CLASSIFICATION: #11. COMMUNITIES

NCA 15-008

CLASSIFICATION: #11. COMMUNITIES

A LAW OF THE MUSCOGEE (CREEK) NATION REPEAIJNG TITLE 1i~ CHAPTER 4~

ENTITLED “CHARTERED COMMUNITY USE OF TRIBAL LANDS AND BUILDINGS”

AND REPLACING IT WiTh A NEW TiTLE 11, CHAPTER 4, ENTITLED

“CHARTERED COMMUNITY COOPERATIVE USE OF TRIBAL LANDS AND

BUILDINGS”

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.

NCA 92-169 originally authorized the execution of Facility Use

Agreements for the purpose of allowing Tribal Communities to use Tribal Trust lands for

Community activities.

B.

The use of Facility Use Agreements by the Nation over the years has

become time-consuming and inefficient.

C.

There is a need to repeal the use of Facility Use Agreements and

establish Tribal Law that addresses the use of Tribal Trust lands by Tribal Communities

without the need of entering into a formal written agreement.

SECTION TWO. REPEALER. MCNCA Title 11, Chapter 4, ENTITLED ~Chartered

Community Use of Tribal Lands and Building? is hereby repealed.

SECTION ThREE. NEW LAW. The following new law shafl be codified in Title 11,

Chapter 4 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

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

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NCA 15-008

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:

CI-IAPTER 4. CHARTERED COMMUNITY COOPERATIVE USE OF TRIBAL.

LANDS AND BUILDINGS

SUBCHAPTER 1. DELEGATION OF AUTHORiTY

By virtue of this Chapter, the Chartered Creek Indian

Communities (hereinafter the ~Community’~ are authorized to use Tribal lands and

buildings for the purpose of furthering governmental operations and community

development.

§4-101,

AuthorizatIon.

SUBCHAPTER 2. USE AGREEMENTS AND OTHER INSTRUMENTS ABOLISHED

§4-201.

Revocation arid Canoeflation.

All previous Instruments, devices, use

agreements and permits purporting to authorize the use of Tribal lands and buiklings by

Communities are revoked, cancelled and hereby declared null and void.

§4-202.

Laws Amended.

All previous National Council laws authorizing the use

of Tribal lands arid buildings are hereby amended to provide for the provisions and

purpose of this Chapter.

SUBCHAPTER 3. COOPERATIVE USE PROVISIONS

§4-301.

Effective Date.

The Cooperative Use Provisions shall become

effective immediately upon the proper approval and execution In accordance with the

requirements of the Muscogee (Creek) Nation Constitution.

§4-302,

Allowable Activities. A Community may use tribal Property and Facilities

subject to the following conditions and restrictions:

A.

Authorized Activities. A Community is authorized to use the property and

facilities for the following activities: 1) Meetings arid operations; 2>

Community fund-raising activities, such as bake sales and garage sales;

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NCA 15-008

3) Social, cultural and educational purposes; 4) Tnbal services/purposes

such as, but not limited to, the Elderly Nutrition Program, Diabetes

Prevention, Language Program and Tribal Elections; 5) The Leasing of the

property and facilities; and 6) Community business operations.

B.

Leasing of Property. The use of the facilities and property by any

Community member, citizen or outside party for a period in excess of one

month. The Community shall refer any request to lease the property to the

Office of Community Research & Development who shall submit the

request to lease to the Office of the Principal Chief. Upon approval of the

Principal Chief the lease request shall be submitted to the National

Council for approval. No lease shall be valid until approved by the National

Council by Tribal Resolution and signed by the Principal Chlef. Upon

approval by the National Council, a Lease Agreement shall be entered into

between the Nation and the Community member, citizen or outside party.

C.

TernDorarv Use of Procerty. The use of the facilities and property by a

Community member, citizen or outside party for a consecutive period of

four days to one month. The Community shall refer any request for the

temporary use of the facilities and property to the Office of Community

Research & Development who shall submit the request for temporary use

to the Office of the Principal Chief. Upon the approval of the Principal

Chief the request for temporary use shall be submitted to the National

Council for approval. No Temporary Use shall be valid until approved by

the National Counc~ by Tr~ial Resolution and signed by the Principal

Chief. A Temporary Operating Permit shall be entered into between the

Nation and the Community member, citizen or outside party.

D.

Short-Term Use of ProDertv. The use of the facilities and property by a

Community member, citizen or outside party for a period of one to three

consecutive days. Short-Term use of the property and facilities may be

granted upon the approval of the Community pursuant to the Community

Policy; however, if the Short-Term Use is with a federal, state or local

authority, the Short-Term Use shall require the approval of the Principal

Chief and National Council by way of Tribal Resolution, utilizing the

procedure set forth above in Paragraph C, without the requirement of a

Temporary Operating Permit.

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PICA 15-008

E.

Unauthorized Activities. A Community is unauthorized to use the property

and facilities for the following actMties: 1) tndMdual Political campaigning;

2) Solicitations by individual and/or corporate vendors; and 3) Any illegal

activities.

F.

Funds generated from the Leasing, Temporary Use or Short-Term Use of

the property by the Community shall be retained by the Community.

§4-303.

Elderly Nutrition Proaram Duties an~RespojisibJlities. This Section applies

to those Communities with Elderly Nutrition Programs housed within their Community

Center. The duties of the Community and the Elderly Nutrition Program shall be as set

forth below:

A.

Community Dut*es and Responslbilitie~

1.

2.

3.

4.

5.

6~

7.

8.

A Community Official and Elderly Nutrition Program Supervisor

shall make a visual check of equipment and cleanliness before and

after a function to ensure that no Program supplies, including food

products, are either damaged or missing. Community shall be

responsible for said repair or replacement costs.

Community shall notify Program, at least one (1) day in advance

when the kitchen and dining shall be used by the Community or

Nation during normal Program operation hours.

Community shall share the parking lot with the Program and the

Community shall keep the parking lot clean.

Community shall maintain the trash and garbage pickup service.

Community shall be responsible for pest control and grease trap at

no cost to the Program.

Community shall be responsible for payment of all utility bills.

Community shall provide janitorial services and maintenance only

when the Community utilizes the building. The Community should

use acceptable levels of sanitation practices in handling food and

equipment to safeguard public health.

Community shall provide Program with two (2) keys to the facility.

One (1) key will be checked out to the Program’s Head Cook and

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NCA 15-008

9.

10.

B.

one (1) key Will be kept at the Central Program Office (used only in

emergency situations).

Community shall not interfere with Program activities.

Community shall submit a monthly invoke to Program.

Elderly Nutrition Program Duties and Responsibilities.

1.

2.

3.

4.

5.

6.

7,

8.

9.

Program shall have exclusive use of the building from 7:00 am to

3:30 pm during Program operation hours. If the Community needs

to use the building during normal working hours, notice needs to be

given to the Program so the Program can still carry out service by

offering carry-out service to Individuals.

Program shall have exclusive use of the storage room, commercial

freezer(s) and refrigerator located in the kitchenldining area(s).

Upon the need to replace equipment, Program shall be responsible

for new equipment. All equipment shall remain in the building if the

Program no longer provides services to the Community.

Program shall be responsible for maintaining routine repairs and

maintenance of kitchen equipment as long as Program is located at

the facility. GSNFadiities shall be responsible for the

oversight/performance of all repairs.

Program shall be responsible for the janitorial supplies for the

restrooms.

Program shall pay the Community a monthly rent. Community shall

submit a monthly invoice to Program.

Program has the option to terminate its operation based on need

and operational cost effectiveness,

Program shall be responsibto for daily cleanup of area used and

removing trash to the appropriate area.

Program shall follow all policies and procedures adopted by the

Elderly Nutrition Program. A copy of all policies and procedures

shall be available to any individual who wants to review said

policies and procedures.

The Program shall abide by the Food Code adopted by the

Program and require all Employees to wear haimets and gloves

during preparation and service of food. All Employees shall also

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NCA 15-008

receive their food handler’s permit through the Nation before

working in the kitchen.

§4-304.

Use by Nation.

The Nation reserves the right to utilize the property

and upon seven (7) days notice to the Community, shall be authorized to use the

property for activities, including but not limited to elections, public hearings, social

service field activities, satellite offices, public forums, meetings, food distribubcn,

training, education, health services, research and development The Nation and the

Community shall make every effort to work together to avoid the disruption of any

planned Community activity.

§4-305.

Emerg~ncvIDisaster Situations. The Nation shall re-enter the property in

times of emergencyidisaster. The Nation reserves the right to utilIze, renovate and

equip the property during an emergency/disaster situation, which will enable the Nation

to adequately accommodate the needs of all citizens during these times of need. In the

event that the property Is utilized by the Nation in an emergency/disaster situation, Risk

Management shall coordinate all relief efforts, and said relief efforts shall be the number

one priority for the property. The Nation’s relief efforts will take precedence over the

Community’s efforts. The Community shall work with Risk Management to ensure that

relief efforts are not hampered in any way. If damage should occur to the facility while

the Nation has re-entered the property, the Nation shall be responsible for any repair

costs associated with said damage. The Nation shall provide the Community with a

copy of the Emergency Operation/Action Plan.

§4-306.

Keys. Upon the effective date of this Act, the Community shall provide the

Nation and Community Research & Development with a copy of all keys to the faciflties

on the property. Keys shall be kept at the GSNFacilities Offices. The Nation shall notify

the Community when keys will be used for emergency situations, In the event that the

locks are changed on any Community facdities, the Community must immediately

provide keys to the Nation.

§4-307.

A.

Insurance,

The responsibility for Insurance shall be as follows:

Nation responsibility.

1. Property Insurance. The Nation shall carry property insurance, which

shall cover the property, facility, facility contents and equipment The

Community shall provide Risk Management with a detailed inventory

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RCA 15-008

list. In addition, the Nation shall also carry general liability insurance on

the property that shall cover the Nation’s programs and Community

functions that benefit the social, educational or cultural advancement of

the Community’s members.

2. Vehicle Insurance. The Nation shall carry vehicle insurance on any

tribally owned vehicle utilized by the Community. The Community shall

provide the Nation with a copy of the Community Vehicle Policy. The

Community shall provide a list of all individuals who will be driving the

tribally owned vehicle along with a copy of each driver’s license to Risk

Management. The Community shall update this list when new drivers

are added. Failure to do so may result in the tribally owned vehicle

being forfeited by the Community until the information is turned in to

Risk Management. The borrowing, lending or renting of a tribally

owned vehicle to a third party is prohibited. The Community will be

financially responsible for any and all costs associated with an

unauthorized driver accident and will forfeit the use of the tribally

owned vehicle.

B.

Community Responsibility.

Business Enterprise Insurance. The Community shall be

responsible for obtaining business personal property insurance for

Its enterprises, for obtaining general liability insurance for its

enterprises and for obtaining Worker’s Compensation Insurance.

The Community shall provide Risk Management with these

ceficates of insurance. Failure to provide proof of the previously

mentioned insurances will result in the Community being unable to

occupy the property and facilities until said insurances are provided

to the Nation,

C.

Insurance Claim.

Insurance Claim Procedure. In the event of damage to any

Community property, the Community shall report an insurance

claim immediately to Risk Management, who shall be responsible

for the claim, GSNFacjjities shall be responsible for the selection of

a contractor and oversight of all work performed. The Community

shall provide Risk Management with all supporting documentation,

including but not limited to original invoices, police reports,

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RCA 15-008

statements and photographs In order to fife an insurance claim no

later that ninety (90) days from the date of the Incident.

§4-308.

VtiIities.

A Community that has economic development shall be

responsible for any and all utility services used by or on the property and shall timely

pay such costs when due, It is the Community’s responsibility to notify the Nation,

through Community Research & Development, immediately if there is an issue with

paying for any services, The Community Finance Officer shall work with the Nation’s

Treasury Department with respect to the payment of any outstanding utilities, Any

Community without economic development may seek assistance with basic utilities

pursuant to the provisions of NCA 14-204.

§4-309.

Building Upjceeo, Janitorial Duties. General Maintenance, Renovption and

Construction. The responsibility for Building Upkeep, Janitorial Duties, General

Maintenance and Repairs for the property and facility shall be as follows:

A.

Resoonsibifity for Building UDkeeo and Janhtoilpi Duties. The Community

shall be responsible for all Building Upkeep and Janitorial Duties of the

Community Property including but not limited to picking up trash (inside

and outside); community cleanup; mopping and vacuuming; steam

cleaning carpet once a year~ cleaning and dusting contact areas; cleaning

and stocking restrooms; and any other duties designated as the Upkeep of

the inside of the Community building or Janitorial duties. Each Community

shall make every effort to maintain and preserve the property and facilities

to which they have been entrusted with by the Nation.

B.

General Maintenance and Reoairs. GSA has an exclusive responsibility to

maintain Chartered Community Buildings and Facilities; thls includes

landscaping, General Maintenance and Repairs, including but not limited

to equipment maintenance, repair and replacement of equipment, and

repair and replacement of items such as doors, locks, windows, carpet

and lighting fixtures. When repairs, are required, the Community shall

contact Community Research & Development, who shall then submit a

work order request to GSNFacilities to make sure that the responsibilities

of the Nation are addressed and resolved.

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NCA 13-008

C.

Renovations and Construction. If the Community desfres to renovate the

facility or construct on the property, the Community shall refer a Request

for Construction Support Services to the Office of Community Research &

Development who shall submit the request to ThbaI Constructicn~ In

accordance with MCNCA Title 28, §7-101 et seq. Thbal Construction shall

determine the cost for said renovation!constructjon and shall forward that

information along with the Community’s Request for Construction Support

Services to the Principal Chief. The Principal Chief shall determine if

he/she wishes to move forward with the project and if so, his/her office

shall prepare the necessary legislation. No renovation/construction shall

commence until approved by the National Council by way of law and

signed by the Principal Chief, The Nation shall be responsible for the

selection of the architect, engineer andior contractor. If the

renovationIconst~c~jc~~n is necessary to ensure the structural integrity of

the Community facility or is necessary for the safety of the Community

membership, the Nation shall pay for the renovation/construction;

otherwise, the Community shall pay for the renovation/construction using

its funds, If the Community pays for the renovation/construction, the

Community shall transfer said funds to the Nation prior to the

commencement of the renovation/c nstruction, The Nation shall be

responsible for oversight and supervision of all renovation/construction,

§4-310.

Vandalism. In the event that the property ls vandalized or damaged due

to criminal activity, the Community shall notify immediately Lighthorse Police of the

incident so that Lighthorse can take a report on the vandalism, The Community shall

also immediately notify GSA/Facilities of the incident. FaHure to immediately notify

Lighthorse will result in the Community being held financially responsible for any

vandalism or damage due to criminal activity,

§4-311,

Inspection, The Nation has the right to inspect the property for

comphance with this Act. Tribal Construction shall inspect the properly at least one (1)

time a year, prior to May of the Fiscal Year, to ensure that the Community is complying

with §4-309 of this Act.. The inspecting entity shall provide at least twa (2) days notice to

the Community of the impending inspection. In the event that deficiencies are found, the

Inspecting entity shall provide GSA/Facilities with written notification of said deficiencies

within seven (7) days of the inspection. In addition, the written notification shall list the

location of the deficiency and possible remedies and solutions to fix the deficiency.

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NCA 13.008

GSNFacilitjes shall correct all deficiencies within a reasonable amount of time. Failure

to properly maintain the property, pursuant to §4-309.A, will result in the Community

being held financially responsible for said costs,

§4312.

Right of Re-Ejfl The Principal Chief retains the right of re-entry upon

the discovery of circumstances involving the endangerment of property, endangerment

of public safety or abandonment of the property. When the Principal Chief finds the

circumstances warrant re-entry, the Principal Chief shall declare an Emergency by

Proclamation and provide notice to the National Council Speaker and the Community

Chairperson.

§4-313.

SeverabIlity. If any provision of this Act is held to be invalid or

unenforceable for any reason by the Muscogee (Creek) Nation District Court, said

provision shall be deemed separable from the remaining provisions of this Act and shall

not affect or impair the validity or enforceability of the remaining provisions of this Act, If

any provision of this Act conflicts with the law of the Muscogee (Creek) Nation, the law

shall control said provision arid shall be deemed separable from the remaining

provisions of this Act and shall not affect or impair the validity or enforceability of the

remaining provisions of this Act.

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

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

Muscogee (Creek) Nation Constitution,

ENACTED by the Muscogee (Creek) National Council on this fl~ day of January.

2015.

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

hereto attached his signature.

Tho s Yahola4oeaker

National Council

Muscogee (Creek) Nation

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NCA 15-008

CERTIFICATJQN

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

Muscctgee (Creek) National Council comprised of Sbcteen members with ~j4~

members attending this meeting on the 2ff day of January, 2015 and that the above is

in conformity with the provisions therein adopted by a vote of li 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.

~S~WRcording&~iaW~

Muscogee (Creek) National Council

APPROVAL

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

/J4 day of

2015 to the above Law, NCA 15-008 authorIzing It to

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

(Creek) Nation.

~

George ~

Muscogee (Creek) Nation