Nemîshâtênemo êhthâkîwiyâni (2024)

SAC and FOX NEWS

Nemîshâtênemo êhthâkîwiyâni

Phone: 918-968-3526 • 920963 S. Hwy. 99, Bldg. A • Stroud, OK 74079 • Vol. 46 • No. 4 • April 2024

Former Smoke Shop Building at

Chandler Demolished, Removed

Chief Carter Issues Response to Proposed

Consent Decree for Skull Creek Oil Spill

by Mike Brown

The former Sac and Fox Nation smoke shop building, located on Route 66 at Sandy Lane

in Chandler, Okla., was recently

demolished and removed after

the structure was determined to

be beyond repair.

Sac and Fox Nation Economic Development Director Doug

Swinney said the wooden structure had multiple issues that

made it unfeasible to repair, in-

To: Assistant Attorney General, Environmental and Natural Resource Division, United

States Department of Justice,

Washington, D.C.; Submitted

by email to: pubcomment-ees.

enrd@usdoj.gov.

From: Randle Carter, Principal Chief, Sac and Fox Nation

RE: Comments on Proposed

Consent Decree, United States

of America v. Holly Energy

Partners-Operating, L.P., et al.

cluding a collapsed roof, foundation issues and extensive termite damage throughout. “The

structure was compromised and

beyond repair,” said Swinney.

“There is no immediate plan for

replacement at this time,” he

added.

Contractors completed the

demolition, removal and leveling of the site over a three-day

period, Feb. 28-March 1.

February 29, 2024

Comments on Proposed Consent Decree, United States of

America v. Holly Energy Partners-Operating, L.P., etal. [D.J.

Ref. No. 90-5-1-1-12810]

Work crews are shown while demolishing the former smoke

shop building in Chandler.

(Photos Provided)

Extensive termite damage is visible in the roof of the former

smoke shop building.

The site of the former smoke shop building is shown following

its removal and clean-up.

‘Missing in Oklahoma Day’ is

April 27 at UCO Forensic Institute

The 2024 ‘Missing in Oklahoma Day’ is set for April 27,

2024 (10 am-3 pm) at the University of Central Oklahoma Forensic Science Institute, 801 E.

2nd St, Edmond, Okla.

At this event, at NO cost,

families and friends of missing

persons will be able to:

• Display a photo of their

loved one(s)

• Initiate a missing person report with law enforcement;

• Enter and/or review the

missing person info in NamUs;

• Provide additional information and investigative leads;

• Provide information about

medical and/or dental records to

help with identification;

• Relate other pertinent information about missing individuals; and,

• Provide family reference

DNA (cheek swab).

For more information, Email:

okmissingpersons@gmail.com.

Summary

The rupture of the Osage

pipeline in July 2022 was and

continues to be a significant

event for the Sac and Fox Nation

(the “Nation”) and its citizens.

Investigators have determined

that the rupture resulted in the

discharge of almost 300,000

gallons of crude oil on Indian

allotments held in trust by the

United States, which caused

major environmental damage.

Although the discharge occurred on allotments, it is land

within the Nation’s reservation

and its homeland, and within its

Indian country jurisdiction. The

pending environmental cleanup and the accountability of the

pipeline owners and operators

are matters of major interest to

the Nation. The extent of the

environmental damage is just

one key issue of concern to the

Nation.

The oil discharged from the

pipeline polluted Skull Creek

and its shoreline and impacted

soil, vegetation, surface water, and sediment on the creek

bottom. On the land, hundreds

of trees, along with plants and

shrubs, were destroyed or were

removed as part of the response

activities. The pipeline rupture

has also impacted Sac and Fox

cultural resources, including numerous oiled or dead fish and

wildlife. The presence of oil in

the creek, which flows into the

Cimarron River, has been observed for more than two miles

downstream, and continues to

be visible today.

Additionally, the rupture of

the Osage Pipeline and its aftermath have pointed to a recurring

problem that over time tribes

confront with the entities that

hold rights-of-way across Indian

lands - accountability. It is the

federal government that largely

has the responsibility, the jurisdiction, and the resources to

ensure that the entities that hold

such encumbrances are held responsible when they cause harm

or damages. Too often, the federal government has not fulfilled

this responsibility.

The Nation recognizes that

the proposed consent decree

contains provisions that appropriately seek to hold accountable the operator of the pipeline.

Holly Energy Partners - Operating, L.P., and its owner, Osage

Pipe Line Company, LLC, both

based in Dallas, Texas

(referred to together as “HEP”).

At the same time, the proposed

consent decree does not go far

enough in certain areas to ensure that HEP will appropriately consult the Nation and afford

access to information about, and

a meaningful role in overseeing,

the future remediation activities,

and will respond appropriately

in the event of another discharge

from its pipeline. For these rea-

Nearly 300,000

Gallons of Crude

Oil Discharged

sons, the Nation respectfully

provides the following comments:

Background

The Osage pipeline is a 136mile, 20-inch crude oil pipeline that originates in Cushing,

Oklahoma, and terminates in El

Dorado, Kansas. The information provided to the Nation by

the federal government reflects

that the control room for the 20inch pipeline first reported potential problems on the pipeline

at around 12:29 a.m. on July 8,

2022, and that the pipeline had

been shut down by about 12:43

a.m. About three hours later, an

HEP technician found evidence

of hydrocarbons on the ground

and in and around Skull Creek, a

tributary of the Cimarron River.

What resulted was a major pipeline rupture and discharge.

The proposed consent decree

reflects that at least 298,200 gallons of crude oil (7,100 barrels)

discharged from the pipeline

and contaminated trust lands as

well as water bodies. Although

the natural resources damages assessment has not yet been

conducted, the pipeline rupture

is known to have impacted soil,

vegetation, surface water, and

sediment in Skull Creek. Additionally, hundreds of trees and

shrubs were destroyed or were

removed during the initial response activities, and numerous

fish and wildlife were oiled or

killed. Oil continues to be

visible in the area today.

Within a few hours after HEP

discovered the rupture, Payne

County emergency officers

contacted the Nation’s Realty

Department to obtain access to

one of the allotments. The lead

federal agency responsible for

responding to emergencies involving oil releases, the United

States Environmental Protection

Agency (the “EPA”), did not,

however, engage with the Nation in a meaningful way until

two months after the rupture.

It is the Nation’s understanding that the Federal On-Scene

Coordinator for the EPA (the

“FOSC”) was busy with other

matters, and therefore delegated

her authority to the private contractor handling the response for

HEP. Nevertheless, the initial

response at the release site proceeded, and involved extensive

construction and ground-dis-

turbing activities, including the

construction of roads and dams,

staging areas, installation of

fencing, and removal of trees

and shrubs. From the beginning, it was the Nation’s desire

to have tribal monitors in place

as quickly as possible to oversee

such activities to ensure protection of cultural and historical resources. Nevertheless, extended

negotiations resulted between

the Nation and Holly, and tribal

monitors did not begin work at

the site until after an agreement

was reached in November, four

months after the rupture.

In short, HEP engaged in extensive ground-disturbing activities for months before the

Nation was permitted to have

observers present. As a result,

the actual impact on the Nation’s

cultural resources is unknown.

Comments

1. Additional Transparency Is Warranted Concerning

the Proposed Civil Penalty and

Corrective Actions Information

released by the federal government since the rupture has

documented a history of potential public safety issues on the

nearly 50-year-oId pipeline that

warrants scrutiny of the proposed settlement. Shortly after

the rupture, the United States

Department of Transportation

(the “USDOT”) issued a notice

of a proposed safety order that

identified four previous releases

on the same unit that includes

Sac and Fox jurisdiction. Moreover, the USDOT noted that the

previous operator had identified

85 anomalies in the seams in the

pipeline in 2014, one of which

was in the area of the 2022 rupture.

In the Nation’s view, this history justifies a high level of judicial review of the justification

of the proposed penalty and the

adequacy of the requirements

for future corrective actions.

The Nation was not involved in

or consulted about the development of the stipulated penalty

proposed in the consent decree

- the sum of $7.4 million - although it acknowledges that this

is a negotiated sum reflecting an

amount acceptable to the Department of Justice and that HEP

was willing to pay to resolve potential violations of the federal

Clean Water Act, 33 U.S.C. §§

1251-1388.

It is noteworthy that the federal government’s complaint alleged that HEP could be liable

for civil penalties of up to ap(Continued on Page 14)

PUBLIC NOTICE

There will be a Sac and Fox Nation ‘Tribal

Community Strategic Planning Meeting’ for tribal members on Wednesday, April 17, 2024 at the

Shawnee Multi-Purpose Building, located at 215

N. Harrison Ave. Shawnee, Okla. The meeting

will be from 5:30 p.m.-7:00 p.m.

SFN Activity Committee

Save the Dates:

• Jim Thorpe Day Event at SFN Community Building - Tuesday, April 16, 2024

•Seniors of the Year Voting - Tuesday, April 16,

2024

• Tribal Princess application deadline - Friday,

May 17, 2024

Page 2 - Sac and Fox News - April 2024

Sac and Fox News

The Sac & Fox News is the monthly

publication of the Sac & Fox Nation,

located on SH 99, six miles south of

Stroud, OK.

Mailing address:

Sac and Fox Nation

Administration Building

920963 S Hwy 99 Bldg A

Stroud, OK 74079

Phone: 918-968-3526

Fax: 918-968-4837

The Sac & Fox News is the official

publication of the Sac and Fox

Nation. Our mission is to meet all

tribal members information needs

concerning the Nation.

The Sac & Fox News is mailed free,

one per address, to enrolled Sac and

Fox tribal members. Paid subscriptions

are available for $12.00 annually.

Editorial statements, guest columns,

and letters to the editor published in

this newspaper contain the opinions

of the writers. These opinions do not

necessarily reflect the opinions of

the Sac and Fox News staff or any

elected official or department of tribal

government or administration.

The Sac and Fox News reserves the

right to refuse publication of letters to

the editor. All editorials and letters to

the editor become the property of the

Sac and Fox News.

Submissions for publication must

be signed by the author and include

an address and contact phone number.

They are limited to 300 words. The

staff will not edit editorials or letters

to the editor to fit the 300-word limit.

Deadline for the May issue is:

Friday, April 19 at 4:30 p.m.

Reprint permission is granted, with

proper credit to the Sac and Fox News,

unless other copyrights are shown.

Articles and letters may be submitted

to the newspaper either by mail or Fax

to the address provided above, - or by

e-mail:newspaper@sacandfoxnationnsn.gov.

Address corrections and changes are

accepted by the Business Committee

at the address listed below.

Managing Editor

Mike Brown

For information:

918-968-3526 x1060

newspaper@sacandfoxnation-nsn.gov

Publisher: Sac and Fox Nation

~~~~~~~

Tribal Officers:

918-968-3526 or 800-259-3970

Principal Chief:

Randle Carter

Telephone (918) 968-3526

Ext. 1008

chief@sacandfoxnation-nsn.gov

principalchief@sacandfox.com

Second Chief:

Audrey Rose Lee

Telephone (918) 968-3526

Ext. 1004

secondchief@sacandfoxnation-nsn.gov

secondchief@sacandfox.com

Secretary:

Lana Butler

Telephone (918) 968-3526

Ext. 1007

secretary@sacandfoxnation-nsn.gov

Treasurer:

Carla Wallace

Telephone (918) 968-3526

Ext. 1006

treasurer@sacandfoxnation-nsn.gov

Committee Member:

Robert Williamson

Telephone (918) 968-3526

Ext. 1005

cmember@sacandfoxnation-nsn.gov

Executive Assistant:

Kelsey Collins

Kelsey.Collins@sacandfoxnation-nsn.gov

Business Committee

Mailing Address:

Sac and Fox Nation

920963 S Hwy 99 Bldg A

Stroud, OK 74079

Visit us on the webb @

sacandfoxnation.com

Obituaries

Brian Paul Brown, of Shawnee, Okla.,

went home to be with his Lord and Savior Jesus on Tuesday, February 20, 2024.

He was born on September 3, 1980, at the

Mission Hill Hospital in Shawnee, Okla.

to Sherman and Patricia Brown. He was

43 years old. He was the second son born

of three children.

He attended Shawnee High School

and worked at Southerland Company in

Oklahoma City. He was a tribal member

of the Sac and Fox Nation and, was also

Absentee Shawnee and Seminole. As a

child he attended church with his family

at Sallateeska Baptist Church. On September 19, 1989, he asked Jesus to be

his Lord and Savior and was baptized by

Pastor Victor Cope on October 1, 1989.

During the summer months of his

childhood he enjoyed attending Indian

Falls Creek with his family and cousins. Last July of 2023, he made plans for

Rachel and him to attend a Wednesday

evening service at Falls Creek. They both

enjoyed being there for the worship time

and being with the family.

He met his beautiful, loving companion, Rachel Jimenez, while working at

Southerland in Oklahoma City. He enjoyed the wonderful family times that

he had with Rachel and her twin sons,

Roberto Garcia and Rodrigo Garcia, and

Daniel Ray Tyner, Sr.

Daniel Ray Tyner, Sr., 71, resident

of Sapulpa, Okla. passed from this life

on Sunday, February 18, 2024, in Tulsa,

Okla.

Daniel, also known as “Dan” or “Danny,” was born on January 14, 1953, at

Pawnee-Ponca Indian Hospital in Pawnee, Oklahoma to Claudius Curtis and

Dora Mae (Dirt) Tyner. Dan was raised

in Denver, Colorado until he joined the

U.S. Marine Corps at a young age. After his military service, Dan worked for

Pressure Control Inc, fighting fires on oil

rigs for many years where he was nicknamed “Wahoo.”

Daniel was a member of the Sac-NFox Nation and a descendant of The Absentee Shawnee Tribe of Oklahoma. Dan

was gifted with talents in drawing and

beadwork. His hobbies include listening

to the “Golden Oldies” and playing pool.

Daniel is survived by his longtime

companion Terri Keith; Daughters Dannette (Ray) Freudenberg, Tonia Tyner,

and Daniele Dennison; grandchildren

Amanda Homer, Michael Homer, Jami

Freudenberg, and Lindsey Nicole and

Bradley Hicks; brother Manuel (Frankie) Herrera; nephews Bob and Michael

Herrera and a host of other relatives and

friends.

Daniel is preceded in death by his Parents Claudius Curtis Tyner and Dora Mae

(Dirt) Herrera; Son Daniel Ray Tyner,

Jr.; Grandson Christopher James Smith;

Brother Robert Wayne Tyner; Sister

Arlene Herrera; Uncle Ralph B. Davis;

Aunt Wanda Kanes; Maternal Grandparents Wilber and Emily (LittleBear) Dirt

and Paternal Grandparents William and

Sadie (Rhodes) Tyner.

Graveside Services were held February 21, 2024, at the Sac and Fox Cemetery.

Brian Paul Brown

daughter, Jesse Garcia.

One of his proudest moments was becoming an uncle to his nephew, Nate, and

his niece, Kylee. And, he was blessed

to have his sister-in-law Tasha. He also

cherished his Grandma Lorene. He was

proud that Grandma Thorpe spoke her

Seminole language fluently, and enjoyed

the times of hearing her pray and sing. As

one of the three Brown Boys, they played

together, teased each other, and had a few

brotherly fights. Brian loved his parents,

brothers, and family very much. He always enjoyed seeing and visiting with

them.

Brian was preceded in death by his

grandparents, George Thorpe and Harry

and Lucille Brown, Uncle Ronnie Thorpe, Aunts: Beverly Jackson and Rita

Alexander, and cousins, Isaiah Thorpe,

James Pawpa and Sherri Alexander.

Left to cherish the wonderful memories of their loving son are his parents,

Sherman and Patricia Brown; two brothers: Brad Brown and Wesley and wife

Tasha Brown; nephew Nate Brown and

niece Kylee Brown; Grandma Lorene

Thorpe; Uncles: George Thorpe and Edwin Thorpe; Aunts: Janice and husband

Bennie Lena, Dara Thorpe, Sandra Paw-

pa, Shirley Walters, Janet and husband

Tom White, Rachel Jimenez and her

family; numerous cousins, other relatives

and friends.

A memorial service was held February

26, 2024 at 1:00 p.m. at the Earlsboro

Indian Baptist Church, with Victor Cope

officiating. Following the service, burial was held at the Wakolee Cemetery in

Shawnee, Okla.

Brian Paul Brown

Happy April Birthday Elders!

Adkins, Galle Rae

Ahkeahbo, Elizabeth

Andersen, Shari Lynn

Barron, Shelly Ann

Beall, Sean Patrick

Bean, Rose Marie

Berryhill, Gregory Wayne

Blackburn, Tina Jean

Brady, Rebecca Donnell

Brown, Wanda Yvonne

Bryce, Vonda Joyce

Carr, Lisa Lea Ann

Davis, Dana Katrina

Decker, Colleen Lisa

Ebbinga, Sharon Lee

Edmonson, David Allan

Ellis, Leva Marlene

Frazier, Pamela Dale

Gaddy, Marcia Gail

Gibson, Beverly Sue

Gillaspy, John William III

Givens, Deborah Kay

Gokey, Leo Elmer

Grant, Francis Leroy Sr.

Grass, John Jr.

Hamblin, Ralph Maurice

Harris, Raymond Lee

Harris, Ruby Irene

Harshberger, Scott Eugene

Hernandez, Patrick Wood

Hocker, Earnest L

Hocker, Ricky Wayne

Hocker, Robert V Sr.

Holmes, Carol Ann

Huyghe, Sheila Ann

Jones, Joseph Todd

Keo, Dorene Katherine

Keo, Rudy

King, Roger Mc Carl

Lasley, Charles Dewayne

Lombardi, Carrie Patricia

Longshore, Lisa Leaellen

Manatowa, Phillip Joseph

Marez, George Mitchell

McCaulla, Dianna Sue

McClellan, Wallace Buster

McCoy, William Scott

McCoy-Shognosh, Naomi Denise

McIntosh, Margaret Lee

Monday, Donald Chad

Northrup, Alma Faye

Pappan, Jeffrey Kevin

Poitras, Charles A Jr.

Powell, Sunnykay

Pratt, Shawn David

Pratt, Shelly Renae

Raines, Terry Kent

Reim, Debra Yvonne

Rice, Harriett Oresa

Rowe, Sheryl Jane

Sarber, William Wayne Sr.

Smith, Barbara Thomas Mc Ilvaine

Stephens, Dallas James

Teague, Sherry Lynn

Thompson, Helen Jo

Thompson, Rose Marie

Thurman, Marvin Warren

Tiger, Channa Lynn

Tiger, Robin Denise

Vandever, Ruby Mae

Wallace, Larry Dewayne Sr.

Waller, Jimmy Kent

Wano, Ronnie Eugene

Whistler, Donn Jr.

Wilson, Aaron Fryor

Wilson, Katherine Margaret

Page 3 - Sac and Fox News - April 2024

Memorial Walk Held March 8, 2024 for Brandon Kaseca Sr.

Family and friends of the late Sac

and Fox Nation tribal member Brandon Kaseca Sr. held a memorial vigil and walk on March 8 in Shawnee,

Okla. Kaseca was shot and killed

while sleeping on Jan. 30, 2022 in

Shawnee.

The 2 p.m. memorial walk began

at the Fairview Cemetery in Shawnee, and ended in front of the Shawnee Police Dept. headquarters. A

memorial dinner was held at the Sac

and Fox Nation Multi-Purpose Bldg.

in Shawnee.

The Sac and Fox Nation is offering

a $5,000. reward for any information

leading to an arrest and conviction of

individual(s) responsible in the unsolved shooting death.

Anyone with information, is asked

to contact the Sac and Fox Nation Police Dept. at (918) 968-2031.

Participants are shown during the Memorial Walk.

Murdered Jan. 30, 2022 in Shawnee, Okla.

(All Photos Provided)

RAP Department Application Forms

SAC AND FOX NATION

DRIVEWAY REPAIR PROGRAM

REVENUE ALLOCATION PLAN

GUIDELINES

PROGRAM FUNCTIONS:

To provide for the health and safety needs

of eligible tribal members with driveway repairs. Many tribal members live in rural areas

and have driveways which are inaccessible to

many emergency vehicles. It is important to the

health and safety of tribal members to ensure

that driveways are accessible and do not create

a danger to them or others rightfully entering

their property. The program is open to all tribal

members owning a home, which is their primary place of residence, on a first come basis; regardless of place of residency.

GUIDELINES:

1. Preference will be given to elders and handicap persons, based on individual health and

safety needs and the condition of the driveway,

which may impede emergency vehicles from

reaching them in an emergency.

2. Proof of ownership is required. Rental property will not be considered for this program.

3. Proof of residency is required. Rental property or secondary residences will not be considered for this program.

4. Applications for regular maintenance and upkeep will not be approved.

5. Applications received for paving an existing

gravel driveway that is functional and safe will

not be approved.

6. Applications for non-residential driveways

will not be approved.

7. An amount not to exceed Ten Thousand

Dollars ($10,000.00) in repairs will be made

to any one driveway, regardless of the number

of tribal members listed as owners. This is a

lifetime limit.

8. Applicants/Home Owner of a Sac and Fox

Nation traditional house (Mack, Ellis, McKosato & Massey) may re-apply once every ten (10)

years.

9. Applicants are required to submit: application, proof of ownership & residency plus

pictures of the driveway and three (3) bids for

the repairs on the contractors’ letterhead.

10. If claiming a physical handicap, applicant

may submit a letter from their physician.

11. Applicant/Home Owner is responsible for

maintaining driveway after repairs.

12. The Administrator of this program has the

sole discretion of approving or denying the

application and repairs based on qualifications,

emergencies and need.

(Approved by Sac and Fox Nation Business

Committee Regular Business Committee Meeting December 28, 2023)

Page 4 - Sac and Fox News - April 2024

Sac and Fox Nation Education Department News

The Education Department has been

busy with consultations at the various

public schools. We would like to share

with you some of the consultations and

activities that we have attended, Justin

Morris and myself:

• February 27 - Indian Career Youth

Day at University of Central Oklahoma;

• February 28 - Justin set up a career

booth at the Stillwater Public School for

Spring College Night, 5:00 pm to 7:00

pm.

• February 29 - We were invited to the

Southwest Oklahoma ESSA Consultation Schools: Cache, Chickasha, Cleveland, Crescent, Deer Creek, Gracemont,

Guthrie, Lawton, Mustang, Newcastle,

Piedmont, and Carnegie Public School.

• March 6 - I attended the Oklahoma

Advisory Council on Indian Education

Meeting at the State Capital, OKC;

• March 11 Chandler Public School

ESSA Consultation;

• March 12 Blackhawk

Advisory

Board Meeting (Zoom);

• March 13 TEDNA Board Meeting

(Zoom);

• March 19 United Indian Nation of

Oklahoma Meeting.

We would like to remind ALL Senior

High School Students that are graduating

May of 2024, that we have graduation

stoles available. Please fill out the stole

application that can be located on the Sac

and Fox website: Sac and Fox Nation Education Department.

Also, the High School Senior Banquet

will be April 16, 2024, at the Grand Casino. 6:00 pm to 9:00 pm. Please call to

make your RSVP reservation. 918 968-

3526, Extension: Justin Morris 2043 or

Edwina 2046 or Edwina cell phone number 405 328-0402.

If you have any questions, please con-

by Edwina Butler-Wolfe

tact Edwina.

Thank you,

Edwina Butler-Wolfe

Director of Education

Toni McEntire Birthday Celebrated

At Annual Shareholders Meeting

Family and friends of Sac and Fox Nation tribal member Toni McEntire, left,

celebrated her birthday during the Annua Shareholders Meeting held March

(Photo Provided by Cathy Lauderdale)

16 in the Sac and Fox Community Bldg.

SAC AND FOX TAX COMMISSION

REVENUE

June 2023

Beer and Liquor...................................................................$372.91

Motor Vehicle...................................................................$8,300.30

Sales Tax........................................................................$15,803.29

Treasury.............................................................................$1,440.00

Oil and Gas.............................................................................$0.00

Gaming..........................................................................$194,318.36

TOTAL..............$220,234.86

SFN Activity Committee

Save the Dates:

• Jim Thorpe Day Event at SFN Community Building - Tuesday, April 16, 2024

•Seniors of the Year Voting - Tuesday, April 16,

2024

• Tribal Princess application deadline - Friday,

May 17, 2024

Page 5 - Sac and Fox News - April 2024

SFN Grievance Committee Lists

Contact Information for Tribal Members

Sac and Fox Nation Grievance Committee officers shown from left are: Vice

Chairperson Charlotte Valero; Chairperson Maria Starr; and, Secretary Karen

Rice. Tribal members wanting to contact the committee can do so by email at:

GrievanceChair@sacandfox.com, or by calling 918-968-3526, Ext. 1009.

(Photo by Mike Brown)

SFN Activity Committee

Save the Dates:

• Jim Thorpe Day Event at SFN Community Building Tuesday, April 16, 2024

•Seniors of the Year Voting - Tuesday, April 16, 2024

• Tribal Princess application deadline - Friday, May 17,

2024

RAP Lawn Care Application Form

Sac and Fox Nation

Elders RAP Lawn Care

Services Program

920883 S Highway 99,

Stroud OK 74079

Ph# (918) 968- 3526 ext. 2012

Fax# (918) 968 - 0142

Elders Lawn Care Services

Program Guidelines

This program is designed to

provide Lawn Care Services for

the safety and healthy daily living

needs of all our eligible Sac and Fox

Nation Tribal Member Elders and

those members who are physically

disabled and cannot safely perform

Lawn Care themselves, regardless

of location/residency.

• Applicant(s) must be an enrolled member of the Sac and Fox

Nation age 55 or older, or who is

physically disabled and residing

within or out of jurisdiction.

• Participants will have their

lawns cut Two (2) times per month

for 6 (six) months, based on available funding and number of participants served.

• Funding for this program is

limited and each application will

be processed in the order in which

it was received. This program will

fund as many Tribal Member requests as funding will permit.

However, preference may be given

to emergency situations.

• Applicants claiming a physical

disability MUST provide a physician’s statement.

Page 6 - Sac and Fox News - April 2024

SAUK LANGUAGE DEPARTMENT

PHILOSOPHY

Indians are born speaking our languages. For some of

us, they lie dormant within our bodies. They are looking

for a way out. God gave us these beautiful languages. All

of us hold them in a sacred manner within. There is no

such thing as an Indian person who cannot speak Indian.

Our language programs find these languages within

our bodies. They bring them out through our mouths and

deliver them to their rightful resting places within our

hearts.

April Comic

Page 7 - Sac and Fox News - April 2024

Business Committee Meeting Minutes

Business Committee Meeting Minutes

ANNOUNCEMENT!

Mother’s Day

Luncheon

Sat., May 11, 2024

1 p.m. - 4 p.m.

Sac and Fox Community Building

• Honoring “Mother of the Year”

• Honoring All Mothers!

• Complimentary Photos Taken!

• Musical Entertainment!

Sac and Fox Elders Advisory Committee

April Word Search

Page 8 - Sac and Fox News - April 2024

920963 S. Hwy. 99, Building A • Stroud, OK 74079 • (918) 968-1141 • FAX (918) 968-1142

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

·

Assistant Cook – Human Services #2024-19 (Part-time, Stroud)

Executive Assistant (Gaming) #2023-43 (Shawnee)

Compliance Officer (Gaming)

Environmental Technician

Transportation Coordinator

Surveillance Observer (Gaming)

Resident Advisor(s) *NEW SALARIES*

Human Resources Assistant

Behavioral Health Licensed Therapist (BHHC, Stroud) #2023-37

Realty Specialist #1 (Stroud) #2023-51

Policy Analyst, #2024-05 (Stroud)

Capitol Security Officer #2024-11 (Stroud)

Temporary ARPA Realty Clerk, #2024-16 (Stroud)

Cook – Juvenile Detention Center #2024-21 (Stroud)

Shift Manager – Juvenile Detention Center #2024-22 (Stroud)

Custodian I – Maintenance #2024-23 (Stroud)

Landscaper/Laborer – Maintenance 2024-25 (Stroud)

RAP Specialist I & II # 2024-28 (Stroud)

Police Officer (Stroud) #2024-29

Cashier – Finance (Stroud) #2024-30

Staff Accountant (Stroud) #2024-31

Outreach Specialist (Stroud) #2024-32

Realty Specialist II #2024-34 (Stroud)

Self-Governance Specialist #2024-35 (Stroud)

Laboratory X-Ray Assistant #2024-37 (Stroud)

Meal Delivery Driver – Human Services Part-Time (#2024-39)

John Carrington, HR Director

hrdirector@sacandfox.com

Activity Committee Announcement

NOTICE

A W-9 form is not needed for Per

Capita Payments unless you have a

name change, new address, you are

a newly-enrolled tribal member or, if

required, for RAP applications.

W-9 FORM MUST BE CUT ON DOTTED LINE BEFORE MAILING

^

Business Committee Meeting Minutes

are accessible on the Website

sacandfoxnation-nsn.gov

Sac and Fox

Nation Telephone

Extensions

Main Number:

918-968-3526

• Chief - 1008

• Second Chief - 1004

• Treasurer - 1006

• Secretary - 1007

• Committee Member - 1005

• BC Front Desk - 1009

• Tax - 1043-1045

• Accounting - 1030-1036

• Property and Procurement 1020-1039-1022

• Maintenance - 2062

• BHHC - 918-968-9531

• ICW - 1711

• Court - 2039

• Library - 2020-2021

• Language - 1075

• JUVI - 4000

• USDA - 2077 (WIC 2079)-20802081-2082

(Warehouse USDA 2089)

• Education - 2046

• IT - 2041

• Police - 2033

• Self-Governance - 1080

• Capitol Security - 1090

• Realty - 1052

• Enrollment - 1040-1041

• RAP - 2000 - 2001

• Social Services - 2010-2011

• OES - 2091-2092-2094

• Veterans - 1065

• Newspaper - 1060

• Tribal Administrator - 1010

• NAGPRA/Historic

Preservation - 1070

• ARPA - 1819

X

X

X

SAC AND FOX NATION

920883 S. HIGHWAY 99 BLDG. “A”

STROUD, OKLAHOMA, 74079

X

X

X

^

The Sac & Fox Nation Activity Committee is comprised of tribal member volunteers who have the desire to promote activities

within our tribe. The Activity Committee is open to all Sac &

Fox Nation tribal members as well as non-tribal members. The

Activity Committee will hold a regular meeting the first Tuesday of every month at 6:30 pm in the Cultural Center in Stroud,

OK. Meetings are open to the public. The Activity Committee

encourages membership, ideas, suggestions and/or concerns of

the organization and hosting events.

Page 9 - Sac and Fox News - April 2024

Business Committee Meeting Minutes

SFN Powwow Committee

Pepônokê Winter Dance Snapshots

The Sac and Fox Nation Powwow Committee sponsored a benefit Winter

Dance on March 9 at the Sac and Fox Community Bldg. Officials included:

Head Singer - Ryan Goodfox; Head Man Dancer - Zachary Butler Jr.; Head

Lady Dancer - Alecia Frazier-Walker; Head Gourd Dancer - Jaime Cerantes;

Master of Ceremonies - Marshal Williamson; and Arena Director Tomi Colder

on.

(All Photos Provided by Cathy Lauderdale)

Page 10 - Sac and Fox News - April 2024

April 2024

SAC AND FOX NATION

FOOD DISTRIBUTION

PROGRAM

STROUD WAREHOUSE

918-968-3030 • 1-800-256-3398

SHAWNEE OFFICE

405-395-0063 • 1-886-622-2310

ALL FOOD DISTRIBUTIONS

ARE BY APPOINTMENT ONLY! THANK YOU!!

HOURS (Monday-Friday)

Certification

8 am - 5 pm

Distribution

8 am - 3 pm

Store AM Inventory 8 am - 8:30 am

Store PM Inventory 3 pm - 5 pm

Kids and Grandkids

Are G-R-E-A-T!!

We want to feature the scholastic, academic and

athletic awards or achievements of your child or

grandchild of the Sac and Fox Nation!

Send all pertinent information, such as name of

student, town, school and grade attending,

explanation of award or achievement, and names of

parents and/or grandparents, along with a current

photo of the student to:

newspaper@sacandfoxnation-nsn.gov

or: Sac and Fox News, 920963 S. Hwy. 99

Stroud, OK 74079

HOME DELIVERIES ARE FOR

HOMEBOUND AND/OR DISABLED

ELDERS. CALL OUR

STROUD OFFICE

TO SEE IF YOU QUALIFY.

This institution is

an equal opportunity provider.

If at least 1 in your household

has a CDIB, you reside within

our 5 tribe Service Area, & you

meet USDA Income Guidelines…

YOU MAY QUALIFY!!!

CALL TODAY!!! 1-800-256-3398

This institution is an equal opportunity provider.

Page 11 - Sac and Fox News - April 2024

Sac and Fox, Kickapoo Elders Extravaganza Highlights

(All Photos Provided by Cathy Lauderdale)

Page 12 - Sac and Fox News - April 2024

RAP Department Application Forms

RAP Department Application Forms

Page 13 - Sac and Fox News - April 2024

RAP Department Application Form

Page 14 - Sac and Fox News - April 2024

Chief Carter’s Comments on Proposed Consent Decree

(Continued from Page 1)

proximately $16 million, and the negotiated amount appears on its face to reflect

a settlement in the lower mid-range of the

maximum possible sum. In the public

interest, the Justice Department should

provide to the Court and the public an

explanation as to how this stipulated penalty is fair under the circumstances, including whether HEP will face additional

federal regulatory actions for regulatory

actions other than those addressed in the

consent decree.

Further, the injunctive and other relief

set forth in the proposed consent decree

covers a range of corrective actions. In

particular, HEP would be required to

“treat the entire Pipeline as known to

be susceptible to threat of failure due to

cracks...for all future risk assessment and

operational purposes,” which seems appropriate. The consent decree further

would require HEP to create and implement written procedures for addressing future discharges from the pipeline,

including providing notice to federally

recognized Indian tribes within whose

jurisdictions the pipeline operates. HEP

would also be required to take steps concerning training, inspection, and prevention associated with pipeline cracks, as

well as to provide reports on its compliance with the consent decree.

The obligations under the consent decree would continue even if HEP were to

sell the aging pipeline. All of these requirements appear, in general, to be warranted and appropriate. At the same time

the public-and in particular, the Nation’s

citizens-have a public interest in the safety of pipelines and in knowing that the

obligations under the consent decree are

as protective as possible under the circumstances. Cushing, the major pipeline

terminal in the United States, is located

within the Sac and Fox Reservation, and

includes not only the Osage Pipeline,

but numerous additional pipelines which

criss-cross the Nation’s Indian country.

In recent years there have been multiple instances around the country of

opposition by the tribal public to the

construction of new crude oil pipelines.

The rupture of the HEP pipeline at Skull

Creek illustrates the reason—namely,

there is a history in Indian country of

problems along pipelines on Indian land

for which the operators were not held

responsible or accountable or when they

ignored the input and requests of tribal

governments.

For all these reasons, the Nation supports

increased transparency concerning the

proposed consent decree, including with

respect to how the stipulated sum was

determined, and the basis and sufficiency

of the proposed injunctive relief and other corrective actions. Such transparency

in the public court filings would serve

to build public confidence, including

among the Nation’s citizens, that the proposed consent decree has addressed the

problems, and will result in safer operation of the pipeline by HEP in the future.

2. The Consent Decree Does Not Adequately Address the Lack of Consultation

by HEP with the Nation. In the aftermath

of the Osage pipeline rupture, the Nation

was treated as an outsider, a situation

that continued for months. This situation

arose, in part, because of the lack of response, coordination, and consultation

by the federal agencies. In addition, HEP

seemingly had no plan for coordinating

with the Nation, despite the fact that it

operates an important pipeline that crosses tribal jurisdictions. The proposed consent decree only generally addresses this

problem, and does not adequately ensure

that it will not be repeated.

As noted, representatives of the EPA,

the federal agency the Nation understands was the lead in responding to the

spill, did not fully engage the Nation for

two months. In fact, the Nation initiated the first contact with the EPA in late

July, when the Nation’s environmental

director asked EPA representatives about

the situation at a conference. The EPA’s

FOSC did not meet with the Nation until

after extensive response construction had

already occurred at the site. In the interim, the Nation’s contacts largely were

with HEP. While representatives of the

Nation’s cultural department were permitted to tour the Skull Creek location,

HEP’s contractor was wary of sharing

information in the beginning, and it was

not until a meeting in late August that

regular communication was established.

Partially addressing the situation, the

provisions of

the proposed consent decree would require HEP to develop a written procedure

requiring the company to notify a tribal

government of a pipeline discharge within its jurisdictional boundaries.

While that is a step toward improving

communications between HEP and the

Nation, it does not go far enough. Mere

notice of a pipeline rupture or discharge

is a starting point, but the consent decree

should require more, that HEP not only

issue a notice in the event of a future

discharge, but consult with the Nation

now on policies and procedures to be implemented upon such an occurrence, including exchange of information, access,

costs, and other matters. Since the Osage

pipeline rupture, the Nation’s representatives have met a number of times with

HEP, but still have not resolved a number

of open issues. To improve the communication and coordination going forward

will require that HEP not merely provide

a notice to the Tribal officers specified

in the consent decree, but that it consult

with the Nation in developing notice procedures, and, more importantly, policies

concerning further communications and

response activities.

3. The Consent Decree Does Not Adequately Address the Failure by HEP and

the Federal Agencies to Protect Tribal

Cultural Properties. In addition to the

lack of communication and coordination

in the aftermath of the Osage pipeline

rupture, the Nation was unable to secure satisfactory protection for its most

important resource - its cultural heritage. HEP moved forward with major

ground-disturbing activities immediate-

- Letter to the Editor -

March 20, 2024

Dear Tribal Members,

Understanding-the-past to strengthen

a Nation’s future is the diverse-mindset

we-should-embrace. The General-Manager-of-our-casinos presented a recognition of tribal-positivity on March 16th.

The General-Manager’s tenure began in July-2020 as the first-Chief-Financial-Officer (CFO) alongside a

NEW-proven-industry-leader-general-manager. At the end of 1Q 2019, I

began my tenure as the Sauk Business

Enterprise Board (SBEB) Chairman. Our

team united to develop the successful

business operation restructuring model

in place today. POSITIVITY!

The 2024-Shareholder-General-Manager-Report/Financial-Highlights reflect

gaming-dollars-transferred to the Sacand-Fox-Nation-(SFN) for Revenue-Allocation-Plan-(RAP) for FY2024 1Q

and 2Q are on-target to maintain the upward-trend. POSITIVITY!

The business operation restructuring

model has produced-a-revenue-increase

from FY2020-$5.9 to FY2021-$12.4,

over a 100% uptick. Hard-work and dedication from the SBEB, GM, CFO, and

casino-staff-team delivered a historical

FY2022 exceeding-$13.9-million. February-2022 produced the highest-revenue-generating-February in our casinos-history. POSITIVITY!

The 2024-Shareholder General Manager Report/Financial Highlights depicts a

graph of the annual revenue transferred-to

SFN with a declining revenue between

FY2015-FY2020. The main-contributor

to the low-revenue-years of 2018 and

2019 is a single-promotion-developed by

the past-management and approved by

the regulating authority. The overall-loss

of this single-promotion was approximately-$5.7 million. To put this calculation-into-perspective, in 2019, the overall-revenue-generated for the year was

approximately-$5.7-million.

The Revenue-Allocation-Plan, approved by the Department-of-Interior,

reads that gaming-dollars-transferred

to the SFN are to-be-investment into

a low-risk interest-bearing-account

with a federally-insured-financial-institution prior-to-distribution. And interest-earned-prior-to-distribution

on

net-gaming-revenues-deposited in this

account shall-be-distributed as part of

the per-capita-payment. Reference: RAP

Section VIII. Use of Net Gamin Revenues; Individual Per Capita Payments

(A)(2).

Indicators-supporting-per-capita payments were handled-outside-the-boundaries of the approved-Revenue-Allocation-Plan.

Each

year,

the

quarterly transferred dollars are reported at RAP-Council. The final-number

of the per-capita-payment should include the transferred-gaming-dollars

plus-additional-interest-dollars incurred

by each quarterly-transfer-invested in a

low-risk-interest-bearing account.

Let’s refocus and build up the Sac and

Fox Nation and each Tribal Member.

Project POSITIVITY!

Respectfully,

Lavonda Youngman

ly at the site of the pipeline rupture, but

without any consultation with the Nation,

and without any oversight and monitoring by the Nation.

The Nation has no idea what cultural

materials may have been lost. The lack

of adequate cultural protection following

the Skull Creek pipeline rupture traces to some extent to the construction of

the pipeline in the 1970s. At the time,

federal law required a consideration of

the impacts on cultural sites, as it does

to this day. The Nation believes the BIA

should have required an assessment or

study of the pipeline route in accordance

with Sections 106 and 110 of the National Historic Preservation Act of 1966,

and the implementing regulations under

Section 106 for the protection of historic properties at (36 C.F.R. § 800 et seq.).

There should also have been an assessment in accordance with the National

Environmental Policy Act of 1969, under

which potential effects (both direct and

indirect) to cultural and historic resources must be considered.

Yet, to date, neither HEP nor the BIA

has been able to produce any such documentation prepared when the pipeline

was built. Not only was there construction underway by HEP following the

Skull Creek discharge, but another pipeline company at the same time excavated

and checked for leaks on an HEP ordered

a brief “desktop study” relating to cultural

impacts in late July, which showed there

were no archaeological sites or historic

structures recorded by the state within

project area. But HHP’s contractor consulted only with the state; the Nation was

not consulted. Further, the Nation had

difficulty obtaining information it needed to reach its own conclusions about potential cultural impacts. When the Nation

eventually obtained information about

what the Oklahoma Archaeological Survey had reported to HHP’s consultant, it

learned that there was a site in the vicinity of the project area at which the state

believed there was a potential for human

remains. Logic dictates that if there is

one such potential site in the area there

may be more. Further, it appears the desk

top survey did not report potential archaeological and historical sites because

no such investigation had been done in

the past. When a more complete cultural

survey of the project area was completed several months later, it showed there

several such sites within the project area,

including a pre-contact site.

To avoid a repeat of this situation, the

consent decree should contain provisions

adequately ensuring that information

about cultural and historic properties on

Indian lands is collected and is available in accordance with applicable law.

Specifically, the consent decree should

require HEP to reassess cultural and historic properties on all Indian lands the

Osage pipeline crosses and for which it

does not have such information, and to

prepare all associated studies and surveys and reports required by law. Further, such cultural reassessments should

be conducted not only in conjunction

with the BIA but also with the Nation or

any other tribe with Indian country jurisdiction over such tracts.

Aside from the availability of cultural

information, HEP should have consulted

immediately with the Nation concerning

emergency protection of unknown cul-

tural sites, including graves and archeological sites. A typical approach in such

instances, and one used by other pipeline

companies operating within Sac and Fox

country, is to quickly employ the use of

tribal monitors to observe ground-disturbing activities. The Nation’s cultural

office began attempting to implement a

tribal monitoring program soon after the

spill. HEP, however, was resistant, and

negotiations continued for four months

until November 2022, while work proceeded at the site.

Eventually, the Nation and HEP

reached an agreement, and tribal monitors began observations at the site in

mid-November 2022, again, after extensive ground-disturbing activities already

had occurred. The agreement, however, was short-lived. It lapsed in August

2023, and no additional agreement has

been reached. As a result, two pipelines

engaged in extensive ground-disturbing

construction at the same time in an area

for which none of the legally required

cultural and archaeological information

apparently was available.

The proposed consent decree obligates HEP to make “good faith efforts to

continue to fund tribal monitors” for the

duration of the cleanup and remediation

work. This provision has no real teeth,

however, and it does not address the

overall need for a better communication

and understanding between the parties.

The Nation wants to protect the cultural

resources it has left. It wants to ensure

that inadvertent disturbances of burials and other cultural sites are handled

properly and in accordance with laws. A

tribal monitoring arrangement, which, as

noted, the Nation has with other pipeline

companies, is one means for achieving

such protection.

All in all, what is needed in addition

to an agreement relating to tribal monitors is an overall understanding between

the parties concerning the protection of

cultural resources in the event of pipeline emergencies. This includes an understanding how inadvertent discoveries

will

be handled, in accordance with laws and

the Nation’s wishes, as well as related

matters. Consultation on such an agreement would help increase both HHP’s

and the Nation’s understanding of each

other’s positions, and would contribute

to better emergency response.

Conclusion

Although the discharge from the Osage

pipeline occurred on individual Indian allotments, the land is within the Nation’s

reservation and homeland, and within its

Indian country jurisdiction, and plainly

is of major interest to our people. The

pipeline rupture and its aftermath point

to the problem our tribe and others have

encountered historically with the entities

that hold rights of way on Indian lands.

The Nation is hopeful that the Justice

Department will give the Nation’s comments serious consideration, and will

make revisions to the proposed consent

decree to help ensure that the lack of

communications and gaps in the procedures applicable to cultural protection

occurring after the Skull Creek pipeline

rupture are not repeated.

Respectfully submitted on behalf

of the Sac and Fox Nation,

Randle Carter, Principal Chief