OKMULGEE, Oklahoma – A Muscogee (Creek) Nation National Council Quarterly Session meeting was held in person and via teleconference on Jan. 28 at the Mound Building.
The National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 23-001 A MCN Tribal resolution supporting the addition of new routes, as identified in attachment “A” – MCN NTTFI 2023, to the Nation’s existing National Tribal Transportation Facility Inventory (NTTFI) and requesting the Bureau of Indian Affairs add these new routes to the Nation’s NTTFI. Representative Galen Cloud sponsored the legislation, which was adopted 14-0.
The MCN has existing routes on its NTTFI, and new routes have been identified within the Nation’s reservation. These new routes are eligible for inclusion in the NTTFI.
TR 23-002 A MCN Tribal resolution approving the update of the MCN Long Range Transportation Plan with the addition of the routes listed as attachment “A” – MCN NTTFI 2023. Rep. Cloud sponsored the legislation, which was adopted 14-0.
The MCN has completed and adopted a Long-Range Transportation Plan in accordance with 25 CFR Part 270 Regulations. New routes have been identified within the Nation’s reservation that the Nation intends to add to the Nation’s NTTFI. It is in the MCN’s best interests to utilize the Nation’s share of the Tribal Transportation Program (TTP) funds to assist the Nation with future road design, environmental, construction, maintenance, and planning costs.
TR 23-003 A MCN Tribal resolution authorizing the Principal Chief to execute a separate Memorandum of Understanding with eight Oklahoma counties for the maintenance of roadways and associated rights-of-way constructed or improved by the MN TTP. Rep. Cloud sponsored the legislation, which was adopted 14-0.
The Nation’s TTP has an inventory of proposed public roadways and associated rights-of-way located in Hughes, Wagoner, Okfuskee, McIntosh, Creek, Muskogee, Rogers, and Okmulgee counties.
The Nation and the above-listed counties in Oklahoma have memorialized their understanding that should the Nation construct TTP Routes in an aforementioned county, and each county agrees to maintain such routes and right-of-way. The Nation will enter into a separate Memorandum of Understanding with each county.
TR 23-004 A MCN Tribal resolution authorizing the Principal Chief to execute a separate Memorandum of Understanding with five Oklahoma Schools for the maintenance of parking lots and associated rights-of-way constructed or improved by the MCN TTP. Rep. Nelson Harjo Sr. sponsored the legislation adopted 14-0.
The Nation’s TTP has an inventory of proposed public parking lots and associated rights-of-way located at Paden, Okemah, Weleetka, Midway, and Wilson Schools.
The Nation and the above-mentioned Oklahoma schools have memorialized their understanding that should the Nation construct TTP Routes in a school as mentioned above, and each school agrees to maintain such routes and rights-of-way. The Nation will enter into a separate Memorandum of Understanding with each school.
TR 23-005 A MCN Tribal resolution authorizing the Principal Chief to execute a Memorandum of Understanding with the Oklahoma Department of Transportation for the maintenance of roadways and associated rights-of-way constructed or improved within Okfuskee County, Oklahoma, by the MN TTP. Rep. Charles McHenry sponsored the legislation, which was adopted 14-0.
The Nation’s TTP has funds available to improve various sections of roadways within Okfuskee County, Okla., that are owned and maintained by the ODOT. TTP has an inventory of proposed improvements to multiple areas of roadways within Okfuskee County that are owned and maintained by the ODOT and are an integral part of the road system serving tribal members.
The Nation and the ODOT, in the state of Oklahoma, have memorialized their understanding that should the Nation contribute to the improvement of a section of roadway within Okfuskee County, Okla., owned by ODOT, more specifically described as the improvement of a 1.5 mi. Department of Highway 48, and depicted on the attached map that the ownership and maintenance of the section of roadway shall continue to rest with the ODOT. The Nation will enter into a Memorandum of Understanding for the section of roadway depicted on the map.
TR 23-006 A MCN Tribal resolution authorizing the Principal Chief to execute a separate Memorandum of Understanding with four Oklahoma cities for the maintenance of roadways and associated rights-of-way constructed or improved by the MN TTP. Rep. McHenry sponsored the legislation, which was adopted 14-0.
The Nation’s TTP has an inventory of proposed public roadways and associated rights-of-way located in Okemah, Weleetka, Dewar, and Coweta cities.
The Nation and the above-listed cities have memorialized their understanding that should the Nation construct TTP Routes in the cities, each city agrees to maintain such routes and right-of-way. The Nation will enter into a separate Memorandum of Understanding with each city.
TR 23-007 A MCN Tribal resolution authorizing the Principal Chief to execute a separate Memorandum of Understanding with Okfuskee and Seminole counties for gravel road maintenance projects by the MN TTP. Rep. McHenry sponsored the legislation, which was adopted 14-0.
The Nation’s TTP has funds available to improve various public roadways designed as TTP Routes located in Okfuskee and Seminole counties in Okla.
The Nation’s TTP has an inventory of proposed public roadway projects in Okfuskee and Seminole counties.
The Nation and the above-listed counties have memorialized their understanding that the Nation should construct TTP Routes in the aforementioned county. Each county agrees to maintain such routes and right-of-way. The Nation will enter into a separate Memorandum of Understanding with each county.
TR 23-008 A MCN Tribal resolution amending TR 21-071 (A MCN Tribal resolution authorizing the Principal Chief to execute a Memorandum of Agreement between the Nation and the ODOT for a drainage improvement project located at U.S. Highway 75 and SH-56). Rep. McHenry sponsored the legislation, which was adopted 14-0.
There is a need to amend TR 21-071 to change the estimated project cost and funding source. The new estimated cost of the project is $3,278,568 and will be paid by the ARPA funding approved by NCA 22-069.
TR 23-009 A MCN Tribal Resolution authorizing the Principal Chief to execute a provider participation agreement with United Healthcare insurance company to benefit the MCN Dept. of Health. Rep. Robert Huft sponsored the legislation, which was adopted 14-0.
United healthcare insurance company provides coverage for certain citizens who receive healthcare services at MCNDH facilities. The MCNDH is eligible to recover certain costs associated with health services to tribal citizens covered under a United healthcare insurance plan.
TR 23- 010 A MCN Tribal resolution authorizing the Principal Chief to execute a Master Subscription Agreement and Data Processing Addendum with Brightly Software for the benefit of the MCN Department of Health. Rep. Hufft sponsored the legislation, which was adopted 14-0.
The MCN desires this agreement to improve workflow and security.
TR 23-011 A MCN Tribal resolution authorizing the Principal Chief to execute an Order Form and Master Agreement with Maven Clinic Co. for the benefit of the MCN Department of Health. Rep. Mary Crawford sponsored the legislation, which was adopted substitute 14-0.
The agreement provides virtual option appointments for expecting mothers and supportive fathers.
TR 23-012 A MCN Tribal resolution approving the early in-person voting sites for the 2023 Election Cycle. Rep. Anna Marshall sponsored the legislation, which was adopted 14-0.
The Election Board has determined four locations to serve as early voting sites: Eufaula Indian Community Center, Okmulgee Indian Community Center, Okemah Indian Community Center, and Tulsa Indian Community Center.
TR 23-013 A MCN Tribal resolution confirming the nomination of Patricia Kilian as a controller and the secretary of the treasury for the MCN. Rep. Randall Hicks sponsored the legislation, which was adopted 11-3.
The Principal Chief has nominated Patricia Kilian to serve as the Controller and the Secretary of Treasurer for the MCN, with a term beginning upon confirmation and ending concurrent with a term of the current Principal Chief.
TR 23-014 A MCN Tribal resolution authorizing the Principal Chief to submit a small, rural, and tribal body-worn camera program grant application for the benefit of the MCN Lighthorse Police Department. Rep. Thomasene Yahola-Osborn sponsored the legislation, which was adopted 12-2.
The MCN seeks funding for a Body-worn Camera project to enhance safety and improve interactions between officers and the public within the Tribal reservation. LHPD wishes to apply for the Small, Rural, and Tribal Body-Worn Camera Program, which is a grant that requires 1:1 matching funds over one year.
TR 23-015 A MCN Tribal resolution authorizing the Principal Chief to submit a grant application to the United States Department of agriculture for the benefit of the LHPD. Rep. Randolph sponsored the legislation, which was adopted 12-2.
LHPD needs to purchase one max prisoner transport van to transport high-risk prisoners detained to and from MCN District Court hearings.
TR 23-016 A MCN Tribal resolution confirming the nomination of Janet Maylen to serve on the Mvskoke Loan Fund Board. Rep. Randolph sponsored the legislation, which was adopted 14-0.
The MCN laws require confirmation of the National Council for an appointment to the Mvskoke Loan Fund Board.
TR 23-017 A MCN Tribal resolution authorizing the Muscogee Nation Gaming Enterprises, LLC (MNGE) to deposit additional funds in the MCN Casinos insurance reserve fund. Rep. Hicks sponsored the legislation, which was adopted 14-0.
Due to the COVID-19 pandemic, the MC in casinos shut down for several months in 2020. Before the pandemic, River Spirit Casino resort suffered from the historic 2019 flood of the Arkansas River. The total cost of the damages was $28.2 million, and insurance only covered $13.6 million. The insurance companies denied total claims in both instances and have been subject to litigation due to the lack of payment of all the claims. The Corps of Engineers indicated the flow rate for the Keystone Dam would increase from the current 205 CFCs flow to 270 CFCs flow within the next ten years, and the likelihood of another flood event will occur.
Through TR 21-123, the National Council created the MCN Casinos Insurance Reserve Fund to be proactive and help mitigate natural disasters such as the past flood and pandemic in response to the above. MNGE I was already deposited an increment amount of funds to help reduce costs and wishes to find the Insurance Reserve Fund with an additional $5 million and request National Council’s approval to do the same with gaming funds.
TR 23-018 A MCN Tribal resolution authorizing MNGE to deposit additional gaming funds in its Capital Expenditure Account for the Eufaula casino project. Rep. Hicks sponsored the legislation, which was adopted 14-0.
The MCN Casino – Eufaula is in the vicinity of six other competing casinos within a 1-hour drive. A gaming feasibility study shows the market analysis for a new casino and hotel in Eufaula would provide both superior visibility and access compared to the existing casino and boost current profits.
The Eufaula casino project was initially estimated to be $48-$49 million, of which the MNGE will ask the National Council to approve a withdrawal of $40 million at a future date when the legal documents are negotiated and in final form from the revolving line of credit from the BOK secured credit facilities approved by TR 18–117.
TR 23-019 A MCN Tribal resolution authorizing the Principal Chief to submit a Dept. of Energy, Office of Indian Energy Policy, and programs clean energy technology deployment on Tribal lands grant application for the benefit of the MCN Tribal Utility Authority. Rep. Crawford sponsored the legislation, which was adopted 14-0.
MCN seeks funding for installing a solar array at the Okemah Community Hospital. The grant aims to deploy clean energy-generating systems and energy-efficient measures for Tribal buildings.
NCA 23-001 A MCN law authorizing the expenditure of grant funds awarded from the U.S. Environmental Protection Agency for the benefit of the Geospatial Department. Rep. Cloud sponsored the legislation, which was adopted 14-0.
The bipartisan infrastructure law funding under the CERCLA Grant was awarded to the Geospatial Department to continue to review projects that address climate change and tribal environmental codes. The Geospatial Department was awarded the CERCLA section 128(a) State and Tribal Response Program Infrastructure Grant for $93,620. It was also awarded to contract with vendors to review Current and existing tribal environmental codes to assist in maintaining the framework for the MCN Brownfields Program.
Authorization from the National Council is required to expend grant funds necessary to administer the CERCLA Grant.
This act aims to authorize the expenditure of grant funds awarded from the U.S. Environmental Protection Agency to benefit the Geospatial Department.
NCA 23-002 Authorizing the expenditure of the American Rescue Plan Act (ARPA) fiscal year recovery funds for purchasing and creating a Mvskoke language video game. Rep. Galen Cloud sponsored, and Rep. Leonard Gouge and Huft co-sponsored the legislation, which was postponed 14-0.
ARPA funds of $3,700,000 are being mobilized for the Mvskoke Language Department to utilize in the language revitalization to create a video game if the whole Council approves.
NCA 23-003 Authorizing the expenditure of third-party funds to the MCN Department of Health for the operations, goods, and supplies for the council oak hotel Sponsor. Rep. Crawford sponsored the act, which was adopted 14-0.
The MCNDOH is receiving third-party funds with the NC approval needed to expend the funds of $518,980.
NCA 23-004 Authorizing the expenditure of the U.S. Department of Homeland Security FY 2021 Building Resilient Infrastructure and Communities Grant for the benefit of the Emergency Management Department. Rep. Crawford sponsored the act, which was adopted 14-0.
The funds of $58,128.32 will benefit the Storm Shelter Program.
NCA 23-005 Authorizing the expenditure of grant funds awarded from the National Indian Health Board for the benefit of the Eufaula dormitory Rep. Crawford sponsored the act, which was adopted 14-0.
The $11,468 will be used to purchase supplies for two isolation rooms and for COVID information posters to be distributed throughout the dormitory.
NCA 23-006 Authorizing the expenditure of grant funds awarded from the United States Department of Agriculture to benefit the Food Distribution Program. Rep. Crawford sponsored the act, which was adopted 14-0.
The grant funds of $4,375.00 will be used to create and disseminate culturally relevant nutrition education resources that can encourage American Indian/Alaskan Natives to learn essential nutrition, food safety, meal planning, and healthy living.
NCA 23-007 A MCN Law authorizing the expenditure of the Borealis Philanthropy Racial Equity in Journalism fund grant for the benefit of Mvskoke Media. Rep. Randolph sponsored the legislation, which was adopted 14-0.
The grant funds will be used for staff to attend training conferences, purchase nine iMacs, four iMac Studios, two iMac Studio Plus, a corner rounder, a high-capacity air assist jogger, a 24 TB Raid System, to enter into a contractual agreement with two producers to produce 12 religious and cultural episodes, and to enter into a contractual agreement with Hootsuite Social Management to oversee Mvskoke Media’s social accounts.
NCA 23-008 A MCN law repealing NCA 21-084 (A MCN law repealing MCNCA Title 16 Chapter 4 and creating new law in a new Title 50, entitled “Lighthorse Police,” and authorizing an appropriation for the Lighthorse commission) as amended by NCA 21-135. Rep. Yahola-Osborn sponsored the legislation, which failed 5-9.
NCA 23-009 A MCN law authorizing the expenditure of the American Rescue Plan (“ARPA”) funds to the MCNDH for the purchase of various services, land acquisition, and construction. Rep. Crawford sponsored the legislation, which was adopted 14-0.
The MCNDH is requesting a $10,300,000 expenditure for the various services, goods, and supplies to be used, among other things, for land acquisition and preparation for new construction.
For video of committee meetings, visit www.mcnnc.com.
