TITLE 22. HEALTH AND SAFETY

Tribal code

Ask Donna

What actually matters in this document.

Text

TITLE 22. HEALTH AND SAFETY

CVFEKNTV HVTVM EMVNVTTECKV

Chapter

Section

1. TRAFFIC CODE. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 1–101

2. PUBLIC SAFETY. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2–101

3. FIRE PROTECTION. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 3–101

4. MUSCOGEE (CREEK) NATION DIVISION OF HEALTH. TTTTTTTTTTTTTTTTTT 4–101

5. MEDICAL ASSISTANCE PROGRAM. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 5–101

6. VISION ASSISTANCE PROGRAM. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 6–101

7. ENVIRONMENTAL PROTECTION. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 7–101

8. REINTEGRATION CODE [RENUMBERED]. TTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 8–101

9. EMERGENCY MANAGEMENT AUTHORITY. TTTTTTTTTTTTTTTTTTTTTTTTTTTTT 9–101

CHAPTER 1.

TRAFFIC CODE

Section

1–101. Driving on Tribal property; driver’s license; traffic law violators.

1–102. Minor operating a motor vehicle.

1–103. Driving a motor vehicle without the consent of the owner.

1–104. Driving without required registration.

1–105. Starting, turning and stopping without regard to safety.

1–106. Speeding.

1–107. Reckless driving.

1–108. Failure to drive on right side of roadway.

1–109. Following too closely.

1–110. Failure to observe school zone.

1–111. Failure to stop for school bus flashing lights.

1–112. Failure to yield right-of-way.

1–113. Driving in violation of court order.

1–114. Duties in event of accident.

1–115. Open receptacle containing alcoholic beverage.

1–116. Requirement of safety seat belt and child restraint system.

1–117. Penalty and punishment.

Cross References

Motor Vehicle Tax and License Code, see Title 36, § 3–101 et seq.

Property subject to forfeiture, see Title 22, § 2–102.

§ 1–101. Driving on Tribal property; driver’s license; traffic law violators

A. No person shall drive a motor vehicle on Tribal property without a valid

driver’s license and insurance verification.

B. Any person who operates a motor vehicle without a valid driver’s license

or whose license has been suspended or revoked shall be fined in accordance

with Title 22, § 1–117.

C. Any person in violation of this chapter shall be escorted off Tribal

property by the Muscogee Nation Lighthorse law enforcement officer.

[NCA 92–26, § 1–100, approved March 4, 1992; amended by NCA 01–164, § 3, approved Sept. 7, 2001.]

499

Title 22, § 1–101

HEALTH AND SAFETY

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–100.

Library References

Automobiles O137.

Indians O223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 59, 62, 67, 73 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 256, 258, 262 to

267, 284 to 285.

§ 1–102. Minor operating a motor vehicle

Any minor person who operates a motor vehicle on the Muscogee (Creek)

Nation territorial jurisdiction must comply with the Nation’s traffic laws. Any

minor violating any traffic law shall be fined in accordance with Title 22,

§ 1–117.

[NCA 92–26, § 1–101, approved March 4, 1992; amended by NCA 01–164, § 4, approved Sept. 7, 2001.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–101.

Library References

Automobiles O145.

Indians O133, 210, 223.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 150, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 286 to 289.

§ 1–103. Driving a motor vehicle without the consent of the owner

No person shall operate a motor vehicle without the consent and knowledge

of the owner of such vehicle.

[NCA 92–26, § 1–102, approved March 4, 1992; amended by NCA 01–164, § 5, approved Sept. 7, 2001.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–102.

Library References

Automobiles O339.

Indians O210, 223.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 1511 to 1523.

§ 1–104. Driving without required registration

No person shall operate a motor vehicle unless such vehicle is properly

registered.

[NCA 92–26, § 1–103, approved March 4, 1992; amended by NCA 01–164, § 6, approved Sept. 7, 2001.]

500

Title 22, § 1–106

TRAFFIC CODE

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–103.

Library References

Automobiles O56, 326.

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 242 to 243, 459,

1422 to 1432, 1524 to 1527, 1541, 1544.

§ 1–105. Starting, turning and stopping without regard to safety

A. No person shall start a vehicle which is stopped, standing, or parked

unless and until such movement can be made with reasonable safety.

B. No person shall turn a vehicle at an intersection unless the vehicle is in

such position on the roadway that such movement can be made with reasonable safety and a signal of intention to turn right or left, when required, has

been given continuously during not less than the last one hundred (100) feet

traveled by the vehicle before turning.

C. No person shall stop or suddenly decrease the speed of the vehicle

without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.

D. The signals herein required shall be given either by means of the

standard hand and arm signals or by mechanical or electrical signal device.

E. Every driver of a vehicle approaching an intersection with a stop sign or

a flashing red light, shall stop on the near side of the intersection or railroad

grade crossing, at the point where he has a view of approaching traffic and

shall not proceed until the intersection is clear.

[NCA 92–26, § 1–104, approved March 4, 1992; amended by NCA 01–164, § 7, approved Sept. 7, 2001.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–104.

§ 1–106. Speeding

A. Every person operating or driving a vehicle of any character on Muscogee (Creek) Nation territorial jurisdiction shall drive in a careful and prudent

manner and at a rate of speed no greater than is reasonable and proper under

the condition existing at the point of operation, taking into account the amount

and character of traffic, brakes, condition of surface, freedom from obstruction

to view ahead and the rights of any other person entitled to the use of the street

or roadway, provided that the speed shall be no greater than the posted speed

limit under any circumstances.

B. Where no special hazard exists that requires lower speed for compliance

with subsection A above, any speed not in excess of the limits specified in this

subsection shall be lawful but it is illegal for any person to drive at any speed in

excess of the limits in this subsection:

501

Title 22, § 1–106

HEALTH AND SAFETY

1. Twenty-five (25) miles per hour in any urban district unless a different

speed limit is posted;

2. 15 miles per hour when passing a school during recess or when children

are coming to or from school during opening or closing hours;

3. 20 miles per hour when approaching within fifty (50) feet of a railroad

grade crossing or highway intersection or when the driver’s view is obstructed

within a distance of one hundred (100) feet.

[NCA 92–26, § 1–105, approved March 4, 1992; amended by NCA 01–164, § 8, approved Sept. 7, 2001.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–105.

Library References

Automobiles O10, 331.

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 38 to 40, 1358, 1435

to 1453.

§ 1–107. Reckless driving

A. Any person who drives a vehicle carelessly and heedlessly or in willful or

wanton disregard of the rights or safety of others or without due caution and

circumspection and at a speed or in a manner so as to endanger or be likely to

endanger any person or property of another has committed reckless driving.

B. Every person found by the court to have violated this section shall be

fined in accordance with Title 22, § 1–117.

C. For the commitment of an offense under this section while under the

influence of liquor, the offender may be sentenced in accordance with Title 22,

§ 1–117.

[NCA 92–26, § 1–106, approved March 4, 1992; amended by NCA 01–164, § 9, approved Sept. 7, 2001.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–106.

Library References

Automobiles O330.

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 1354 to 1362.

§ 1–108. Failure to drive on right side of roadway

A. Upon all roadways of sufficient width, the driver of a vehicle shall drive

upon the right half of the highway except:

1. When overtaking and passing another vehicle proceeding in the same

direction;

2. When the right half of the roadway is closed to traffic while under

construction or repair of sign-posted for one-way traffic or other conditions.

502

Title 22, § 1–110

TRAFFIC CODE

B. No person shall, at any time, drive a vehicle to the left side of the

roadway:

1. When approaching the crest of a grade or upon a curve in the highway

where the operator’s view of the highway is obstructed within such a distance

as to create a hazard in the event another vehicle might approach from the

opposite direction;

2. When approaching within one hundred (100) feet of or traversing any

intersection or railroad grade crossing, or;

3. When the view is obstructed upon approaching within one hundred (100)

feet of any bridge, viaduct or tunnel.

[NCA 92–26, § 1–107, approved March 4, 1992.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–107.

Library References

Automobiles O10, 153, 172.

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 38 to 40, 545, 547 to

553, 556 to 567, 602, 604, 606 to 612, 614,

621, 629 to 652, 690 to 692, 768, 1299.

§ 1–109. Following too closely

The driver of a motor vehicle shall not follow another vehicle more closely

than is reasonable and prudent, having due regard to the speed of such vehicle

and the traffic upon the condition of the roadway.

[NCA 92–26, § 1–108, approved March 4, 1992.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–108.

Library References

Automobiles O10, 172(7).

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 38 to 40, 629 to 630,

633, 639 to 640.

§ 1–110. Failure to observe school zone

Any driver who, drives through a school zone at a greater speed than fifteen

(15) miles per hour shall, upon conviction thereof, be sentenced in accordance

with Title 22, § 1–117.

[NCA 92–26, § 1–109, approved March 4, 1992.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–109.

503

Title 22, § 1–110

HEALTH AND SAFETY

Library References

Automobiles O331.

Indians O210, 223, 226, 620.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 151 to 180.

C.J.S. Motor Vehicles §§ 1358, 1435 to 1453.

§ 1–111. Failure to stop for school bus flashing lights

A. Every driver shall stop before reaching a school bus receiving or discharging school children when flashing lights are in operation and shall not

proceed until the school bus resumes motion or signaled by the driver to

proceed.

B. Any driver failing to stop and wait at such signal shall, upon conviction

thereof, be sentenced in accordance with Title 22, § 1–117.

[NCA 92–26, § 1–110, approved March 4, 1992.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–110.

Library References

Automobiles O333.

Indians O210, 223, 226, 620.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 151 to 180.

C.J.S. Motor Vehicles §§ 1542, 1549 to 1550.

§ 1–112. Failure to yield right-of-way

A. The driver of a vehicle about to enter or cross a highway from a private

drive or road shall yield the right-of-way to all vehicles approaching on the

highway.

B. When two vehicles from different streets enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the rightof-way to the vehicle on the right.

C. The driver of a vehicle within an intersection intending to turn left shall

yield the right-of-way to any vehicle approaching from the opposite direction

which is so close as to constitute an immediate hazard.

D. The driver of a vehicle approaching, but not having entered, an intersection shall yield the right-of-way to a vehicle already within such intersection

and making a left turn, provided the driver of the vehicle turning left has given

a plainly visible signal of intention to turn.

E. 1. Upon the immediate approach of an authorized emergency vehicle

making use of audible or flashing light signals, the driver of every other vehicle

shall yield the right-of-way and shall immediately drive to a position as close as

possible to the right hand edge of the road and stop until the emergency vehicle

has passed.

2. This subsection shall not operate to relieve the driver of an authorized

emergency vehicle from the duty to drive with due regard for the safety of all

persons using the highway.

F. The driver of any vehicle upon a highway within a business or residence

district shall yield the right-of-way to a pedestrian crossing at any marked or

unmarked crosswalk at an intersection.

[NCA 92–26, § 1–111, approved March 4, 1992.]

504

Title 22, § 1–114

TRAFFIC CODE

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–111.

Library References

Automobiles O167(3), 171(4).

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 684 to 692, 729 to

739, 741 to 742, 744 to 746, 748 to 750.

§ 1–113. Driving in violation of court order

Any person whose right to operate a motor vehicle on the Nation’s property

has been suspended by the court and who, within the period fixed by the court’s

order, drives or attempts to drive a motor vehicle in the Muscogee (Creek)

Nation territorial jurisdiction is in contempt of court, and his or her motor

vehicle shall be towed off the Nation’s property at the owner’s expense.

[NCA 92–26, § 1–112, approved March 4, 1992; amended by NCA 01–164, § 10,

approved Sept. 7, 2001.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–112.

§ 1–114. Duties in event of accident

A. The driver of any vehicle involved in as accident resulting in injury to or

death of any person or damage to any vehicle which is driven or attended by

any Indian shall immediately stop at the scene of such accident or as close

thereto as possible, and shall give his name, address and driver’s license

information to the person struck, or the driver, or any person injured in such

accident reasonable assistance, and exchange insurance information with other

driver or person.

B. The driver of any vehicle involved in an accident resulting only in

damage to fixtures or other property legally upon or adjacent to a highway on

Tribal property shall take reasonable steps to locate and notify the owner or

person in charge of such property of the accident and or his name and address

and or the registration number of the vehicle he is driving and shall, upon

request and if available, exhibit his operator’s license.

C. The driver of a vehicle involved in an accident resulting in injury to or

death of any person or property damage to another or others to an apparent

extent of fifty dollars ($50.00) or more shall, as soon as practicable thereafter

give notice of such accident to the Chief of Lighthorse, Law Enforcement

Department.

[NCA 92–26, § 1–113, approved March 4, 1992.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–113.

505

Title 22, § 1–114

HEALTH AND SAFETY

Library References

Automobiles O336.

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 1488 to 1504.

§ 1–115. Open receptacle containing alcoholic beverage

No person shall drink or consume alcoholic beverages in a motor vehicle nor

keep in the vehicle or have in his possession or on his person while in such

vehicle any bottle or receptacle containing alcoholic beverages which has been

opened or the contents of which have been partially consumed.

[NCA 92–26, § 1–114, approved March 4, 1992.]

Historical and Statutory Notes

Derivation

NCA 90–112, § 102, § 2–114.

Library References

Automobiles O332.

Indians O210, 223, 226.

Westlaw Topic Nos. 48A, 209.

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 149, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 1382 to 1394.

§ 1–116. Requirement of safety seat belt and child restraint system

A. Every driver and front seat passenger of a passenger car, included but

not limited to passenger compartment of pickups, vans, minivans, and sport

utility vehicles operated in Muscogee (Creek) Nation territorial jurisdiction

shall wear a properly adjusted and fastened safety seat belt system, required to

be installed in the motor vehicle when manufactured pursuant to 49 C.F.R.

§ 571.208.

B. This section shall not apply to any person who possesses a written

verification from a licensed physician that the person is unable to wear a safety

seat belt system for medical reasons. Provided, the issuance of such verification

by a physician, in good faith, shall not give rise to, nor shall such physician

thereby incur, any liability whatsoever in damages or otherwise, to any person

injured by reason of such failure to wear a safety seat belt system.

C. Every driver, when transporting a child under age of thirty months or

weighing forty pounds or less in a motor vehicle operated in Muscogee (Creek)

Nation territorial jurisdiction, shall provide for the protection of said child by

properly using a child passenger restraint system, which meets the standards as

set by 49 C.F.R. § 571.213.

D. This section shall not apply to an operator of a motor vehicle while

performing official duties as a route carrier of the U.S. Postal Service nor to the

driver of a school or commercial bus, taxicab, motorcycle, or other motor

vehicle not required to be equipped with safety belts pursuant to federal law.

[NCA 92–26, § 1–115, as as amended by NCA 01–164, § 11, approved Sept. 7, 2001.]

Library References

Automobiles O10, 148.

Indians O133, 210, 223, 226.

Westlaw Topic Nos. 48A, 209.

506

Title 22, § 1–117

TRAFFIC CODE

C.J.S. Indians §§ 32 to 35, 57 to 59, 62, 66 to

75, 140 to 150, 161 to 162, 180.

C.J.S. Motor Vehicles §§ 38 to 40, 530 to 536,

588.

§ 1–117. Penalty and punishment

Any person who violates any provision of Title 22, §§ 1–102 through 115 shall

be subject to a civil penalty and fine of not less than fifty dollars ($50.00) nor

more than two hundred fifty dollars ($250.00) for each violation.

[NCA 92–26, § 1–116, approved March 4, 1992; amended by NCA 01–164, § 13,

approved Sept. 7, 2001.]

Cross References

Disorderly conduct, see Title 22, § 2–101.

Property subject to forfeiture, see Title 22, § 2–102.

507

CHAPTER 2.

PUBLIC SAFETY

Section

2–101. Disorderly conduct.

2–102. Property subject to forfeiture.

§ 2–101. Disorderly conduct

A. No person shall, with intent to harass, alarm or annoy another person or

interfere with a commercial enterprise or business activity of the Muscogee

(Creek) Nation or any Board of the Muscogee (Creek) Nation, or in reckless

disregard of the fact that another person is harassed, annoyed or alarmed by

his/her behavior, or in reckless disregard of the fact that a commercial enterprise or business activity of the Muscogee (Creek) Nation or a Board of the

Muscogee (Creek) Nation is suffering or has suffered interference by his/her

behavior:

1.

Engage in fighting, or in violent, tumultuous, or threatening behavior;

2.

Make unreasonable noise;

3. In a public place, use abusive or obscene language, or make an obscene

gesture;

4.

Obstruct vehicular or pedestrian traffic, or the use of a public facility;

5.

Persistently follow another person in or about a public place or places;

6.

Solicit sexual activity while loitering in a public place; or

7. Create a hazardous, physically offensive, or seriously alarming condition

by any act which serves no legitimate purpose; or

8. Appear in a public place or building or any public gathering while being

intoxicated by illegal drugs, alcohol, inhalants or other mind-altering substance; or

9. Possess, use or distribute or attempt to distribute any illegal drug or

intoxicating liquor as defined in the Muscogee (Creek) Nation Criminal Offenses Code; or

10. Solicit to sale items of merchandise without prior authorization of the

Muscogee (Creek) Nation.

B. Every person found by the District Court in violation this section shall be

fined in accordance with Title 22, § 1–117 and in addition to the civil fines, the

violator may be delivered to the custody of federal or state law enforcement

officers, or reported to such officers for prosecution under applicable federal or

state law, as the case may be.

[NCA 01–164, § 13, approved Sept. 7, 2001.]

Cross References

Criminal disorderly conduct, see Title 14, § 2–903.

Definition of ‘‘illegal drug,’’ see Title 14, § 2–101.

Illegal drugs, criminal offenses, see Title 14, § 2–701 et seq.

Intoxicating liquor, criminal offenses, see Title 14, § 2–708.

508

Title 22, § 2–102

PUBLIC SAFETY

Library References

Disorderly Conduct O102.

Westlaw Topic No. 129.

C.J.S. Disorderly Conduct §§ 1 to 4.

§ 2–102. Property subject to forfeiture

A. Any person who possesses, transports, carries or causes to be carried any

illegal drug or intoxicating liquor as defined in the Muscogee (Creek) Nation

Criminal Offenses Code on property owned by Muscogee (Creek) Nation or any

Board of the Muscogee (Creek) Nation or under the jurisdiction of by the

Muscogee (Creek) Nation in addition to the civil fines under Title 22, § 1–117,

the following personal property of said violator shall be subject to forfeiture:

1. All controlled dangerous substances which have been manufactured,

distributed, dispensed, acquired, concealed or possessed in violation of the

Muscogee (Creek) Nation Criminal Offenses Code;

2. All raw materials, products and equipment of any kind and all drug

paraphernalia as defined by applicable federal or Muscogee (Creek) Nation law

which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled dangerous substance in

violation of applicable federal or Muscogee (Creek) Nation law;

3. All property which is used, or intended for use, as a container for

property described in paragraphs 1 and 2 of this subsection;

4. All conveyances, including aircraft, vehicles, vessels, or farm implements

which are used to transport or conceal for the purpose of distribution, or which

are used in any manner to facilitate the transportation for purpose of sale or

receipt of property described in paragraph 1 or 2 of this subsection or when the

property described in paragraph 1 or 2 of this subsection is unlawfully possessed by an occupant thereof, except that:

a. No conveyance used by a person as common carrier in the transaction of

business as a common carrier shall be forfeited under the provisions of this Act

unless it shall appear that he owner or other person in charge of such

conveyance was a consenting party or privy to a violation of either the

Muscogee (Creek) Nation Criminal Offenses Code and/or this chapter, and

b. No conveyance shall be forfeited under the provisions of this section by

reason of any act or omission established by the owner thereof to have been

committed or omitted without the knowledge or consent of such owner, and if

the act is committed by any person other than such owner the owner shall

establish further that the conveyance was unlawfully in the possession of a

person other than the owner in violation of the criminal laws of the Muscogee

(Creek) Nation, United States, or of any state or Tribe;

5. All books, records and research, including formulas, microfilm, tapes and

data which are used in violation of applicable federal or Muscogee (Creek)

Nation law;

6. All things of value furnished, or intended to be furnished, in exchange for

a controlled dangerous substance in violation of applicable federal or Muscogee

(Creek) Nation law, all proceeds traceable to such an exchange, and all monies,

509

Title 22, § 2–102

HEALTH AND SAFETY

negotiable instruments, and securities used, or intended to be used, to facilitate

any violation of either federal law or the Muscogee (Creek) Criminal Offenses

Code;

7. All moneys, coin and currency found in close proximity to forfeitable

substances, to forfeitable drug manufacturing or distribution paraphernalia or

to forfeitable records of the importation, manufacture or distribution of substances, which are rebuttably presumed to be forfeitable under the laws of the

Muscogee (Creek) Nation. The burden of proof is upon claimants of the

property to rebut this presumption;

8. All weapons possessed, used or available for use in any manner to

facilitate a violation of applicable federal or Muscogee (Creek) Nation law.

B. All items forfeited in this section be forfeited under the procedures

established under the Muscogee (Creek) shall Nation Judicial Procedures Code.

Whenever any item is forfeited pursuant to this section, the district court shall

order that any money or monies derived from the sale of such item be deposited

in a revolving fund, with the proceeds of an forfeiture of items seized to be used

for law enforcement purposes as approved by the Lighthorse Chief, Attorney

General, Controller and the Principal Chief. At the request of the Lighthorse

Chief, the District Court may order that proceeds be divided between the

Nation and one (1) or more assisting law enforcement agencies. The District

Court may also order that items seized may be used by Lighthorse rather than

sold at a public sale.

[NCA 01–164, § 14, approved Sept. 7, 2001; amended by NCA 04–131, § 2, eff. Oct. 01,

2004.]

Cross References

Criminal offenses, see Title 14, § 2–101 et seq.

Illegal drugs, criminal offenses, see Title 14, § 2–701 et seq.

Library References

Controlled Substances O164, 176.

Indians O274, 278, 323.

Westlaw Topic Nos. 96H, 209.

C.J.S. Drugs and Narcotics §§ 238 to 244,

249 to 254, 257 to 260.

C.J.S. Indians §§ 177 to 188, 191 to 194.

510

CHAPTER 3.

FIRE PROTECTION

Subchapter

1. Agreements or Compacts

2. Rural Volunteer Fire Departments

SUBCHAPTER 1.

AGREEMENTS OR COMPACTS

Section

3–101. Authorization.

Historical and Statutory Notes

NCA 92–44, § 101, provides:

‘‘Section 101. The Muscogee National Council finds that:

‘‘A. The Muscogee Nation, as a sovereign

nation, has the sole responsibility to safeguard

its citizens and property from harm and destruction while on tribal and/or trust lands.

‘‘B. The Muscogee Nation does not have the

equipment, manpower or expertise to adequately fight fires on tribal and/or trust lands.

‘‘C. Because of its vast holdings of land and

real property throughout the eight (8) districts

of the Muscogee Nation, it would not be economically feasible for the Muscogee Nation to

implement or organize its own fire department

at this time.

‘‘D. Jurisdictional and liability issues deter

local entities from providing police and fire

protection on tribal and/or trust lands.

‘‘E. The State of Oklahoma does not provide

these services to tribal and/or trust lands.’’

Cross References

Budget, fire protection, see Title 37, § 2–103.

§ 3–101. Authorization

A. The Muscogee National Council authorizes the Principal Chief, or his

designee, to negotiate and enter into an agreement/compact with municipal,

county or rural fire districts for fire protection on Tribal and/or trust lands, or

Indian-owned lands throughout the Muscogee (Creek) Nation.

B. The fee negotiated shall be consistent with the fees charged by the

respective fire districts for fire protection on non-restricted lands.

[NCA 92–44, § 102, approved April 1, 1992; amended by NCA 96–79, § 103, approved

Oct. 2, 1996.]

Library References

Indians O210, 216.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

SUBCHAPTER 2.

RURAL VOLUNTEER FIRE DEPARTMENTS

Section

3–201. Definitions.

3–202. Eligibility.

3–203. Applications.

3–204. Limitation on grants.

3–205. Approval.

511

Title 22, § 3–201

HEALTH AND SAFETY

Cross References

Budget, rural volunteer fire department assistance, see Title 37, § 2–113.

§ 3–201. Definitions

A. Fire fighting equipment shall mean any necessary equipment, tools,

supplies, or provisions for the purpose of this subchapter.

B. New construction shall mean an original or new building built on site.

New construction funds are not to be used to add additional structures to an

existing building or on a new site. The intent of new construction funds are to

assist those departments that do not currently have a structure in place.

C. Maintenance or improvements shall mean any equipment, tools, vehicles,

etc. necessary to enable the rural fire departments to improve and maintain the

upkeep of the Rural Fire stations/houses.

D. Rural volunteer fire departments shall mean recognized fire fighting

organizations that exist to assist rural areas in fire fighting and fire prevention.

[NCA 96–66, § 102, approved Sept. 4, 1996. Amended by NCA 07–008, § 1, eff. Feb. 1,

2007.]

Library References

Indians O210.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 3–202. Eligibility

Rural volunteer fire departments which have received ANY funding for fire

fighting purposes from the Nation ARE NOT eligible to apply for and are not to

receive funds for a period of three (3) years from the funding date.

[NCA 96–66, § 103, approved Sept. 4, 1996.]

§ 3–203. Applications

A. Rural volunteer fire departments must submit a proposal to the Tribal

Affairs Committee of the National Council for (1) new construction or (2)

firefighting equipment or (3) maintenance or improvements. Funding for new

construction is limited to five thousand dollars ($5,000). Funding for fire

fighting equipment is two thousand dollars ($2,000). Funding for maintenance

or improvement is limited to five thousand dollars ($5,000).

B. Rural volunteer fire departments must submit a ‘‘Certificate of Incorporation.’’

C. Rural volunteer fire departments must submit a ‘‘Certificate of Self

Insurance’’ or equivalent verification of insurance.

D. Upon receiving a rural volunteer fire department grant, the grant recipient must agree to waive the annual fee(s) for all Creek citizens that reside

within the rural fire department district.

[NCA 94–66, § 103, approved Sept. 4, 1996; amended by NCA 03–194, § 1, approved

Nov. 3, 2003; NCA 07–280, § 2, eff. Nov. 7, 2007.]

512

Title 22, § 3–205

FIRE PROTECTION

Library References

Indians O210, 227.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72, 76.

§ 3–204. Limitation on grants

Rural volunteer fire departments may receive no more than five thousand

dollars ($5,000) assistance per request. A newly formed rural volunteer fire

department would NOT receive new construction and fire fighting equipment

funds collectively.

[NCA 96–66, § 103, approved Sept. 4, 1996.]

§ 3–205. Approval

The Tribal Affairs Committee of the National Council shall forward approved

proposals to the Chief’s office after verifying pertinent information contained

within the applications.

[NCA 96–66, § 103, approved Sept. 4, 1996.]

513

CHAPTER 4. MUSCOGEE (CREEK)

NATION HEALTH SYSTEMS

Section

4–101. Purpose.

4–102. Definitions.

4–103. Muscogee (Creek) Nation Division of Health.

4–104. Muscogee (Creek) Nation Health System Board of Directors.

4–105. Division of Health Director.

4–106. Controller.

4–107. Planning and organization.

4–108. Administration of Division of Health.

4–109, 4–110. Repealed.

4–111. Funding compacts, contracts, and grants.

4–112. Patient care standards; patient complaints; personal injury and wrongful death

claims.

4–113. Funding and agreements.

4–114, 4–115. Repealed.

4–116. Muscogee (Creek) Nation Okemah Community Hospital Board of Directors.

4–117 to 4–121. Repealed.

4–122 to 4–124. Renumbered.

Table of Prior Statutes

Former Section

New Sections

4–101 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–101

4–102 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–106

4–103 TTTTTTTTTTTTTTTTTTTTTTTTTT 4–103, 4–110

4–104 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–110

4–105 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT none

4–106 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104

4–107 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–108

4–108 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–109

4–109 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–112

4–110 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104

4–111 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–111

4–112 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104

Former Section

New Sections

4–113 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT none

4–114 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–104

4–115 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–105

4–116 TTTTTTTTTTTTTTTTTTTTTTTTTT 4–108, 4–112

4–117 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–112

4–118 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–108

4–119 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–112

4–120 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT none

4–121 TTTTTTTTTTTTTTTTTTT 4–108, 4–109, 4–110

4–122 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–113

4–123 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–114

4–124 TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 4–115

United States Code Annotated

Indian health care, see 25 U.S.C.A. § 1611 et seq.

§ 4–101. Purpose

The purpose of this chapter is to establish the framework for the planning,

organization, policy, administration, management and operation of the Muscogee (Creek) Nation Division of Health.

[NCA 04–004, § 102, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

Historical and Statutory Notes

Derivation:

NCA 92–88, § 103; repealed by NCA 94–10,

§ 116.

NCA 88–79, § 101; amended by NCA 89–104,

§ 102; repealed by NCA 92–88, § 107.

Title 22, § 4–102, added by NCA 94–10,

§ 103; and replaced by NCA 04–004, § 2. Said

§ 4–102 was derived from NCA 88–79, § 102;

amended by NCA 89–104, § 103; and repealed

by NCA 92–88, § 107.

Former section:

Former § 4–101, which established the Muscogee (Creek) Nation Health Systems Board,

514

Title 22, § 4–103

DIVISION OF HEALTH

was added by NCA 94–10, § 102 and repealed

by NCA 04–004, § 2.

Library References

Indians O210.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 4–102. Definitions

A. ‘‘Controller’’ means the Muscogee (Creek) Nation Controller.

B. ‘‘CMO’’ means the Chief Medical Officer of the Muscogee (Creek) Nation

Division of Health.

C. ‘‘Director’’ means the Director of the Muscogee (Creek) Nation Division

of Health.

D. ‘‘Division of Health’’ means the Muscogee (Creek) Nation Division of

Health.

E. ‘‘Health Administrator’’ means the administrator of the Division of

Health hospitals, clinics and other facilities that provide health care.

F. ‘‘Nation’’ means the Muscogee (Creek) Nation.

G. ‘‘Personnel’’ means all employees including IHS contractual employees

and contractors, except Muscogee (Creek) Nation Okemah Community Hospital

Board members.

[NCA 04–004, § 103, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

Historical and Statutory Notes

Derivation:

NCA 88–79, § 102; amended by NCA 89–104,

§ 103; repealed by NCA 92–88, § 107.

Title 22, § 4–103, added by NCA 94–10,

§ 104, and repealed by NCA 04–004, § 2. Said

§ 4–103 was derived from NCA 88–79, § 103;

repealed by NCA 92–88, § 107.

Former section:

Former § 4–102, which stated the purpose of

the Muscogee (Creek) Nation Health Systems

Board, was added by NCA 94–10, § 103 and

repealed by NCA 04–004, § 2.

Library References

Health O100, 350.

Indians O210.

Westlaw Topic Nos. 198H, 209.

C.J.S. Drugs and Narcotics §§ 14, 22.

C.J.S. Health and Environment §§ 1 to 2, 70.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 4–103. Muscogee (Creek) Nation Division of Health

The Muscogee (Creek) Nation Division of Health shall be a division within the

Executive Branch of the Muscogee (Creek) Nation in accordance with Title 16,

§ 1–102 of the Muscogee (Creek) Nation Code Annotated Laws established to

provide inpatient, outpatient and emergency health care, rehabilitative services,

and other health-related services within the boundaries of the Nation to citizens

of the Nation and other health consumers. The Division of Health shall consist

of a comprehensive health care delivery system, including hospitals, clinics,

Community Health Representatives Program, food nutrition and other special

health projects, programs and associated activities.

[NCA 04–004, § 104, eff. April 1, 2004; amended by NCA 09-028, § 1, eff. Feb. 13,

2009.]

515

Title 22, § 4–103

HEALTH AND SAFETY

Historical and Statutory Notes

Derivation

NCA 88–79, § 103; repealed by NCA 92–88,

§ 107.

Former section:

Former § 4–103, which provided definitions,

was added by NCA 94–10, § 104 and repealed

by NCA 04–004, § 2.

Library References

Health O100, 350.

Westlaw Topic No. 198H.

C.J.S. Drugs and Narcotics §§ 14, 22.

C.J.S. Health and Environment §§ 1 to 2, 70.

§ 4–104. Muscogee (Creek) Nation Health System Board of Directors

A. Health System Board of Directors. The Muscogee (Creek) Nation

Health System Board of Directors is established for the performance of planning functions, establishment of policies and procedures and oversight and

governance of the Health System.

B. Composition, appointments, confirmations, and terms. The Board shall

be composed of five (5) positions filled by citizens of the Muscogee (Creek)

Nation with staggered terms as follows:

1. Position One. The citizen of the Muscogee (Creek) Nation filling this

term shall be a person that is a consumer of the Health System who is not a

health professional and who can offer a consumer perspective regarding

consumer health needs and issues. This position shall be nominated by the

Principal Chief with confirmation by the National Council. This position shall

have a term of two (2) years beginning January 2, 2007, without holdover, and

each new term shall begin on January 2 of the year ending the prior term.

2. Position Two. The citizen of the Muscogee (Creek) Nation filling this

term shall be a person that is a consumer of the Health System who is not a

health professional and who can offer a consumer perspective regarding

consumer health needs and issues. This position shall be nominated by the

Community Services and Cultural Committee of the National Council of the

Muscogee (Creek) Nation and with confirmation by the National Council. This

position shall have a term of three (3) years beginning January 2, 2007, without

holdover, and each new term shall begin on January 2 of the year ending the

prior term.

3. Position Three. The citizen of the Muscogee (Creek) Nation filling this

term shall be a person with knowledge and experience in business administration, finance and budgets. This position shall be nominated by the Principal

Chief with confirmation by the National Council. This position shall have a

term of three (3) years beginning January 2, 2007, without holdover, and each

new term shall begin on January 2 of the year ending the prior term.

4. Position Four. The citizen of the Muscogee (Creek) Nation filling this

term shall be a person with knowledge and experience in business administration, finance and budgets. This position shall be nominated by the Community

Services and Cultural Committee of the National Council of the Muscogee

(Creek) Nation and with confirmation by the National Council. This position

shall have a term of two (2) years beginning January 2, 2007, without holdover,

and each new term shall begin on January 2 of the year ending the prior term.

516

DIVISION OF HEALTH

Title 22 § 4–104

5. Position Five. The citizen of the Muscogee (Creek) Nation filling this

term shall be a person possessing knowledge and experience of operational

functions of hospitals and clinics. This position shall be nominated by the

Community Services and Cultural Committee of the National Council of the

Muscogee (Creek) Nation and with confirmation by the National Council. This

position shall have a term of two (2) years beginning January 2, 2007, without

holdover, and each new term shall begin on January 2 of the year ending the

prior term.

6. Upon the establishment of a vacancy due to a removal, death or resignation of the Board Member, a qualified person may be appointed to serve the

remainder of that member’s term; provided that the Principal Chief shall have

the power to temporarily fill vacancies on the Board by granting commissions

which shall expire at the beginning of the next National Council meeting in

accordance with the Muscogee (Creek) Nation Constitution Article V, § 2(c).

No such commission shall be valid unless in writing and delivered to the

National Council office.

C. Ex-officio member. The Community Services and Cultural Committee

shall elect one (1) Committee member to serve as an ex-officio to the Board in

order to act as a liaison between the Board and the National Council. The exofficio member may participate in discussions at Board meetings, but may not

be counted for purposes of a quorum and may not make motions or vote at said

meetings. The Community Services and Cultural Committee shall also elect

one Committee member to serve as an alternate for the purpose of attending

Board meetings if and when the ex-officio is unable to attend such meetings.

D. Bylaws. The Board shall adopt by-laws related to the organization of

the Board, internal operations of the Board, election of Board officers, Board

meetings and the appointment of committees as necessary to affect the discharge of Board responsibilities. The Board shall review said bylaws annually

and amend them as necessary.

E.

Meetings of the Board; election of officers; open meetings requirements

1. Regular meetings of the Health Board shall occur monthly at a designated place within the jurisdiction of the Muscogee (Creek) Nation. The date and

time of such regular meetings shall be set by the Chairman, provided that

proper notice is given according to the provisions herein. The Board shall

adopt procedures governing its meetings, which shall address, among other

matters, that election of a Chairman and a Vice Chairman of the Board.

2. The Chairman (or in his or her absence, the Vice–Chairman) shall give

notice of the time and place of any regular monthly meeting of the Health

Board in writing to each Board member, the Principal Chief, the Speaker of the

National Council, at least forty-eight (48) hours before such meeting. Service

of said notice may be effected by first class U.S. mail, facsimile, and shall be

effective on the date of delivery to the official entitled to such notice or to the

office of said official’s regular place of business or facsimile transmission; or,

in the case of notice sent by U.S. mail, one (1) day after the notice, in a properly

addressed envelope with sufficient postage thereon, is deposited in the U.S.

mail. The date of the postmark on such envelope shall be conclusive evidence

of its date of deposit in the U.S. mail. In addition, such notice of the regular

517

Title 22 § 4–104

HEALTH AND SAFETY

monthly meeting shall be posted in each of the Nation’s health facilities at least

forty-eight (48) hours before such regular meeting.

3. Special meetings of the Health Board may be held when circumstances

require such a meeting. Special meetings may be called by the Chairman, or

by a majority of the Board. Notice of special meetings shall be given in the

same manner as in regular meetings.

4. Emergency meetings may only be held in the most extraordinary circumstances. Emergency meetings may be called by giving telephone or facsimile

notice to each member of the Board, the Principal Chief and the Speaker of the

National Council, provided that no action in an emergency meeting shall have

any valid or binding effect unless ratified at the next regular or special meeting

of the Health Board.

5. All meetings of the Health Board shall require a majority of the Board

members to be present to constitute a quorum and conduct business.

6. All meetings of the Health Board shall be public meetings and therefore

open to the public, except for executive sessions. The Board may exclude any

person from an executive session except the Principal Chief, Second Chief, any

National Council Member, or Attorney General or Assistant Attorney General of

the Muscogee (Creek) Nation. The Board may go into executive session only

to: (1) discuss personnel matters of medical privilege or patient confidentiality,

or matters of confidentiality that relate to one or more specific employees, or,

(2) meet and consult with the Board’s attorney on confidential legal matters.

All other matters shall be discussed audibly to all persons in the room in open

session. Executive sessions may only be held after they have been posted as an

item on the agenda for the meeting in which the executive session is held. The

general subject of the executive session must be described in the posted agenda,

and no action by the Board may occur in executive session. It shall be

unlawful for any person present in a meeting held in executive session to make

public, or otherwise disclose or describe to any person not so present, any

discussion or statements made during such executive session. Violation of any

of the open meetings requirements of this provision shall constitute a criminal

offense punishable by up to a five hundred dollar ($500.00) fine and a violator

may be banned from attending any further Board meetings.

7. Notice of meetings of the Health Board, either regular or special, shall

contain an agenda which describes each item of business to be conducted.

There may be an agenda item for new business which shall only be for

gathering of the Board to discuss Health Board business shall be considered a

meeting subject to the requirements stated herein.

8. Minutes of all meetings of the Health Board, other than meetings or

portions thereof held in executive session, shall be kept by a recording secretary. In addition thereto, an audio recording of all meetings shall be made,

except for that part of the meeting in executive session.

9. Any action taken by the Board during a meeting convened or held in

violation of this subsection shall be null and void.

F. Stipends. Board members may receive a stipend for their services in an

amount not to exceed five hundred and no/100 dollars ($500.00) a month plus

518

Title 22 § 4–104

DIVISION OF HEALTH

telephone and mileage reimbursement in accordance with a mileage policy

established by the Board, in those circumstances where Board members are

required to drive their personal vehicles to places other than the Board office

for Board business. The ex-officio Board member may receive mileage from

the National Council budget in accordance with any applicable National

Council Policies and Procedures.

G. Removal. Any Board member may be removed in accordance with Title

31, § 1–101 et seq., of the Muscogee (Creek) Nation Code of Laws or any other

applicable laws of the Nation; provided that a member’s failure to attend three

(3) consecutive scheduled meetings of the Health System Board by a member

shall constitute an automatic removal.

H. Orientation and training. An annual orientation of the Board shall be

provided by the Chief Executive Officer (CEO) in areas of programs and

policies, federal regulations, budgets, state certification requirements and other

needed information for continuity and quality health care to citizens of the

Muscogee (Creek) Nation and other health consumers. All Board members

shall receive a minimum of sixteen (16) hours per year of Board training as

arranged by the CEO. Documentation of the Board training shall be on file at

the Health System administrative office.

[NCA 04–004, § 105, eff. April 1, 2004; amended by NCA 06–215, §§ 1 and 2, eff. Nov.

6, 2006.]

Historical and Statutory Notes

Derivation

NCA 88–79, § 105; amended by NCA 89–58,

§ 100; repealed by NCA 92–88, § 107.

Derivation:

Title 22, § 4–101, added by NCA 94–10,

§ 102, and repealed by NCA 04–004, § 2. Said

§ 4–101 was derived from NCA 88–79, § 101;

amended by NCA 89–104, § 102; and repealed

by NCA 92–88, § 107; and NCA 92–88, § 103;

repealed by NCA 94–10, § 116. Title 22,

§ 4–104, added by NCA 94–10, § 105; amended

by NCA 94–90, § 102; NCA 95–78, § 103; NCA

96–106, § 102; NCA 01–221, § 1; and repealed

by NCA 04–004, § 2. Said § 4–104 was derived

from NCA 88–79, § 105; amended by NCA

89–58, § 100; and repealed by NCA 92–88,

§ 107. Title 22, § 4–105, added by NCA 94–10,

§ 105, and repealed by NCA 04–004, § 2. Title

22, § 4–106, added by NCA 94–10, § 106, and

repealed by NCA 04–004, § 2. Title 22,

§ 4–110, added by NCA 94–10, § 109, and repealed by NCA 04–004, § 2.

Said § 4–110

was derived from NCA 88–79, § 107, and repealed by NCA 92–88, § 107. Title 22, § 4–112,

added by NCA 94–10, § 113, and repealed by

NCA 04–004, § 2. Said § 4–112 was derived

from NCA 88–79, § 107, and repealed by NCA

92–88, § 107. Title 22, § 4–114, added by NCA

94–10, § 113, and repealed by NCA 04–004,

§ 2. Said § 4–114 was derived from NCA

88–79, § 107, and repealed by NCA 92–88,

§ 107.

Former sections:

Former § 4–104, which described the composition of the Muscogee (Creek) Nation Health

Services Board of Directors, was added by NCA

94–10, § 105; amended by NCA 94–90, § 102;

NCA 95–78, § 103; NCA 96–106, § 102; NCA

01–221, § 1; and repealed by NCA 04–004, § 2.

Cross References

Juvenile adjudication not to disqualify from employment or office, see Title 6, § 1–404.

Library References

Administrative Law and Procedure O124.

Health O361.

Indians O215.

Westlaw Topic Nos. 15A, 198H, 209.

C.J.S. Health and Environment §§ 7 to 27, 44

to 45, 65 to 73, 77 to 83, 98 to 100.

C.J.S. Indians § 59.

C.J.S. Public Administrative Law and Procedure §§ 32 to 35.

519

Title 22, § 4–105

HEALTH AND SAFETY

§ 4–105. Division of Health Director

The Division of Health shall be administered by a Director, who shall

supervise, direct and monitor the day-to-day work and activities of the Division

of Health consistent with the duties and authorities of the Director established

by this act. The Director shall be appointed by the Principal Chief and

confirmed by the National Council by duly enacted Tribal Resolution. The

term of the Director shall run with the term of the Principal Chief and there

shall be no holdover.

[NCA 04–004, § 106, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

Historical and Statutory Notes

Derivation:

Title 22, § 4–115, added by NCA 94–10,

§ 113, and repealed by NCA 04–004, § 2. Said

§ 4–115 was derived from NCA 88–79, § 107;

and repealed by NCA 92–88, § 107.

Former section:

Former § 4–105, which provided for the compensation of Muscogee (Creek) Nation Health

Systems Board members, was added by NCA

94–10, § 105 and repealed by NCA 04–004, § 2.

Library References

Indians O210.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 4–106. Controller

The Controller shall be responsible for the fiscal affairs of the Division of

Health, subject to generally accepted accounting principles, the Governmental

Accounting Standards Board rules and regulations and consistent with the

Controller’s fiduciary responsibility to the Muscogee (Creek) Nation.

[NCA 04–004, § 107, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

Historical and Statutory Notes

Former section:

Former § 4–106, which required an annual

orientation of the Muscogee (Creek) Nation

Health Systems Board, was added by NCA

94–10, § 106 and repealed by NCA 04–004, § 2.

Library References

Indians O210.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 4–107. Planning and organization

The Director shall develop an organizational structure identifying the purposes of each unit within the Division of Health for the comprehensive service

system for the delivery of health care services to meet the health care needs of

its consumers, shall provide the organizational plan to the Principal Chief for

review and approval and periodically review said organizational plan as needed. The Director shall be responsible for guiding, directing and managing all

approved organizational changes within the Division of Health, ensuring that

the organizational changes are consistent with the Division of Health mission,

520

Title 22, § 4–108

DIVISION OF HEALTH

and ensuring consistency between the organizational plan and Division of

Health policies and procedures.

[NCA 04–004, § 108, eff. April 1, 2004; NCA 09–028, § 1, eff. Feb. 13, 2009.]

Historical and Statutory Notes

Derivation:

NCA 92–88, § 104; repealed by NCA 94–10,

§ 116.

NCA 88–79, § 106; repealed by NCA 92–88,

§ 107.

Health Systems to the Health Division Director

and authorized the Board to establish cost rates,

was added by NCA 94–10, § 108; amended by

NCA 95–78, § 103; NCA 98–80, § 102; and

repealed by NCA 04–004, § 2.

Former section:

Former § 4–107, which assigned administrative duties for the Muscogee (Creek) Nation

Cross References

Juvenile adjudication not to disqualify from employment or office, see Title 6, § 1–404.

Library References

Health O361.

Indians O210.

Westlaw Topic Nos. 198H, 209.

C.J.S. Health and Environment §§ 7 to 27, 44

to 45, 65 to 73, 77 to 83, 98 to 100.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 4–108. Administration of Division of Health

A. Policies and procedures. The Division of Health shall adhere to the

policies and procedures of the Nation. In addition, the Director shall prepare

necessary administrative policies and procedures for the effective operation of

health programs and services and for compliance with contractual and regulatory requirements, including policies and procedures involving organization,

procurement, contract health services, facilities management, planning, information resources management, records management, emergency preparedness,

medical billing, communications, patient registration and any other areas

related to the operation of the Division of Health. All policies and procedures

of the Division of Health existing as of the effective date of this Act shall remain

in full force and effect until such time as such policies and procedures are

amended or replaced in accordance with this act; provided that the provisions

of this act shall be controlling over any inconsistent policies and procedures of

the Division of Health.

B. Signatory authority. The Director shall have the authority to approve

contracts dealing with the day-to-day operations of the Division of Health and

shall have the authority to approve contracts for goods and services of the

Division of Health. However, only the Principal Chief shall have the authority

to execute contract(s) relating to construction, renovation, property purchases

and contract(s) wherein a limited waiver of the Nation’s sovereign immunity is

contained in said document; provided further that said waiver has been

specifically approved by the National Council by duly enacted Tribal Resolution.

C. Personnel.

1. Hiring and termination. The Director shall be responsible for the hiring

and termination of Division of Health personnel in accordance with personnel

policies and procedures of the Nation, including the hiring of Health Adminis521

Title 22, § 4–108

HEALTH AND SAFETY

trator(s); provided that all employment contracts shall be subject to review by

the Attorney General. The CMO shall be responsible for the granting of

hospital privileges. The Director shall determine the personnel needs of the

Division of Health. All Health employees shall become Muscogee (Creek)

Nation employees no later than October 1, 2009. Health employees’ benefits,

including accrued annual leave, accrued sick leave, insurance and retirement

benefits shall remain intact; provided that the Controller is not authorized to

expend or obligate funds related to transfer of employee benefits unless such

funds were expressly appropriated or obligated for such purposes as of October

1, 2009.

2. Supervision. The Director shall report directly to the Executive Director.

The Director shall maintain supervision over all personnel in accordance with

the chain of command established by the organizational structure approved by

the Principal Chief.

D. Transfer of funds and securities. No later than October 1, 2009, the

Health Systems shall transfer all funds and securities held in Health Systems

accounts, to one or more qualified accounts held by the Nation in accordance

with the instructions of the Nation’s Controller. The Health Systems shall

prepare, execute and deliver any and all documents, forms, account agreements

or other instruments that may be required to complete the transfer.

E. Other actions related to transfer of health systems functions. The Principal Chief is authorized to execute leases and lease assignments of Health

Systems office sites, equipment leases, equipment maintenance agreements and

such other documents necessary for the transfer to the Division of Health,

including those containing waivers of sovereign immunity provided they were

previously approved by way of Tribal Resolution.

[NCA 04–004, § 109, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

Historical and Statutory Notes

Derivation:

NCA 88–79, § 104; repealed by NCA 92–88,

§ 107.

Title 22, § 4–107, added by NCA 94–10,

§ 108; amended by NCA 95–78, § 103; NCA

98–80, § 102; and repealed by NCA 04–004,

§ 2. Said § 4–107 was derived from NCA

88–79, § 106; repealed by NCA 92–88, § 107;

and derived from NCA 92–88, § 104; repealed

by NCA 94–10, § 116. Title 22, § 4–116, added

by NCA 94–10, § 113 and repealed by NCA

04–004, § 2. Said § 4–116 was derived from

NCA 88–79, § 107; and repealed by NCA 92–88,

§ 107. Title 22, § 4–118, added by NCA 94–10,

§ 113, and repealed by NCA 04–004, § 2. Said

§ 4–118 was derived from NCA 88–79, § 107;

and repealed by NCA 92–88, § 107. Title 22,

§ 4–121, added by NCA 94–10, § 115; amended

by NCA 01–221, § 2; and repealed by NCA

04–004, § 2. Said § 4–121 was derived from

NCA 92–88, § 106, and repealed by NCA 94–10,

§ 116.

Former section:

Former § 4–108, which established the Muscogee (Creek) Nation Health Systems Board’s

jurisdiction over funds secured and related personnel and activities, was added by NCA 94–10,

§ 109 and repealed by NCA 04–004, § 2.

Library References

Health O361.

Indians O210.

Westlaw Topic Nos. 198H, 209.

C.J.S. Health and Environment §§ 7 to 27, 44

to 45, 65 to 73, 77 to 83, 98 to 100.

C.J.S. Indians §§ 57 to 59, 66 to 72.

522

Title 22, § 4–111

DIVISION OF HEALTH

§§ 4–109, 4–110. Repealed by NCA 09–028, § 1, eff. Feb. 13, 2009

Historical and Statutory Notes

Repealed Title 22, § 4–109, relating to fiscal

affairs of the Health System, was derived from:

Title 22, § 4–108, as added by NCA 88–79,

§ 104.

Title 22, § 4–1212, as added by NCA 92–88,

§ 106.

Title 22, § 4–108, as added by NCA 94–10,

§ 109.

Title 22, § 4–121, as added by NCA 94–10,

§ 115.

A prior § 4–109, which required the Muscogee (Creek) Nation Health Systems Board to

maintain system standards, was added by NCA

94–10, § 109 and repealed by NCA 04–004, § 2.

Repealed Title 22, § 4–110, relating to reports, was derived from:

Title 22, § 4–121, as added by NCA 92–88,

§ 106.

Title 22, § 4–121, as added by NCA 94–10,

§ 115 and amended by NCA 01–221, § 2.

A prior § 4–110, relating to open meetings

was added by NCA 94–10, § 109 and repealed

by NCA 04–004, § 2.

§ 4–111. Funding compacts, contracts, and grants

A. Federal self-government contracts, self-governance compact and annual

funding agreements. The Controller and the Director shall provide technical

assistance to the Principal Chief in the Principal Chief’s negotiations with

federal government representatives for all self-government contracts and modifications, self-governance compacts and modifications, and annual funding

agreements, each of which shall be subject to approval of the National Council

by Tribal Resolution.

B. Other grant funds. The Principal Chief may authorize the Director to

submit proposals to other federal and non-federal funding entities for the

delivery of health service programs, including inpatient, outpatient and emergency care; provided that a standard form summarizing such proposal shall be

provided to the Principal Chief within ten (10) days of submission to the

potential funding source, for informational purposes only. No funds shall be

sought, applied for or otherwise received which do not apply directly to

carrying out the functions of the Division of Health. Upon award of a grant,

the Director is authorized to execute any necessary documents accepting said

grant; however, the grant budget award must be appropriated by law before

any grant funds are expended by the Division of Health. The Director shall

then have the authority to approve the expenditures of such grant funds

received by the Muscogee (Creek) Nation for health care services in accordance

with the approved grant award.

C. Other contracts. The Director shall procure any necessary consultant

service contracts for the Division of Health in accordance with the Nation’s

procurement policies and subject to any applicable limitations of Tribal law,

provided that such contracts shall be reviewed by the Attorney General prior to

execution. The Director may procure, approve and execute on behalf of the

Division of Health employment contracts, vendor contracts and other contracts

required for office, clinic and hospital operations, subject to Division of Health

policies and restrictions stated in this chapter. No proposed contract which

waives sovereign immunity, which may be argued to include a waiver a of

sovereign immunity, which includes a choice of law provision or which includes an arbitration provision shall be valid unless approved by Tribal Resolution and executed by the Principal Chief.

[NCA 04–004, § 112, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

523

Title 22, § 4–111

HEALTH AND SAFETY

Historical and Statutory Notes

Derivation:

NCA 88–79, § 104; amended by NCA 89–104,

§ 104; repealed by NCA 92–88, § 107.

Title 22, § 4–111, added by NCA 94–10,

§ 112; and repealed by NCA 04–004, § 2. Said

§ 4–111 was derived from NCA 88–79, § 104;

amended by NCA 89–104; and repealed by NCA

92–88, § 107.

Former section:

Former § 4–111, which authorized the Muscogee (Creek) Nation Health Systems Board to

raise funds for the administration of the system,

was added by NCA 94–10, § 112 and repealed

by NCA 04–004, § 2.

Library References

Indians O139, 142, 210.

Westlaw Topic No. 209.

C.J.S. Indians §§ 11, 37 to 38, 54 to 55, 57 to

59, 66 to 72.

§ 4–112. Patient care standards; patient complaints; personal injury and

wrongful death claims

A. Compliance with laws and regulations. The Division of Health shall be

operated in conformance with all applicable licensing requirements. All Division of Health personnel shall take all responsible steps to ensure conformance

to all applicable Tribal, federal, state and local laws and regulations, including

but not limited to those relating to licenses, fire inspection and other safety

measures.

B. Standard of performance. Division of Health personnel shall at all times

endeavor to provide appropriate physical resources and personnel required to

meet the health care needs of its consumers and to protect and enhance the

Division of Health so that the health care needs of its consumers are met in

accordance with the highest possible standard of performance.

C. Patient quality assurance policies and procedures. The CMO of the

Division of Health and the medical staff shall assist the Director in the

preparation of patient quality assurance policies and procedures, including

effective formal means for the medical staff to participate in the development of

clinic and hospital policy relative to clinic management and patient care,

procedures for the evaluation of the professional competence of medical staff

members and applicants for staff privileges, recommendations to the Director

concerning initial medical staff appointments, reappointments and the assignment or curtailment of privileges and the establishment of controls that are

designed to ensure the achievement and maintenance of high standards of

professional ethical practices.

D. Patient complaint policies and procedures; patient advocate group.

The CMO of the Division of Health and the medical staff shall assist the

Director in the preparation of policies and procedures for the receipt and

handling of patient complaints. Said policies and procedures shall include the

establishment of a patient advocate group responsible for advocating specific

ways of improving the health services provided by the Division of Health.

[NCA 04–004, § 113, eff. April 1, 2004; amended by NCA 09–028, § 1, eff. Feb. 13,

2009.]

524

Title 22, § 4–113

DIVISION OF HEALTH

Historical and Statutory Notes

Derivation:

NCA 88–79, § 107; repealed by NCA 92–88,

§ 107.

Title 22, § 4–109, added by NCA 94–10,

§§ 109, 113, and repealed by NCA 04–004, § 2.

Said § 4–109 was derived from NCA 88–79,

§ 107; and repealed by NCA 92–88, § 107. Title 22, § 4–116, added by NCA 94–10, § 113,

and repealed by NCA 04–004, § 2. Said

§ 4–116 was derived from NCA 88–79, § 107,

and repealed by NCA 92–88, § 107. Title 22,

§ 4–117, added by NCA 94–10, § 113, and repealed by NCA 04–004, § 2. Said § 4–117 was

derived from NCA 88–79, § 107, and repealed

by NCA 92–88, § 107. Title 22, § 4–119, added

by NCA 94–10, §§ 109, 113, and repealed by

NCA 04–004, § 2. Said § 4–119 was derived

from NCA 88–79, § 107, and repealed by NCA

92–88, § 107.

Former section:

Former § 4–112, which required the Muscogee (Creek) Nation Health Systems Board to

create rules, regulations, and by-laws, was added by NCA 94–10, § 113 and repealed by NCA

04–004, § 2.

Library References

Health O191, 256.

Indians O210, 226.

Westlaw Topic Nos. 198H, 209.

C.J.S. Drugs and Narcotics §§ 69 to 70.

C.J.S. Hospitals § 18.

C.J.S. Indians §§ 57 to 59, 66 to 72, 140 to

149.

C.J.S. Physicians, Surgeons, and Other Health

Care Providers §§ 30 to 33, 54, 71 to 75,

77.

§ 4–113. Funding and agreements

A. The Muscogee (Creek) Nation’s Division of Health through the Director is

hereby authorized to seek, apply, negotiate, and execute documents for all

funds available from all federal sources for funding of health related programs.

B. The Muscogee (Creek) Nation’s Division of Health through the Director

is hereby authorized to submit, negotiate, and execute model agreements and

annual funding agreements and related amendments as required.

C. The Muscogee (Creek) Nation’s Division of Health through the Director

is hereby authorized to contract/compact under P.L. 93–6381 as amended for all

health services programs and functions funded by the Department of Health

and Human Services.

D. All resources received from Notices of Award from all contracts/compacts and grants will be submitted to the National Council for the appropriation of funds as required by law.

E. The Muscogee (Creek) Nation’s Division of Health through the Director

is hereby authorized to apply for the Tribal Self-Governance Demonstration

Program Planning and Negotiation Cooperative Agreements grants from Indian

Health Service and to continue the process to negotiate and enter into a SelfGovernance Compact with Indian Health Service.

[Formerly § 4–122. NCA 97–73, § 103, approved July 30, 1997; amended by NCA

99–63, § 103, approved May 26, 1999; renumbered § 4–113 by NCA § 04–004 § 2;

amended by NCA 09–028, § 1, eff. Feb. 13, 2009.]

1 See 25 U.S.C.A. § 450 et seq.

Historical and Statutory Notes

Derivation:

NCA 88–79, § 107; repealed by NCA 92–88,

§ 107.

Former section:

Former § 4–113, which required disclosure of

ownership and control of each unit within the

Muscogee (Creek) Nation Community Health

525

Title 22, § 4–113

HEALTH AND SAFETY

System, was added by NCA 94–10, § 113 and

repealed by NCA 04–004, § 2.

United States Codes Annotated References

Indian Self-Determination and Education Assistance Act, see 25 U.S.C.A. § 450 et seq.

§§ 4–114, 4–115. Repealed by NCA 09–028, § 1, eff. Feb. 13, 2009

Historical and Statutory Notes

Repealed § 4–114, relating to the WIC program, was derived from:

Title 22, § 4–123, as added by NCA 99–204,

§ 103.

Title 22, § 4–114, as added by NCA 99–205,

§ 103.

NCA 4–004, § 2.

A prior § 4–114, relating to officers, committees, meetings and minutes of the Health System Board, was derived from by NCA 88–79,

§ 107, which was repealed by NCA 92–88,

§ 107, and NCA 94–10, § 113, which was repealed by NCA 04–004, § 2.

Repealed § 4–115, which related to the Clinics Master Plan, was derived from:

Title 22, § 4–124, as added by NCA 02–006,

§§ 2, 3 and renumbered by NCA 04–004,

§ 2.

A prior § 4–115, which related to the Health

Systems Administrator, was derived from NCA

88–79, § 107, which was repealed by NCA

92–88, § 107, and NCA 94–10, § 113, which

was repealed by NCA 04–004, § 2.

Derivation

NCA 88–79, § 107; repealed by NCA 92–88,

§ 107.

Former sections:

Former § 4–114, which required the Muscogee (Creek) Nation Health Systems Board to

provide for the election of officers and appoint

committees, was added by NCA 94–10, § 113

and repealed by NCA 04–004, § 2.

Former § 4–115, which authorized the Muscogee (Creek) Nation Health Systems Board to

approve a Health Systems Administrator, was

added by NCA 94–10, § 113 and repealed by

NCA 04–004, § 2.

§ 4–116. Muscogee (Creek) Nation Okemah Community Hospital Board of

Directors

There is hereby established a five (5) member Okemah Community Hospital

Board of Directors, whose function is to serve as the governing body of the

Okemah Community Hospital and to ensure that the Okemah Community

Hospital is complying with state and federal regulations. The Board shall

consist of the Director, the CMO and three (3) citizens appointed by the

Principal Chief and confirmed by the National Council by duly adopted Tribal

Resolution. Each appointed Board member shall serve a three (3) year term

with no holdover. Each appointed Board member shall receive a One Hundred Dollars ($100.00) a month stipend for his/her services, plus mileage

reimbursements in accordance with the mileage policy of the Nation.

[Added by NCA 09–028, § 1, eff. Feb. 13, 2009.]

Historical and Statutory Notes

Former section:

A former § 4–116, relating to the planning for

adequate physical resources and personnel, was

derived from NCA 88–79, § 107, which was

repealed by NCA 92–88, § 107 and 94–10,

§ 113, which was repealed by NCA 04–004, § 2.

Another former § 4–116, relating to the repeal of prior laws, was derived from NCA

04–004, § 2.

§§ 4–117 to 4–121. Repealed by NCA 04–004, § 2, eff. April 1, 2004

§§ 4–122 to 4–124. Renumbered as Title 22, §§ 4–113, 4–114, 4–115

526

CHAPTER 5.

MEDICAL ASSISTANCE PROGRAM

Section

5–101. Purpose.

5–102. Application.

5–103. Benefit amounts.

5–104. Implementation.

5–105. Funding.

Cross References

Budget, Medical Assistance Program, see Title 37, § 2–117.

§ 5–101. Purpose

The Medical Assistance Program shall be utilized to assist enrolled Muscogee

(Creek) Citizens of any age who would otherwise be eligible for services within

the Muscogee (Creek) Nation Health System in acquiring prescribed medication, prostheses (artificial limbs), or prescribed medical equipment necessary

to sustain health and well-being when no other resource is available. The

benefit amounts are not necessarily intended to be all inclusive of all medical

needs or to cover the amount of total prescription costs.

[NCA 97–05, § 103, approved May 8, 1997; amended by NCA 99–23, § 103, approved

March 2, 1999.]

Library References

Health O460.

Indians O210.

Westlaw Topic Nos. 198H, 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

C.J.S. Social Security and Public Welfare

§ 247.

§ 5–102. Application

A. Applicant must document citizenship by furnishing Tribal Enrollment

Card. Any minor under the age of one (1) shall have an enrolled parent and be

enrollment eligible.

B. Applicant shall be on file as a patient or shall establish a patient file with

Muscogee (Creek) Nation Health System.

C. Applicant must present the original prescription and a statement from

the Tribal or IHS health facility that the prescription or a reasonable alternative

prescription is unavailable at those facilities.

D. The applicant shall furnish documentation which shall assure that all

other available resources (Medicaid, Medicare, private insurance, etc.) have

been exhausted.

E. The program administrator shall assist all Tribal citizens in their efforts

to attain satisfaction of this program.

[NCA 97–05, § 103, approved May 8, 1997; amended by NCA 99–23, § 103, approved

March 2, 1999.]

Library References

Indians O222.

Westlaw Topic No. 209.

C.J.S. Indians §§ 32 to 35, 59, 62, 67, 180.

527

Title 22, § 5–103

HEALTH AND SAFETY

§ 5–103. Benefit amounts

A. One (1) grant of up to two thousand five hundred dollars ($2,500.00) per

year (365 days) per applicant for health maintenance medications and medical

equipment (oxygen, nebulizers, crutches, walkers, etc.).

B. One (1) grant of up to five thousand dollars ($5,000.00) per year (365

days) for life sustaining medications only (cancer, dialysis, heart-related, etc.).

C. One (1) grant of up to four thousand dollars ($4,000.00) for eligible

applicants, one time for prosthesis (artificial limb).

[NCA 97–05, § 104, approved May 8, 1997; amended by NCA 99–23, § 103, approved

March 2, 1999; NCA 04–092, § 2, eff. May 27, 2004; NCA 09–222, § 1, eff. Dec. 28,

2009.]

§ 5–104. Implementation

The Principal Chief is hereby authorized to implement this chapter and to

delegate its administration to the most appropriate agency under the guidelines

prescribed by this chapter.

[NCA 97–05, § 106, approved May 8, 1997.]

§ 5–105. Funding

The Muscogee (Creek) Nation Health Systems Board and the Director of the

Health Administration are directed to improve the collection to eighty-five

percent (85%) or better. Further, the Health Systems Board and Director of the

Health Administration are directed to pursue appropriate grant applications

from the state, federal and other private funding sources available.

[NCA 00–130, § 103, approved Sept. 1, 1999.]

528

CHAPTER 6.

VISION ASSISTANCE PROGRAM

Section

6–101. Authorization.

6–102. Priority.

6–103. Providers.

6–104. Benefits.

6–105. Period of ineligibility.

§ 6–101. Authorization

A. The Vision Assistance Program will be implemented and managed by the

Division of Health Administration.

B. The Division of Health Administration will develop detailed guidelines

for the implementation of this program.

C.

Guidelines shall require Creek Nation Health Systems Board approval.

D. The Division of Health Administration is authorized to negotiate and

enter into contracts with local optometrists in the Creek Nation to obtain

reduced prices for optical services, eyeglasses and contact lenses.

E. The Division of Health Administration is authorized to expend appropriations approved by the National Council for the Vision Assistance Program.

[NCA 98–43, § 104, approved May 27, 1998.]

Library References

Health O460.

Indians O210.

Westlaw Topic Nos. 198H, 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

C.J.S. Social Security and Public Welfare

§ 247.

§ 6–102. Priority

Services provided by this law shall be available to all citizens of the Muscogee

(Creek) Nation. Priority will be given to the following:

A. Creek citizens who are Original Allottees;

B. Creek citizens who are children, eighteen (18) years of age or less;

C. Elderly Creek citizens age fifty (50) and over;

D. Creek citizens who are between the ages of 19–50 and who are visually

handicapped with a medical and refractive eye condition. Final decision regarding eligibility under this priority category shall be made by the Creek

Nation Chief Optometry Officer.

[NCA 98–43, § 105, approved May 27, 1998.]

Library References

Indians O222.

Westlaw Topic No. 209.

C.J.S. Indians §§ 32 to 35, 59, 62, 67, 180.

§ 6–103. Providers

Citizens residing within the Muscogee (Creek) Nation will be required to use

the Creek Nation Eye Clinic or optometrist with whom the Division of Health

529

Title 22, § 6–103

HEALTH AND SAFETY

Administration has entered into contracts with for the provision of optical

services and eyeglasses/contact lenses.

[NCA 98–43, § 106, approved May 27, 1998.]

§ 6–104. Benefits

A. The program will provide up to sixty dollars ($60.00) for a complete and

comprehensive eye examination. Any amount over the total of sixty dollars

($60.00) for the eye exam will be the responsibility of the patient.

B. Each Creek citizen will be required to contribute a ten dollars ($10.00)

co-payment (or a useable pair of prescription eye glass frames) to be used

toward the purchase of eyeglasses. After the co-payment, the program will

provide up to one hundred twenty-five dollars ($125.00) of the remainder owed

per person for each new eyeglass order or repair. Any amount over the total of

one hundred twenty-five dollars ($125.00) contributed to the Vision Assistance

Program for eyeglasses /repairs will be the responsibility of the patient.

C. Contact lenses are allowable only in medically indicated and not for

cosmetic purposes. Each Creek citizen will be required to contribute a ten

dollars ($10.00) co-payment (or a useable pair of prescription glass frames) to

be used toward the purchase of contact lenses. After the co-payment, the

program will provide up to ninety dollars ($90.00) of the remainder owed per

person for new contact lenses. Any amount over the total of ninety dollars

($90.00) contributed by the Vision Assistance Program for contact lenses will be

the responsibility of the patient.

D. The Division of Health Administration will be responsible for collecting

from third party resources (i.e., Medicare, Medicaid, and private insurance)

prior to payment being made by the Vision Assistance Program.

[NCA 98–43, § 106, approved May 27, 1998; Amended by NCA 04–093, § 2, eff. May 27,

2004.]

§ 6–105. Period of ineligibility

Creek citizens will be eligible for the Vision Assistance Program once every

two years.

[NCA 98–43, § 106, approved May 27, 1998.]

530

CHAPTER 7.

ENVIRONMENTAL PROTECTION

Subchapter

1. Environmental Policy

2. Department of Environmental Services

SUBCHAPTER 1.

ENVIRONMENTAL POLICY

Section

7–101. Policy.

§ 7–101. Policy

The Muscogee (Creek) Nation establishes a policy for the environment of the

Muscogee (Creek) Nation as follows:

A. The attainment and maintenance of a high quality environment is a

primary goal of the Muscogee (Creek) Nation in furtherance of the goals of the

Nation.

B. The quality of the environment is a fundamental and primordial prerequisite to the health and welfare of the members of the Muscogee (Creek) Nation,

to the proper use and conservancy of its natural resources and to the attraction

of business enterprises and other economic benefits.

C. The Muscogee (Creek) Nation is sovereign and possesses all the attributes

necessary to assert regulation and control of activities within its jurisdiction,

including those activities resulting from consensual relations with the Nation,

and those affecting the economic security or the health and welfare of the

Nation or its members.

D. The physical, chemical, and biological properties of the Nation’s waters,

surface and sub-surface, shall be of good quality and activities must not

degrade those waters.

E. The Nation’s land is inviolate and too valuable a resource to be indiscriminately or needlessly polluted. Disposal of solid or liquid hazardous waste

or any refuse, in or on land shall be prohibited, unless authorized by the Nation

and strictly regulated to avoid danger to personal property.

F. Any party responsible for pollution within the Nation’s boundaries on

Tribal land shall remedy, clean up or otherwise take corrective action to return

the land and water to its original natural state.

G. The preservation of the Nation’s air, water, and land quality is necessary

to protect public health and welfare and such shall be a primary goal of the

Nation.

H. The Nation recognizes that it is the primary authority for maintaining a

high quality environment within its governmental jurisdiction. It shall be a

policy of the Muscogee (Creek) Nation to exercise its authority as a sovereign

Nation to further the goals of subsections D through G of this section.

I. The Muscogee (Creek) Nation recognizes that there are federal laws that

regulate and control air and water pollution, that control or limit disposal of

531

Title 22, § 7–101

HEALTH AND SAFETY

wastes in or on the land, and that control storage of materials underground and

otherwise protect the environment. It is the policy of the Muscogee (Creek)

Nation to insure that those laws are faithfully and fully enforced where

applicable.

J. The Muscogee (Creek) Nation recognizes that various provisions of federal law provide for funds and other benefits to the Tribe. The policy of the

Nation is to take advantage of those provisions where beneficial to the Tribe,

and to enter into cooperative agreements and grants to jointly protect the

Nation’s environment. Those benefits may be financial or technical, and where

technical, the Muscogee (Creek) Nation intends to seek such technical help.

K. The Muscogee (Creek) Nation may, where administratively, financially or

technically desirable or advantageous, voluntarily enter into agreements with

the agencies of the State of Oklahoma, to further protect the environment.

L. All contracts and agreements will be implemented in accordance with

Article VI, Section 7 of the Muscogee (Creek) Constitution.

M. In its business contracts and other consensual relationships, whether

written or oral, the Muscogee (Creek) Nation will examine the nature of the

activity and apply any enacted codes or employ consensual conditions to

further the goals and aims of this policy.

[NCA 90–70, § 102, approved Aug. 30, 1990.]

Library References

Environmental Law O13.

Indians O210.

Westlaw Topic Nos. 149E, 209.

C.J.S. Health and Environment §§ 101, 106,

130 to 132, 173.

C.J.S. Indians §§ 57 to 59, 66 to 72.

SUBCHAPTER 2. DEPARTMENT OF

ENVIRONMENTAL SERVICES

Section

7–201. Establishment of Department.

7–202. Responsibilities.

7–203. Administrator.

Historical and Statutory Notes

NCA 98–132, §§ 101, 106, provide:

‘‘Section 101. Findings: The National Council

finds that:

‘‘A. The various programs, divisions and

agencies of the Nation engage in programs and

activities which from time to time require environmental review services.

‘‘B. The Nation has elected to perform certain environmental review functions under the

Native American Housing Assistance and Self–

Determination Act of 1996 (‘‘NAHASDA’’) [24

U.S.C.A. § 4101 et seq.] and has so informed

the United States Department of Housing and

Urban Development (‘‘HUD’’), creating an immediate need for an agency staffed with quali-

fied environmental professionals and supporting

personnel capable of performing said functions.

‘‘C. The United States Environmental Protection Agency (‘‘EPA’’) conducts programs applicable to Indian tribes and Indian country

under the Clean Water Act, Clean Air Act and

other federal environmental laws, some of

which programs may be delegated to tribes

qualified to carry out the delegated functions or

activities. However, at present the Nation has

no department, office or agency solely responsible for investigating, applying for and/or carrying out such programs.

‘‘D. There is a need to establish a Department of Environmental Services to fulfill the

532

Title 22, § 7–202

ENVIRONMENTAL PROTECTION

Nation’s environmental review responsibilities

under NAHASDA, to protect the environment

and the Nation’s environmental and natural resources, to serve as a centralized agency providing environmental services to all tribal divisions, programs, and independent agencies, and

to seek additional funding from agencies of federal and local governments and private founda-

tions in support of the Nation’s environmental

programs.’’

‘‘Section 106. Severability

‘‘In the event any provision of this Act is

determined by a court of competent jurisdiction

to be invalid, the provision determined to be

invalid shall be severable from all other provisions of this Act, and all such other provisions

shall remain in full force and effect.’’

§ 7–201. Establishment of Department

There is hereby established within the Executive Branch, and under the

direction of the Principal Chief, the Muscogee Nation Department of Environmental Services, and Title 16, § 1–102 is hereby amended accordingly. The

Department of Environmental Services shall provide the environmental services and conduct the environmental activities and programs described in Title

22, § 7–202, and shall be under the direction and control of an Administrator

employed pursuant to Title 22, § 7–203.

[NCA 98–132, § 103, approved Dec. 28, 1998.]

Library References

Environmental Law O15.

Indians O210.

Westlaw Topic Nos. 149E, 209.

C.J.S. Health and Environment §§ 105, 109,

130 to 132, 135, 173.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 7–202. Responsibilities

The Department of Environmental Services shall provide environmental

services to the divisions, offices, programs and independent agencies of the

Muscogee (Creek) Nation, including without limitation the Nation’s housing

program carried out pursuant to, and funded by HUD under the provisions of,

NAHASDA,1 as well as the environmental review activities and functions in

support and furtherance of the self-governance programs conducted by the

Office of Realty. Subject to the availability of funding, the Department shall also

be responsible for administering environmental programs delegated to the

Nation by the EPA or any other agency of the federal government; for assuring

that the Nation’s activities on Tribal and other lands under its jurisdiction are

conducted in compliance with applicable Tribal and federal environmental

laws; and for assessing the environmental condition of the Nation’s lands and

natural resources and recommending appropriate action in connection therewith to the Principal Chief and National Council.

[NCA 98–132, § 104, approved Dec. 28, 1998.]

1 25 U.S.C.A. § 4101 et seq.

Library References

Environmental Law O13.

Indians O210, 227.

Westlaw Topic Nos. 149E, 209.

C.J.S. Health and Environment §§ 101, 106,

130 to 132, 173.

C.J.S. Indians §§ 57 to 59, 66 to 72, 76.

Code of Federal Regulations

Native American housing assistance, see 24 CFR 1000.1 et seq.

533

Title 22, § 7–203

HEALTH AND SAFETY

§ 7–203. Administrator

A. Administrator of Department. The Department of Environmental Services shall be under the direction and control of an Administrator, who shall

answer directly to the Principal Chief and who shall have the minimum

qualifications and duties set forth in subsections B and C of this section.

B. Minimum qualifications. The Administrator of the Department shall have

at least a Bachelor’s Degree in environmental science, biology, chemistry, or

other field of natural science from an accredited four-year college or university

and shall have some work experience or training in environmental services or

science and in programs dealing with or applying federal environmental laws,

including the National Environmental Policy Act of 1969 (‘‘NEPA’’).1

C. Duties. The Administrator of the Department shall have the following

duties:

1. Perform or cause to be performed all environmental review functions and

activities required under NAHASDA,2 HUD’s NAHASDA implementing regulations, NEPA and HUD’s NEPA regulations, laws of the Muscogee (Creek)

Nation and the provisions of the Nation’s Indian Housing plans;

2. Perform or cause to be performed all environmental review functions,

activities and related documentation required in connection with programs

conducted by the Office of Realty pursuant to the Nation’s Compact of SelfGovernance;

3. Perform or cause to be performed all environmental and administrative

activities required by the terms of any grant or award by the EPA or other

governmental agency to the Muscogee (Creek) Nation;

4. Subject to the availability of funds appropriated by the National Council,

perform or cause to perform investigations or assessments of the environmental

condition of the Nation’s lands and natural resources, and to report and make

recommendations to the Principal Chief and National Council as to the appropriate action which should be taken in connection therewith;

5. To the extent feasible and appropriate, coordinate the Department’s

environmental programs and activities with programs of federal, state and local

governments;

6. Search and make application for additional funding for the Department

from governmental agencies and/or private foundations;

7. Supervise, oversee and direct the personnel and support staff of the

Department in accordance with the Nation’s polices and procedures;

8. Develop internal protocols, policies and procedures to be followed by the

Department in conducting its authorized activities, provided that such protocols, policies and procedures shall not be inconsistent with the administrative

and personnel policies and procedures of the Nation;

9. Report to and advise the Principal Chief and National Council as to all

activities of the Department, except for information or materials required to be

kept confidential under applicable federal or Tribal laws;

534

ENVIRONMENTAL PROTECTION

Title 22, § 7–203

10. Appear before the National Council or any Committee of the National

Council, whenever so requested by the Speaker, and at that time report or give

information on, and respond to inquiries about, any of the activities of the

Department, subject only to applicable federal or Tribal confidentiality laws;

and

11. At all times exercise independent judgment and, in the best interest of

the Nation’s environment and the health of its citizens, administer and manage

the activities and expenditures of the Department in accordance with all

applicable laws, including the laws and policies of the Muscogee (Creek)

Nation.

D. Procedures for selection and hiring of Administrator. The Administrator

of the Department shall be selected and hired by the Principal Chief in

accordance with the following procedures, which shall be followed in filling the

vacancy existing at the time of the adoption of this act and any future vacancies

in said position:

1. The Office of Personnel Services shall advertise the position of the

Administrator in one or more newspapers of general circulation within the

jurisdiction of the Muscogee (Creek) Nation, setting forth a brief description of

the duties of the position and a statement of Indian preference, and shall

otherwise give notice of the position in accordance with the procedures of said

Office. The Office of Personnel Services shall initiate the advertising and the

giving of notice in accordance with this paragraph as soon as practicable after

any vacancy in said position exists or occurs.

2. The Office of Personnel Services shall screen all applicants in accordance

with the Nation’s personnel policies and shall identify in writing and recommend to the Principal Chief all candidates for the position of Administrator who

meet the minimum qualifications set forth in subsection B of this section. The

list of the names of such qualified candidates, their application forms and any

evidence of their qualifications shall be furnished to the Principal Chief for his

review.

3. The Principal Chief shall select from the list of qualified candidates

furnished by the Office of Personnel Services not less than three candidates

whom he determines to be the most qualified for the position and shall forward

their names and copies of their applications and evidence of qualifications to

the Speaker of the National Council, who shall distribute copies of said

materials to the Chairperson of the Committee of jurisdiction, who in turn shall

place the matter on the agenda of the Committee’s next meeting. No candidate

shall be referred to the Council or otherwise considered for the position of

Administrator unless he or she meets the minimum qualifications set forth in

subsection B of this section. If Personnel Services identifies and recommends

less than three qualified candidates, then the Principal Chief may forward the

list of less than three candidates, applications and qualifications to the Speaker

or he may, instead, request the Office of Personnel Services to readvertise the

position in accordance with paragraph 1 of this subsection in order to increase

the number of qualified candidates.

4. At the next monthly or special meeting of the Committee next following

the submittal of qualified candidates and supporting materials, the Committee

535

Title 22, § 7–203

HEALTH AND SAFETY

of jurisdiction shall review the applications and evidence of qualifications of all

candidates forwarded to it. The Committee may request any or all such

candidates to appear before it at such meeting and respond to questions in

order to verify that all candidates referred to the Committee meet the minimum

qualifications set forth in subsection B of this section. The Committee may

recommend any one candidate to the Principal Chief for employment but shall

not be required to do so.

5. After the Committee of jurisdiction has had an opportunity to review the

qualifications of submitted candidates in accordance with the foregoing paragraphs, the Principal Chief shall select from the names submitted to the

Committee the candidate who, in the Principal Chief’s judgment, is the most

qualified for the position, giving due regard and weight to the Committee’s

recommendation, if any; provided, however, that Indian preference shall be

given and provided further that if any two or more of the most qualified

candidates are Indian and are equally qualified, and one is a citizen, then

preference in hiring shall be given to the citizen.

[NCA 98–132, § 105, approved Dec. 28, 1998.]

1 42 U.S.C.A. § 4321 et seq.

2 25 U.S.C.A. § 4101 et seq.

Code of Federal Regulations

National environmental policy, housing and urban development, see 24 CFR 50.1 et seq.

Native American housing assistance, see 24 CFR 1000.1 et seq.

536

CHAPTER 8. REINTEGRATION

CODE [RENUMBERED]

§§ 8–101 to 8–110. Renumbered as Title 16, §§ 7–101, 7–102, 7–103,

7–104, 7–105, 7–106, 8–107, 8–108, 8–109, 8–110

537

CHAPTER 9.

EMERGENCY MANAGEMENT

AUTHORITY

Section

9–101. Findings.

9–102. Purpose.

9–103. Creation.

9–104. Criteria.

9–105. Appropriation.

9–106. Budget modification.

9–107. Authorization.

9–108. Accountability.

§ 9–101. Findings

The National Council finds that:

A. At various times throughout history, the Muscogee People have endured

every natural disaster known to mankind.

B. Low economy has placed financial hardships on many of our citizens,

leaving many of our citizens unable to recover from the compounded hardships

that have been created by the recent ice storm.

C. Most citizens who reside in the eastern and southeastern areas within the

Muscogee (Creek) Nation boundaries have been affected severely; the ice storm

has resulted in the total loss of food, generally stored in refrigerators or deep

freezes; loss of electricity, heat and water; all of these items are considered

necessities of modern living. The most severely affected areas are Hanna,

Dustin, Ryal, Hichita, Checotah, Muscogee, Eufaula, Dewar, and Wilson.

D. Currently there is no program or authority in place to adequately aid the

citizens in the event of natural disasters; the Constitution of this Nation

mandates the National Council under Article VI, Section 7(a) to promote the

public health and safety, education and welfare that may contribute to the

social, physical well-being and economic advancement of citizens of the Muscogee (Creek) Nation; and to create authorities with attendant powers to achieve

objectives within the scope of this Constitution.

E. There is a need to create an emergency preparedness and response

authority to ensure that this Nation is prepared to aid its citizens in the event of

natural disasters.

[Added by NCA 07–031, § 1, eff. Jan. 22, 2007.]

§ 9–102. Purpose

The purpose of this Act is to create the Muscogee (Creek) Nation Emergency

Management Authority that will be responsible for evaluating, coordinating and

administering emergency relief assistance during declared states of emergency

and appropriating funds for said purpose.

[Added by NCA 07–031, § 2, eff. Jan. 22, 2007.]

538

EMERGENCY MANAGEMENT AUTHORITY

Title 22, § 9–104

Library References

Indians O210.

Westlaw Topic No. 209.

C.J.S. Indians §§ 57 to 59, 66 to 72.

§ 9–103. Creation

The Muscogee (Creek) Nation Emergency Management Authority shall at this

time, for purposes of executing urgent emergency assistance, consist of the

Director of Risk Management; Director of Housing; Director of Transportation; Construction Services Manager of Housing Division; Tribal Driveways

Manager; Community Research and Development Manager; Social Services

Manager; Manager of GSA; CEO of Health Systems; Lighthorse Police Chief;

Finance (Budgets and Contracts); Office of the Attorney General; Bureau of

Indian Affairs (BIA) Creek Firefighters.

Director of Risk Management shall serve as Coordinator of the Muscogee

(Creek) Nation Emergency Management Authority and develop operating policies and procedures to control the efficiency of this Authority. The Coordinator

shall have discretionary authority to authorize purchases requested by communities based on evaluations by the Muscogee (Creek) Nation Emergency Management Authority. The Coordinator may delineate certain authorities to any

of the service program members who compose the Muscogee (Creek) Nation

Emergency Management Authority; i.e., the temporary employment for clean

up purposes may conducted by the Construction Services Department of the

Housing Division, however all temporary employment requests shall be coordinated with the Office of Risk Management.

[Added by NCA 07–031, § 3, eff. Jan. 22, 2007; amended by NCA 07–039, § 1, eff. Jan.

26, 2007.]

§ 9–104. Criteria

1. Items that may be purchased include, but are not limited to based upon

the overall evaluation by the Emergency Management Authority Coordinator;

groceries, water, blankets, lanterns, lamps, lamp oils, kerosene, lantern fuel

sources and batteries.

2. Community Centers who have purchased and provided items of necessity

to Creek citizens in its community shall be reimbursed from funds appropriated

by this act, provided that purchases were directed and authorized by the Office

of Risk Management;

A. Funds for items and articles purchased by Community Centers may be

reimbursed provided that receipts are submitted to the Office of Risk Management for determination of whether purchases are related to a declared State of

National Emergency within the Muscogee (Creek) Nation.

3. Employ local Creek citizens in the affected area for purposes of temporary employment and assist in the clean up of disaster areas. Employees shall

be at a rate equivalent to rates charged for the same duties performed for the

general public. Temporary employment shall be coordinated through the

Office of Risk Management, for record keeping purposes; i.e., employee identification, time keeping and other general information.

539

Title 22, § 9–104

HEALTH AND SAFETY

4. Equipment purchases for the purpose of cleanup; all equipment purchases shall be authorized and coordinated through the Emergency Management Authority.

5. Citizens who are not in the Housing Division service system and have no

homeowner insurance will be assisted from this appropriation with electrical

and water connections, from the utility pole or water meter to the house and

debris removal will be provided.

6. The Controller is hereby authorized to transfer, distribute, allocate, or

otherwise make available funds appropriated under this act, upon receipt of

request from a Division Director for the reimbursement of documented costs

and expenditures, identified and enumerated herein as allowable, which have

been incurred as a result of executing any program, function, activity or

services consistent with the intent and purpose specified in this act.

[Added by NCA 07–031, § 4, eff. Jan. 22, 2007; amended by NCA 07–039, § 2, eff. Jan.

26, 2007; NCA 07–057, § 2, eff. March 2, 2007.]

§ 9–105. Appropriation

The amount of four hundred thousand and no/100 dollars ($400,000.00) is

hereby appropriated from the General Tax License Fund Account for the

implementation of this act. All unexpended funds appropriated by implementation of this act shall be returned to the Tribal Treasury and shall be available

for future appropriation by the National Council.

[Added by NCA 07–031, § 5, eff. Jan. 22, 2007.]

§ 9–106. Budget modification

The National Council hereby authorizes the Muscogee (Creek) Nation Emergency Management Authority Coordinator to modify the budget as deemed

necessary and to submit through the Emergency Management Authority for

approval. The Muscogee (Creek) Nation Emergency Management Authority

Coordinator shall provide a written summary report to the Business and

Governmental Committee justifying the budget modifications.

[Added by NCA 07–039, § 3, eff. Jan. 26, 2007.]

§ 9–107. Authorization

The National Council hereby authorizes the Principal Chief or his designee to

expend the sum of four hundred thousand and No/100 dollars ($400,000.00)

from the General Tax and License Fund Account. This appropriation shall be

included in the Fiscal Year 2008 Comprehensive Annual Budget and annually

thereafter.

[Added by NCA 07–031, § 6, eff. Jan. 22, 2007; amended by NCA 07–039, § 4, eff. Jan.

26, 2007.]

§ 9–108. Accountability

The Muscogee (Creek) Nation Procurement Policies and Procedures shall be

waived for all entities and agencies during the declared National State of

Emergency. Upon completion of the disaster clean-up activities the collected

540

EMERGENCY MANAGEMENT AUTHORITY

Title 22, § 9–108

woods of the affected areas shall be stored and later distributed to ceremonial

grounds, traditional churches and citizens. The equipment and unused supplies will be returned to the Muscogee (Creek) Nation for inventory and

oversight by the Muscogee (Creek) Nation Emergency Management Authority.

The Coordinator will develop and implement policies and procedures whereby

equipment inventory may be utilized by ceremonial ground, churches and

citizens within the boundaries of the Muscogee (Creek) Nation. Any person

who shall misuse or apply any portion of this legislation for personal gain, or

otherwise take advantage of this act and its intentions without cause shall be

punished in accordance with the Title 14, Chapter 2, Subchapter 5, Criminal

Code of the Muscogee (Creek) Nation.

[Added by NCA 07–031, § 7, eff. Jan. 22, 2007; amended by NCA 07–039, § 5, eff. Jan.

26, 2007.]

541

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.