CLASSIFICATION: #28. LANDS AND MINERALS

NCA 13-316

CLASSIFICATION: #28. LANDS AND MINERALS

A LAW OF THE MUSCOGEE (CREEK) NATION CREATING A NEW MCNCA TITLE

28, CHAPTER 9 ENTITLED “MUSCOGEE (CREEK) NATiON NATURAL RESOURCE

CONSERVATION DISTRICT” AND APPROPRIATING SAID FUNDS

Be it enacted by the National Council of the Muscogee (Creek) Nation:

SECTION ONE. NEW LAW. The following new Law is hereby enacted:

Section 1-101. Findings. The National Council finds that:

A.

Prior to 1988, USDA cost share programs and technical assistance were

only available on fee lands; therefore not available on trust or restricted Indian lands.

B.

Bureau of Indian Affairs land resource programs were and have been

funded at 25% per acre compared to non-Indian land.

C.

In the current funding environment, natural resource priorities on non

Indian lands are not the same as on Indian lands.

D.

Districts establish the program priorities for cost share funding on Natural

Resource Conservation Service (NRCS) programs.

E.

A tribal conservation district makes it easier to set NRCS priorities for

Indian lands.

F.

Many trust and restricted Indian lands over time have grown into

unproductive use or lay dormant as agricultural practices have required increased

intensive capital requirements.

G.

Lack of access to capital, undivided interest, and other barriers have kept

lands from productive use.

SECTION TWO. NEW LAW.

The following new law shall be codified in Title 28,

Chapter 9 of the Code of Laws of the Muscogee (Creek) Nation; provided that for

purposes of codification of said new law and its inclusion in pocket parts for the Code of

Laws of the Muscogee (Creek) Nation, the Codification Committee is hereby authorized:

(1) to approve any changes related to the manner in which sections, articles, chapters

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NCA 13-316

and sub-chapters are designated in this law in order to be consistent with the format in

the Code of Laws published in 2010 by West Publishing Company; (2) to include

footnoted references to the legislative history in said pocket parts to the Code of Laws;

and (3) to note in said pocket parts any editorial correction of minor clerical or

grammatical errors in the following new law:

CHAPTER 9.

MUSCOGEE (CREEK) NATION

NATURAL RESOURCE CONSERVATION DISTRICT

§ 9-101. Declaration of Policy

A.

Purpose: To authorize a Mutual Agreement between the U. S.

Department of Agriculture, the Muskogee (Creek) Nation, and the Muscogee (Creek)

Nation Natural Resource Conservation District herein created and to provide a statutory

basis for the authorization and establishment of the Muscogee (Creek) Nation Natural

Resource Conservation.

§ 9-102. DefinitIons

A.

USDA United States Department of Agriculture and its various agencies

under the management and budgetary control of the Secretary of Agriculture.

—

B.

Administrative Operations

Election of Commissioners, admittance of

Advisory members, personnel matters, agreements, conduct of meetings, management

of programmatic activities and functions.

—

C.

Programmatic Activities and Function

USDA assistance provided to

farmers, ranchers and rural residents for losses that result from natural disasters such

as the constant threat drought, flood, fire, freeze, tornadoes, pest infestation, and other

calamities; Conservation programs within USDA which assist individual land owners

with conserving their soil, water, and other natural resources; Certain programs also

provide financial assistance for agricultural producers to rehabilitate farmland damaged

by natural disasters and pests; insurance programs which help users better understand

crop and livestock insurance; USDA provides critical tools and policy and reinsurance

agreement information and details the insurance cycle from the application process

through the claims process; the Office of Environmental Markets (OEM) supports the

Secretary in the development of emerging markets for carbon sequestration, water

quality and management, wetlands, biodiversity, and other ecosystem services (OEM

was established in response to the Food, Conservation, and Energy Act of 2008); wild

land fire management to protect human life, welfare, and property, and also to manage

wild land fire to restore and maintain the health of ecosystems on which people depend

for clean water, oxygen, carbon sequestration, recreation, forest products, biodiversity,

-

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NCA 13-316

beauty, and other resource benefits; Organic Programs under USDA’s National Organic

Program which regulates the standards for any farm, wild crop harvesting, or handling

operation that wants to sell an agricultural product as organically produced; Food

Security which research facilitates informed public debate regarding food security, and

its impact on the well-being of children, adults, families, and communities, as well as its

relationship to public policies, public assistance programs, and the economy; the

promotion and assistance of exportation through a variety of valuable tools, services,

policies and research to assist new and experienced exporters in all the stages

necessary for getting their product out to their desired market; economic research to

inform public and private decision making on economic and policy issues involving food,

farming, natural resources, and rural development.

D.

Qualified elector A qualified elector is an individual who owns 10 acres

or more of restricted surface interest within the Creek Nation; in the case of undivided

interest the fractional interest must equate to 10 acres or more of surface interest, as

certified by the Creek Nation Realty office. In the event an individual owns less than 10

acres of surface interest in a parcel of land in an undivided parcel of land, then if a

majority of the landowners desire to participate in USDA programs, a majority of the

surface interest owners may designate one of the surface owners as a designated proxy

to enter in an agreement for the purposes of participating in USDA programs. This may

be in the form of a BIA approved agricultural lease or a USDA participatory agreement.

—

§ 9-103.

Muscogee (Creek) Nation Natural Resource Conservation District

There is hereby created a Muscogee (Creek) Nation Natural Resource Conservation

District authorized and organized to represent, develop, protect and advance the view,

interests, education, and resources of the Muskogee (Creek) Nation to include both

tribally and individually-held, restricted and trust Indian lands.

§9-104.

Governance

A.

There is hereby created [within] the Department of Interior Affairs a selfgoverning Muscogee (Creek) Nation Natural Resource Conservation Commission to

govern and manage said District herein established.

B.

owners.

The Commission is to represent Tribal and restricted surface Indian land

1. To begin business of the initial Commission, the Commissioners

are to be appointed by the Secretary of Interior Affairs for a term of

three (3) years and thereafter elected by the qualified electors as

prescribed for elected Commissioners.

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NCA 13-316

C.

Representation on Commission. The Commission is to be comprised of

three commissioners: the first Commissioner is Commissioner A representing tribal trust

lands; the second is Commissioner B and the third is Commissioner C, both B and C

representing individual Indian restricted or trust surface land owners often acres or

more as defined by USDA requirements.

D.

Commissioner A is to be appointed for an initial term of one year and

appointed for three year term thereafter; Commissioner B is to be appointed for an initial

term of two years and elected for a three year term thereafter; Commissioner C is to be

appointed for an initial term of three years and elected for a three year term thereafter.

E.

Selection of Commissioners. The Commissioners are to be selected in

the following manner:

1. Commissioner A for tribal lands is to be appointed by the Secretary

of Interior Affairs from a list of surface restricted land owners as

certified by the Realty Office, Creek Nation.

2. Commissioner B for restricted individual-owned lands is to be

elected by the qualified electors of restricted land owners from a list

of surface restricted land owners as certified by the Realty Office,

Creek Nation.

3. Commissioner C for restricted individual-owned lands is to be

elected by the qualified electors of restricted land owners from a list

of surface restricted land owners as certified by the Realty Office,

Creek Nation.

F.

In recognition of the importance of addressing Food, Agriculture and

Natural Resource needs on Muskogee (Creek) Nation tribally and individually-held,

restricted and trust Indian lands; it shall be the mission of the Commission:

1. To maximize the utilization of the United States Department of

Agriculture (USDA) programs and other federal programs and

technical assistance.

2. To increase Indian farmers and ranchers opportunities to own,

operate and retain farms and ranches.

3. To provide effective District leadership for the Technical and costshare assistance provided by the USDA through a Tribal

Conservation District and Long Range Natural Resource Plan.

§ 9-105.

Authority

A.

Muscogee (Creek) Nation Natural Resource Conservation District shall

have the authority to:

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NCA 13-316

1. Work cooperatively with other agencies, Tribal Resource

Specialists, Tribal colleges, and boards, and other entities, to

include other Soil Conservation Districts.

2. To provide technical assistance and assist in the development of a

Natural Resources Long Range Plan for the Muskogee (Creek)

Nation lands which will establish priorities under which the USDA

agencies will operate on the Muskogee (Creek) Nation’s lands

which include both tribally and individually-held, restricted and trust

Indian lands.

§ 9-106.

Cooperative Working Agreements

The Muscogee (Creek) Nation Natural Resource Conservation District is authorized to

enter into Cooperative Working Agreements with the USDA Agencies and others, for

the purposes of this ordinance and to carry out the Tribal Districts Long Range Natural

Resource Plan.

§ 9-107.

A.

By-Laws and Regulations

The Commissioners shall develop, adopt, and implement:

1. By-Laws to govern the administration of the Commission in

conformance with this Ordinance.

2. Regulations to govern the Programmatic Activities and Functions of

the Creek Nation Natural Resource Conservation District in

compliance with USDA regulations and requirements.

The Muscogee (Creek) Nation Natural Resource Conservation District’s Commissioners

shall develop, adopt and implement By-Laws for governing of the Muscogee (Creek)

Nation Natural Resource Conservation District prior to beginning operations.

§ 9-108.

Budget Operations and Capital Equipment

—

A.

There is authorized a budget of $300,000 annually for the Administration

and Technical Professional staff and capital equipment, of the Muscogee (Creek) Nation

Natural Resource Conservation District; Commissioners are authorized to receive

compensation comparable to other Boards and Commissions of the Nation and to

compensate technical staff in amounts comparable for like work of the profession.

§ 9-109.

Appropriations Operations and Capital Equipment

-

A.

There is appropriated $100,000 for start-up costs and $200,000 for

administrative operations in the first year of operations.

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NCA 13-316

C.

Carry-over of unexpended appropriated funds for any fiscal year may be

expended in the following year without further appropriation and in the third year

replacement of capital equipment is authorized as the Commission may determine.

§ 9-110.

Commission Revenues

—

Operations and Capital Equipment

A.

Revenues or income earned by the Commission shall be governed by the

Regulations of the Commission and deposited into the Treasury of the Nation to the

credit of the Commission.

B.

Disbursements and Expenses of the Commission shall be governed by

the Regulations of the Commission.

§ 9-1 11.

Increase Indian Farms and Ranches

A.

as follows:

Incentives for Use of Technical Assistance and Cost-Share Programs is

1. The Commission shall explore methods and ways to increase

Indian farmers and ranchers opportunities to own, operate and

retain farms and ranches.

2. The Commission is authorized to use appropriated and earned

funds to explore ways to increase participation in the use of USDA

Technical Assistance and Cost-Share Programs.

3. The Commission shall establish the Incentive program for the CostShare program through regulations with a 30 day comment period

prior to adopting the final rule.

SECTION THREE. APPROPRIATION. The sum of Three Hundred Thousand and

No/I 00 Dollars ($300,000.00) is hereby appropriated from the Gaming Fund Account for

the Muscogee (Creek) Nation Natural Resource Conservation District for FY 2014. Any

funds remaining shall carry forward into the new fiscal year until fully expended.

SECTION FOUR. AUTHORIZATION. The National Council hereby authorizes the

Principal Chief to expend the sum of Three Hundred Thousand and No/100 Dollars

($300,000.00) is hereby appropriated from the Gaming Fund Account in accordance

with the attached budget.

SECTION FIVE. EFFECTIVE DATE. This Act shall become effective immediately

upon proper approval and execution in accordance with the requirements of the

Muscogee (Creek) Nation Constitution.

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NCA 13-316

ENACTED by the Muscogee (Creek) National Council on this 21~ day of December.

2013.

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

Samuel S. Alexander, Speaker

National Council

Muscogee (Creek) Nation

CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council com~rised of Eighteen members with Sixteen

members attending this meeting on the 21. day of December, 2013 and that the above

is in conformity with the provisions therein adopted by a vote of j~ in favor, ~ against,

and that said Law has not been rescinded or amended in any way and the above is the

signature of the Speaker of the National Council.

~ g~

Kristie A. Sewell, Ré~ording Secretary

Muscogee (Creek) National Council

APPROVAL

I, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature on this

~ day of P c-c2013 to the above Law, NCA 13-316 authorizing it to

become a Law under Article VI., Section VL, of the Constitution of the Muscogee

(Creek) Nation.

,

iger,~ncip~hief

Muscogee (Creek) Nation