# CROW TRIBAL LEGISLATURE (2017) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acrow_montana%3A4d0a0cee674a9587 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text CROW TRIBAL LEGISLATURE DECEMBER 29, 2016 SPECIAL SESSION BILL NO. CLB16-05 INTRODUCED BY ALVIN NOT AFRAID, JR., CHAIRMAN CROW TRIBAL EXECUTIVE BRANCH A BILL FOR AN ACT ENTITLED: “APPROVAL OF AN INTERIM BUDGET FOR THE OPERATION OF THE CROW TRIBAL GOVERNMENT AND THE EXPENDITURE OF TRIBAL REVENUE FOR THE SECOND QUARTER OF FISCAL YEAR 2017” WHEREAS, Article IV, Section 3(d) of the Crow Tribal Constitution and Bylaws requires the Executive Branch of the Crow Tribal Government to prepare an annual budget for the operation of the Tribal Government, including separate budgets for the Legislative and Judicial Branches, for approval by the Legislative Branch and the Secretary of the Interior; and WHEREAS, Article V, Section 2(e) of the Constitution empowers the Legislative Branch to grant final approval or disapproval of the annual budget prepared by the Executive Branch; and WHEREAS, CLB16-04, an Act providing for a partial-year Interim Budget covering the period October 1, 2016 — December 31, 2016 in order to continue the operations of the Crow Tribal Government, was enacted by the Legislature on September 29, 2016 and approved by the Chairman of the Executive Branch on September 30, 2016, to be replaced by a full annual budget for the 2017 fiscal year for approval by the Legislature in a Special Session prior to December 31, 2016; and WHEREAS, the Executive Branch has requested the Legislative Branch to approve an interim partial-year budget for the second quarter of Fiscal Year 2017, covering the period January 1, 2017 — March 31, 2017, which interim budget will be replaced by a full annual budget for FY2017 to be prepared and approved before March 31, 2017; and WHEREAS, the Legislative and Executive Branches wish to cooperate on the approval of the interim budget for the second quarter of FY2017 in order to provide a fiscally sound method for the continued operation of the Crow Tribe until a full FY2017 budget can be prepared and approved; NOW, THEREFORE, BE IT ENACTED BY THE CROW TRIBAL LEGISLATURE: Section 1. Approval of an interim budget for the second quarter of the 2017 fiscal year for the expenditure of Crow Tribal revenue. An interim budget for the second quarter of the December 29, 2016 Special Session Act Approving 2™ Quarter FY2017 Budget 12.29.16 Page 1 of 4 2017 fiscal year, for the operation of the Crow Tribal Government and the expenditure of Tribal revenues during the period January 1, 2017 through March 31, 2017, is hereby approved by the Crow Tribal Legislature as follows: (a) Judicial Branch: $ 162,733; (b) Legislative Branch: $ 475,000; and (c) Executive Branch (incl. debt service): $5,076,821 TOTAL (excluding Per Capita): $5,714,554 Section 2. Replacement with annual FY2017 budget. No later than March 15, 2017, the Executive Branch shall prepare and submit a full annual budget for the 2017 fiscal year for approval by the Legislature in a Special Session prior to March 31, 2017. Section 3. Tribal mineral royalties, special per-capita account. In addition to the amounts provided for in the attached 2017 fiscal year budget, all mineral royalties paid to the credit of the Crow Tribe shall be directly deposited by the Office of Special Trustee in a proceeds of labor account (per capita) separate and apart from the Crow Tribal General Fund and shall only be available for expenditure for the purpose of per-capita distribution to the enrolled tribal membership. Any additional mineral royalties received shall also be directly deposited into the proceeds of labor account (per capita) described herein and shall be distributed via per-capita payments to the enrolled tribal membership. In addition to the reports on receipts of royalties currently being provided to the Legislature by the Office of the Special Trustee (OST), the Executive Branch shall forward to the Legislature copies of all per-capita account draw-down requests on Form SF-1034 as signed by the Chairman, at the same times they are provided to BIA and OST. Section 4. Judicial Branch Fiscal Authority. The Judicial Branch, at the discretion of the Chief Judge, shall have control over spending their own funds, including setting salaries, budget modifications, and making purchases. All bonds, fees, fines and other revenues derived from Judicial Branch operations shall remain with the Judicial Branch and shall become part of the Judicial Branch Budget. Section 5. Legislative Branch Fiscal Authority. The Legislative Branch shall have control over spending its own budget in the amount of 2.1 million for fiscal year 2017; therefore, for the Second Quarter of 2017, the Legislative Branch shall receive $475,000 for the period of January 1, 2017 to March 31, 2017 at scheduled drawdowns set by the Executive Branch during the second quarter; with the third and fourth quarters to be budgeted at $634,375. Section 6. District Donations for Second Quarter FY2017. The Tribal Comptroller shall disburse a total of $22,500 for District Donations, divided equally among the Districts. December 29, 2016 Special Session Act Approving 2"? Quarter FY2017 Budget 12.29.16 Page 2 of 4 Section 7. This Act supplements the partial-year Interim Budget for the first quarter of FY2017 enacted by CLB16-04. Further, this Act shall take effect immediately upon approval by the Tribal Chairman. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] December 29, 2016 Special Session Act Approving 2™ Quarter FY2017 Budget 12.29.16 Page 3 of 4 CERTIFICATION I hereby certify that this Bill for an Act entitled “APPROVAL OF AN INTERIM BUDGET FOR THE OPERATION OF THE CROW TRIBAL GOVERNMENT AND THE EXPENDITURE OF TRIBAL REVENUE FOR THE SECOND QUARTER OF FISCAL YEAR 2017” was duly approved by the Crow Tribal Legislature with a vote of 13 in favor,0 opposed, and 0 abstained, and that a quorum was present on this 29" day of December, 2016. Senator Pat Alden, Jr. Speaker of the House Pro Tem Crow Tribal Legislature ATTEST: ot SARE, : Ro. Ba Lug, 9 2S : Senator Eric Birdingrétnd ig: * Secretary Pro Tem ia: SE AL :2: Crow Tribal Legislature ae sat he. re “., site eet a “A ay Te. EXECUTIVE ACTION rey I hereby x& APPROVE VETO this Bill for an Act entitled “APPROVAL OF AN INTERIM BUDGET FOR THE OPERATION OF THE CROW TRIBAL GOVERNMENT AND THE EXPENDITURE OF TRIBAL REVENUE FOR THE SECOND QUARTER OF FISCAL YEAR 2017” pursuant to the authority vested in the Chairman of the Crow Tribe by Article V, Section 8 of the Constitution and Bylaws of the Crow Tribe of Indians, on this 2g day of Decenber _, 2016. Le~rtA GD Alvin Not Afrad, Jr. hairman Crow Tribal Executive Branch December 29, 2016 Special Session Act Approving 2"4 Quarter FY2017 Budget 12.29.16 Page 4 of 4 A BILL FOR ACT ENTITLED: “APPROVAL OF AN INTERIM BUDGET FOR THE OPERATION OF THE CROW TRIBAL GOVERNMENT AND THE EXPENDITURE OF TRIBAL REVENUE FOR THE SECOND QUARTER OF FISCAL YEAR 2017” Bill or Resolution: CLB16-05 Introduced by:_Chairman Alvin Not Afraid, Jr. Date of Vote: 12/29/2016 Number Representative: G. Three Irons B. Rogers F. White Clay P. Hill S. Real Bird V. Nomee T. Gros Ventre V. Crooked Arm P L . Spotted Horse, Sr. . DeCrane Vacant B. Hugs G. Real Bird, Jr. B. Good Luck H. Male Bear, Jr. E. Birdinground Secretary Pro-Tem P. Alden, Jr. Speaker Pro-Tem Totals: Result of Vote: GdtasS$ Yes No Abstained < |< |< |< LX 13 0 0 Passed Not Passed Tabled Veto-Override Eee Fa 19-09 Senator Pat Alden, Jr. Speaker Pro-Tem Date Senator Eric Birdingfound Date Secretary Pro-Tem CROW TRIBE BUDGET - PREPARED 12/22/16 INTERIM BUDGET JANUARY - MARCH 2017 REVENUE | GENERAL FUND COAL SEVERANCE TAX 914,800 CONOCO 1,000,000 WBI RIGHT AWAY 1,112,229 MT GAS TAX 295,248 TOBACCO TAX 299,198 PROGRAM INCOME 225,999 LEASE REVENUE 50,000 RENTAL REVENUE 11,875 OST - MR&l AWWWA CONTRIBUTION 162,500 THPO 195,000 4,266,849 107TH FUND SETTLEMENT PROCEEDS 486,455 486,455 INDIRECT COST FEDERAL PORTION 556,250, Total Revenue TRANSFERS FROM LAND BUY BACK LAND BUY BACK FOR BX LOAN PYMT 405,000 Total Revenue and transfers in i i 5,714,554 DEBT SERVICE ] FSA/BIA LOANS 29,140 BX LOAN PAYMENT 405,000 BOND PAYMENT 1997 143,044 FIB 2007 NOTE 59,697 FIB 2013 NOTE 449,201 USDA LOAN 42,714 USDA LOAN #2 8,364 Total Debt Service 1,137,160 Breakdown by Branch ] SALARIES 1,100,000 615,981 344,240 139,779 FRINGE BENEFITS 135,300 110,461 8,135 16,704 ADVERTISING 2,500 625 1,875 APPELATE COURT 3,750 3,750 - COMPUTER SERVICES/SUPP&MAINT 13,125 625 12,500 CONTRACTED SERVICES 315,000 287,500 21,250 6,250 BURIAL ASSISTANCE 112,500 112,500 - DISTRICT COMMUNITY PROJECTS 22,500 22,500 - DONATIONS 3,750 3,750 = DUES 3,000 3,000 = STUDENT ASSISTANCE 57,125 57,125 - ELECTIONS 25,755 16,045 9,710 EMERGENCY ASSISTANCE 12,500 12,500 - EMPLOYEE EXPENSE 4,250 4,250 - C.O./EQUIPMENT (over $5000 only) 19,225 14,225 5,000 FEES 11,750 11,750 - FESTIVITIES 15,000 15,000 =, FOOD COSTS 8,750 3,750 5,000 GSA VEHICLES 6,000 6,000 = INSURANCE 138,750 138,750 - IRRIGATION - BIA FEES 20,728 20,728 - JURY COST 3,750 3,750 - MAINTENCE & REPAIR 29,374 27,624 1,750 MILEAGE 9,841 3,591 6,250 POSTAGE 6,400 6,110 290 PRINTING 2,788 2,788 - REAL ESTATE TAXES 18,845 18,845 - RENTAL/OFFICE 375 375 s SENIOR BENEFIT 728,400 728,400 - SUPPLIES/OFFICE 10,750 5,750 5,000 SUPPLIES/OTHER 44,310 35,560 8,750 SANITATION SERVICES 84,000 84,000 - TELEPHONE 44,370 31,870 12,500 TRAINING 5,250 5,250 “ TRANSFER OUT 225,000 225,000 - TRAVEL/OFF-RESERVATION 93,000 64,250 28,750 UTILITIES 63,250 62,500 750 VEHICLE REPAIRS & MAINTENANCE 11,000 9,000 2,000 VEHICLE FUEL COST 21,875 20,625 1,250 TRANSFER TO DISTRICTS 22,500 22,500 CASH RESERVES 1,121,059 1,121,059 Total Expenses 4,577,394 3,939,661 475,000 162,733 Expenses Plus Debt Service 5,714,554 Revenue and Transfers Less Expenses 0 CROW TRIBE OF INDIANS Total Expenditure Budget $5,714,554 Fiscal Quarter ended March 31, 2017 DEBT SERVICE- $1,137,160 This department is established to fund the following payments: 1997 107" Bond Payment: The Crow Tribal Council on September 13, 1997 did meet and approve the issuance of bonds to fund authorized projects with the interest from the 107" Boundary Settlement fund to be utilized for payments. Total payments for the 2nd fiscal quarter of FY 2017 will be $143,044. FSA/BIA Loans: The Crow Tribe Legislature approved the issuance of loans with USDA and FSA to provide funding for real estate and leasing. Total payments for the 2 fiscal quarter of FY 2017 will be $29,140. 2013 First Interstate Loan: The Crow Tribe Legislature approved the issuance of loans from First Interstate with the proceeds for economic development purposes. The loan payments are to be made from the 107" Boundary Settlement fund. Total payments for the 2" fiscal quarter of FY 2017 will be $449,201. USDA Loan — Water Project: The Crow Tribe Legislature approved the issuance of a loan with USDA in 2007 to provide funding for the Crow Agency Water System Project. Total payments for the 2" fiscal quarter of FY 2017 will be $42,714. USDA Loan — Water Project #2: The Crow Tribe Legislature approved the issuance of a second loan with USDA in 2014 to provide funding for the Crow Agency Water System Project. Total payments for the 2 fiscal quarter of FY 2017 will be $8,364. 2007 First Interstate Loan: The Crow Tribe Legislature approved the issuance of a loan from First Interstate Bank with the proceeds for development purposes. The loan payments are to be made from the 107" Boundary Settlement fund. Total payments for the 2™ fiscal quarter of FY 2017 will be $59,697. 2015 Battlefield Express line of credit to fund the gas station. Total payment for the 2"4 fiscal quarter of FY 217 will be $405,000. LEGISLATIVE BRANCH BUDGET - $ 475,000 This budget funds the operations of the Legislative branch set-up by the new constitution. The budget will cover elected delegate’s salaries and other costs. These delegates have quarterly legislative sessions that approve/disapprove various resolutions/bills submitted. They have ongoing subcommittees that work on new legislation for the Crow Nation. The Legislative Branch is a separate branch of the Crow Tribal government. There is a separation of powers between the branches. The Legislative Branch has control over spending their own funds, including setting salaries, budget modifications and making purchases. JUDICIAL BRANCH BUDGET - $ 162,733 This branch is responsible for operating the courts system of the Judicial Branch of the Crow Nation. BIA, also, funds a portion of the costs to operate the court system. The Judicial Branch is a separate branch of the Crow Tribal government. There is a separation of powers between the branches. The Judicial Branch has control over spending their own funds, including setting salaries, budget modifications and making purchases. EXECUTIVE BRANCH BUDGET - $3,939,661 ELECTED ADMINISTRATION This department is primarily utilized by the Tribal Officials. There are various line items/functions within this department. The largest amount is designated to hire employees. Employees that are not working under specific programs or departments are posted here. The job duties and designations of these employees vary widely. Many of the staff are placed at various schools, churches, and city departments. Examples of job duties are custodians, aides, secretaries, etc. Additionally, some of the staff are placed within various programs to help them get trained for various positions within BIA, IHS and Federally-funded programs. The next largest expense within this department is Travel. This is primarily for the Elected Officials, but is also utilized by various employees that do not have Travel designated to their particular departments. Officials are often required to travel to Washington D.C. and Helena, as well as, other locations to conduct the business of the Crow Tribe. Other expenses associated with this department are Bereavement Feeds, food for staff meetings/gatherings, Emergency Assistance, consultants to the Tribal Officials and various Office expenses. BUFFALO PASTURE This department is set-up to monitor and maintain the Buffalo Pasture. The employees patrol the pasture, as well as, round up the herds to sell the Buffalo. The proceeds from the sale of the Buffalo are included in the General Fund’s revenues. BEAUTIFICATION PROJECT The purpose of this department is work on cleaning up various areas of the Crow Nation. The duties include picking up trash, mowing and pulling weeds, maintaining fences and buildings. This is a seasonal department. ARROW CREEK RANCH This department oversees the Arrow Creek Ranch functions within the Crow Reservation. Besides salary expense, the largest expenditure is for a maintenance and repairs for each of the units. CULTURAL OFFICE This department is set-up to maintain the cultural affairs and activities of the Crow Nation. Many of the employees work at the local churches. CREDIT DEPT The Crow Tribe has generally supplemented the Crow Credit Program. The loan data is added to the Tribe’s accounting system and is be monitored by the Finance Department. This department authorizes and issues the loans, as well as, post the payments. Loans are issued based on the payments received from previous loans and this supplement from General fund less any operating costs to run the department. DISPATCH This department provides a centralized location to coordinate emergency services related to search and rescue, fire, and police within the boundaries of the Crow Nation. FISH AND GAME This department patrols the various fishing and gaming locations within the Crow Reservation. They are authorized to issue fines and licenses regarding fishing and gaming on the Reservation. Besides salary expense, the largest expenditure is for vehicle fuel and repairs for each of the patrol units. FORESTRY This department provides services to the Crow Tribe for development of tribal forest lands. FIRE This department provides structure fire services to residents within the boundaries of the Crow Nation. OPERATING This department is where General operating expenses of the Crow Tribe are coded that do not qualify to be expensed to specific departments. This department contains various line items. The largest expense within this department is community support, which includes burial assistance for $43,750, which assists with burial costs at $5,000 per Tribal member. GAMING COMMISSION This department pays the salaries of the Gaming Commissioners and secretary. The Gaming Commissioners regulate the gaming of the Apsaalooke Nights Casino. OIL & GAS DEVELOPMENT This department employs individuals who are working on the oil and gas contracts and development for the Crow Tribe of Indians. IN-KIND CONTRIBUTIONS This department is set-up to fund the required matches of various Federal programs. Some of the larger matches the Tribe makes are to Head Start, Boys & Girls Club, Tribal Elders, and Family Preservation. HOMEOWNERS SERVICES This department’s purpose is to assist the elderly and low-income individuals that need small emergency home repairs. These funds will be utilized in situations where repairs are needed quickly rather than waiting for HIP approval such as, furnace replacement in the middle of winter. EXECUTIVE BRANCH LEGAL SERVICES This department funds the in-house legal department at Crow Agency. This includes several attorneys and non-attorney staff. There are various expenses for maintaining the office space and office expenses at Crow Agency. Additionally, some outside legal services will be paid from this budget. This department also funds the attorney services of legal counsel working on the prosecution of cases through the Crow Tribe’s court system. This department funds the services of an outside counsel to provide public defender services to the defendants within the Crow Tribe’s court system. It also funds an attorney providing services to Tribal Members. The department funds the legal counsel and consultants needed to further the development of the Tribe’s Natural Resources, primarily concentrating on energy/coal development. DISTRICT SUPPORT SERVICES This department is funding employees that work in the various districts. They are providing services at local area organizations. PARKS & RECREATION This department oversees the maintenance and services of the various Parks and Recreation within the Crow Nation. POLICE This department supplements the BIA Police department assisting with additional staff. The staff duties range from police to dispatchers to custodians. SOCIAL SERVICE This fund is set-up to supplement the various Federal and State programs held under the Crow Tribe that provide social services to the Crow Nation. SOLID WASTE This department oversees the maintenance and disposal costs of the solid waste sites within the Crow Nation. TERO The purpose of this department is to provide staff and reimburse expenditures relating to monitoring the compliance of the TERO ordinance of the Crow Tribe. TRIBAL LEASES The purpose of this department is to monitor Tribal land leases and collect the Tribal lease revenues. This department tracks the different parcels of land and maintains the leases awarded on the land. Real estate taxes of the Crow Tribal lands are paid in this department. Also, this department is the lead in loose livestock abatement regulation. The department then assigns either fish and game or buffalo pasture to field check or abate the issue. TRIBAL AG EXTENSION The purpose of this department is to support extension agents who establish agricultural education programs within the Crow Nation. TRIBAL ROAD MAINTENANCE The purpose of this department is to oversee the maintenance of Crow Tribal roads. VETERANS This department oversees services for veterans serving the Crow Tribe. WATER DEPARTMENT The purpose of this department is to assist BIA with the Crow Water Department and provide maintenance and personnel for the Wyola and Pryor Water systems. ADMINISTRATIVE SUPPORT This department is to support the salaries of the Elected Officials, Cabinet Heads and various administrative personnel. Also, this department supports the 107" Advisory Committee which covers 170 members at $200 per weekly meeting. The committee submits recommendations to promote the development of an economic system for the Crow Indian Reservation and other recommendations to better the Crow Tribe’s operations. This department also funds a monthly benefit to all Crow Tribe members over the age of 67. The monthly benefit amount is currently $300 per month. The purpose is to help the elderly cover their living expenses as they reach an age they no longer can work and to help supplement any other income they may receive. EDUCATION This program provides financial assistance in the form of educational grants to all members of the Crow Tribe that are accepted and/or enrolled in a college or university and are in good academic standing. This program also includes an academic incentive program for all Crow Tribe members enrolled in Jr. High and High School. Additionally, there are funds available for various student activities and other expenses related to the Education department. ENROLLMENT This department is established to maintain the records of the Crow Tribe Enrollment. This department processes the per capita payments issued three times a year. Current and updated information is needed to insure all Tribal members receive timely payments. PUBLIC SAFETY This department provides funding to support the public safety concerns of the Crow Tribe government. This includes developing and implementing a disaster emergency plan for the Crow Reservation. This entails contacting other agencies within the area to find what can be cooperatively done in case of an emergency and seeking Federal and State assistance with any funding needs. MULTI-PURPOSE BUILDING This department is set-up to fund staff, utilities and other expenses to maintain the Multi-Purpose building on the Crow Reservation. This building is used for many functions for Crow Tribal members. ECONOMIC DEVELOPMENT This department has the overall responsibility of planning and economic development for the Crow Tribe. They will consider all recommendations from various committees, including the 107" committee. They will submit proposals to the Executive Branch for potential development. INDIRECT COST FUND The purpose of the Indirect Cost Fund is to maintain the operations of a central administration of the Crow Tribe. The Indirect Cost Fund has various departments whose functions can be centralized and utilized by all departments/funds/programs of the Crow Tribe. These functions/departments are determined to qualify for Indirect Cost fund reimbursement under the Federal regulations as described in the Super Circular. They include various functions such as; administration, community relations, contract administration, personnel, finance, procurement, facilities management, record retention, security, postal administration and grant writing. IDC ADMINISTRATION This department is set-up to fund a portion of the elected official’s salaries and staff for the Elected Officials to maintain their administrative office. CONTRACTS This department processes and reviews all contracts with the Federal and State governments for various programs/grants with the Crow Tribe. This department assures compliance with the various grant and contract provisions. PERSONNEL OFFICE This department is the human resources department for the Crow Tribe. This department is responsible for maintaining the personnel records and assuring compliance with applicable federal guidelines in the personnel management process. FINANCE This department is responsible for processing all financial transactions of the Crow Tribe. This includes payroll and vendor payment responsibilities. Other functions include cash receipts, travel compliance and budget maintenance. PROCUREMENT OFFICE The procurement department is responsible for the purchasing of office supplies for the various programs/funds and maintaining the on-hand Supplies Department. Additionally, this department maintains inventory lists, manages the insurance policies, licenses vehicles, and manages the GSA vehicle program. Also, this department is responsible for salvaging junk vehicles. FACILITIES MANAGEMENT This department is responsible for the janitorial and grounds maintenance services of the Tribal buildings. This includes janitorial supplies and repairs and maintenance of the Tribal Administration buildings. RECORDS RETENTION This department is responsible for maintaining and preserving all the records of the Crow Tribe. This department complies with the records retentions policies as required by law over the stated period of years. OPERATING EXPENSES This department includes various expenses that are required to maintain the administrative departments as listed within the Indirect Cost Fund and the various programs/funds operating under the Crow Tribe. These include the telephone system, utilities, and insurance of the Crow Tribe. The expenses associated with hiring an outside CPA firm to conduct the financial audit of the Crow Tribe are included here. Additionally, there is the expense associated with in-house CPA staff. There are three full-time contractors and one part-time contractors posting to the CPA line item within this department. The CPA contractors are responsible for the overall accounting of the Crow Tribe and the preparation of Financial Statements for the Financial Audit as required by law. Equipment needed to maintain the computer systems and internet services of the Crow Tribe, as well as, a computer department contractor are included within this department. SECURITY This department provides security within the Crow Tribe’s administration building for the elected officials, the property, and personnel. MAILROOM This department manages the outside mailing services of all the Crow Tribe’s departments/programs. 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