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2008 Legislative Resolutions

Date2008
ClassificationsArchive
Object numberLG.LGR.2008
Description2008 Legislative Resolutions

08-102-RG - A resolution designating the inaugural meeting of the Citizen Potawatomi Nation Legislature as the Spring 2008 Quarterly meeting.

08-103-NR - A resolution approving a Fee-to-Trust acquisition application to the BIA and request for trust acquisition of the (NON-gaming/ON reservation) Coker property.

08-104-HHS - A resolution approving an agreement between the CPN WIC program and the US Dept. of Agriculture (USDA) to promote breastfeeding.

08-105-HHS - A resolution supporting an increase in funding for the CPN's sanitation facilities construction program, P.L. 86-121 for existing homes offered through the US Indian Health Service (Project OK 08-Q53).

08-106-HHS - A resolution supporting an increase in funding for the CPN's sanitation facilities construction program, P.L. 86-121 for existing homes offered through the US Indian Health Service (Project OK 08-Q43).

08-107-HHS - A resolution supporting an increase in funding for the CPN's sanitation facilities construction program, P.L. 86-121 for new and like new homes offered through the US Indian Health Service (Project OK 08-D47).

08-108-NR - A resolution authorizing the CPN to enter into a cooperative agreement as described in Public Law 109-59 Section 10211 with the State of Oklahoma for compliance, assurance, permitting, and enforcement of identical environmental statutes and standards as that of the State of Oklahoma within CPN Indian Country.

08-109-RG - A Resolution pertaining to Tribal Rolls.

08-110-NR - A resolution authorizing and supporting the CPN's grant application for a FY 2008 Clean Air Act Section 103 Tribal Air program grant through the Environmental Protection Agency.

08-111-JPS - A resolution approving the CPN's application for funding under the FY 2008 COPS Tribal Resources Grant Program (TRGP) through the US Dept. of Justices' community oriented policing services.

08-112-JPS - A resolution approving the CPN's application for funding under the FY 2008 COPS Secure Our Schools (SOS) grant program through the US Dept. of Justices' community oriented policing services.
Finding AidResolutions not available to the public due to enrollment: 08-109-RG CITIZEN POTAWATOMI NATION RESOLUTION # 08-102-RG A RESOLUTION DESIGNATING THE INAUGURAL MEETING OF THE CITIZEN POTAWATOMI LEGISLATURE AS THE SPRING 2008 QUARTERLY MEETING. WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, Article 14, Section 1, of the Constitution of the Citizen Potawatomi Nation states that the regular quarterly meeting of the Business Committee shall be held on the last Thursday in February, May, August and November; and WHEREAS, the inaugural meeting of the newly established Legislature of the Citizen Potawatomi Nation is to take place April 24, 2008 through April 26, 2008; RESOLUTION # 08-102 PAGE # 2 CITIZEN POTAWATOMI NATION NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution designating the inaugural meeting of the Citizen Potawatomi Nation Legislature as the Spring 2008 Quarterly meeting IS HEREBY APPROVED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-102, as approved on the 26th day of April, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-103 NR A RESOLUTION APPROVING A FEE-TO-TRUST ACQUISITION APPLICATION TO THE BUREAU OF INDIAN AFFAIRS AND REQUEST FOR TRUST ACQUISITION OF THE (NON-GAMING / ON RESERVATION) COKER PROPERTY WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Citizen Potawatomi Nation is making application to the Southern Plains Regional Office of the Bureau of Indian Affairs to request transfer of "fee-simple" title to the "United States of America in Trust for the Citizen Potawatomi Nation"; and WHEREAS, Section 5 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 985; 25 USC 465) provides authority for the Fee-to-Trust acquisition; and WHEREAS, the property is ON-reservation or within the former reservation boundaries of the Citizen Potawatomi Nation and legally described in Attachment A; and WHEREAS, the property was purchased with tribal funds for NON-gaming or gaming-related use; and RESOLUTION # 08-103 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Legislature believes that increasing the tribal land base furthers the pursuit of Tribal Self Determination and allows future generations of tribal leaders to have the flexibility to use the land for the health, welfare, and sovereignty of the Citizen Potawatomi Nation; and WHEREAS, the Citizen Potawatomi Nation owns the surface rights to the property in fee simple and the land is currently not under lease; and WHEREAS, the land has ingress and egress and is adequate for traffic and services and the current land use is for commercial and the proposed use is for commercial; and WHEREAS, the Citizen Potawatomi Nation agrees to indemnify and hold harmless the United States, its agents and employees, against any lawsuits, loss, expense, and claim potentially filed against the tribe for any damages relating to asbestos and lead- based paint, if any, associated with the improvements located on the property described in Attachment A; and NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution supporting the Fee-to-Trust acquisition application to the Southern Plains Regional Office of the Bureau of Indian Affairs and trust acquisition of the COKER Property IS HEREBY APPROVED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-103, as approved on the 26th day of April, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-104 HHS A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITIZEN POTAWATOMI NATION WIC PROGRAM AND THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) TO PROMOTE BREASTFEEDING. WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967) and the Indian Reorganization Act of 1934; and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the United States Department of Agriculture, Food and Nutrition Service (USDA/FNS) through the Women Infants and Children (WIC) program promotes breastfeeding to prenatal women; and WHEREAS, the USDA/FNS is proposing a breastfeeding promotion project involving the WIC state agencies in Texas, Oklahoma, Louisiana, Arkansas, and New Mexico as well as the Indian Tribal Organization (ITO) WIC programs from the Citizen Potawatomi Nation, Chickasaw Nation, Wichita, Caddo & Delaware tribes, Five Sandoval Indian Pueblos, Cherokee Nation of Oklahoma, Choctaw Nation of Oklahoma, Muscogee Creek Nation, Eight Northern Pueblos, Pueblo of Isleta, RESOLUTION # 08-104 PAGE # 2 CITIZEN POTAWATOMI NATION Osage Nation, Otoe Missouria Tribe, Santo Domingo Tribe, Pueblo of San Felipe, Pueblo of Zuni, Acoma, Canoncito & Laguna, and Inter-Tribal Council of Oklahoma to promote breastfeeding. This project is managed by a workgroup consisting of Breastfeeding Coordinators from WIC agencies listed above known as the Working to Enhance Breastfeeding in the Southwest (WEBS) group; and WHEREAS, the funding for the breastfeeding promotion project will be supplied by the USDA/FNS and administered by the Citizen Potawatomi Nation WIC program. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION, that a resolution approving an agreement between the Citizen Potawatomi Nation WIC Department and the United States Department of Agriculture to promote breastfeeding IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $2,023,438 from the WIC account (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-104, as approved on the 26th day of April, 2007 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-105 HHS A RESOLUTION SUPPORTING AN INCREASE IN FUNDING FOR THE CITIZEN POTAWATOMI NATION'S SANITATION FACILITIES CONSTRUCTION PROGRAM, P.L. 86-121 FOR EXISTING HOMES OFFERED THROUGH THE U.S. INDIAN HEALTH SERVICE (PROJECT OK 08-Q53) WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Citizen Potawatomi Nation is submitting a Project Scope entitled "Citizen Potawatomi Nation/Pottawatomie Co. Individual. Water & Sewer" to the U.S. Indian Health Service (IHS) under the office of Environmental Health Sanitation Facilities Construction Branch under the authority of P.L. 86-121 for the construction of sanitation facilities. WHEREAS, the IHS will provide the funds and the Citizen Potawatomi Nation will design and construct the facilities under the provisions of the Self-Governance Compact that became effective on October 1, 1998. The total cost to IHS for providing sanitation facilities to13 homes is $101,000.00; and RESOLUTION # 08-105 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Citizen Potawatomi Nation fully supports the entire project for the construction of sanitation facilities as provided by the provisions of its Self- Governance Compact with IHS/DHHS effective on September 30, 1998 and the Multi-year Funding Agreement 2008-2010 (MFA) with the IHS/DHHS executed by these parties and effective on October 1, 2007. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution approving an increase in IHS funding for CPN Sanitation Facilities construction for existing homes IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $ 101,000.00 from the Office of Environmental Health (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-105, as approved on the 26th day of April, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-105 HHS A RESOLUTION SUPPORTING AN INCREASE IN FUNDING FOR THE CITIZEN POTAWATOMI NATION'S SANITATION FACILITIES CONSTRUCTION PROGRAM, P.L. 86-121 FOR EXISTING HOMES OFFERED THROUGH THE U.S. INDIAN HEALTH SERVICE (PROJECT OK 08-Q53) WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Citizen Potawatomi Nation is submitting a Project Scope entitled "Citizen Potawatomi Nation/Pottawatomie Co. Individual. Water & Sewer" to the U.S. Indian Health Service (IHS) under the office of Environmental Health Sanitation Facilities Construction Branch under the authority of P.L. 86-121 for the construction of sanitation facilities. WHEREAS, the IHS will provide the funds and the Citizen Potawatomi Nation will design and construct the facilities under the provisions of the Self-Governance Compact that became effective on October 1, 1998. The total cost to IHS for providing sanitation facilities to13 homes is $101,000.00; and RESOLUTION # 08-105 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Citizen Potawatomi Nation fully supports the entire project for the construction of sanitation facilities as provided by the provisions of its Self- Governance Compact with IHS/DHHS effective on September 30, 1998 and the Multi-year Funding Agreement 2008-2010 (MFA) with the IHS/DHHS executed by these parties and effective on October 1, 2007. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution approving an increase in IHS funding for CPN Sanitation Facilities construction for existing homes IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $ 101,000.00 from the Office of Environmental Health (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-105, as approved on the 26th day of April, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-106 HHS A RESOLUTION SUPPORTING AN INCREASE IN FUNDING FOR THE CITIZEN POTAWATOMI NATION'S SANITATION FACILITIES CONSTRUCTION PROGRAM, P.L. 86-121 FOR EXISTING HOMES OFFERED THROUGH THE U.S. INDIAN HEALTH SERVICE (PROJECT OK 08-Q43) WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June18, 1934, and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Citizen Potawatomi Nation is submitting a Project Scope entitled "Citizen Potawatomi Nation/Scattered Exist. Homes Water & Sewer" to the U.S. Indian Health Service (IHS) under the office of Environmental Health Sanitation Facilities Construction Branch under the authority of P.L. 86-121 for the construction of sanitation facilities. WHEREAS, the IHS will provide the funds, and the Citizen Potawatomi Nation will design and construct the facilities under the provisions of the Self- Governance Compact that became effective on October 1, 1998. The total cost to IHS for providing sanitation facilities to 42 homes is $248,000.00 RESOLUTION # 08-106 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Citizen Potawatomi Nation fully supports the entire project for the construction of sanitation facilities as provided by the provisions of its Self- Governance Compact with IHS/DHHS effective on September 30, 1998 and the Multi-year Funding Agreement 2008-2010(MFA) with the IHS/DHHS executed by these parties and effective on October 1, 2007. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution supporting an increase in IHS funding for the Citizen Potawatomi Nation Sanitation Facilities construction for existing homes IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $ 248,000.00 from the Office of Environmental Health (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-106, as approved on the 26th day of April, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-107 A RESOLUTION SUPPORTING AN INCREASE IN FUNDING FOR THE CITIZEN POTAWATOMI NATION'S SANITATION FACILITIES CONSTRUCTION PROGRAM, P.L. 86-121 FOR NEW AND LIKE NEW HOMES OFFERED THROUGH THE U.S. INDIAN HEALTH SERVICE (PROJECT OK 08-D47). WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 7, Section 2 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Business Committee's authority ''to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Citizen Potawatomi Nation is submitting a Project Scope entitled "Citizen Potawatomi Scattered Housing" to the U.S. Indian Health Service (IHS) under the office of Environmental Health Sanitation Facilities Construction Branch under the authority of P.L. 86-121 for the construction of sanitation facilities WHEREAS, the IHS will provide the funds, and the Citizen Potawatomi Nation will design and construct the facilities under the provisions of the Self- Governance Compact that became effective on October 1, 1998. The total cost to IHS for providing sanitation facilities to39 homes is $368,000.00 RESOLUTION # 08-107 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Citizen Potawatomi Nation fully supports the entire project for the construction of sanitation facilities as provided by the provisions of its Self- Governance Compact with IHS/DHHS effective on September 30, 1998 and the multi- year funding agreement 2008-2010 (MFA) with the IHS/DHHS executed by these parties and effective on October 1, 2007. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION, that a resolution supporting an increase in funding for construction of sanitation facilities for new and like-new homes IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $ 368,000.00 from the Office of Environmental Health (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-107, as approved on the 26th day of April, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-108 NR A RESOLUTION AUTHORIZING THE CITIZEN POTAWATOMI NATION TO ENTER INTO A COOPERATIVE AGREEMENT AS DESCRIBED IN PUBLIC LAW 109-59 SECTION 10211 WITH THE STATE OF OKLAHOMA FOR COMPLIANCE ASSURANCE, PERMITTING, AND ENFORCEMENT OF IDENTICAL ENVIRONMENTAL STATUTES AND STANDARDS AS THAT OF THE STATE OF OKLAHOMA WITHIN CITIZEN POTAWATOMI NATION INDIAN COUNTRY WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers in the Tribal government by specific limitations on the powers of the Legislature and by the reservation and delegation of specific powers to other entities of the Tribal government, with all other general powers embodied in the Legislature "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future;" and WHEREAS, the Citizen Potawatomi Nation seeks to retain compliance assurance, permitting, and enforcement of the State of Oklahoma's environmental statutes and standards within Citizen Potawatomi Nation Indian Country; and WHEREAS, the Citizen Potawatomi Nation has adopted environmental statutes and standards identical to those of the State of Oklahoma; and RESOLUTION # 08-108 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, pursuant to Public Law 109-59 Section 10211, in order for an Indian Tribe to have the same federally delegated program authority as that of the State of Oklahoma, it is a requisite that the Indian Tribe enter into a Cooperative Agreement with the State of Oklahoma. WHEREAS, under the authority granted by Resolution #07-73, dated January 17, 2007, the Citizen Potawatomi Nation has negotiated with the State of Oklahoma and the United States Environmental Protection Agency to arrive at a Cooperative Agreement with mutually acceptable terms. (Attachment A) NOW, THEREFORE, BE IT RESOLVED, that a resolution authorizing the Citizen Potawatomi Nation to enter into a Cooperative Agreement, as described in Public Law 109-59 Section 10211, with the State of Oklahoma for compliance assurance, permitting, and enforcement of identical environmental statutes and standards as that of the State of Oklahoma within Citizen Potawatomi Nation Indian Country IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-108, as approved on the 26th day of April, 2008, with 16 voting for, 0 opposed 0 absent, and 0 abstentions. D. Wayne Trousdale Secretary-Treasurer Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-110-NR A RESOLUTION AUTHORIZING AND SUPPORTING THE CITIZEN POTAWATOMI NATION'S GRANT APPLICATION FOR A FISCAL YEAR 2008 CLEAN AIR ACT SECTION 103 TRIBAL AIR PROGRAM GRANT THROUGH THE ENVIRONMENTAL PROTECTION AGENCY WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Environmental Protection Agency, Region 6 (EPA) has announced the availability of grant funds for tribal grants under Section 103 of the Clean Air Act; and WHEREAS, the EPA is soliciting applications and work plans from tribes for a Fiscal Year 2008 Clean Air Act Section 103 Tribal Air Program grant (Section 103 Air Grant); and WHEREAS, Section 103 Air Grant funds may be used by tribes for air quality planning and management activities; and RESOLUTION # 08-110 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Citizen Potawatomi Nation proposes to submit a grant application to establish a tribal air quality program that includes air program staffing, air resources planning, a baseline air quality assessment, and operational and support costs. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION, that a resolution authorizing and supporting the Nation's grant application for a Fiscal Year 2008 Clean Air Act Section 103 Tribal Air Program grant through the Environmental Protection Agency IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of federal funds in the amount of $72,563 from the FY08 Clean Air Act Section 103 Tribal Air Program (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution #POTT 08-110, as approved on the 5th day of June, 2008, with 16 voting for, and 0 voting opposed, and 0 absent or abstaining. Linda Capps Vice Chairman Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-111-JPS A RESOLUTION APPROVING THE CITIZEN POTAWATOMI NATION'S APPLICATION FOR FUNDING UNDER THE FISCAL YEAR 2008 COPS TRIBAL RESOURCES GRANT PROGRAM (TRGP) THROUGH THE UNITED STATES DEPARTMENT OF JUSTICES' COMMUNITY ORIENTED POLICING SERVICES WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Tribal Resources Grant program has allocated Fiscal Year 2008 funds and is soliciting grant applications from Tribes for training, equipment, department-wide technology, and vehicles for their tribal law enforcement agencies; and WHEREAS, the Citizen Potawatomi Nation is experiencing an increased need for law enforcement services within our community due to the construction of a health clinic, a family fun center, and a youth services facility ; and RESOLUTION # 08-111 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, the Citizen Potawatomi Nation is proposing an addition of four police vehicles to its fleet, and WHEREAS, the total cost of all proposed equipment is $134,000 and there is no local share requirement for TRGP 2008 grants. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution authorizing and supporting the Citizen Potawatomi Nation's application for funding under the Fy 2008 COPS Tribal Resources Grant program IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $134,000 from the FY08 COPS Tribal Resources Grant Fund for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-111, as approved on the 5th day of June, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. Linda Capps Vice Chairman Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman CITIZEN POTAWATOMI NATION RESOLUTION # 08-112-JPS A RESOLUTION APPROVING THE CITIZEN POTAWATOMI NATION'S APPLICATION FOR FUNDING UNDER THE FISCAL YEAR 2008 COPS SECURE OUR SCHOOLS (SOS) GRANT PROGRAM THROUGH THE UNITED STATES DEPARTMENT OF JUSTICES' COMMUNITY ORIENTED POLICING SERVICES WHEREAS, the Citizen Potawatomi Nation is a federally recognized Tribe of American Indians with Constitutional authority under the Act of June 18, 1934 and the Oklahoma Indian Welfare Act of June 26, 1936, (49 Stat. 1967); and WHEREAS, the Citizen Potawatomi Nation has sovereign powers that are inherent in Tribal tradition, derived from a history of organized self-government since time immemorial, and recognized by treaties with the United States and in the Constitution of the United States; and WHEREAS, Article 4, Section 3 of the Citizen Potawatomi Nation Constitution provides for a separation of powers of the Tribal government by the reservation and delegation of specific powers to other entities of the Tribal government; and, except for these specific limitations, all other general powers of government are embodied in the Legislature's authority "to enact legislation, transact business, and otherwise speak and act on behalf of the Citizen Potawatomi Nation in all matters on which the Nation is empowered to act now or in the future"; and WHEREAS, the Secure Our Schools grant program has allocated Fiscal Year 2008 funds and is soliciting grant applications from local governments to assist with the development of school safety resources including deterrent measures, security assessments, training, and other measures that provide a significant improvement in security; and RESOLUTION # 08-112 PAGE # 2 CITIZEN POTAWATOMI NATION WHEREAS, Citizen Potawatomi Nation Police Department has entered into a partnership with the Dale Public School District to promote a safe learning environment for students and school personnel WHEREAS, school security will be enhanced by placement of five surveillance cameras on the Dale school campus and increased patrols by CPN Tribal Police; and WHEREAS, the total cost of all proposed equipment is $10,286 with an obligatory 50% cash share requirement for SOS 2008 grants of which Dale Public School has agreed to pay $2,500. NOW, THEREFORE BE IT RESOLVED BY THE LEGISLATURE OF THE CITIZEN POTAWATOMI NATION that a resolution authorizing and supporting the Citizen Potawatomi Nation's Fy 2008 Community Oriented Policing Services "Secure Our Schools" funding application IS HEREBY APPROVED. NOW, THEREFORE, BE IT FURTHER RESOLVED, that by act of this resolution and consistent with the separation of powers defined in the Constitution, if awarded, an appropriation of $5,143 from the 2008 COPS SOS Fund and $2643 cash match from the Enterprise Income (or other applicable accounts) for the implementation, negotiation, operation, enforcement, procurement, settlement, and or completion of this contract, compact, regulation or agreement by the Tribal Chairman or his designate IS HEREBY AUTHORIZED. CERTIFICATION The Legislature of the Citizen Potawatomi Nation hereby certifies that the above is a true and exact copy of Resolution POTT # 08-112, as approved on the 5th day of June, 2008 with 16 voting for, 0 opposed 0 absent or abstaining. Linda Capps Vice Chairman Executive Approval: x Approved Disapproved John A. Barrett Tribal Chairman