WHEREAS, The Tribe operates on a Fiscal Year which began for

Transcription

Resolution No. 16-086-LKH
RESOLUTION OF THE GOVERNING BODY OF THE
THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD INDIAN RESERVATION
A Resolution Entitled: "Approval ofAmended Fiscal-Year 2016 General Fund Budgetfor the
Three Affiliated Tribes"
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 ofthe Tribes and of the enrolled members thereof; and
WHEREAS, Article 111 of the Constitution of the Three Affiliated Tribes provides that the
Tribal Business Council is the governing body of the Tribes; and
WHEREAS, Artiele VI, Section 5 (1) 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, Article VI, Section 5 (c) of the Constitution of the Three Affiliated Tribes
provides that the Tribal Business Council has the power to administer any funds
or property within the exclusive control of Tribes and to make expenditures from
available tribal funds for public purposes of the Tribes; and
WHEREAS, The Tribal Business Council has the authority and is required by law to adopt an
Aimual General Fund Operating Budget each Fiscal Year in order to appropriate
and expend its federal and general funds; and
WHEREAS, The Tribe operates on a Fiscal Year which began for 2016 on October C 2015
and ends September 30'^, 2016; and
WHEREAS, The Tribal Council has authority and is required by law to adopt an Annual
General Fund operating Budget each fiscal year in order to appropriate and
expend its federal and general funds; and
WHEREAS, An FY- 2016 General Fund operating budget in the amount of $72,145,000 has
been formulated; and the Tribal Business Council has reviewed and approved said
budget; and
WHEREAS, An FY- 2016 Special Projects budget in the amount of $107,265,000 has been
formulated and approved by the Tribal Business Council; and
Page 1 of3
alSA-ftWi
WHEREAS, An FY- 2016 Investments budget in the amount of $15,00,000 has been
WHEREAS, An FY- 2016 Disbursements budget in the amount of $29,500,000 has been
WHEREAS, An FY- 2016 Segment Operating and Development budget in the amount of
$60,000,000 has been formulated and approved by the Tribal Business Council;
and
WHEREAS, The Tribal Business Council concurs with the Treasurer that deficit spending
during fiscal year 2016 should be strictly prohibited and that internal controls will
be used to ensure deficit spending does not occur and approved budgets are not
exceeded; and
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council of the Three
Affiliated Tribes hereby approves and adopts the following FY 2016 General
Fund Operating Budget in the amount of $72,145,000 the FY 2016 Special
Projects Budget in the amount of $107,265,000 the FY 2016 Investments budget
of $15,000,000 the FY 2016 Disbursements budget of $29,500,000 and the
FY2016 Segment Operating and Development Budget of $60,000,000; and
BE IT FURTHER RESOLVED,
1. That internal controls shall be strictly enforced to ensure that deficit spending does not
occur in 2016; and
2. TAT Finance, contracts and property shall notify the budget administrators when they
have reached 90 % of their 2016 fiscal year budget allocation; and
3. TAT finance. Contracts and property shall not process any documentation and/or
purchase orders for programs in the General Fund Programs or special projects that have
exceeded their budget and shall require program modifications (consistent with the
approved budgets for the individual line item budget change)
4. The TAT CEO and CFO shall have administrative authority to adjust program budgets
within the General Fund Operating budget as necessary to facilitate the functioning of the
programs to best serve the needs of the Three Affiliated Tribes
BE IT FINALLY RESOLVED THAT,the budgets established and approved by this resolution
shall not be modified or amended without formal resolution of the Tribal Business
Council
Page 2 of 3
R.
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, 7 were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the 12'^ day of May 2016; that the foregoing Resolution
was duly adopted at such Meeting by the affirmative vote of 7 members,0 members opposed, 1
members abstained, 0 members not voting, and that said Resolution has not been rescinded or
amended in any way.
Chairman[ X ]voting. [ ]not voting.
Dated this 12^ day of May 2016.
ATTEST:
y)r\
Tnbal Secretary L. Kenneth Hall
Tribal Chairman Mark N. Fox
Tribal Business Council
Three Affiliated Tribes
Page 3 of3
RESOLUTION OF THE GOVERNING BODY
OF THE THREE AFFILIATED TRIBES OF THE
A Resolution Entitled; "Directive to the Office of Trust Fund Management to Make Available
Fundsfor Withdrawalfrom Three Affiliated Tribes Proceeds ofLabor Account PL7228700 in
the Amount of$1,600,000.00"
the authority under said Act and having adopted a Constitution and By-laws
Tribal Business Council is the governing body ofthe 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 (1) of the Constitution of the Three Affiliated Tribes
regulating the procedure of the Tribal Business Council and other Tribal agencies
and Tribal officials on the Reservation; 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 ofthe Tribes; and
WHEREAS, Each Fiscal Year the Tribal Business Council adopts an Annual General Fund
Operating Budget which includes earnings and income from the Proceeds of
Labor Fund Account #PL7228700; and
WHEREAS On April 14'*', 2016 The Tribal Business Council adopted Resolution # 16-072LKH adopting the FY- 2016 General Fund operating budget for the Three
Affiliated Tribes; and
WHEREAS, The Tribal Business Council has authority according to the terms of the said
Constitution to direct the Office of Special Trustee to disburse the proceeds
derived from Oil and Gas Leases on the Fort Berthold Reservation. Fxmds are
available in the Proceeds of Labor Account PL7228700 to be withdrawn in the
amount of $1,600,000; and The Tribal Business Covmcil has decided to draw
these funds down.
SI
NOW, THEREFORE BE IT RESOLVED, the Tribal Business Council hereby directs the
Office of Special Trustee to relinquish the amount of $1,600,00.00 from the
Proceeds of Labor Account PL7228700 to the Three Affiliated Tribes for
continued operations of the Three Affiliated Tribes in accordance with the 2016
General Fund budget and resolution # 16-072 LKH; and
BE IT FURTHER RESOLVED, the Tribal Finance Department, within the Three Affiliated
Tribes will submit a Standard Form 1034 to the Office of Special Trustee with the
attachment of Resolution # 16-072 LKH; and
BE IT FINALLY RESOLVED that, the Office of Special Trustee will be given specific
instructions to where the funds from Proceeds of Labor Account PL7228700 shall
be transferred to on the Standard Form 1034.
CERTIFICATION
I, the undersigned, as Secretary ofthe Tribal Business Council of the Three Affiliated Tribes of
the Fort Berthold Reservation, hereby certify that the Tribal Business Council is composed of7
called, noticed, convened, and held on the 12"^ day of May 2016; that the foregoing Resolution
was duly adopted at such Meeting by the affirmative vote of6 members,0 members opposed, 1
amended in any way.
Chairman[X]voting. [ ]not voting.
Dated this 12^^ day of May 2016.
ATTEST:
^ibal S^rfetary, L. Kenneth Hall(
Tribal Chairman, Mark N. Fox
A Resolution entitled, "Approval of Tribal Investment Advisors-Goldman Sachs, Morgan
Stanley, and Moss Adams LLP"
the authority under said Act, and having adopted a Constitution and By-laws
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 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 IV, Section 5(1) of the Constitution of the Three Affiliated Tribes
provides the Tribal Business Council authority to adopt resolutions regulating the
procedure of the Tribal Council and other Tribal Agencies and Tribal Officials of
the Reservation; and
WHEREAS, Article VI Section 5( c) of the Constitution of the Three Affiliated Tribes
authorizes the Tribal Business Council to administer tribal funds; and
WHEREAS, The Tribal Business Council desires to engage investment advisors to assist the
Tribe in the investment of Tribal Funds for the benefit of the Tribe and its
enrolled members; and
WHEREAS, The Tribal Business Council has interviewed potential firms to provide
investment advice and services to the Tribe; and
WHEREAS, The Tribal Business Council has selected Goldman Sachs, 555 California St. San
Francisco, California; Morgan Stanley, 2398 E. Camelback Rd. Phoenix, Arizona;
and Moss Adams, LLP, 2707 Colby Ave. Everett, Washington as the three firms
engaged to serve as investment advisers to the Three Affiliated Tribes.
NOW THEREFORE BE IT RESOLVED, the Tribal Business Council ofthe Three Affiliated
Tribes authorizes and approves Goldman Sachs, 555 California St. San Francisco,
California; Morgan Stanley, 2398 E. Camelback Rd. Phoenix, Arizona; and Moss
Adams, LLP, 2707 Colby Ave. Everett, Washington (the "Investment Advisors")
Page 1 of2
to provide investment services to the Three Affiliated Tribes with regard to the
investment of tribal funds ; and
BE IT FINALLY RESOLVED, The Tribal Business Council authorizes the Chairman and
Treasurer to execute required agreements and account documents with the
Investment Advisors, subject to legal review and approval and approval of the
Chief Financial Officer.
CERTIFICATION
I, the undersigned, as Secretary ofthe Tribal Business Council ofthe Three Affiliated Tribes of
called, noticed, convened, and held on the 12th day of May 20 16; that the foregoing Resolution
was duly adopted at such Meeting by the affirmative vote of 7 members, 0 members opposed, 0
amended in any way.
Chairman [ X ] voting. [ ] not voting.
Dated this 12th day of May 2016.
ATTEST:
Tribal Secre ary, L. Kennetli Hall
Page 2 of2
RESOLUTION NO. 16-89-LKH
RESOLUTION OF THE GOVERNING BODY OF
THE THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD RESERVATION
A Resolution entitled, "Authorization to Applyfor a Competitive Grant as Authorized by the
Second Chance Act Smart Reentry Program, to Plan and Implement Effective
and Evidence-based Reentry Practices and Service Delivery Systems from
Incarceration to Communityfor FY 2016, in the Amount of$1,000,900.00."
the authority under said Act; and,
thereof; and
WHEREAS, Article VI, Section 3 of the Constitution of the Three Affiliated Tribes
specifically authorizes and empowers the Tribal Business Council to delegate to
the Tribal Court such judicial power and jurisdiction as may be necessary to
realize the sovereign authority granted by the People in Article 1 of the
Constitution; and
REAS, 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; and
WHEREAS, The MHA Nation and tribal members are experiencing an increase of substance
abuse from methamphetamines and heroin that impacts families and communities;
including, creating an economic burden and hardship on the Tribe and its
programs such as the courts, law enforcement, social services, and healthcare;
and
WHEREAS, The Tribal Business Council acknowledges and recognizes that in addition to
incarceration and treatment, a "re-entry" program is needed to reduce recidivism
rates and to assure successful reintegration into the communities; and
WHEREAS, Presently, there are approximately 100 MHA Nation tribal members in the
Bismarck/Mandan area on State probation, and 80% to 85% out of 100 have been
incarcerated on drug related charges, and are in need of a support system upon re
entry and eventual return to the MHA Nation; and
WHEREAS, Statistics fiom the National Institute of Justice prove that 56.7% of individuals
will be re-arrested within one of year of being released from incarceration and,
within five years, 76.6% of prisoners will be rearrested.
Page 1 of 4
RESOLUTION NO.16-89-LKH
WHEREAS, A high percentage, if not all, of the above identified criminal offenders will return
to the MHA Nation and will, most likely, resume their life of drug addiction, drug
trafficking, and other drug related criminal behaviors if they do not have the
services of a reentry program; and
WHEREAS, The source of the problem for high recidivism rates lies with the fact that these
individuals have no support system upon their release from incarceration and
reentry programs have a much greater success rate with respect to recidivism as
opposed to simply having a probation officer perform random drug testing; and
WHEREAS, The Tribal Business Council acknowledges that without an effective re-entry
program to reduce the recidivism rates, it will come as a great price to the Tribe
and the Tribe will continue to spend millions of dollars on healthcare, social
service related programs, law enforcement, and judicial services; and
WHEREAS, The Tribal Business Council recognizes that its priority is to ensure the safety and
well-being of individual tribal members and families; ineluding, providing safe
communities for all members ofthe MHA Nation; and
WHEREAS, The Warriors of the 2P* Century Re-Entry Program can provide assistance to
tribal members who are on probation, or recently released from incarceration, for
the purposes of determining their individual needs and for the purposes of
developing case management and coordinating services for housing,job training,
job placement, literacy skills development, GED and higher edueational courses,
parenting classes, life skills, spiritual needs, and other sources of support; and
WHEREAS, The Warriors of the 2E' Century Re-Entry Program, in order to ensure that
program partieipants have the tools necessary to succeed upon return to the MHA
Nation, will develop a reentry strategic plan describing the long-term course of
action, including quantifiable five (5) year performance goals of increasing public
safety and reducing recidivism; and
WHEREAS, The Reentry Program seeks to further its mission by applying for additional grant
funds to better assist its target market with successful reentry and reduce
recidivism rates; and
WHEREAS,The U.S Department of Justice (DOJ), Office of Justice Programs(OJP), Bureau of
Justice Assistance (BJA), is seeking to fund five (5) applicants in the amount of
$1 million, commencing October 1, 2016; provided the applicant has a
commitment for 50% matching funds.
WHEREAS, The Warriors of the 21st Century Reentry Program has done extensive work in
meeting the Second Chance Act funding requirements by establishing formal
partnerships for reentry services, maintaining statistics, gathering letters of
Page 2 of 4
RESOLUTION NO. I6-89-LKH
support, leveraging partnerships with health and treatment facilities, housing,
probation and correctional departments by entering into Memorandum of
Understandings and obtaining letters of support; and
NOW THERE FOR IT BE RESOLVED,the Tribal Business Council finds that it is in the best
interest of the tribe to authorize the Warriors of the 21st Century Reentry Program
to apply for the U.S. Department of Justice- BJA-2016-9207 "Smart Reentry:
Focus on Evidenced-Based Strategies for Successful Reentry from Incarceration
to Community" in the amount of $1,000,000.00, that requires a 50% Tribal match
over a 3 year project period.
BE IT FURTHER RESOLVED, the Tribal Business Council, pursuant to its express
Constitutional power and authority, hereby provides a budget for the Warriors of
the 2U* Century Re-Entry Program to focus on the target population as defined by
the grant requirements in providing services to former inmates in order to reduce
the recidivism rate.
BE IT FURTHER RESOLVED, the grant funds will be administered by the Warriors of the
21st Century Reentry Program and overseen by the MHA Nation Justice
Commission.
BE IT FINALLY RESOLVED, The Re-Entry Program shall adhere to the principles of
excellence in good government and accountability; promote fiscal responsibility;
operate with consistency, high ethical standards and clarity; and, ensure fairness
in the implementation of the Reentry Program.
(SIGNATURE PAGE TO FOLLOW)
Page 3 of 4
RESOLUTION NO. 16-89-LKH
CERTIFICATION
members of whom 5 constitute a quorum 7 were present at a Regular Meeting thereof duly called,
noticed, convened, and held on the 12"^ day of May 2016, that the foregoing Resolution was
duly adopted at such Regular Meeting by the affirmative vote of 5 members,0 members opposed,
0 members abstained, 2 members not voting, and that said Resolution has not been rescinded or
amended in any way.
Chairman[ ]Voting. [X] Not voting.
w
Dated this 12*^ day of May,2016.
ft
■^
ATTEST:
rribal Seeret&y, L. Kenneth Hall
Tribal Chairman, Mark N."
f
Page 4 of 4
ox
RESOLUTION OF THE GOVERNING BODY OF
THE THREE AFFILIATED TRIBES OF THE
FORT BERTHOLD RESERVATION
A Resolution entitled: "Authorizing a Memorandum of Understanding Between The Three
Affiliated Tribes of the Fort Berthold Indian Reservation, Department of
Justice, United States Attorneys Office, United States Probation and Pretrial
Services, and the North Dakota Department of Corrections and Rehabilitation"
A
MULTI-JURISDICTIONAL EFFORT TO ENSURE SUPPORT AND SERVICES ARE
PROVIDED TO ASSIST TRIBAL MEMBERS WITH SUCCESSFUL REINTEGRATION BACK
INTO THEIR RESPECTIVE TRIBAL COMMUNITIES.
the authority under said Act; and,
thereof; and
WHEREAS, Article VI, Section 3 of the Constitution of the Three Affiliated Tribes
specifically authorizes and empowers the Tribal Business Council to delegate to
the Tribal Court such judicial power and jurisdiction as may be necessary to
realize the sovereign authority granted by the People in Article I of the
Constitution; 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; and
WHEREAS, The MHA Nation and tribal members are experiencing an increase of substance
abuse from illegal drugs such as methamphetamines and heroin that impacts
families and communities; including, creating an economic burden and hardship
on the Tribe and its programs such as law enforcement, judicial, social services,
healthcare, addiction counseling and treatment centers; and
WHEREAS, The Tribal Business Council acknowledges and recognizes that in addition to
incarceration and treatment, a re-entry program is needed to reduce recidivism
rates and to assist tribal members with successful reintegration; and
WHEREAS, Presently, there are approximately 100 MHA Nation tribal members in the
Bismarck/Mandan area on State probation, and 80% to 85% out of 100 have been
incarcerated on drug related charges, and are in need of a support system upon re
entry and eventual return to the MHA Nation; and
Page 1 of 4
WHEREAS, Statistics from a study conducted by the U.S. Department of Justice demonstrate
that more than a third of released prisoners were arrested again within six months
of their release with that number rising to 56.7% by the end of the first year;
within three years that number rose to 67.8%; and, the number of prisoners rearrested within five years reached 76.6%.
WHEREAS, A high percentage of the above identified criminal offenders will return to the
MHA Nation and, given the statistics identified above, will resume their life of
drug addiction, drug trafficking, and committing crimes relating to illegal
substance abuse; and
WHEREAS, Governmental entities are recognizing that in order to combat recidivism rates,
additional assistance for reentry and transitional programs for support services are
needed in order to ensure greater success rates upon their release from
imprisonment; and
WHEREAS, The Tribal Business Council acknowledges that without an effective re-entry
program to reduce reeidivism rates, that recidivism will come as a great price to
the Nation and the Tribal Business Council will continue to spend millions of
dollars on healthcare, social service programs, treatment programs, law
enforcement, and judieial services; and
WHEREAS, The Tribal Business Council recognizes that its priority is to ensure the safety and
well-being of individual tribal members and families; including, providing safe
communities for all members of the MHA Nation; and
WHEREAS, The Warriors of the 2U* Century Re-Entry Program can provide assistance to
tribal members who are on probation, or recently released from incarceration, for
the purposes of determining their needs and developing individual case
management plans and will coordinate services for housing, job training, job
placement, literacy skills development, GED and higher educational courses,
parenting classes, life skills, spiritual and cultural needs, addiction counseling and
other sources of support; and
NOW, THEREFORE, BE IT RESOLVED, The Tribal Business Council recognizes that in
order to promote mutual and effective Tribal, State and Federal government to
government relationships, it is essential to share information; create an advisory
board made up of the signatory parties, or their designee, including a Native
American spiritual, cultural or traditional individual that meets monthly or, at a
minimum, quarterly; and, work together to determine eommon goals and best
practices to reduce recidivism rates for tribal members; and
Page 2 of 4
BE IT FURTHER RESOLVED, This MOU is not a commitment of funds but, instead,
demonstrates a commitment between the parties to work towards common goals
of finding solutions to reduce recidivism rates, restore lives and making our
communities safe; and
BE IT FURTHER RESOLVED, This MOU is at-will and may be modified by mutual consent
of the authorized parties, namely. Chairman, Three Affiliated Tribes; P. Diane
Johnson, Warriors Reentry Program; Rick Volk, Assistant U.S. Attorney; Wade
Warren, Chief U.S. Probation Officer, U.S. Probation and Pretrial Services; and,
Leann Bertsch, Director, ND Department of Corrections and Rehabilitation; and,
Doreen Yellow Bird, MHA Nation Justice Commission, Spiritual, Cultural and
Traditional Tribal Member.
BE IT FINALLY RESOLVED, The MOU shall become effective upon signature of the
authorized officials identified above; and will remain in effect until modified or
terminated by any one ofthe partners by mutual consent.
CERTIFICATION
members of whom 5 constitute a quorum 7 were present at a Regular Meeting thereof duly called,
noticed, convened, and held on the 12'*'day of May 2016, that the foregoing Resolution was
duly adopted at such Regular Meeting by the affirmative vote of6 members,0 members opposed,
0 members abstained, 1 members not voting, and that said Resolution has not been rescinded or
amended in any way.
Chairman [X] Voting. [X] Not voting.
Dated this 12^ day of May, 2016.
ATTEST:
Tiibal Secretary, L. Kermeth Hall
Tribal Chairman, Mam N. Fc
Page 3 of 4
SIGNATURE PAGE
Mark N. Fox, Chairman, Three Affiliated Tribes of
Date
the MHA Nation
Dorreen Yellow Bird, Spiritual, Cultural and Traditional
Date
Member ofthe Three Affiliated Tribes, MFIA Nation
Rick Volk, U.S. Assistant Attorney General
Date
U.S. Department of Justice
Wade Warren, Chief Probation Officer
Date
U.S. Probation and Pretrial Services
Leann Bertsch, Director, ND Department of
Date
Corrections and Rehabilitation
P. Diane Johnson, Director, Warriors of the 2U'
Century Reentry Program, MFIA Nation
Page 4 of4
Date
Resolution No. 16- 091-LKH
RESOLUTION OF THE GOVERNING BODY
OF THE
THREE AFFILIATED TRIBES
OF THE
A Resolution Entitled "Approval of62 Applicantsfor Enrollment into the Three Affiliated
Tribes"
the authority under said Act and having adopted a Constitution and By-laws
Tribal Business Council is the governing body ofthe 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 ofthe enrolled members thereof; and
WHEREAS, Article VI, Section 5 (1) of the Constitution of the Three Affiliated Tribes
regulating the procedure of the Tribal Business Council and other Tribal agencies
and Tribal officials on the Reservation; and
WHEREAS, According to the Article 11, Section 1: Membership ofthe Three Affiliated Tribes
Constitution, the membership ofthe Three Affiliated Tribes shall consist of:
A. All persons whose names appear on the membership of the Tribe as of
October 2, 1974.
B. Any person bom before the effective date of this amendment and to
any member of the Tribe who was a resident of the reservation at the
time of birth of said person.
C. All persons of at least l/S"' Indian Blood of the Hidatsa, Mandan and
/or Arikara Tribe.
AMENDMENT VII, DUAL ENROLLMENT:
A.
Persons enrolled with another tribe and who have received benefits
from another tribe in the form of land or payments shall not be
eligible for enrollment with the Three Affiliated Tribes of the Fort
Berthold Reservation, provided that inherited interests shall not be
considered as being such benefits.
B.
Persons eligible for enrollment with the Three Affiliated Tribes of
the Fort Berthold Reservation and another tribe shall relinquish
whatever rights of enrollment they may hold in the other tribe as a
condition to their enrollment with the Three Affiliated Tribes ofthe
Fort Berthold Reservation.
WHEREAS, on November 2, 2010 a secretarial election was held to amend Article II
of the Tribes' Constitution and a 1/8"' Mandan, Hidatsa and/or Arikara
blood quantum requirement was adopted for membership eligibility;
WHEREAS,on May
2016 the Tribal Business Council reviewed the applications of^
individuals who are determined eligible for membership into the Three Affiliated Tribes under
the amended provisions of Article 11 ofthe Constitution and;
NOW THEREFORE BE IT RESOLVED,that the Tribal Business Council of the Three
Affiliated Tribes hereby approves the enrollment ofthe attached list of§1 applicants for
enrollment into the Three Affiliated Tribes.
(The Remainder ofthis page is intentionally left blank)
Three Affiliated Tribes - Office of Tribal Enrollment
Enrollment List - May 12, 2016
Friday, May 6, 2016 8:42am
Records:62
Filters Applied:
Deceased: No, GROUP = 105
Full Name
Anderson, Stephanie LaNae
Bird, Ava Amaria Grace
Castillo, Michelle Two Crow
Cervantes, Marse Emillano
Cervantes, Thalia Marie
Chase, ChaunDee Manuel
Chase-Pendleton, Cyril Wayne
DeMarce, Tyra Josephine
Djuric, Konstantlne
Ebarb, Destiny Miranda
Ebarb, Jasmine Mariah Meleka
Ebarb, Justice Shane
Edwards, Brian Keith
Esquibel, Trentyn Kanan
Ferandez, Jude Harper
Fernandez, Hazel Anne
Finley, Martin Jay
Fox, Grace Dawn
Fox, Kaldence Ellse
Fox, Korday Nez
Fox, Makiah Jo
Garcia, Kleanah Aaliyah
Garcia, Klerra Casey'Jo
Goodbird, Alden Joseph
Halvorson Jr., Russell Allen
Hartman, Joshua Michael
Hatlestad, Jory Lee
Heart, Shyanne Margaret Antoinette
Hoeger, Nikki Stephanie
Hopkins, Chauncey Duane
Humm, Ella Jean
Klhega, Kayzden Carter
Le Beau, Shandelle Leigh
Lever, Lester Star
Lindahl, Christopher Henry
Lindahl, Damien Joseph
Lindahl, Lillana Vess
Little Swallow, Eastyn Aden
Lohnes, Stuart James
Lone Bear, Demaryiuz Kyle
Martell, Corey Lar'ron
Martell, Gabrlella Faith
McDonald, Ardell Marie
McDonald, Mary Alice
Miner, Dominic Andrew
O'Kimosh, Casey Joelle
Osborne, Scott Gregory
Povrarad by:
Progeny'-'^-"""
Page: 1
Full Name
Pedro, Oh-hah-moe Harris
Pedro, WInterhawk John
Schumacher, Isabelle Ellse
Sitting Crow, Kayden Cash
Sitting Crow, Keone Lee
Sitting Crow, Kyra Jean Shawnee Rae
Sittingcrow, Keanna Iva May
Smith, Carson Clyde
Smith, Madison Mae
Standish, Keilah Venn Adapon
Thorton, Hunter Rose
White, John Noelle
Whiteman, Lynelle Raeanne
Yellowbird, Aaliyah Lynn
Youngbird, Erikxander Lucian
Powarad by:
Progeny*^""'
Page: 2
CERTIFICATION
members of whom 5 constitute a quorum,7 were present at a Regular Meeting thereof duly
called, noticed, convened, and held on the12th day of May 2016; that the foregoing Resolution
was duly adopted at such Meeting by the affirmative vote of 7 members,0 members opposed,0
members abstained, 0 members not voting, and that said Resolution has not been reseinded or
amended in any way.
Chairman [X] voting. [ ]not voting.
Dated this 12*^ day of May 2016.
>5/-'
ATTEST:
tribal Se^etary, L. Kenneth Hall
Resolution Entitled: "Requesting the BIA and OST authorize access to their data system that
contain The Three Affiliated Tribes Land and Trust Transaction Records"
WHEREAS, This Nation having accepted the Indian Reorganization Act of June 18, 1934, the
authority under said Act, and having adopted a Constitution and By-laws under said
Act, and
WHEREAS, Pursuant to Article III, Section 1 of the Constitution and By-Laws of the Three
Affiliated Tribes, the Tribal Business Council is the governing body ofthe Tribes;
and
WHEREAS, Pursuant to Article VI, Section 5(1) of said Constitution, the Tribal Business
Council has the power to adopt resolutions regulating the procedures of the Tribal
Council, its Agencies and Officials; and
WHEREAS, Article IX Sections 1 and 3 of the Constitution provides that the Tribal Business
Council has the authority to manage and lease or otherwise deal with tribal lands
and resources; and
WHEREAS, The Federal Government has maintained tribal land and transaction records
involving the Three Affiliated Tribes, namely residing in the Trust Asset and
Accounting Management System (TAAMS), Indian Trust System Query (ITSQ),
and StrataWeb; and
WHEREAS, The Three Affiliated Tribes desires to have direct access to this data to improve
accountability and efficiency of the tribal638 programs involving tribal land assets.
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council ofthe Three
Affiliated Tribes requests the Department of the Interior, namely the Bureau of
Indian Affairs and the Office of the Special Trustee for American Indians to grant
access to the Three Affiliated Tribes to such systems:
BE IT FURTHER RESOLVED, that the Three Affiliated Tribes designates Valeri FastdogHosie, Realty Specialist and Diana American Horse, Realty Specialist, as the
Point(s) of Contact (POC) for such access and to further designate, train, and
support other authorized tribal employees for such systems access on behalf of the
Three Affiliated Tribes.
BE IT FINALLY RESOLVED, that the Chairman is hereby authorized to execute such
documents and take such further actions as are necessary to carry out the terms and
intent of this Resolution.
1
CERTIFICATION
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, 7 were present at a Regular Meeting
thereof duly called, noticed, convened and held on the 12th day of May, 2016, that the foregoing
Resolution was duly adopted at such meeting by the affirmative vote of 7 members, 0 members
opposed, 0 members abstained, 0 members not voting, and that said Resolution has not been
rescinded or amended in any way.
Chairman [ X ] Voting. [ ] Not Voting.
Dated this 121h day ofMay, 2016.
ATTEST:
Tribal Chairman, Mark N . Fox
etary, L. Kenneth
2
A Resolution entitled, "Approving Agricultural Leases on Tribal Land to Cody Fredericks"
authority under said Act, and having adopted a Constitution and By-laws under
said Act, and
Affiliated Tribes, the Tribal Business Council is the governing body of the Tribes;
and
and resources; and
WHEREAS, Leasing agricultural Tribal trust land require approval of the Tribal Business
Council pursuant to federal and tribal law; and
WHEREAS, Applications for leasing Tribal Land are subject to the requirements of tribal law,
including Resolution No. 14-071-VJB (MHA Nation Application for Rights of
Way and Use of Right of Way), Resolution No. 14-089-VJB (MHA Nation
Pipeline Right-of-Way Terms and Conditions), and Resolution No. 15-045-LKH
(Establishing a Procedure for the Approval of Leases, Rights of Way, Setback
Variances and Permissions to Survey on Tribal Land); and
WHEREAS, The applications for agriculturallease(s) described herein have been reviewed and
recommended for approval in accordance with the Three Affiliated Tribes '
approved procedure for authorizing agriculturallease(s) on tribal land; and
WHEREAS, Cody Fredericks, 7952 7th St. NW, Halliday, ND, 58636, applied to lease Tribal
Trust farm land described herein.
NOW THEREFORE BE IT RESOLVED, the Tribal Business Council hereby approves the
leases on the following allotments, subject to the respective negotiated payment
agreed upon and execution of the Terms and Conditions and payment of a Five
(5) year agricultural leases pursuant to Resolution No. 05-135-NH:
Resolution No. 16-_g3_-LKH
SEC
TWP
RGE
Crop
Acres
S1/2SW1/4
27
147
90
30
$25
$750.00
Crop
N1/2SW1/4
36
147
91
53
$25
$1,325.00
T1109-B
Crop
SW1/4NW1/4
32
147
90
69.30
$25
$1,732.50
T907A-C
C/G
N1/2SW1/4
29
147
90
32.8
$25
$1,202.00
Total Payment
$5,009.50
Tract#
Land
Type
Description
T815
Crop
T1134A-B
Grass
Acres
38.2
Pasture
Rate
$10
Crop
Rate
Annual rent
per lease
documents and take such further actions as are necessary to carry out the terms
and intent of this Resolution.
CERTIFICATION
of seven (7) members of whom five (5) constitute a quorum, 7 were present at a _Regular
Meeting thereof duly called, noticed, convened and held on the_ 12th day of May, 2016, that
the foregoing Resolution was duly adopted at such meeting by the affirmative vote of 7
members, 0 members opposed, 0 members abstained, 0 members not voting, and that said
Resolution has not been rescinded or amended in any way.
Chairman [X] Voting. [ ] Not Voting.
Dated this 12th day of May, 2016.
ATTEST:
ary, L. Kenneth Hall
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Paul Fredericks"
said Act, and
and
WHEREAS, Pursuant to Article VI, Section 5(1 ) of said Constitution, the Tribal Business
and resources; and
WHEREAS,
Leasing agricultural Tribal trust land require approval of the Tribal Business
recommended for approval in accordance with the Three Mfiliated Tribes '
WHEREAS, Paul Fredericks, 9952 7th St, NW, Halliday, ND, 58636, applied to lease Tribal
Resolution No. 16-
Tract#
Land
Type
Description
T2065-A
Grass
T969A-A
Grass
Crop
Acres
Grass
Acres
Pasture
Rate
Crop
Rate
-LKH
Annual rent
per lease
SEC
TWP
RGE
SW1/4
33
147
90
160
$10
$1,600.00
S1/2SE1/4
32
147
90
80
$10
$800.00
Total Payment
$2,400.00
CERTIFICATION
of seven (7) members of whom five (5) constitute a quorum, 7 were present at a Regular_
Meeting thereof duly called, noticed, convened and held on the _12th day of May, 2016, that
Dated this 12th day of _May, 2016.
ATTEST:
L~
Secr~eth~
Tribal
Tribal hairman, ark . Fox
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Greta White Calfe
and Verlee Sayler"
said Act, and
and
and resources; and
WHEREAS,
recommended for approval in accordance with the Three Affiliated Tribes'
WHEREAS, Greta White Calfe and Verlee Sayler, 5748B 11th St. NW, Garrison, ND, 58540,
applied to lease Tribal Trust farm land described herein.
Tract#
Land
Type
Description
T1758
Crop
NE;{SE;{
Grass
NXNW;{,
SW;{NW;{,
WXWXSE;{NW;{,
NW;{SW;{,
EXSW;{SW;{
T476A
SEC
TWP
RGE
Crop
Acres
2
147
87
38
11
147
87
Grass
Acres
Pasture
Rate
Crop
Rate
Annual rent
per lease
$32
$1,216.00
Total Payment
$1,900.00
$3,116.00
190 $10
CERTIFICATION
of seven (7) members of whom five (5) constitute a quorum,7 were present at a _Regular
Meeting thereof duly called, noticed, convened and held on the _ 12th day of May, 2016, that
ATTEST:
T~.cl~
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Don Bauman"
said Act, and
and
andresources; and
WHEREAS, Don Bauman, 2592 61 st Ave. NW, Ryder, ND, 58779, applied to lease Tribal
Tract#
T719
T.A.
Land
Type
Description
Crop
SE1/4NE1/4
Crop
N1/2NW1/4NE1/4
SEC
TWP
RGE
Crop
Acres
Grass
Acres
Pasture
Rate
8
147
88
29
$52
$1,508.00
17
147
88
18
$52
$936.00
Total Payment
$2,444.00
Crop
Rate
Annual rent
per lease
CERTIFICATION
of seven (7) members of whom five (5) constitute a quorum, 7 were present at a Regular
12th day of May, 2016, that
Meeting thereof duly called, noticed, convened and held on the
ATTEST:
LLrndf1tt(
KennethH~
Tribal Secretary, L.
~d~
A Resolution entitled, "Approving Agricultural Leases on Tribal Land to Stacy Roberts"
said Act, and
Mfiliated Tribes, the Tribal Business Council is the governing body of the Tribes;
and
andresources; and
recommended for approval in accordance with the Three Mfiliated Tribes'
WHEREAS, Stacy Roberts, 2184 68th Ave. NW, Raub, ND, 58779, applied to lease Tribal
SEC
TWP
RGE
Crop
Acres
W1/2NE1/4
24
149
89
34.6
55%
$60
$1,141.80
W1/2NE1/4
24
149
89
38.5
55%
$60
$1,270.50
Total Payment
$2,412.30
Allotted
Tract#
Land
Type
Description
136
Crop
1327
Crop
Grass
Acres
Tribes
Interest
Crop
Rate
Annual rent
per lease
CERTIFICATION
Meeting thereof duly called, noticed, convened and held on the_ 12th day of May, 2016, that
ATTEST:
ary, L. Kenneth Hall
Tribal hairman, Mark N. Fox
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Wade Billadeau"
said Act, and
and
and resources; and
WHEREAS,
WHEREAS, Wade Billadeau Farms, 2236 68th Ave. NW, Raub, ND, 58779, applied to lease
Tribal Trust farm land described herein.
SEC
TWP
RGE
Crop
Acres
SW1/4SE1/4
28
148
89
27.8
$60
$1,668.00
Crop
E1/2SW1/4
35
148
89
65.5
$60
$3,930.00
Crop
W1/2SW1/4
35
148
89
65.5
$60
$3,930.00
Total Payment
$9,528.00
Tract#
Land
Type
Description
T95A-B
Crop
T1290
T1284
Grass
Acres
Pasture
Rate
Crop
Rate
Annual rent
per lease
CERTIFICATION
of seven (7) members of whom five (5) constitute a quorum, 7 were present at a Regular_
ATTEST:
L- ~a:r~
Mfi
Tribal Se y:L:i(enneth
Tribal Chairman, Mark N . Fox
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Weston Schettler"
said Act, and
and
and resources; and
WHEREAS,
WHEREAS, Weston Schettler, P.O. Box 723 , Garrison, ND, 58540, applied to lease Tribal
Tract#
land
Type
Description
T3028
Crop
W1/2SE1/4
SEC
TWP
RGE
Crop
Acres
10
148
89
77
Grass
Acres
Pasture
Rate
Crop
Rate
Annual rent
per lease
$32
$2,464.00
Total Payment
$2,464.00
and intent ofthis Resolution.
CERTIFICATION
Meeting thereof duly called, noticed, convened and held on the 12th day of May_, 2016, that the
foregoing Resolution was duly adopted at such meeting by the affirmative vote of 7 members, 0
members opposed, 0 members abstained, 0 members not voting, and that said Resolution has not
been rescinded or amended in any way.
ATTEST:
Tribal Secretary, L.
??1J~2-~
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Jim Pennington"
said Act, and
and
and resources; and
WHEREAS,
WHEREAS, Jim Pennington, 3489 92nd Ave. NW, New Town, ND, 58763 , applied to lease
Tribal Trust farm land described herein.
(5) month agricultural leases pursuant to Resolution No. 05-135-NH:
Land
Tract#
Type
Description
T.A.#S
Grass
Within Sec. 6, 7 & 8
SEC
TWP
150
RGE
93
Crop
Acres
Grass
Acres
Pasture
Rate
Crop
Annual rent
Rate
per lease
305 $16
Total Payment
$4,880.00
$4,880.00
CERTIFICATION
Dated this 12th day of.May, 2016.
ATTEST:
~;if
Tribalhairman, Mark ~x
A Resolution entitled, ''Approving Agricultural Leases on Tribal Land to Verlee White CalfeSayler"
said Act, and
and
and resources; and
WHEREAS, Verlee White Calfe-Sayler, 5748A 11th St. SW, Garrison, ND, 58540, applied to
lease Tribal Trust farm land described herein.
/
Tract#
Land
Type
Description
T144A
Grass
WXNEX, EXNWX
SEC
TWP
RGE
6
147
87
Crop
Acres
Grass
Acres
Pasture
Rate
Crop
Rate
Annual rent
per lease
160 $11
Total Payment
CERTIFICATION
of seven (7) members of whom five (5) constitute a quorum, 7 were present at a Regular _
members opposed, 0 members abstained, 0 members not voting, and that said Resolution has
not been rescinded or amended in any way.
Dated this 12th day ofMay, 2016.
ATTEST:
~ ~-J!t(P
ribal Secretary, L. Kenneth Hall
$1,760.00
$1,760.00
A Resolution entitled, "Bearstar Perkins Agricultural Leases on Tribal/and"
Act, and
Affiliated Tribes, the Tribal Business Council is the governing body of the Tribes; and
WHEREAS, Pursuant to Article VI, Section 5(1 ) of said Constitution, the Tribal Business Council
has the power to adopt resolutions regulating the procedures of the Tribal Council, its
Agencies and Officials; and
Council has the authority to manage and lease or otherwise deal with tribal lands and
resources; and
WHEREAS, Leasing agricultural Tribal trust land require approval of the Tribal Business Council
pursuant to federal and tribal law; and
including Resolution No. 14-071-VJB (MHA Nation Application for Rights of Way
and Use of Right of Way), Resolution No. 14-089-VJB (MHA Nation Pipeline Rightof-Way Terms and Conditions), and Resolution No. 15-045-LKH (Establishing a
Procedure for the Approval of Leases, Rights of Way, Setback Variances and
Permissions to Survey on Tribal Land); and
WHEREAS, The applications for agricultural lease(s) described herein have been reviewed and
recommended for approval in accordance with the Three Affiliated Tribes' approved
procedure for authorizing agriculturallease(s) on tribal land; and
WHEREAS, Bearstar Perkins, 1575 65th Ave NW, Garrison, ND, 58540, applied to lease Tribal
NOW THEREFORE BE IT RESOLVED, the Tribal Business Council hereby approves the leases
on the following allotments, subject to the respective negotiated payment agreed upon
and execution of the Terms and Conditions and payment of a Twenty-Five (25) year
agricultural leases negotiated at $100.00 a year for 5 acres:
Tribal
Allotment
T87A,
S ~ SW ~ SE~NE ~ SE ~,
W ~NW ~NE ~ SE ~ SE ~,
N ~ SW ~NE 114 SE ~ SE ~, NW ~ SE ~NE~ SE ~ SE ~, SW ~ SE ~ SE ~NE ~ SE Y4,
Section
18, T. 148 N, R. 88 W., McLean County, 5th Principal Meridian of North Dakota,
containing 5 acres for Shelter Belt for his home.
BE IT FINALLY RESOLVED, that the Chairman is hereby authorized to execute such documents
and take such further actions as are necessary to carry out the terms and intent of this
Resolution.
CERTIFICATION
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 12th day of May, 2016, that the foregoing Resolution was
duly adopted at such meeting by the affirmative vote of 7 members, 0 members opposed, 0 members
abstained, 0 members not voting, and that said Resolution has not been rescinded or amended in any
way.
ATTEST:
Fort Berthold
Spet~ll
Road Port•ons
/'../ Other RudWTrds
/'..,/ BIA Ro•ds
8Q
Tnballand 10
Tnbalfee Lind 10
Rese~Wtlon Boundary
~ TOWltfiiPI
Q
Secbons
~'b..
w
A Resolution entitled, "Approval of Setback Variance Requested by Targa Badlands LLC for
the Myrmidon 3(Jh Street Project."
WHEREAS, This Mandan Hidatsa and Arikara Nation (the "MHA 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 under said Act, and
WHEREAS, Pursuant to Article III, Section 1 of its Constitution and By-Laws, the Tribal
Business Council is the governing body of the MHA Nation; and
WHEREAS, The Tribal Business Council has authority to engage in activities on behalf of and
for the welfare and benefit of the Tribes and of the emolled members thereof; and
and resources; and
WHEREAS, The Tribal Business Council passed Resolution No. 12-087-VJB, entitled, "The
Missouri River, Badlands and Sacred Sites Protection Act" which requires a half
mile setback for well sites/drilling pads from the Missouri River, Little Missouri
River, and designated sacred sites or villages in the Badlands; and
WHEREAS, The Tribal Business Council passed Resolution No. 12-139-VJB, entitled,
"Amending the Missouri River and Badlands Protection Act to Allow Variances
upon Recommendation by the Tribal Energy Office," which authorizes the MHA
Nation Tribal Energy Office to consider setback variance requests and make
recommendations to the Tribal Business Council to approve such requests "when
minerals would be stranded due to the setback provisions or where the applicant
has made a clear showing that granting the variance would not cause an adverse
environmental effect upon the Missouri River or the Little Missouri River"; and
WHEREAS, On March 27, 2015, the Tribal Business Council passed Resolution No. 15-045LKH entitled, "Establishing a Procedure for the Approval of Leases, Rights-ofWay, Setback Variances and Permissions to Survey on Tribal Land"; and
Page 1 of3
WHEREAS, On Monday February 3, 2016, TARGA BADLANDS LLC ("TARGA") submitted
to the MHA Nation Energy Division a request for a Setback Variance, as set forth
in Exhibit A; and
WHEREAS, The specific Setback Variance requested by TARGA is, as follows:
Name of Gathering Line: Myrmidon 3(Jh Street West
LOCATION: Sections 2, 3, 4, 5, 6, 8 & 9, Township 150 North, Range 93 West;
and Sections 31, 32, 33 , 34 & 35, Township 151 North, Range 93 West, all in
Mountrail County, ND
ACRES OF DISTURBANCE: n/a
DRILLING/SPACING UNIT: n/a
DISTANCE FROM WELLPAD: 2,325 feet to the 1854 High Water Line
(Refer to map or other showing set forth in company's application for the setback
variance); and 365 feet from a Habitable Structure located in Allotment 438A-B.
WHEREAS, In June 19 & 20, 2013 , during the environmental and right-of-way on-sites,
TARGA met with the MHA Nation Energy Division to review and consider all
other alternatives for the construction and siting of the MYRMIDON 30TH
STREET WEST GATHERING PIPELINE; and
WHEREAS, The MHA Nation Energy Division reviewed, processed and fully vetted TARGA
request for a setback variance for MYRMIDON 30TH STREET WEST
GATHERING PIPELINE and has determined that TARGA has made a clear
showing that granting the variance would not cause an adverse environmental
effect upon the Missouri River or the Little Missouri River; and
WHEREAS, On April 12, 2016, at a duly held meeting ofthe Natural Resources Committee,
the MHA Nation Energy Division recommended for approval TARGA setback
variance request for MYRMIDON 30TH STREET WEST GATHERING
PIPELINE and the Natural Resources Committee approved TARGA's setback
variance request for MYRMIDON 30TH STREET WEST GATHERING
PIPELINE.
setback variance, attached as Exhibit A, submitted by TARGA BADLANDS LLC
for MYRMIDON 30TH STREET WEST GATHERING PIPELINE.
BE IT FINALLY RESOLVED, that the Chairman is hereby to take such further actions as are
necessary to carry out the terms and intent of this Resolution.
Page 2 of3
CERTIFICATION
thereof duly called, noticed, convened and held on the 12th day of May, 2016, that the foregoing
ATTEST:
tary, L. Kenneth Hall
Tda:f~:iry
APPENDIX A.1
<Attach: (1) Application Package submitted to the MHA Nation Energy Division requesting the
Setback Variance, (2) Recommendation Form and/or concurrence form signed by Department
Head and Chairman of NRC per Resolution 15-045-LKH, (3) map, and (4) other necessary
information>
TARGABADLANDSLLC
1000 Louisiana, Suite 4300
Houston, TX 77002
Page 3 of3
A Resolution entitled, "Mike Young Bird Fiber Optic Line"
Act, and
Affiliated Tribes, the Tribal Business Council is the governing body of the Tribes; and
WHEREAS, Pursuant to Article VI, Section 5(1) of said Constitution, the Tribal Business Council
resources; and
WHEREAS, Leases and Rights of Way (ROWs) across tribal trust land require the consent of the
Tribal Business Council pursuant to federal and tribal law; and
WHEREAS, Applications for Rights of Way on Tribal Land are subject to the requirements of tribal
law, including Resolution No. 14-071-VJB (MHA Nation Application for Rights of
Way and Use of Right of Way), Resolution No. 14-089-VJB (MHA Nation Pipeline
Right-of-Way Terms and Conditions), and Resolution No. 15-045-LKH (Establishing a
WHEREAS, The applications for ROW(s) described herein have been reviewed and recommended
for approval in accordance with the MHA Nation' s approved procedure for authorizing
ROWs on tribal land; and
WHEREAS, The Tribal Business Council finds it appropriate to authorize the ROWs described
herein.
NOW THEREFORE BE IT RESOLVED, the Business Council hereby consents to the following
ROW(s), subject to the respective Company's agreement to and execution of the Terms
and Conditions and payment ofROW fees pursuant to Resolution No. 14-089-VJB:
1. A Utility Corridor for Mike Young Bird that includes Reservation Telephone
Cooperative for a corridor easement for the insulation of a service line for domestic
Page 1 of4
use. Across Allotment Number T612A-A, in N~NW~SW~NE~, N~SE~NE~,
NE~SW~NE~ Section 24, T. 152 N., R. 95 W., with a Tribal interest of 100.0%,
McKenzie County, 5th Principal Meridian of North Dakota, as more particularly
described in Appendix A.1.
BE IT FINALLY RESOLVED, that the Chairman is hereby authorized to execute such documents
and take such further actions as are necessary to carry out the terms and intent of this
Resolution.
CERTIFICATION
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 12th day of May, 2016, that the foregoing Resolution was
duly adopted at such meeting by the affirmative vote of 7 members, 0 members opposed, 0 members
abstained, 0 members not voting, and that said Resolution has not been rescinded or amended in any
way.
Chairman [ X ] Voting. [ ] Not Voting.
ATTEST:
Tribal ecretary, L. Kennet
Page 2 of4
APPENDIX A.1
An Utility Corridor that include, Fort Berthold Rural Water, McLean Electric Cooperative,
Reservation Telephone Cooperative and an access road, for a corridor easement for the insulation of a
road and service lines for domestic use. Across Allotment Number 0258A, in NEl/4, Section 14, T.
150 N., R. 90 W. , with a Tribal undivided interest of 50.33%, McLean County, 5th Principal Meridian
ofNorth Dakota
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
CONSENT OF OWNERS TO GRANT RIGHT -OF-WAY
Allotment
Description
% ofShare
T612A-A
N Y2NWV4SWV4NEV4, NY2SEV4NEV4,
NEV4SWV4NEV4
Section 24, T. 152 N.R. 95 W.
100.0%
Three Affiliated Tribes do give permission to granting of a right-of-way, for the construction of the
Utility Corridor that will be for the Reservation Telephone Cooperative Service Line to the home site.
(as shown on attached map) and will waive payment.
The Three Affiliated Tribes is also requiring the companies of the service lines to submit shape
files to the TAT- Easement Office, as required by Tribal Resolution Number 11-047-VJB. This
data shall be submitted no later than 30 days after completion of project.
As a condition of said consent, it shall be required that language be added to said right of way as
follows: Nothing in this grant of right of way shall diminish or be construed to diminish the
jurisdiction and sovereign authority of the Three Affiliated Tribes over the above described
lands and the Tribe hereby retains its jurisdiction and sovereign authority over said lands.
Page 3 of4
i12A-G
812A.S
612A.C
612A
612A-A
612A-A
SE C ;)<
T.
1 ~2 - tl
R. 9~ W
811A·A
\
811A-A
t611A.C
611A.S
Project- Mike Young Bird
Allotment No. T612A-A
Sec. 24, T. 152 N., R. 95 W.
Nl/2NW1/ 4SW1/ 4N El/ 4,
Nl/2SE1/4NE1/4,
NE1/4SW1/4NE1/4
w4TE
s
Page 4 of4
A Resolution entitled, "Consent to a Right-of-Way Across Tribal land Submitted by QEP
Energy Company for an Additional Strip of Land Adjacent to BIA ROW No.
FBOG101015 Authorizing a 90-foot Wide Multi-Use Corridor Pursuant to MHA
Resolution No. 15-193-LKH."
and resources; and
WHEREAS, Leases and Rights-of-Way (ROWs) across tribal trust land require the consent of
the Tribal Business Council pursuant to federal and tribal law; and
WHEREAS, Applications for ROW(s) on Tribal Land are subject to the requirements of tribal
law, including Resolution No. 14-071-VJB (MHA Nation Application for
ROW(s) and Use of ROW), Resolution No. 14-089-VJB (MHA Nation Pipeline
Right-of-Way Terms and Conditions), and Resolution No. 15-045-LKH
(Establishing a Procedure for the Approval of Leases, ROW(s), Setback
WHEREAS, The MHA Resolution No. 15-193-LKH authorizing the 14-1X well pad and 90foot wide multi-use corridor was granted on November 12, 2015. In addition, BIA
ROW No. FBOG101015 authorizing the 14-1X well pad and access road was
granted on February 24, 2016; and
Page 1 of4
WHEREAS, The applications for a ROW submitted by QEP, described herein have been
reviewed and recommended for approval in accordance with the MHA Nation's
approved procedure for authorizing ROWs on tribal land; and
WHEREAS, QEP seeks a Right-of-Way, attached as Exhibit A, directly adjacent to the ROW
granted for the Pad 14-1X, as follows :
Allotment T1092A-C (an undivided 1.0000000000 interest)
•
An additional strip of land 30 feet in width for use as a gas gathering pipeline and
produced water pipeline corridor and 377.47 feet long in Lot 10 of Section 1,
T150N, R95W encompassing approximately 0.26 acres of disturbed area; located
directly adjacent to the authorized 90-foot wide corridor under MHA Resolution
No. 15-193-LKH and BIA ROW No. FBOG101015 mentioned above.
WHEREAS, QEP understands that the MHA Nation is entitled to have an appraisal conducted
for the ROW requested, but seeks a waiver of the right to an appraisal because
agrees to compensate the MHA Nation for the ROW requested and described
herein, based on $25 ,000 per acre.
WHEREAS, In April 2015 and June 2015, during the environmental and ROW on-sites, QEP
met with the MHA Nation Energy Division to review and consider all other
alternatives for the construction and siting of the multi-well pad 14-1X; and
WHEREAS, The MHA Nation Energy Division reviewed, processed and fully vetted QEP's
request for ROWs for multi-well pad 14-1X and has determined that QEP has
made a clear showing that granting the ROWs would not cause an adverse
environmental effects upon the allotments described herein; and
WHEREAS, The uses and purposes of QEP' s current application for a ROW for an additional
strip of land 30 feet in width located directly adjacent to the authorized 90-foot
wide corridor under MHA Resolution No. 15-193-LKH and BIA ROW No.
FBOG101015 , described above , were encompassed in the prior ROW on-site
reviews and environmental assessments for QEP' s Pad 14-1X; and
WHEREAS, On May 4, 2016, at a duly held meeting of the Natural Resources Committee
(''NRC"), the MHA Nation Energy Division recommended for approval QEP's
ROW request for a ROW directly adjacent to the ROW granted for multi-well pad
14-lX, and the NRC approved QEP' s ROW request and forwarded it to the full
Tribal Business Council for final approval; and
Page 2 of4
WHEREAS, The NRC also considered QEP's request that the MHA Nation waives its right to
an appraisal of the ROW requested herein, and the NRC recommended that the
Tribal Business Council (grant/deny) such waiver request.
NOW THEREFORE BE IT RESOLVED, subject to QEP's agreement to and execution ofthe
Terms and Conditions and payment of ROW fees pursuant to Resolution No. 14089-VJB, the Tribal Business Council hereby finds it appropriate to authorize and
consents to the ROW requested by QEP, attached as Exhibit A, as follows:
Allotment T1092A-C (an undivided 1.0000000000 interest)
•
An additional strip of land 30 feet in width for use as a gas gathering pipeline and
produced water pipeline corridor and 377.47 feet long in Lot 10 of Section 1,
T150N, R95W encompassing approximately 0.26 acres of disturbed area; located
directly adjacent to the authorized 90-foot wide corridor under MHA Resolution
No. 15-193-LKH and BIA ROW No. FBOG101015 mentioned above.
BE IT FURTHER RESOLVED, that the Tribal Business Council hereby grants QEP's request
that the MHA Nation waive its right to an appraisal of the ROW requested herein
because QEP agrees to compensate the MHA Nation on a per acre basis at a rate of
$
per acre.
(SIGNATURE PAGE TO FOLLOW)
Page 3 of4
CERTIFICATION
Meeting thereof duly called, noticed, convened and held on the 12th day of May, 2016, that the
ATTEST:
ribaliecrtacy,L. Kenn: :
l:::?&::f~~
~~-~
Page 4 of4
A Resolution entitled, "Consent to a Right-of-Way across Tribal/and Submitted by WPX
Energy Williston, LLC for the Big Horn Pad."
said Act, and
and
and resources; and
WHEREAS, Leases and Rights of Way ("ROWs") across tribal trust land require the consent
of the Tribal Business Council pursuant to federal and tribal law; and
WHEREAS, Applications for Rights of Way on Tribal Land are subject to the requirements of
tribal law, including Resolution No. 14-071-VJB (MHA Nation Application for
Rights-of-Way and Use of Right-of-Way), Resolution No. 14-089-VJB (MHA
Nation Pipeline Right-of-Way Terms and Conditions), and Resolution No. 15045-LKH (Establishing a Procedure for the Approval of Leases, Rights-of-Way,
Setback Variances and Permissions to Survey on Tribal Land); and
WHEREAS, The application for a ROW submitted by WPX Energy Williston, LLC ("WPX")
for the Big Hom Pad, described herein, have been reviewed and recommended for
approval in accordance with the MHA Nation' s approved procedure for
authorizing ROWs on tribal land; and
("NRC"), the MHA Nation Energy Division recommended for approval for
WPX' s ROW request for the Big Hom Pad, more particularly described in
Appendix A.1 ., and the NRC approved WPX' s ROW request, and forwarded the
matter to the Tribal Business Council for final action.
Page 1 of2
NOW THEREFORE BE IT RESOLVED, the Tribal Business Council hereby consents to the
following ROW, subject to WPX' s agreement to and execution of the Terms and
Conditions and payment of ROW fees pursuant to Resolution No. 14-089-VJB:
•
WPX Energy Williston, LLC (Big Hom Pad), for a well pad, access road,
pipeline, and utility, across certain tribal lands in Section 32, Township 150N,
Range 93W, as more particularly described in Appendix A. I.
CERTIFICATION
members opposed, 0 members abstained, 1 member not voting, and that said Resolution has not
ATTEST:
ecretary, L. Kenneth Hall
d~~ k
Page 2 of2
A Resolution entitled, "Consent to a Right-of-Way across Tribal land Submitted by Targa
Badlands LLC for the BT Ext Turtles East Project."
said Act, and
and
andresources; and
WHEREAS, Leases and Rights of Way (ROWs) across tribal trust land require the consent of
Rights of Way and Use of Right of Way), Resolution No. 14-089-VJB (MHA
Nation Pipeline Right-of-Way Terms and Conditions), and Resolution No. 15045-LKH (Establishing a Procedure for the Approval of Leases, Rights of Way,
WHEREAS, The application for a ROW consent submitted by Targa Badlands LLC ("Targa"),
for the BT Ext Turtles East project, described herein, have been reviewed and
recommended for approval in accordance with the MHA Nation's approved
procedure for authorizing ROWs on tribal land; and
WHEREAS, On April 12, 2016, at a duly held meeting of the Natural Resources Committee,
the MHA Nation Energy Division recommended for approval for Targa' s ROW
request for the BT Ext Turtles project, more particularly described in Appendix
A.l., and the Natural Resources Committee approved Targa' s ROW request, and
forwarded the matter to the Tribal Business Council for final action; and
Page 1 of3
following ROW, subject to Targa' s agreement to and execution of the Terms and
Conditions and payment of ROW fees pursuant to Resolution No. 14-089-VJB:
•
TARGA BADLANDS LLC ' s, request for consent to construct pipelines up to
twelve inches (12") in diameter on an easement across certain tribal lands in
Section 32 and 33, Township 152 North, Range 94 West, McKenzie County,
North Dakota (see Appendix AI.).
CERTIFICATION
ATTEST:
Tribal Secretary, L. Kenneth Hall
Page 2 of3
APPENDIX A.l
For a pipeline easement I 00 ' in width (30' permanent plus 70 ' temporary), plus 1.012 acres of
additional temporary workspace outside the pipeline easement corridor for the purpose of equipment
and/or material storage, staging bore(s), etc.
Easement shall allow for the installation of up to four (4) oil and/or gas pipelines, up to 12 inches in
diameter, and associated above- and below-ground appurtenances, associated infrastructure, and
pipeline markers as required by law.
Oil and/or gas pipelines are to be constructed of steel or any other material approved by the MHA
Nation.
Attach: (1) Application Form, (2) Approval Form signed by Department Head and Chairman of
NRC per Resolution 15-045-LKH, (3) signed ROW terms and Conditions per Resolution No. 14089-VJB, (4) map, and (5) other necessary information
TARGABADLANDSLLC
Houston, TX 77002
Page 3 of3
A Resolution entitled, "Consent to a Right-of-Way across Tribal/and Submitted by Targa
Badlands LLC for the BT Ext Crow Flies High Project."
said Act, and
and
and resources; and
WHEREAS, Leases and Rights of Way (ROWs) across tribal trust land require the consent of
Rights of Way and Use of Right of Way), Resolution No. 14-089-VJB (MHA
Nation Pipeline Right-of-Way Terms and Conditions), and Resolution No. 15045-LKH (Establishing a Procedure for the Approval of Leases, Rights of Way,
WHEREAS, The applications for a ROW consent submitted by Targa Badlands LLC ("Targa")
for the BT Ext Crow Flies High project, described herein, have been reviewed and
recommended for approval in accordance with the MHA Nation's approved
procedure for authorizing ROWs on tribal land; and
WHEREAS, On April 12, 2016, at a duly held meeting of the Natural Resources Committee,
the MHA Nation Energy Division recommended for approval for Targa' s ROW
consent request for the BT Ext Crow Flies High project, more particularly
described in Appendix A.1. , and the Natural Resources Committee approved
Page 1 of3
Targa's ROW consent request, and forwarded the matter to the Tribal Business
Council for final action; and
following ROW(s), subject to Targa's agreement to and execution of the Terms
and Conditions and payment of ROW fees pursuant to Resolution No. 14-089VJB:
•
TARGA BADLANDS LLC 's, request for consent to construct pipelines up to
twelve inches (12") in diameter on an easement across certain tribal lands in
Section 32 and 33, Township 152 North, Range 94 West, McKenzie County,
North Dakota, as more particularly described in Appendix A.1.
CERTIFICATION
Chairman [X ] Voting. [ ] Not Voting.
ATTEST:
~1kn~
T~ilkil~
=.1;
rib3iiiecretary, L. Kennel
Page 2 of3
APPENDIX A.1
For a pipeline easement 100' in width (30' permanent plus 70 ' temporary).
Easement shall allow for the installation of up to four (4) oil and/or gas pipelines, up to 12 inches in
diameter, and associated above- and below-ground appurtenances, associated infrastructure, and
pipeline markers as required by law.
Oil and/or gas pipelines are to be constructed of steel or any other material approved by the MHA
Nation.
Attach: (1) Application Form, (2) Approval Form signed by Department Head and Chairman of
NRC per Resolution 15-045-LKH, (3) signed ROW terms and Conditions per Resolution No. 14089-VJB, (4) map, and (5) other necessary information
TARGABADLANDSLLC
Houston, TX 77002
Page 3 of3
A Resolution entitled, "Approval of Setback Variance Requested by Targa Badlands LLC for
the West Myrmidon Lateral D Project."
for the welfare and benefit of the Tribes and of the enrolled members thereof; and
and resources; and
Page 1 of3
WHEREAS, On Monday February 3, 2016, TARGA BADLANDS LLC ("TARGA") submitted
to the MHA Nation Energy Division a request for a Setback Variance, as set forth
in Exhibit A; and
WHEREAS, The specific Setback Variance requested by TARGA is, as follows :
Name of Gathering Line: West Myrmidon Lateral D
LOCATION: Sections 13, 14, 15, 22 & 27, Township 152 North, Range 94
West, McKenzie County, ND
DISTANCE FROM WELLPAD: Habitable Structures within 700 feet of the
proposed pipeline easement, located in non-Tribal fee lands in Section 23,
Township 152 North, Range 94 West, McKenzie County, ND
WHEREAS, In June 11 , 2015 , during the environmental and right-of-way on-sites, TARGA
alternatives for the construction and siting of the WEST MYRMIDON
LATERAL D GATHERING PIPELINES; and
request for a setback variance for WEST MYRMIDON LATERAL D
GATHERING PIPELINES and has determined that TARGA has made a clear
showing that granting the variance would not cause an adverse environmental
effect upon the Missouri River or the Little Missouri River; and
WHEREAS, On Tuesday April 12, 2016, at a duly held meeting of the Natural Resources
Committee, the MHA Nation Energy Division recommended for approval
TARGA setback variance request for WEST MYRMIDON LATERAL D
GATHERING PIPELINES and the Natural Resources Committee approved
TARGA' s setback variance request for WEST MYMIDON LATERAL
GATHERING PIPELINES .
setback variance, attached as Exhibit A, submitted by T ARGA BADLANDS LLC
for WEST MYRMIDON LATERAL D GATHERING PIPELINES.
Page 2 of3
CERTIFICATION
ATTEST:
Tribal Secretary, L. Kenneth
Tri~~d[y
APPENDIX A.l
information>
TARGABADLANDS LLC
Houston, TX 77002
Page 3 of3
A Resolution entitled, "Consent to a Right-of-Way across Tribal landfor the Phase JA
Northern Extension Loop Line Project Submitted by Crestwood."
said Act, and
and
and resources; and
WHEREAS, Leases and Rights-of-Way ("ROWs") across tribal trust land require the consent
of the Tribal Business Council pursuant to federal and tribal law; and
WHEREAS, Applications for ROWs on Tribal Land are subject to the requirements of tribal
law, including Resolution No. 14-071-VJB (MHA Nation Application for Rightsof-Way and Use of Right-of-Way), Resolution No. 14-089-VJB (MHA Nation
(Establishing a Procedure for the Approval of Leases, Rights-of-Way, Setback
WHEREAS, During the Tribal Business Council meeting on October 27, 2015, the Energy
Division was presenting for final approval a number of ROW consents and
setback variance approvals, and during the course of this discussion with regard to
the then-pending ROW consents requested by Crestwood, the Natural Resources
Department raised several unresolved and outstanding issues relating to
Crestwood' s operations on the Fort Berthold Indian Reservation; and
Page 1 of3
WHEREAS, The Tribal Business Council ultimately approved the two Crestwood ROW
consent request, but subject to Crestwood meeting with the MHA Departments
and Divisions, to secure their concurrences to address or resolve the pending
issues; and
WHEREAS, On Wednesday, October 28, 2015, Crestwood representatives met with the
departmental heads of the Energy Division, the Environmental Division, the
Game & Fish Department and a representative from the Natural Resources
Department, and as an outcome of that meeting, the departments issued a
Memorandum entitled, "Conditions of Concurrence in the Approval of
Crestwood' s pending Right-of-Way Requests"; and
WHEREAS, By letter dated December 1, 2015 from Robbie McDonough, Vice President,
Land and Government Relations for Crestwood to Carson Hood, Director of the
MHA Energy Division, Crestwood confirmed that it will "continue to comply
with all applicable laws, regulations and rules of the MHA Nation in regards to its
operations and activities on the Fort Berthold Indian Reservation" and will
continue to work with the MHA Natural Resources Department and the MHA
Energy Division "in regards to Crestwood developing mitigation plans for its
produced water gathering system"; and
WHEREAS, The application for ROW submitted by Crestwood for the Phase 1A Northern
Extension Loop Line Project has been reviewed and recommended for approval in
accordance with the MHA Nation' s approved procedure for authorizing ROWs on
tribal land; and
("NRC"), the MHA Energy Division recommended for approval Crestwood's
ROW application for the Phase 1A Northern Extension Loop Line project, and the
NRC approved Crestwood' s ROW consent request and forwarded it to the Tribal
Business Council for final action subject to Crestwood's continued cooperation
and efforts to comply with the applicable Conditions of Concurrence referenced
herein.
NOW THEREFORE BE IT RESOLVED, subject to Crestwood' s agreement to and execution
of the Terms and Conditions and payment of ROW fees pursuant to Resolution
No. 14-089-VJB, the Tribal Business Council hereby finds it appropriate to
authorize and consent to the ROW requested by Crestwood, as follows:
•
Crestwood, Phase lA Northern Extension Loop Line, to construct pipelines for
additional capacity for the planned drilling and completion of customers along
this route (WPX and Enerplus), across certain tribal lands on Allotments 1082A,
706A-B, 709A and 915A, tribal interest, in Section 35 of Township 150 North,
Range 94 West, and Sections 3 & 4 of Township 149 North, Range 94 West all in
Page 2 of3
McKenzie County, North Dakota, as more particularly described in Appendix A.1
and a temporary access road located in Allotment 709A of Section 3, Township
149 North, Range 94 West, McKenzie County North Dakota more particularly
described in Appendix A.2.
BE IT FURTHER RESOLVED, the Tribal Business Council hereby approves the above
referenced ROW consent, subject to Crestwood's continued cooperation in
adhering to and meeting the Conditions of Concurrence to address or resolve
outstanding or unresolved issues, set forth by the MHA Natural Resources
Department, including the MHA Nation Energy Division, the MHA Game & Fish
Division, and the Environmental Department.
CERTIFICATION
ATTEST:
Td0M'f~
Page 3 of3
A Resolution entitled, "Consent to Survey Certain Tribal/and for the Thomas Jay Plenty Chief,
Sr. Home Site -North Segment"
Act, and
and
WHEREAS, Pursuant to Article VI, Section 5(1) of said Constitution, the Tribal Business Council
resources; and
WHEREAS, Leasing tribal land require approval of the Tribal Business Council pursuant to federal
and tribal law; and
and Use of Right of Way), Resolution No. 14-089-VJB (MHA Nation Pipeline Rightof-Way Terms and Conditions), and Resolution No. 15-045-LK.H (Establishing a
WHEREAS, The applications for Tribal Home Site Lease described herein have been reviewed
and recommended for approval in accordance with the Three Affiliated Tribes'
approved procedure for authorizing home site leases on tribal land; and
for approval in accordance with the MHA Nation' s approved procedure for
Page 1 of4
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council of the Three Affiliated
Tribes approves the following home site lease for the following individuals for a period of 25 years,
with the option to renew for an additional twenty-five (25) years:
1) Thomas J. Plenty Chief:
Lease Preparation Fee
$20.00
Annual Rental Rate
$50.00
For a 2.5 acres home site, more or less and located within Allotment T439A-B, within the
NEY,SEY,SEY,SWY, of Section 4, Township 150 North, Range 93 West, of the 5th Principal
Meridian, North Segment, Fort Berthold Indian Reservation, Mountrail County, North
Dakota. (See Appendix A.l - Map of Location)
following:
1. Thomas Jay Plenty Chief, Sr. Home Site and the Fort Berthold Rural Water will
be constructing a Service Line in the North Segment. The easement will run a
service line to a home site being built in the North Segment, across Tribal lands
listed below in Appendix A.1 :
2. Thomas Jay Plenty Chief, Sr. Home Site and the Mountrail-Williams Electric
Cooperative will be constructing a Service Line in the North Segment. The
easement will run a service line to a home site being built in the North Segment,
across Tribal lands listed below in Appendix A.1 :
3. Thomas Jay Plenty Chief, Sr. Home Site and the Reservation Telephone
Cooperative will be constructing a Service Line in the North Segment. The
across Tribal lands listed below in Appendix A.1:
4. Thomas Jay Plenty Chief, Sr. Home Site and the Three Affiliated Tribes Roads
Department will be constructing a access road in the North Segment. The
Page 2 of4
BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute such
CERTIFICATION
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 12th day of _May, 2016, that the foregoing
ATTEST:
L~~
Tribal Secretary, L. Kenneth:.:
Ta~1:~
Page 3 of4
Fort Berthold
Reservation
.\fandan, Hidatsa & Arikaa
.Vation
1\'atural R ~so uru
Department
Al lotment T439A·B,wi thm
the NEXSffiSEY.SWJ4 of
Section 4, Township 150
North, Range 93 Wes~ of
the 5th Prinopal Mend• an,
North Segmen~ Fort
Berthold lnd•an Reservation,
Mountrail County, Nord;
Dako ta.
l
A Resolution entitled, "Consent to Survey Certain Tribal Landfor the Payden C. Sorenson Home
Site -South Segment"
Act, and
and
WHEREAS, Pursuant to Article VI, Section 5(1 ) of said Constitution, the Tribal Business Council
resources; and
WHEREAS, Leasing tribal land require approval of the Tribal Business Council pursuant to
federal and tribal law; and
and Use ofRight of Way), Resolution No. 14-089-VJB (MHA Nation Pipeline Rightof-Way Terms and Conditions), and Resolution No. 15-045-LK.H (Establishing a
WHEREAS, The applications for Tribal Home Site Lease described herein have been reviewed
and recommended for approval in accordance with the Three Affiliated Tribes'
approved procedure for authorizing home site leases on tribal land; and
for approval in accordance with the MHA Nation' s approved procedure for
Page 1 of3
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Council of the Three Affiliated
Tribes approves the following home site lease for the following individuals for a
period of25 years, with the option to renew for an additional twenty-five (25) years:
1) Payden C. Sorenson:
Lease Preparation Fee
$20.00
Annual Rental Rate
$50.00
For a 2.5 acres home site, more or less and located within Allotment T959A, within Section
12, Township 146 North, Range 90 West, of the 5th Principal Meridian, South Segment, Fort
Berthold Indian Reservation, McKenzie County, North Dakota. (See Appendix A.1 - Map of
Location)
following:
1. Payden C. Sorenson Home Site and the Fort Berthold Rural Water will be
constructing a Service Line in the South Segment. The easement will run a
service line to a home site being built in the South Segment, across Tribal lands
listed below in Appendix A.1 :
2. Payden C. Sorenson Home Site and the McKenzie Electric Cooperative will be
constructing a Service Line in the South Segment. The easement will run a
listed below in Appendix A.1:
3. Payden C. Sorenson Home Site and the Reservation Telephone Cooperative will
be constructing a Service Line in the South Segment. The easement will run a
listed below in Appendix A.1:
4. Payden C. Sorenson Home Site and the Three Affiliated Tribes Roads
Department will be constructing an access road in the South Segment. The
easement will run a service line to a home site being built in the South Segment,
Page 2 of3
BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute such
CERTIFICATION
Fort Berthold Indian Reservation hereby certify that the Tribal Business Council is composed of
seven (7) members of whom five (5) constitute a quorum, 7 were present at a Regular Meeting
thereof duly called, noticed, convened and held on the 12th _ day of May, 2016, that the foregoing
ATTEST:
~·
.;;(~
T~27(}
Tribal Secretary, L. Kenn"'ihH311
Page 3 of3
A Resolution Entitled: ''Approval of Consent for Residential Lease"
WHEREAS,
This Nation having accepted the Indian Reorganization Act of June 18, 1934, the
authority under said Act, and having adopted a Constitution and By-laws under said Act,
and
WHEREAS,
Pursuant to Article Ill, Section 1 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(1) of said Constitution, the Tribal Business Council has
the power to adopt resolutions regulating the procedures of the Tribal Council, its
WHEREAS, Article IX Sections 1 and 3 of the Constitution provides that the Tribal Business Council
has the authority to manage and lease or otherwise deal with tribal lands and resources;
and
WHEREAS,
Leasing tribal land require approval of the Tribal Business Council pursuant to federal
and tribal law; and
including Resolution No. 14-071-VJB (MHA Nation Application for Rights of Way and
Use ofRight of Way), Resolution No. 14-089-VJB (MHA Nation Pipeline Right-of-Way
Terms and Conditions), and Resolution No . 15-045-LKH (Establishing a Procedure for
the Approval of Leases, Rights of Way, Setback Variances and Permissions to Survey on
Tribal Land); and
WHEREAS,
The applications for Tribal Home Site Lease described herein have been reviewed and
recommended for approval in accordance with the Three Affiliated Tribes' approved
procedure for authorizing home site leases on tribal land; and
NOW THEREFORE BE IT RESOLVED, that the Tribal Business Counc il of the Three Affiliated
Tribes consents to the residential allotted lease for the undivided tribal interests, with a
rental of$50 per year for twenty-five (25) years, with the option to renew for an
additional twenty-five (25) years
Samuel White Owl (301U-04565) Residential Lease Consent:
Allotment 550A, specifically, described as NE¥4NE¥4NW¥4SE¥4, of Section 32,
Township 152 North, Range 94 West, Fifth Principal Meridian, situated on the Fort
Berthold Indian Reservation, County of McKenzie, State of North Dakota,
containing approximately 2.50 Acres.
Page 1 of2
Dean P. Birdsbill (301U-02606) Residential Lease Consent:
Allotment 550A, specifically, described as SWV4NEV4NWV4SEV4, of Section 32,
Deann S. Birdsbill (301U-09149) Residential Lease Consent:
Allotment 550A, specifically, described as SEV4NEV4NWV4SEV4, of Section 32,
BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute such documents and
take such further actions as are necessary to carry out the terms and intent of this
Resolution.
CERTIFICATION
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, 7 were present at a Regular Meeting thereof duly called,
noticed, convened and held on the 12th day of May, 2016, that the foregoing Resolution was duly adopted
at such meeting by the affirmative vote of 7 members, 0 members opposed, 0 members abstained, 0
members not voting, and that said Resolution has not been rescinded or amended in any way.
ATTEST:
d~Secr~ry,
rff=41k/
Tribal
LKenneth HaH
T~k~
Page 2 of2
A Resolution entitled, "Approval of Setback Variance Requested by Targa Badlands LLC
For the West Myrmidon Lateral C Gathering Pipeline."
for the welfare and benefit of the Tribes and of the enrolled members thereof; and
andresources;and
Page 1 of3
WHEREAS, On Wednesday March 2, 2016, TARGA BADLANDS LLC ("TARGA")
submitted to the MHA Nation Energy Division a request for a Setback Variance,
as set forth in Exhibit A; and
WHEREAS, The specific Setback Variance requested by TARGA are, as follows:
Name of Gathering Line: West Myrmidon Lateral C
LOCATION: Sections 26 & 35, Township 152 North, Range 94 West; and
Section 2, Township 151 North, Range 94 West, all in McKenzie County, ND
DISTANCE FROM WELLPAD: Habitable Structures within 700 feet of the
proposed pipeline easement, located in Allotment 541A-C and 541A-D in
Section 35, Township 152 North, Range 94 West; and in Allotment 543A in
Section 1, Township 151 North, Range 94 West, McKenzie County, ND.
WHEREAS, On January 5, 2012, during the environmental and right-of-way on-sites, TARGA
alternatives for the construction and siting of the WEST MYRMIDON
LATERAL C PIPELINE; and
WHEREAS, The MHA Nation Energy Division reviewed, processed and fully vetted T ARGA
request for a setback variance for WEST MYRMIDON LATERAL C PIPELINE
and has determined that TARGA has made a clear showing that granting the
variance would not cause an adverse environmental effect upon the Missouri
River or the Little Missouri River; and
WHEREAS, On Tuesday, April 12, 2016, at a duly held meeting of the Natural Resources
TARGA setback variance request for WEST MYRMIDON LATERAL C
PIPELINE and the Natural Resources Committee approved TARGA's setback
variance request for WEST MYRMIDON LATERAL C PIPELINE.
setback variance, attached as Exhibit A, submitted by T ARGA BADLANDS LLC
for WEST MYRMIDON LATERAL C.
Page 2 of3
CERTIFICATION
thereof duly called, noticed, convened and held on the 12th_ day of May, 2016, that the foregoing
ATTEST:
r~&
APPENDIX A.l
information>
TARGA BADLANDS LLC
Houston, TX 77002
Page 3 of3
A Resolution entitled, "Approval of Setback Variance Requested by Targa Badlands LLC
For the West Myrmidon Trunk Gathering Pipeline."
and resources; and
Page 1 of3
WHEREAS, On Wednesday March 2, 2015, TARGA BADLANDS LLC ("TARGA")
submitted to the MHA Nation Energy Division a request for a Setback Variance,
as set forth in Exhibit A; and
WHEREAS, The specific Setback Variance requested by TARGA is, as follows :
Name of Gathering Line: West Myrmidon Trunk
LOCATION: Sections 27, 26, 25, 24 & 23 Township 152 North, Range 94 West;
and Sections 19, 20 & 30, Township 152 North, Range 93 West, all in McKenzie
County, ND
DISTANCE FROM WELLPAD: 1,115feet to the 1854 High Water Line and
Habitable Structures within 700 feet of the proposed pipeline easement, located
in Allotment 570A-B in Section 24, Township 152 North, Range 94 West; and
in Section 25, Township 152 North, Range 94 West, McKenzie County, ND
(Refer to map or other showing set forth in company' s application for the setback
variance); and
WHEREAS, In October 2012, during the environmental and right-of-way on-sites, TARGA
alternatives for the construction and siting of the WEST MYRMIDON TRUNK
PIPELINE; and
request for a setback variance for WEST MYRMIDON TRUNK PIPELINE and
has determined that TARGA has made a clear showing that granting the variance
would not cause an adverse environmental effect upon the Missouri River or the
Little Missouri River; and
WHEREAS, On Tuesday April 12, 2016, at a duly held meeting of the Natural Resources
TARGA setback variance request for WEST MYRMIDON TRUNK PIPELINE
and the Natural Resources Committee approved TARGA' s setback variance
request for WEST MYRMIDON TRUNK PIPELINE.
setback variance, attached as Exhibit A, submitted by TARGA BADLANDS LLC
for WEST MYRMIDON TRUNK PIPELINE.
Page 2 of3
CERTIFICATION
Chairman [X ] Voting. [ ] Not Voting.
ATTEST:
Tribal Sec etary, L. Kenneth Hall
~4l,;l-r
APPENDIX A.l
Head and Chairman of NRC per Resolution 15-045-LKH, (3 ) map, and (4) other necessary
information>
TARGABADLANDSLLC
Houston, TX 77002
Page 3 of3

WHEREAS, The Tribe operates on a Fiscal Year which began for

Transcription

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