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Absentee-Shawnee Tribe of Indians of Oklahoma

 

Absentee Shawnee Tribe of Indians of Oklahoma Tribal Code
Economic Development Authority
Chapter One. General Provisions



Section 100. Citation

This Title may be cited as the Absentee Shawnee Economic Development Act.

Absentee Shawnee Economic Development Act Section 100, AST ECON DEV Act Section 100



Section 101. Declaration of Need and Legislative Findings

It is hereby declared and found:

(a) That the health, safety and welfare of the people of the Absentee Shawnee Tribe of Oklahoma are enhanced by continual encouragement, development, growth and expansion of private enterprise within the Indian country under the jurisdiction of the Absentee Shawnee Tribe of Oklahoma. That the Indian country under the jurisdiction of the Absentee Shawnee Tribe of Oklahoma is an economically depressed area that needs particular attention to create new jobs, stimulate economic activity and attract private sector investment to improve the quality of life for those within the tribal jurisdiction. It is, therefore, the purpose of this Act to stimulate employment, business and industrial growth and to encourage new economic activity in the Indian country under the jurisdiction of the Absentee Shawnee Tribe by means of developing the legal and physical infrastructure necessary for business and industry, the removal of unnecessary governmental barriers to the creation of economic growth, providing assistance to business and industries, providing tax incentives and utilizing to the fullest extent tribal sovereignty and the Indian Tribal Government Tax Status Act of 1982.

(b) That the jurisdictional area of the Absentee Shawnee Tribe of Oklahoma is an area of chronic and substantial economic underdevelopment, and there exists a critical need for the development of economic and industrial activities within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma in order to address the disproportionate and persistent unemployment rate which detrimentally affects the tribal membership and other persons within the Tribe's jurisdiction.

(c) That active and planned tribal participation by the Absentee Shawnee Tribe of Oklahoma in both its business and governmental capacity in economic endeavors can have a significant and positive impact on the long-term economic stimulation of the local economy for both the Tribe and the local economy.

(d) That an economic strategy maintaining a sound balance between the development of the tribe's economic and industrial opportunities--tribal business--within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma, and the acquisition of land for these purposes, is essential to the prosperity, peace and welfare of those within the tribal jurisdiction.

(e) That a critical need exists for the Absentee Shawnee Tribe of Oklahoma to focus its considerable energies and strengths on the development of diversified and stable economic endeavors within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma that includes and emphasizes both the development of the Tribe as a business initiator, planner, manager of tribal enterprises and upon the tribe as a Government creating the legal infrastructure necessary to support, enhance, and encourage the creation of a heretofore non-existent private business sector within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma.

(f) That it is vital for the Absentee Shawnee Tribe of Oklahoma to establish a focal point for economic development activities within the tribal structure by tribal legislation to which the Executive Committee can delegate specific duties and with which it can work in creating tribal enterprises and developing the legal infrastructure necessary to support the development of a private business sector within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma.

(g) That in order to address these identified needs and to establish a focal point through which solutions can be analyzed, proposed and initiated, the Absentee Shawnee General Council has found it necessary in the public interest that it create and authorize the operation of the Absentee Shawnee Economic Development Authority through Resolution AST-GC-88-03.

(h) That the creation and operation of the Authority serves an essential governmental function of the Absentee Shawnee Tribe of Oklahoma by allowing the Tribe to address the serious economic, social, and health problems associated with the serious unemployment and underemployment within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma, the general lack of available tribal funds to address these problems, the general lack of sufficient land base for the economic development needs of the tribe, and the attendant impact upon the public health, safety, and welfare.

(i) That the creation and operation of the Authority addresses a situation which has not, and cannot, be wholly relieved through the operation of private sector enterprises alone, and that providing job training and relief from critical unemployment and underemployment rates, the development of tribal revenue generating public and private sectors, the acquisition of land by the Absentee Shawnee Tribe of Oklahoma for development purposes and developing tribal sources of financing economic development and land acquisition are public uses and purposes that are essential governmental functions of the Absentee Shawnee Tribe of Oklahoma, for which public monies can be spent and private property acquired, and are governmental functions of tribal concern.

(j) That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination.

Absentee Shawnee Economic Development Act Section 101, AST ECON DEV Act Section 101



Section 102. Purposes

The Economic Development Authority shall be organized and operated for the purposes of:

(a) Remedying the disproportionate unemployment rate of tribal members and other persons residing within the tribal jurisdiction.

(b) Remedying the disproportionate underemployment rate of tribal members and other persons within the tribal jurisdiction.

(c) Providing revenues with which the Tribe may address other pressing matters of public health, safety, and welfare, or for other tribal purposes.

(d) Attracting private industry to the tribal jurisdiction.

(e) Expanding the tribal land base and economic development potential through the purchase of additional land for tribal use.

(f) Identify, plan, initiate, and develop tribal economic and industrial activities on behalf of the Absentee Shawnee Tribe of Oklahoma.

(g) Act as a catalyst within the tribal structure, working in conjunction with the tribal legislative bodies--the Absentee Shawnee General Council and Executive Committee--to provide for the orderly creation and temporary management of tribal business enterprises.

(h) Make recommendations to the Absentee Shawnee Executive Committee as to legislation for development of tribal business enterprises.

(i) Make recommendations to the Absentee Shawnee Executive Committee useful and necessary for the development of private sector business enterprises within the jurisdiction of the Tribe such as, but not limited to, recommendations regarding taxation, business licensing, finance, land acquisition, use and zoning requirements, environmental protection, and authorized forms of business structures such as corporations, joint ventures, partnerships.

(j) Establish in conjunction with the Absentee Shawnee Executive Committee an economic development revolving fund.

(k) Encouraging the creation of a Tribal tax base, the earning of income which can be used to support essential functions of the Tribal Government, the provision of credit through which economic activity can be encouraged.

(l) Specified Purposes:

In addition to the general purposes expressed in Subsections (a) through (k) of this section, the Absentee Shawnee Economic Development Authority is intended to be an agency of the Absentee Shawnee Tribe of Oklahoma and, through its activities, further the general purposes expressed as well as the following specific Tribal and Federal purposes:

(1) the purpose of encouraging and promoting agriculture, commerce, and industry, for creating a fund to be known as the real estate bond payment and purchase fund to be used for the acquisition of real property for economic development and other purposes, including the purposes of providing land to landless members of the Absentee Shawnee Tribe of Oklahoma and other eligible persons, for the provision of income and the creation of a sound economic and industrial tax base for the support of the Government of the Absentee Shawnee Tribe of Oklahoma as guaranteed to the Absentee Shawnee Tribe of Oklahoma in the various treaties between the United States and the Absentee Shawnee Tribe of Oklahoma and the rights of self-government and social advancement recognized and provided for by the laws of the United States;

(2) the purpose of providing land and borrowing money and issuing loans for the acquisition of land for the Absentee Shawnee Tribe of Oklahoma, other Indian Tribes and individual Indians or groups of Indians pursuant to Section of the Act of June 18, 1934, 48 Stat. 985 (25 U.S.C. § 465), to Sections 1 and 2 of the Act of June 26, 1936, 49 Stat. 1967 (25 U.S.C. §§ 501, 502), the insurance of loans for such acquisitions pursuant to the Act of April 11, 1970 (25 U.S.C. § 488 et seq.) and other Federal laws providing for the acquisition of land for Indian individuals and Indian Tribes, and the providing of Federal insurance for loans made to Indian Tribes, individuals, or others;

(3) the purpose of furthering Indian industry and labor and economic development within the Indian Country as provided for in the Act of June 25, 1910, 36 Stat. 861 (25 U.S.C. § 47), Section 1 of the Act of May 9, 1938, 52 Stat. 302 (25 U.S.C. § 306) and other Federal laws supporting the economic development of Indian Country;

(4) the purpose of furthering the investment of Indian tribal and individual funds as provided in the Act of June 24, 1938, 25 Stat. 1037 (25 U.S.C. § 162a);

(5) the purpose of furthering any necessary irrigation projects within the Absentee Shawnee Tribe of Oklahoma jurisdiction needed to make agricultural land productive to complement the provisions of Chapter 11 of Title 25 of the United States Code;

(6) the purpose of providing income and taxable economic and industrial base in order for the Absentee Shawnee Tribe of Oklahoma to operate a Judicial and Law and Order system sufficient to meet the requirements of Title II of the Act of April 11, 1968, 82 Stat. 77 (25 U.S.C. § 1301 et seq.);

(7) the purpose of providing income and taxable economic and industrial base in order for the Absentee Shawnee Tribe of Oklahoma to further the purpose of Congress expressed in Section 1 of the Act of April 12, 1974, 88 Stat. 77 (25 U.S.C. § 1451), and balance of said Act. (Indian Financing Act);

(8) the purpose of providing income and taxable economic and industrial base in order for the Absentee Shawnee Tribe of Oklahoma to further the purpose of Congress expressed in Section 3 of the Act of September 30, 1976, 90 Stat. 1401 (25 U.S.C. § 1602), and balance of said Act. (Health Care);

(9) the purpose of providing income and a taxable economic and industrial base in order for the Absentee Shawnee Tribe of Oklahoma to further the purpose of Congress expressed in Section 101 of the Act of October 17, 1978, 92 Stat. 1325 (25 U.S.C. § 1802) and balance of said Act. (Higher Education);

(10) the purpose of providing income and taxable economic and industrial base in order for the Absentee Shawnee Tribe of Oklahoma to further the purpose of Congress expressed in Section 3 of the Act of November 8, 1978, 92 Stat. 3069 (25 U.S.C. § 1902), and balance of said Act. (Child and Family Service Programs);

(11) the purpose of providing funds for the further Tribal development of Indian owned mineral resources pursuant to the Act of December 22, 1982, 96 Stat. 1938 (25 U.S.C. § 2101 et seq.);

(12) the purpose of providing funds for Indian Land Consolidation pursuant to the Act of January 12, 1983 (96 Stat. 2517, 25 U.S.C. § 2201 et seq.);

(13) the purpose of providing income and a taxable economic and industrial base in order for the Absentee Shawnee Tribe of Oklahoma to further the policy of Congress expressed in the Act of January 4, 1975, 88 Stat. 2206 (25 U.S.C. § 450 et seq.) and particularly in Section 102 of Title I of that Act (25 U.S.C. § 405f) (Indian Self-Determination) and the Act of November 2, 1921, 42 Stat. 208 (25 U.S.C. § 13) (Snyder Act);

and the exercise of each and every essential governmental function reasonably necessary or proper to further such purposes and policies.

Absentee Shawnee Economic Development Act Section 102, AST ECON DEV Act Section 102



Section 103. Definitions

The following terms whenever used or referred to in this ordinance, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) “Executive Committee” means the Absentee Shawnee Executive Committee.

(b) “Claim” means a claim for personal injury, death, property damage, or for recovery of property arising in tort law.

(c) “Contract” means any agreement express or implied by law for the exchange of consideration.

(d) “Immediate family” means mother, father, sister, brother or child.

(e) “Misconduct in office” means any one or more of the following acts:

(1) Conviction in any court of competent jurisdiction of a felony or other crime involving dishonesty or moral turpitude, notwithstanding any right to appeal.

(2) Offering or conferring upon another or soliciting or accepting from another any financial benefit or thing of value for the recipient's decision, opinion, recommendation, vote or other exercise of discretion or as compensation for such past action.

(3) Threatening unlawful harm to any person with the purpose of influencing another's decision, opinion, recommendation, vote or other exercise of discretion or in retaliation for such past action.

(4) Knowingly, with the intent to benefit him or herself or harm another, committing an unauthorized act under color of official action or refraining from the performance of any duty imposed by law or by the nature of Economic Development Authority membership.

(5) Use of privileged information gained as a result of Economic Development Authority membership for the benefit of him or herself or the harm of another.

(6) Knowingly withholding information which could be necessary to the Economic Development Authority for informed decision making.

(7) Making any false statement or knowingly providing false information to the Economic Development Authority, including but not limited to the information provided in his or her Resume and Certificate of Eligibility.

(8) Misuse of Economic Development Authority property by unlawfully appropriating Authority assets, funds or property for his or her own use or the use of another.

(f) “Moral Turpitude” shall mean an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted customs of the Tribe regarding justice, honesty, modesty, or good moral character.

(g) “Neglect of Duty” means absence without reasonable cause from four (4) consecutive meetings of the Economic Development Authority or continued failure, over a period of four (4) months, to fulfill any regular or special duties or responsibilities as a member of the Economic Development Authority.

(h) “Nepotism Rule” means that the nomination or appointment of a member of the immediate family of the nominator or appointor is prohibited.

(i) “Obligations” means any notes, bonds, interim certificates, debentures, or other forms of obligation issued by the Authority pursuant to this ordinance.

(j) “Obligee” includes any holder of an obligation, an agent or trustee for any holder of an obligation, or lessor demising to the Authority property used in connection with a project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the Authority in respect to a project.

(k) “resume” means a comprehensive summary of an individual's formal education, professional training, prior work experience, activities, affiliations and honors which are indicative of the person's capabilities and qualifications.

(l) “Serious Insufficiency” means continued failure, over a period of six (6) months, after a minimum of two (2) documented notices to adequately perform any regular or special duties or responsibilities as a member of the Economic Development Authority provided that the notice(s) given specify the standard(s) of performance necessary and expected and the improvement(s) required to achieve such standard(s).

(m) “Tribal Court” means the Absentee Shawnee Tribal Court.

(n) “Tribal Jurisdiction” means all the land within the original boundary lines of the Absentee Shawnee Tribal reservation and any and all future additions of land acquired within or without said boundary line by the Secretary of the Interior or by the Tribe, except as otherwise provided by law.

Absentee Shawnee Economic Development Act Section 103, AST ECON DEV Act Section 103

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