september 11, 2014 resolutions

Resolution No. 14-JS3-VJB

RESOLUTION OF THE GOVERNING BODY OF THE THREE AFFILIATED TRIBES OF THE

FORT BERTHOLD INDIAN RESERVATION

A Resolution Entitled: "Mature Status for Elbowoods M emorial Health Facility P.L. 93-638 contract# HHS-I-24 1 -201 4-0004"

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 1 8, 1 934, and the authority under said Act and having adopted a Constitution and By-Laws pursuant to said Act; and

WHEREAS, The Constitution of the Three Affiliated Tribe general ly authorizes and empowers the Tribal Business Council to engage in activities on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof: and

WHEREAS, Article I I I of the Constitution of the Three Afliliated Tribes provides that the Tribal Business Council is the governing body of the Tribes; and

WHEREAS, Article VI, Section 5 (I) of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council has the power to adopt resolutions regulating the procedure of the Tribal Business Council and other Tribal agencies; and

WHEREAS, The Tribal Business Council is aware of the Federal Government's Indian Health Service awarded the E1bowoods Memorial Health Facility a P.L. 9 3-638 as amended (P.L. .103-4 1 3) contract in May 2008, now as a currently assigned contract number # HHS-I-241 -20 14-00004, under a "term" status contract.

WHEREAS, The Tribal Business Council is aware of Section 4 (h) ;mature contract' means a self-determination contract that has been continuously operated by a tribal organization for three or more years, and for which there are no significant and material audit exceptions in the annual financial audit of the tribal organization: Provided. That upon the request of a tribal organization or the tribal organization's Indian tribe for purposes of section 1 02(a) [450f(a)] of this Act, a contract of the tribal organization which meets this definition shall be considered to be a mature contract;

WHEREAS, The Tribal Business Council seeks to implement the provisions of P.L. 93-638, as amended, to provide the Indian Health Service, Great Plains Area Office, three (3) consecutive years of satisfactory audits ( 20 I 0-20 1 1 -20 1 2) most recently (20 13), for the required perfornlance of the Single Audit Act as mandated in the Elbowoods Health Facility P.L. 93-638 contract.

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Resolution No. 14-153-v.m

NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council of the Three Affiliated Tribes requests to operate the Elbowoods Memorial Health Facility's P.L. 93-638 Contract and perform those program functions, services and activities related directly indirectly under a 'mature' and 'indefinite' term.

BE IT FINALLY RESOLVED, that the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Reservation hereby authorizes the Chairman to negotiate and execute any and all documents necessary to expeditiously implement the contracting provisions set forth under P.L. 93-638 as amended.

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Resolution No. 14-\S3-V.1B

CE R T I F I C A T I O N

I, the undersigned, as Secretary of the Tribal Business Council of the Three AfJiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, ..2.. were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 2014, that the foregoing Resolution was duly adopted at such meeting by the afJirmative vote of � members, ..Q.. members opposed, ..Q.. members abstained, ..Q.. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman [XI Voting. I I Not Voting.

Dated this K day of September , 2014.

Mandan Hidatsa Arikara Nation

ATTEST:

Tribal


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Resolution No. 1 4-IS4-VJB

RESOLUTION OF THE GOVERNING BODY OF THE THREE AFFI L1A TED TRJ BES OF THE


A Resolution Entitled: "Request for FY 2014/FY 2015 Appropriation of SI,543,448 for a New Four Bears Head Start Center within Four Bears Segment of the Fort Berthold Resen'a tion"

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and the authority under said Act and having adopted a Constitution and By-laws pursuant to said Act; and

WHEREAS, Article I I I of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council is the governing body of the Tribes; and

WHEREAS, The Constitution of the Three Affiliated Tribes authorizes and empowers the Tribal Business Council to engage in activities on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and

WHEREAS, Article VI, Section 5 (I) of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council has the power to adopt resolutions regulating the procedure of the Tribal Business Council and other Tribal agencies and Tribal officials on the Reservation; and

WHEREAS, The Tribal Business Council having prioritized Education for All the Tribal Membership throughout the Fort Berthold Indian Reservation; and

WHEREAS, The Four Bears Segment Representative and the Four Bears Community Board have determined it timely to submit a Proposal for the Development of a Four Bears Head Start Center for the students residing within the Four Bears Segment; and

WHEREAS, The Proposed Location within the Drags Wolf Village, docs have the adequate Infrastructure for the New Four Bears Head Start Center; and

WHEREAS, The Four Bears Segment Office having fonnally deternlined that that the total dollars needed for the New Four Bears Head Start Center of $1,543,448 to be located within the Drags Wolf Vil lage; and

WHEREAS, The Tribal Business Council of the Three Affiliated Tribes having previously went on record to improve and modernize by replacing the Head Start Facilities for adequate Education Facilities for our Youngest Tribal Members of the Three Affiliated Tribes; and

Resolution No. 14-IS4-VJ8

NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council hereby supports the Proposed New Four Bears Head Start Center presented by the Four Bears Segment Representative Brugh on behalf of the Four Bears Segment of the Fort Berthold Reservation; and

BE JT FURTHER RESOLVED, That the Tribal Business Council hereby appropriates Ii'om the tribal general fund in the amount of $ 1. 543.448 dollars for the construction of an FOllr Bears Head Start Center within the Drags Wolf Village with the full necessary infrastructure of electrical services, grading, street, water, sewer and security lighting within the Four Bears Segment.

BE IT FINALLY RESOLVED, That the Nell' FOllr Bears Head Start Center shall be constructed and built in ful l compliance with all applicable Codes and Regulations of the Three Affiliated Tribes within the Fort Berthold Indian Reservation.

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Resolution No. 14-1S4-VJB

C E R T I F ICA T J O N

I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, ..2... were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 2014. that the foregoing Resolution was duly adopted at such meeting by the affirmative vote of ..2 members, ..Q.. members opposed, ..Q.. members abstained, ..Q.. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman (XI Voting. I ( Not Voting.

Dated this � day of September , 2014.

Executiv Secre r�y Brugh Tribal Busln ss C<iuncil Mandan Hidatsa Arikara Nation

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Tribal Chairm n, Tex O. Hall, Tribal Busine s Council Mandan Hidatsa Arikara Nation

Resolution No. 1 4-155-VJB

RESOLUTION OF THE GOVERNING BODY OF TJ-IE

THREE AFFILIATED TRIBES OF THE


A Resolution Entitled: "Approval of Commitment Letter of With TDS Group, Merritt Island, Florida for Four Bears Segment Representative of the Tribal Business Council of TAT".

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and the authority under said Act and having adopted a Constitution and By-laws pursuant to said Act; and

WHEREAS, Article III of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council is the governing body of the Tribes; and



WHEREAS, The Four Bears Segment has identitied a potential partner to develop, fund and construct a proposed lUxury hotel project within the Four Bears Segment; and

WHEREAS, The Segment and TOS Group of Merritt Island, Florida have negotiated a commitment letter to build and operate the property for a period of2 5 years; and

WHEREAS, The Segment will receive 20% net distribution after operational costs and monthly debt payment and upon debt retirement the distribution will be raised to 30% until the conclusion of the 15 year agreement and after such time the Four Bears Segment Office of the Three Affiliated Tribes shall have the option to remit the remainder of debt owed of the hotel and attain 100% of net return; and

WHEREAS, The Segment shall have an option to have the TOS Group to continue the hotel operations at the decision of the Four Bears Segment Representative and the Tribal Business Council; and

NOW, THEREFORE BE IT RESOLVED, that The Tribal Business Council hereby supports the Four Bears Segment in its efforts to develop a Luxury Hotel Project within the Segment; and

Resolution No. 1 4-1 55-VJB

B E IT FURTHER RESOLVED, The Tribal Business Council approves the attached nonexclusive binding Letter of Commitment with TDS Group of Merritt Island, Florida; and

B E IT FINALLY RESOLVED, Any Proposed Luxury Hotel Project that the parties dcterrninc is feasible shall require full review and approval by the Tribal Business Council prior to execution of any contracts or other legally binding documents.

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Resolution No. 14-ISS-YJB , �

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CE R T I F I CA T I O N

I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, � were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 2014, that the foregoing Resolution was duly adopted at such meeting by the affirmative vote of ..2 members, JL members opposed, JL members abstained, JL members not voting, and that said Resolution has not been rescinded or amended in any way,

Chairman IXI Voting, I 1 Not Voting,

Dated this � day of September ,2014.

I / . ·� (I \... / \ .

Execllii� Sec etaro - dy Brugh Tribal BlI"Sin s-olmcil Mandan Hidatsa Arikara Nation

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Resolution No. 14-IS6-VJB



A Resolution Entitled: "Renunciation of Algin Dye Estate interests less than 5% in trust property in favor of Vh'ian Gillette"

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, and the authority under said Act and having adopted a Constitution and By-Laws pursuant to said Act; and

WHEREAS, The Constitution of the Three Affiliated Tribe generally authorizes and empowers the Tribal Business Council to engage in activities on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and

WHEREAS, Article 1 I I of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council is the governing body of the Tribes; and

WHEREAS, Article VI, Section 5 (I) of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council has the power to adopt resolutions regulating the procedure of the Tribal Business Council and other Tribal agencies; and

WHEREAS, The Three Affiliated Tribes reserves the option to decline the escheat interests of less than 5% from certain estates in favor of extended family members.

NOW THEREFORE B E IT RESOLVED, that the Tribal Business Council of the Three Affiliated Tribes hereby renunciate interests less than 5% from the Algin Dye Estate, 301 UOOl718 in favor of Vivian Gillette 30lU002088

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C E R T I F I C A T I O N

I, the undersigned, as Secretary of the Tribal Business Council of the Three Artiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, ..Q.. were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 2014, that the foregoing Resolution was duly adopted at such meeting by the artirmative vote of .ii members, ..Q.. members opposed, ..Q.. members abstained, ..Q.. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chainnan IXI Voting. I I Not Voting.

Dated this � day of September ,2014.

- � "'- -

Executive Sectetary, )./. Judy Brugh l' 'b I B

'--' ./ C� '1 n a usmess ounCI


ATTEST:


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Resolution No. 14-157-V JB

RESOLUTION OF THE GOVERNING BODY OF THE THREE AFFILIATED TRIBES

OF THE FORT BERTHOLD INDIAN RESERVATION

A Resolution Entitled, "Directive to the Finance Department to Make Funds Available for Withdrawal from Three Affiliated Tribes Special Projects Budget Fund Number 978 55033-330 in the Amount of $2,840,000.00 for JHS Project AB-14-S59, the White Shield Lagoon Relocation"

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 1 8, 1 934, and the authority under said Act and having adopted a Constitution and By-laws pursuant to said Act; and

WHEREAS, Article III of the Constitution of the Three Affiliated Tribes provides that the Tribal Business Council is the governing body of the Tribes; and



WHEREAS, Article VI, Section 5(c) of the Constitution of the Three Affiliated Tribes specifically authorizes and empowers the Tribal Business Council to administer funds within the exclusive control of the Tribes and to make expenditures from available Tribal funds for public purposes of the Tribes; and

NOW, THEREFORE BE IT RESOLVED, the Tribal Business Council hercby directs the finance Department to relinquish the amount of $2,840,000.00 from account number 978 55033-330 to the Great Plains Area Indian Health Service for IHS project AB- 1 4-S59, the Whitc Shield Lagoon Relocation.

(Signature Page to Follow)

Resolution No. 1 4·157·VJB

CERTIFICATION

I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of 7 members of whom 5 constitute a quorum, 2. were present at a Regular Meeting thereof duly called, noticed, convened, and held on the K day o(September, 201 4; that the foregoing Resolution was duly adopted at such Meeting by the affirmative vote of 5 members. � members opposed, J2. members abstained, J2. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman [Xl voting. [ 1 not voting.

Dated this K day of September ,201 4.

Executive Sec etar-yp;.?)udy Brugh Tribal Busmess Council Three Affiliated Tribes

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ATTEST'

ha rman, Te Tribal Business Council Three Affiliated Tribes


RESOLUTION OF THE GOVERNING BODY OF THE

THREE AFFILIATED TRIBES OF THE

FORT B ERTHOLD INDIAN RESERVATION

A Resolution Entitled: "Approval of Applications for a Loan and a Grant from the USDA Rural Development in tbe Amount of $5,i07,079.00 for tbe Nortb Segmcnt-(New Town) Areas 2 & 4 Projects for tbe Fort Bertbold Rural Water Supply System."

WHEREAS, This Nation having accepted the Indian Reorganization Act of June J 8, J 934, and the authority under said Act and having adopted a Constitution and By-laws pursuant to said Act; and

WHEREAS, pursuant to Article I l l , Section I 'Of the Constitution and By Laws of the Three Affiliated Tribes, the Tribal Business Council is the governing body of the Tribes; and


WHEREAS, pursuant to Article VI , Section 5 (I) of said Constitution, the Tribal Business Council has the power to adopt resolutions regulating the procedures of the Tribal Business Council and other Tribal agencies and Tribal officials on the Reservation; and

WHEREAS, Article VI Section 5 (a) of the Constitution provides that The Tribal Business Council shall have the power to manage the economic affairs of the Three Affiliated Tribes and administer any funds within the exclusive control of the Tribes and The Tribal Business touncil thereby has the power to borrow funds that are necessary for the Tribe to continue exercising all of the powers of government; and

WHEREAS, The Tribe and Tribal Business Council has established the Fort Berthold Rural Water Supply System whose primary responsibility is to develop effective, efficient and safe, drinking water systems for the members of the Tribe on the Reservation; and

Resolution No. 1 4-IS8-VJB

WHEREAS, The Fort Berthold Rural Water Supply System is proposing to construct a water delivery project for the North Segment (Project) to be funded by a combination of USDA Rural Development grant and Loan funds through the Rural Development Water or Waste System Rural Utilities Service grant and loan program for a total project cost of $ 5,207 ,079 .00

WHEREAS, The Three Affiliated Tribes is eligible to apply for a loan and grant from the United States Department of Agriculture, (USDA) Rural Development, under the Water and Waste System Program in the combined amount of $ 5,207,079.00 to be used for a water delivery project for the North Segment for the Fort Berthold Rural Water System of the Three Affiliated Tribes; and

WHEREAS, Tribe is eligible to apply for grant funds in the amount of $ $1,555,079 .00 for the construction of the Project; and

WHEREAS, The Tribe is eligible to apply for a loan in the amount of $ 3,6 52,000.00 at an annual interest rate of 3.25 % amortized over a forty year period to be repaid from annual appropriations of the Tribe as they become available for the balance of the Project cost; and

WHEREAS, In order to obtain these grant and loan funds, the Tribe must submit a variety of fomls required by the USDA, as per the attached, including:

I . Notice of Intent to File an Application 2 . A tribal Resolution authorizing the Loan and Grant 3 . Copy o f Notice o f Intent to File an Application as it will appear in the

newspaper 4. Evidence of Solicitation of Engineering Services 5 . Articles of Incorporation and Bylaws/Certificate of

Incorporation/Organizational Certificate 6 . Attorney's opinion that applicant is a duly organized body politic 7. NDRUS Bulletin 1780-2 - Fact Sheet 8. Intergovernmental Clearance 9 . RD Instruction 19 00-D Documentation 1 0. RD 442-3, Balance Sheet/Current Financial Statement I I. Last year's financial audit 1 2. Test for credit: RUS Bulletin 1780-22, Water and Wastewater

Eligibility 1 3 . Exhibit A- I of RD Instruction 1940-Q, Restrictions on Lobbying 1 4 . Notice of E l igibility Determination 1 5. SF 424.2 - Application for Federal Assistance

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Resolution No. 14-158-V.m

WHEREAS, The Tribal Business Council has determined that, based on the interest rate and long-term payback of the loan, and in order to obtain the necessary funding for selected water supply and distribution projects for the Fort Berthold Rural Water System, it is in the Tribes' best interest to enter into and execute the aforementioned documents and Agreements with the USDA to apply for the loan and Grant for this Project; and

NOW, THEREFORE, BE IT HESOLVED, that the Tribal Business Council of the Three Affiliated Tribes hereby authorizes the application for a loan from the United States Department of Agriculture Rural Development in the amount of $3,652,000.00 to be amortized over a forty year period at an annual interest rate of 3.25% to be repaid from annual appropriations of the Tribe as they become available for construction of the North Segment Water Delivery Project of the Fort Berthold Rural Water System with the final loan documents subject to final approval of the Tribal Business Council; and;

BE IT FURTHER RESOLVED, that the Tribal Business Council hereby authorizes the application for a grant from the U.S. Department of Agriculture in the amount of $ 1 ,555,079.00 to be used for the water delivery Project for the North Segment (New Town) areas of the Fort Berthold Rural Water System; and

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Resolution No. 14-\S8-VJB

BE IT FURTHER RESOLVED, that the Tribal Business Council of the Three Affiliated Tribes hereby authorizes submittal of the following loan documents necessary to apply for the loan from Rural Development:

I. Notice of Intent to File an Application 2. Copy of Notice of Intent to File an Application as it will appear in the

newspaper 3. Evidence of Solicitation of Engineering Services 4. Articles of Incorporation and BylawS/Certificate of

Incorporation/Organizational Certificate 5. Attorney's opinion that applicant is a duly organized body politic 6. NDRUS Bulletin 1 780·2 - Fact Sheet 7. Intergovernmental Clearance 8. RD Instruction I 900-D Documentation 9. RD 442-3, Balance Sheet/Current Financial Statement 1 0. Last year's financial audit I I. Test for credit: RUS Bulletin 1 780-22, Water and Wastewater

E ligibility 12 . Exhibit A- I of RD Instruction I 940-Q, Restrictions on Lobbying

1 3. Notice of Eligibility Determination 14. SF 424.2 - Application for Federal Assistance 1 5. RUS Bulletin 1780-28/ 16 . A Security Agreement in the form required by USDA. 1 7. Assignment of income covering the Tribe's revenue and income and

receipts from agricultural and grazing leases on tribal lands.

BE IT FURTHER RESOLVED, that the Tribal Business Council hereby authorizes the Chairman, and/or Secretary and of the Tribal Business Council to execute the aforementioned documents, as may be necessary, on behalf of the Three Affiliated Tribes of the Fort Berthold Reservation, and to further execute such other documents as may be necessary to obtain the aforementioned loan; and

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C E R T I F ICA T I O N

I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certifY that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, ..Q.. were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 2014, that the foregoing Resolution was duly adopted at such meeting by the affimlative vote of .2 members, JL members opposed, JL members abstained, JL members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman IX] Voting. I I Not Voting.

Dated this � day of September ,20 1 4.

J /- ,£.� V (-� / � Executi V-t�e� Judy Brugh Tribal Business Council Mandan Hidatsa Arikara Nation

ATTEST:


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FORT BERTHOLD RESERVA TlON

A Resolution Entitled, "Creation of a Public Safety, Judicial and Criminal Justice Commission"

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 1 8, 1 934, and the authority under said Act; and

WHEREAS, The Constitution of the Three Affiliated Tribes generally authorizes and empowers the Tribal Business Council to engage in activities on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and

WHEREAS, Article VI, Section 3 of the Constitution of the Three Affil iated Tribes specifically authorizes and empowers the Tribal Business Council all necessary sovereign authority - legislative and judicial - for the purposes of exercising the jurisdiction granted by the People in Article I; and

WHEREAS, Article VI, Section S(c) of the Constitution of the Three Affiliated Tribes expressly authorizes and permits the Tribal Business Council to approve expenditures from Tribal funds for public purposes; and

WHEREAS, Article VI, Section 5(1) of the Constitution of the Three Affiliated Tribes specifically authorizes and empowers the Tribal Business Council to adopt resolutions regulating the procedure of Tribal agencies of the MHA Nation; and

WHEREAS, Article VI, Section 5 (I) of the Constitution of the Three Affil iated Tribes authorizes and empowers the Tribal Business Council to establish Tribal agencies for the public safety of residents of the Fort Berthold Reservation; to establish a detention facility for adult criminals and juvenile delinquents; and, to establish a Tribal Judiciary to settle disputes through the establishment of a Supreme Court, District Court, Juvenile Court, Court of Appeals, and such other inferior courts; and

WHEREAS, The Three Affiliated Tribes and its members are currently experiencing unprecedented violent criminal activity as a result of the exploration of the Bakken oil and gas reserves that has brought hundreds of non-tribal individuals to our homeland who pose a threat to our public safety, judicial operations and criminal justice systems; and

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WHEREAS, It is vitally important for the peace and dignity of our Tribal Nation and to the public safety of its members, to provide law enforcement and justice systems that operate independently, efticiently and professionally.

WHEREAS, The Tribal Business Council of the Three Affiliated Tribes recognizes that in order to accomplish these goals and to achieve the peace, dignity and safety for the membership, it is vitally important that there shall be no alternative judicial forums, formal or non-formal, to litigate, re-litigate or overturn decisions that were properly before the court(s) of the Fort Berthold District Court system; and

NOW, THEREFORE, BE IT RESOLVED, The Tribal Business Council, pursuant to its express Constitutional power and authority, 'mandates that the Tribal Business Council, Individual Council Representatives, Council Committees, and any entity under the direction of said Tribal Council, shall not constitute and/or act as alternative forums with regard to judicial matters properly venued in the Fort Berthold District Court system.

BE IT FURTHER RESOLVED, The Tribal Business Council of the Three Affiliated Tribes Affiliated Tribes pursuant to its express Constitutional authority creates a Public Sa/elY, Judicial and Criminal Juslice Commission (hereinafter referred to as the "Justice Commission"), to provide the following functions, but not limited to, administrative, fiscal management, and human resources, with regard to the Courts, Law Enforcement, and Department of Corrections and Detention.

BE IT FURTHER RESOLVED, The Justice Commission shall be comprised of one individual from the following: I ) MHA Nation Judicial Committee Chairnlan; 2) MBA Nation Tribal Attorney; 3) Attorney from a Legal Services or Public Defender Program; 4) Ml-IA Nation Associate Judge; 5) Tribal Elder or Cultural Instructor; 6) Tribal, State or Federal Judge; and, 7) Chief Justice, MHA Nation Supreme.

BE IT FURTHER RESOLVED, The initial membership of the Justice Commission shall consist of the following: 1 ) Randy Phelan, Chairman of the Judicial Committee; 2) Alyce Spotted Bear, Vice President of Native American Studies/Tribal Relations, Fort Berthold Community College; 3) Damon Williams, Tribal Attorney, 4) James Fitzsimmons, Director, Legal Services of ND; 5) James Vukelic, Associate Judge, Ml-IA Nation; 6) Judge Donovan Foughty, ND District Court Judge; and, 7) Michelle Rivard-Parks, Chief Justice, MBA Nation Supreme Court.

BE IT FURTHER RESOL YEO, The Commission is to adhere to the principles of excellence in good government and accountability; to promote fiscal responsibility; operate with consistency, high ethical standards and clarity; and, to ensure fairness in the administration of just ice.

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CE R T I F I CA T I O N

I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, ...2... were present at a Regular meeting thereof duly cal led, noticed, convened and held on the � day of September, 2014, that the foregoing Resolution was duly adopted at such meeting by the affimlative vote of -.i members, ..Q.. members opposed, ..Q.. members abstained, ..Q.. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman IXI Voting. I I Not Voting.

Dated this Ji".. day of September ,2014 .

Executive Secreta;" , � y Brugh Tribal Businiss-G uncil Mandan H idatsa Arikara Nation

Tribal


Pagc30f3

Resolution No. 14-\60-VJB

RESOLUTION OF THE GOVERNING BODY OF THE THREE AFFILIATED TRIBES

OF THE FORT BERTHOLD INDIAN RESERVA nON

A Resolution Entitled, "United States Department of Defense - Defense Securil)' Sen'ice Facility Security Clearance Exemption"

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 1 8, 19 34, and the authority under said Act and having adopted a Constitution and By-laws pursuant to said Act; and

WHEREAS, The Constitution and By-laws of the Three Affiliated Tribes was adopted By the membership of the Tribes on May IS, 1936 pursuant to the Indian Reorganization Act of 1934 and duly approved by the Secretary of Interior, and

WHEREAS, Article III of the Constitution of the Three Affiliated Tribes provides that The Tribal Business Council is the governing body of the Tribes; and


WHEREAS, Article VI, Section 5 (I) of said Constitution, the Tribal Business Council has the power to adopt resolutions regulating the procedures of the Tribal Business Council and other Tribal agencies and Tribal officials on the Reservation; and

WHEREAS, Mandaree Enterprises LLC and its subsidiary MEC Developmetn LLC are in the process of securing contracts with the U.S. Department of Defense ("DOD"); and

WHEREAS, The DOD is required to take certain security precautions and conduct investigations of individuals that may have access to classified information provided to its contractors; and

WHEREAS, The Tribal Business Council desires to confirm via resolution that classified infomlation in the custody of Mandaree Enterprises LLS and its subsidiary MEC Development LLC shall be confidential and unavailable to the Three Affiliated Tribes Tribal Business Council, its officers and its management officials.

NOW THEREFORE BE IT RESOLVED, that Dennis Fox, Caleb Dogeagle, the Tribal Business Council, its officers or any management officials will not require and will not have access to classified information in the custody of Mandaree Enterprises LLC., a limited liability company owned by the Three Affiliated Tribes; and

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Resolution No. 14-160-V JB

NOW THEREFORE BE IT FURTHER RESOLVED, that Mandaree Enterprises LLC and its subsidiary MEC Development LLC have been delegated full authority to act completely independent of the Tribal Business Council in all mailers that involve or relate to the MEC Development LLC's responsibility to safeguard information; and

NOW THEREFORE BE IT FINALLY RESOLVED, that the action of the Tribal Business Council is taken for the sole and exclusive purpose of exempting Caleb Dogeagle, Dennis Fox, and the Tribal Business Council from the necessity of being processed for a facility security clearance in conformity with the National Industrial Security Program Operating Manual.

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Resolution No. 14-160-VJB

C E R T I F ICA T I O N

I , the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, JL were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 201 4, that the foregoing Resolution was duly adopted at such meeting by the affirmative vote of -2. members, JL members opposed, JL members abstained, JL members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman IX) Voting. I I Not Voting.

Dated this � day of September , 20 1 4.

Executive Secre ar . �udy Brugh

Tribal BusirreS"s Council Mandan Hidatsa Arikara Nation

Tribal hai an, Tex G. Hall, Tribal Busi ess Council Mandan Hidatsa Arikara Nation

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Resolution No. 14- 1 61 -VJB



A Resolution Entitled: "Authorization for MHA Development Corporation to Enter into Ground Lease with United Tribes Technical College for Land in Bismarck, NO."

WHEREAS, The Three Afti liated Tribes (the "MHA Nation"), having accepted the Indian Reorganization Act of June 1 8, 1 934, and the authority under said Act and having adopted a Constitution and By-Laws pursuant to said Act; and

• WHEREAS, The Constitution of the MHA Nation generally authorizes and empowers the

Tribal Business Council to engage in activities on behalf of and in the interest of the welfare and benefit of the MHA Nation and of the enrolled members thereof; and

WHEREAS, Article I I I of the Constitution of the MHA Nation provides that the Tribal Business Council is the governing body of the Tribes; and

WHEREAS, Article VI, Sec. 5(a) of the Constitution of the MHA Nation provides that the Tribal Business Council has the power to manage all economic affairs and enterprises of the Tribe; and

WHEREAS, The United Tribes Technical College (UTTC) is the owner of certain real property, totaling 8.44 acres within the City of Bismarck, North Dakota, described as Lot I, Block I, United Tribes Technical Addition, Bismarck, North Dakota 58504 (the "Hotel Parcel"); and

WHEREAS, The UTTC has participated in negotIatIOns with Thor Construction and Mortenson Development, Inc. to construct a hotel on the above-described Hotel Parcel; and

WHEREAS, The MHA Nation has agreed to fund 1 00% of the development for the hotel, and own and operate the hotel through MHA Development Corporation, a tribal corporation wholly-owned by the MHA Nation; and

WHEREAS, The UTTC will lease the Hotel Parcel for a term of 99 years to the MHA Development Corporation for a fixed annual rate of $ I 9 I , I 42. 12 , to increase by ten percent ( 1 0%) every ten ( 10) years, in accordance with the terms and conditions contained in the attached ground lease.

Page 1 of 3


NOW, THEREFORE, BE IT RESOLVED that the Tribal Business Council of the Three Affiliated Tribes has determined it is in the best interest of the Tribe to authorize the MHA Development Corporation to enter into the ground lease for the Hotel Parcel with UITC.

BE IT FURTHER RESOLVED, that the Tribal Business Council authorizes and directs the MHA Development Corporation's Board of Directors to enter into the ground lease, attached hereto and incorporated by reference.

BE IT FINALLY RESOLVED, that the Chairman is hereby authorized to take such further actions as are necessary to carry out the terms and intent of this Resolution.

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I, the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, l were present at a Regular meeting thereof duly called, noticed, convened and held on the lI.':. day of September, 201 4, that the foregoing Resolution was duly adopted at such meeting by the affirmative vote of -.2 members . ..Q.. members opposed, ..Q.. members abstained, ..Q.. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman IXI Voting. I J Not Voting.

Dated this � day of September . 20 14.

Executive Se<!rGtary, . Judy Brugh Tribal BJsinesko ncil Mandan Hidatsa Arikara Nation

Tribal Chalrm n, Tex O. Hall, Tribal Busines Council Mandan Hidatsa Arikara Nation

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Resolution No. 14-162-V.1B


FORT BERTHOLD RESERVATION

A Resolution entitled, "Approval of Continuing Hesolution For FY2015 General Fund Budget Expenditures Based Upon FY 201 4 General Fund Budget."

WHEREAS, This Nation having accepted the Indian Reorganization Act of June 1 8, 1 934, and the authority under said Act; and

WHEREAS, The Three Affiliated Tribes Constitution authorizes and empowers the Mandan, Hidatsa & Arikara Tribal Business Council to engage in activity on behalf of and in the interest of the welfare and benefit of the Tribes and of the enrolled members thereof; and

WHEREAS, Article VI, Section 5 (c) of the Constitution of the Three Affiliated Tribes specifically authorizes and empowers the Tribal Business to administer funds within the exclusive control of the Tribes and to make expenditures from available funds for the public purpose of the Tribes; and

WHEREAS, The Tribal Business Council adopts a budget for every fiscal year; and

WHEREAS, Tribal Business Council is currently working on finalizing a FY20 1 5 General Fund Budget; and

WHEREAS, The Tribal Business Council fully believes that it is in the best interest of the Three Affi liated Tribes to develop a FY 20 1 5 budget that is fiscally responsible and meets the needs of the Tribes and its members; and

WHEREAS, The Tribal Business Council desires to continue to operate under the FY 20 1 4 budget until such time as the Tribal Council can carefully consider and adopt an FY 201 5 Budget.

NOW THEREFORE BE IT RESOLVED, the Three Affiliated Tribes Tribal Business Council hereby approves expenditures at FY 201 4 levels as reflected in the FY 20 1 4 budget until such time the Tribal Business Council approves a budget for FY 201 5

.'age I of 2

Resolution No. 14-\62-VJB


I , the undersigned, as Secretary of the Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of seven ( 7 ) members of whom five ( 5 ) constitute a quorum, 5 were present at a Regular meeting thereof duly called, noticed, convened and held on the � day of September, 201 4, that the foregoing Resolution was duly adopted at such meeting by the affirmative vote of .2.. members, .JL. members opposed, .J) members abstained, .JL. members not voting, and that said Resolution has not been rescinded or amended in any way.

Chairman IXI Voting. I I Not Voting.

Dated this � day of September , 2014.

Executi�e Seenf a l . Judy Brugh Tribal Busine!i�' Gouncil Mandan Hidatsa Arikara Nation

Ilagt' 2 or 2

Tribal C ai lan, Tex G. Hall, Tribal Busin s Council Mandan Hidatsa Arikara Nation

september 11, 2014 resolutions

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