Morgan Taylor/Reporter
OKMULGEE, Oklahoma – The Muscogee (Creek) Nation National Council Regular Session was held Nov. 20 via teleconference.
The National Council addressed the following legislation, the interpretation of which is attributed to language in the bills:
TR 21-149 Authorizing the Principal Chief to execute a certain agreement between the Muscogee (Creek) Nation Department of Health and Waste Management of Oklahoma, Inc. on behalf of the Muscogee (Creek) Nation Department of Health. Representative James Jennings sponsored the resolution, which was adopted 15-0.
MCNDH desires to enter into an agreement with Waste Management of Oklahoma, Inc. to allow the MCNDH to access waste management services.
The agreement requires NC approval as it waives the Nation’s sovereign immunity from lawsuit, imposes an indemnification obligation upon the Nation and requires application of the laws of the State of Oklahoma.
TR 21-150 Authorizing the Principal Chief to execute a certain data use and reciprocal support agreement by the Muscogee (Creek) Nation Department of Health. Rep. Mary Crawford sponsored the resolution, which was adopted 15-0.
MCNDH desires to enter into Data Use and Reciprocal Support Agreement to allow the MCNDH to access electronic health exchange services.
The agreement requires NC approval as it waives the Nation’s sovereign immunity from lawsuit and requires application of the laws of the State of Virginia.
TR 21-151 Authorizing the Principal Chief to execute a certain agreement between the Muscogee (Creek) Nation Department of Health and California Mediterranean, LLC on behalf of the Muscogee (Creek) Nation Department of Health. Rep. Jennings sponsored the resolution, which was adopted 15-0. Rep.
MCNDH desires to enter into an agreement with California Mediterranean, LLC to allow the MCNDH to certain eHealth services as needed for the full implementation of the EPIC Electronic Health Record System.
The agreement requires NC approval as it waives the Nation’s sovereign immunity from lawsuit, imposes an indemnification obligation upon the Nation, and requires application of the laws of the State of California, and requires venue and jurisdiction for any disputes to be in the state and federal courts located in San Diego, California.
TR 21-152 Authorizing the Principal Chief to execute a certain agreement between the Muscogee (Creek) Nation Department of Health and Healthwise, Inc. on behalf of the Muscogee (Creek) Nation Department of Health. Rep. Crawford sponsored the resolution, which was adopted 15-0.
MCNDH desires to enter into an agreement with Healthwise, INC. to allow the MCNDH to access patient education services needed for the full implementation of the EPIC Health Record System.
The agreement requires NC approval as it waives the Nation’s sovereign immunity from lawsuit and requires application of the laws of the State of Delaware.
TR 21-153 Authorizing the Principal Chief to execute a memorandum of understanding between the Muscogee (Creek) Nation and the United States Attorney’s office for the Northern District of Oklahoma. Representative Robert Hufft sponsored the resolution, which was adopted 15-0.
The United States Department of Justice seeks to work with MCN by providing an Assistant United States Attorney to prosecute crimes occurring within the MCN Reservation in federal or tribal court.
The MCN Department of Justice will allow the Assistant United States Attorney use of the Office of the Attorney General offices, conference rooms and library facilities and equipment.
TR 21-154 Authorizing the Principal Chief to execute a memorandum of understanding between the Muscogee (Creek) Nation and the Executive Office for the United States Attorneys, the United States Attorney’s Office for the Northern District of Oklahoma, and Assistant United States Attorney Michael F. Harder for the purpose of supporting the Department of Justice efforts to keep tribal communities safe. Rep. Hufft sponsored the resolution, which was adopted 15-0.
U.S. DOJ seeks to work with MCN by providing an Assistant United States Attorney to prosecute crimes occurring within the MCN Reservation in federal or tribal court.
The MCN Department of Justice will allow the Assistant United States Attorney use of the Office of the Attorney General offices, conference rooms and library facilities and equipment.
TR 21-155 Authorizing the Principal Chief to execute a grant agreement with the Native American Agriculture Fund for the benefit of the Muscogee (Creek) Nation Natural Resource Conservation District. Representative Charles McHenry sponsored the resolution, which was adopted 15-0.
MCN Natural Resource Conservation District was awarded the 2021 Native American Agricultural Fund grant in the amount of $197,060.73.
The grant was awarded to provide educational and economic development resources aimed at improving the wealth skills of Native farmers and ranchers through the use of aquaponics by providing training and resources to help procure and operate their own aquaponics system.
TR 21-156 Authorizing the Principal Chief to execute a service agreement between the Muscogee (Creek) Nation and the Morris Police Department for the purpose of providing Geosafe Mobile Services to the Morris Police Department. Rep. William Lowe sponsored the resolution, which was adopted 15-0.
MCN is entering into a service agreement with Geosafe for the purpose of allowing users to view 911 call information.
Morris PD and the Nation have agreed in principle to an amount of reimbursement for providing the services up to fifteen units of Geosafe to the Morris PD.
TR 21-159 Confirming the nomination of Lisa Otipoby-Herbert to serve as the Chief Judge of the District Trial Court of the Muscogee (Creek) Nation. Rep. Hufft sponsored the resolution, which failed 10-5. Reps. James Jennings, Adam Jones III, Lucian Tiger III, Joyce Deere, Joseph Hicks voted against legislation.
The laws of the MCN require the appointment of a Chief Judge by the Principal Chief with confirmation by a 2/3 vote from the NC.
Upon confirmation of the full Council, Lisa Otipoby-Herbert will serve as the Chief Judge for the MCN Trial Court until December 31, 2027.
TR 21-160 Execute a Multiyear Funding Agreement between the Muscogee (Creek) Nation and the Department of Health and Human Services on behalf of the United States of America. Rep. Tiger sponsored the resolution, which was adopted 15-0.
The purpose of the Agreement is to set forth the programs, services, functions and activities and their associated resources, to be transferred to the MCN for the funding period of Oct. 1, 2021 through Sept. 30, 2024 and to identify any terms and conditions for implementation and of those in the Compact of 2002, pursuant to the Indian Self-Determination and Education Assistance Act.
NCA 21-113 Amending MCNCA Title 31 Chapter 3, Subchapter 10 entitled “Sexual Harassment Prohibited.” Rep. Thomasene Yahola Osborn sponsored the legislation, which was adopted 15-0.
This amendment shall be codified in Title 37, Chapter 3, Subchapter 10 of the Code of Laws of the Muscogee (Creek) Nation.
“Prohibition. Sexual Harassment is unlawful. The MCN does not tolerate Sexual Harassment in any form. Anyone found to have sexually harassed another person would be subject to a written apology and disciplinary action up to and/or including termination.
Sexual Harassment may include but is not restricted to using of one’s position of power/authority in the form of quid pro quo and other forms.”
NCA 21-117 Authorizing the expenditure of funds awarded from the Revenue received from the filming of the FX Series Reservation Dogs to the Muscogee (Creek) Nation Scholarship Foundation. Rep. Marshall sponsored the legislation, which was adopted 15-0.
The Nation’s Scholarship Foundation plans to establish the Sterlin Harjo Scholarship to work to enhance and expand the Nation’s ability to meet the educational needs of our citizens.
The scholarship of $10,000.00 pledged by Senior Vice President – Media Relations, FX Networks LLC, John Solberg will be initially funded through the revenue received from the filming of the FX Series, “Reservation Dogs.”
NCA 21-118 Authorizing the expenditure of the Department of Health and human services Administration for children and families American Rescue Plan Act of 2021 low-income household water assistance program funds for the benefit of the Muscogee (Creek) Nation Social Services Program. Rep. Crawford sponsored the legislation, which was adopted 15-0.
The Low-income Household Water Assistance Program of $5,503.00 will be used to provide operation funds for the program.
NCA 21-119 Authorizing the expenditure of grant funds awarded from the Health Resources and Services Administration to the Muscogee (Creek) Nation Department of Health. Rep. Crawford sponsored the legislation, which was adopted 15-0.
The MCNDH is in receipt of grant funds from the Health Resources and Services Administration in the amount of $126,605.00.
NCA 21-120 Amending MCNCA Title 11, subsection 3-204 entitled “Compliance for Distribution of CMD Funds.” Rep. Randall Hicks sponsored the legislation, which was adopted 15-0.
All items shall be submitted by email, certified mail or hand delivered to the MCN, Community Finance Officer and received by 5 p.m. on January 7, April 7, July 7 and October 7 of the fiscal year of the grant awarded.
NCA 21-121 Authorizing the expenditure of American Rescue Plan Act (“ARPA”) funds from the United States Department of the Treasury to provide subaward funding to Raising Native Hope. Rep. Lucian Tiger III sponsored the legislation, which failed 7-8. Reps. Deere, Hufft, Lowe, McHenry, Yahola Osborn, Proctor, Randolph and Scott voted against the legislation.
The MCN has received federal funds in the amount of $424,351,068.50 from the American Rescue Plan Act and Local Fiscal Recovery Fund to assist with the myriad of issues regarding the COVID-19 pandemic and support immediate stabilization for households and businesses.
Raising Native Hope is requesting financial assistance to establish a temporary live-in facility for homeless Muscogee (Creek) citizens and other Native Americans and transitioning them back into society as self-supportive individuals.
NCA 21-123 Amending MCNCA Title 36, Chapter 3, entitled “Motor Vehicle Tax and License Code.” Rep. Travis Scott sponsored the resolution, which failed 1-14. Rep. Scott voted for the legislation.
Rep. Tiger made a motion to go in to Executive Session before voting, motion passed 15-0. No action was taken during session.
Updating by adding handicapped placard, black tags and junk vehicles. Insurance and liabilities amounts have changed. Tax Commission wanted to add clan tags and designer tags.
The amendment would also allow Muscogee (Creek) citizens who reside outside the territorial jurisdiction of the MCN to be eligible to apply for registration of an eligible vehicle under this Chapter as a non0resident and by signing an acknowledgement form to be promulgated by the MCN Tax Commission affirming the status of the citizen as a non-resident.
NCA 21-124 Authorizing the expenditure of the 2021 Native American Agriculture Fund Grant for the benefit of the Mvskoke Loan Fund. Rep. Jones sponsored the resolution, which was adopted 14-0. Rep. Lowe was absent during vote.
The Mvskoke Loan Fund was awarded the 2021 Native American Agriculture Fund Grant in the amount of $200,000.00.
The funds will be used to provide the capital necessary for MLF to continue to provide services and resources necessary for Native farmers and ranchers to improve access to credit and successfully grow their agriculture and/or agribusiness.
NCA 21-125 Amending NCA 21-104 (A law of the Muscogee (Creek) Nation approving a continuing budget ordinance and providing for appropriations and authorization for expenditures for FY 2022) as amended by NCA 21-108. Rep. Hufft sponsored the resolution, which was adopted 14-0. Rep. Lowe was absent during vote.
The Nation is requesting funds for Murrow Indian Children’s Home, Lighthorse Contractual line item, Tax Commission and debt services are needing 100% of funding that was approved in FY 2021.
Section 3-102 under Tribal Funds changes made from 50% to 100% of the FY 2022, Murrow Indian Children’s Home shall be funded at 100% and the Debt Service shall be funded at 100%.
Lighthorse Police Department contractual line item, Tax Commission and the National Council shall be funded at 100% of the FY 2021 approved Comprehensive Annual Budget.
NCA 21-126 Authorizing an appropriation to the Muscogee (Creek) Nation Lighthorse Police Department for jail fees. Rep. Hufft sponsored the resolution, which was adopted 14-0. Rep. Lowe was absent during vote.
The Lighthorse Police Department is requesting an appropriation in the amount of $627,000.00 for the remaining August and September jail invoices.
NCA 21-127 Authorizing the expenditure of funds from the United States Bureau of Justice Assistance for the FY 2022 Special Assistance United States Attorney Program fund grant to the Muscogee (Creek) Nation Department of Justice. Rep. Hufft sponsored the resolution, which was adopted 14-0. Rep. Lowe was absent during vote.
The MCN Department of Justice has applied for funds from the Bureau of Justice Assistance in the amount of $500,000.00.
The grant funds will be used to hire a prosecutor that will be cross designated as a tribal Special Assistance United States Attorney to enhance the capacity of the MCN in cases associated with the McGirt v. Oklahoma decision.
NCA 21-128 Authorizing the expenditure of the 2021 Native American Agricultural Fund grant for the benefit of the MCN Natural Resource Conservation District. Rep. McHenry sponsored the legislation, which was adopted 15-0.
MCN Natural Resource Conservation District was awarded the 2021 Native American Agricultural Fund grant in the amount of $199, 305.57. The grant funds will be used to improve access to capital by providing grants to beginning farmers and ranchers.
NCA 21-129 Authorizing the expenditure of the 2021 Native American Agricultural Fund grant for the benefit of the MCN Natural Resource Conservation District. Representative Charles McHenry sponsors this legislation, which was adopted 15-0 vote.
MCN Natural Resource Conservation District was awarded the 2021 Native American Agricultural Fund grant in the amount of $197,060.73.
The grant was awarded to provide educational and economic development resources aimed at improving the wealth skills of Native farmers and ranchers through the use of aquaponics by providing training and resources to help procure and operate their own aquaponics system.
NCA 21-134 Amending MCNCA Title 35, Chapter 8, subsection 8-102 entitled “Policy.” Rep. Jennings sponsored the legislation, which was adopted 15-0.
There is a need to increase the grant amount of the Tribal Energy Assistance Program due to the increase of propane, gas, and electricity costs over the years. Applicants may participate twice yearly and grants shall be $600.00 to be applied to applicants heating or cooling costs.
NCA 21-138 Authorizing the expenditure of Fiscal Relief Funding for the Muscogee (Creek) Nation Head Start Program to retain a pediatric nurse. Rep. Jennings sponsored the legislation, which was adopted 15-0.
A school nurse is needed for the Tulsa Head Start Center to ensure proper health care will be provided to a high-risk child attending in-person. Funds of $63,600.00 are being requested and funded by American Rescue Plan Act Fiscal Recovery Funding.
To watch the full meeting and view full agenda visit: www.mcnnc.com.