by Rep. Randall Hicks.
NCA 23-129 A law of the Muscogee (Creek) Nation appropriating funds in the amount of $45,200 to the Muscogee (Creek) Nation Office of the Attorney General (AG) to host the Justice on the Reservation Conference event was postponed indefinitely. It was sponsored by Rep. Joseph Hicks.
AG Wisner requested $45,200 to host the event Feb. 26-27 at the River Spirit Casino and Resort in Tulsa, Okla. The conference would provide training to LHPD officers, investigators, cross-deputized agencies and prosecutors throughout the Mvskoke Reservation on best practices regarding child abuse and sexual assault cases.
Rep. Joseph Hicks made a motion to postpone indefinitely due to a new funding source. During discussion, MCN Secretary of the Nation Zachariah Harjo commented,
“This request is mostly easily fundable through self-governance appropriations. The Nation is in receipt of additional McGirt-related appropriations for this specific purpose of responding to McGirt. Because we received additional appropriations for our justice services, which I believe wholly encompasses both the AG’s offices, the courts, and Lighthorse, we have ample funding as is to be able to cover this type of request. My opinion would be a direct example that we can provide back to the DOJ and officials in Washington that this is the exact type of purpose that we need these funds and utilize them as a response to McGirt and in specificity related to the management of unique cases such as child-related incidents in our criminal justice system. For all those purposes I think the most fit funding source is self-governance and we already have legislative authority to appropriate and expend those funds.”
NCA 23-131 A law of the Muscogee (Creek) Nation authorizing the expenditure of grant funds in the amount of $1,524,678 awarded from the Department of Health and Human Services Administration for Children and Families for the benefit of the Center for Victim Services was adopted with a vote of 15-0. It was sponsored by Representative Anna Marshall.
NCA 23-132 A law of the Muscogee (Creek) Nation appropriating funds in the amount of $110,000.00 to the Office of the Attorney General to be used for a comprehensive update to the Muscogee (Creek) Nation Code Annotated Print and Electronic Version was adopted with a vote of 15-0. It was sponsored by Rep. Randolf.
During discussion, AG Wisner commented that the electronic version will be online within six to nine months, 12 months after that, she anticipates the publication of the code. She stated:
“…it is difficult to read and fully comprehend the Muscogee (Creek) Nation law and codes as they currently exist online on the Supreme Court website. The tribal code has been written, however any amendments or additions to our laws have been added on to each of our tribal titles but not fully integrated into the law as they should be. Not only that they have not fully been updated to reflect what it is, so it’s difficult to do any legal research and find out what the current law is… So, our first step will be to integrate the amending additional laws and find out where they go. One of my other processes in this will be to make recommendations for our moving forward on addressing laws in addition to our tribal laws. With each new resolution that becomes law it needs to be determined at that time where it’s going to go. We pass laws but we don’t say specifically where it needs to go, whether it needs to be traffic code, or the criminal code or any other code and where specifically it needs to go… So, finding an appropriate process to name each of our additional laws as they passed and where they go at the time will alleviate the accumulated mass that we’re having to deal with now. Our second step will be data processing… that is going to have to be retyped, a lot of it is. So, all of that will be all of the code, retyped to get it to a readable format to upload to the website. I am looking at places to publish our code in a hard-bound publication. In addition, what this will cover is we will publish pocket sized additions of our Muscogee (Creek) Nation Constitution… The pocket constitutions should be available outside of this building, outside the Chief’s office, anywhere our tribal members gather. I want to make our constitution available to them, not everyone has access to the internet. So a pocket-sized copy of our Creek Nation constitution… probably 5 to 10,000 copies so our tribal members will be informed and be ready with our own laws…”
NCA 23-148 A law of the Muscogee (Creek) Nation amending NCA 23-107 (a law of the Muscogee (Creek) Nation approving the comprehensive annual budget for fiscal year 2024 and providing for appropriations) was adopted with a vote of 15-0. It was sponsored by Rep. Osborn.
To view the full agenda, visit: mcnnc.com.
