Quapaw Tribe of Oklahoma

Home , Ottawa Tribe of Oklahoma, Quapaw, Seminole

P.O. Box 765 1918) 5A2-1853 Quapaw, OK 74363-0765 FAX (918) 542-A694

RESOLUTION NO. 122299 RESOLUTION TO CONTRACT THE HIGHER EDUCATION PROGRAM FROM THE BUREAU OF INDIAN AFFAIRS FOR THE PERIOD OCTOBER 1,2000 THROUGH SEPTEMBER 30, 2001

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956, and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe, and

WHEREAS, 25 CFR 900.8 (d) requires that before the Bureau ofIndian Affairs can enter into a contract with a tribal organization, it must be requested to do so by the tribe to be served under the contract. It further states that the tribe's request shall be in the form of a resolution by the tribal governing body, and

WHEREAS, the Quapaw Tribe of Oklahoma adheres to the concept oflndian Self • Determination and desires to contract the Higher Education Program for FY 2001. NOW THEREFORE BE IT RESOLVED that the Quapaw Tribal Business Committee authorizes the Chairman and/or his Designated Representative, the Tribal Administrator, to negotiate, execute and modiJY/amend the contract, as needed. The authorities granted herein shall remain in effect for the duration of the proposed contract, for the period October 1,2000 through September 30,2001.

CERTIFICAnON

The foregoing resolution of the Quapaw Tribe ofOklahoma being presented at a special meeting ofthe Quapaw Tribal Business Committee, on December 22, 1999, with a vote reflecting 7 yes, _o_no, _o_abstaining, _o_absent.

Ed Rodgers, Chairman Hmy F. [more, ec.lTreas. Business Committee Business Committee Quapaw Tribe of Oklahoma Q~apaw • Tribe of Oklahoma QUAPAW TRIBE OF OKLAHOMA

po. aox 765 (9181542-1853 Quapaw, OK 74363-0765 FAX (918) 542-4694

December 22, 1999

Bureau "f Indian Affairs SrI'''!: Jov I\fartin OkLthoma .\re:l Education Oft,ce -11-19 Highline Blvd" Suite 380 Okhhoma City, Or( 73108

Delr :\[s. :Vlartm,

This letter is to advise you of the Quapaw Tribe's intent to contract the Higher Education Program for the period October I, 2000 through September 30, 2001. Please tind enclosed Resolution :--lo. 122299A, authorizing the Quapaw Tribe to conlr.lct thIS program, Should you have queshons or need additional information, please contact Tamara R, .\lartin, TnbaJ Administrator at 918/5-12-1853, • Respectfully,

Ed Rodgers, Chairman Quapaw Tribe of Oklahoma

• QUAPAW TRIBE OF OKLAHOMA

(918) 542·] 853 FAX 19181542·4694 Resolution Number 121899A

AUTHORlZING THE LEASE OF TRUST LAND LOCATED AT SOUTH EIGHT TRIBES TRAIL FOR THE USE OF THE INTER-TRIBAL COUNCIL. INC. AND TO AlITHORIZE THE CHAIRMAN TO EXECUTE LEASE ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner oflndian Affairs On September 20, 1957: and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Conunittee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federnlly recognized Indian Tribe eligible for program funds by authority of PL 93-<;38; and

WHEREAS, the Quapaw Tribal Business Committee supports the lease of Trust land for use ofInter Tribal Council, Inc. to house the tribal programs and such other uses as may be determined included commercial operations acceptable to the lessor. Said land is located at South Eight Tribes Trail will shall consist of the following: A tract of land located in the SE1I4 of Section 29, T28N, R23E, Ottawa County Oklahoma; Commencing at the SW ICorner of the SE1/4 ofsaid Seetion: thence N 0 I° 31' 10" W a distance of216.13 ft. To a Bmss Cap, thence N 46° 56'53" E a distance of 1,384.18 ft.; thence N 18° 00' 20" Wa distance of209.08 ft.; to the POINT OF BEGINNING • of Subject Trnet; thence N 18° 00' 20" W a distance of 555 ft.; thence S 73 ° 32' 54" W a distance of 223.44 ft.; thence S 17° 39' 05" W a distance of 555 ft.; thence N 73° 31' 39" E a distance 226.87 ft. to the POINT OF BEGINNING. Containing approximately 2.74 acres more or less.

NOW THEREFORE BE IT RESOLVED, the ~ of the Quaplw Tribe of Oklahoma is hereby authorized to execute a lease with Inter-Tribal Council; Inc; for the maximum term of years allowable by federal law for the purpose of a tribal administrntive resl;!'Ve:and to promote tribal self-detennination. Fair annual rental is waived and the lease 'sWl11l11so contaiJi'3provision for a renewal for a life term of years with the same lemlS and conditions. An~"' -",,~,-, ',(, <~~::ks~~:;~,"~:' . " !'\J"

The foregoing resolution of the Quapaw Tribe of was presented and duly adopted at a SP.'Cial Meeting of the Quapaw Tribal Business C- no, _0_ abstaining, _,_ abse~l.""c . ,I, ' ..~ 0~ U -= ;:(~!j Ed Rodgers, Cha;;:;;;Q;;s ,'~, Quapaw Tribal Business Committee",

t', ) , • ,. ... ,'" " QUAPAW TRIBE OF OKLAHOMA

19181542-1853 FAX 1918) 542-4694

Resolution Number 121309B

AUTHORlZING THE LEASE OF TRUST LAND LOCATED AT SOUTH EIGHT TRlBES TRAIL FOR THE USE OF THE MIAMI TRlBE OF OKLAHOMA AND TO AUTHORIZE THE CHAIRMAN TO EXECUTE LEASE ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by Ihe Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20. 1957: and

WHEREAS, the Governing Resolution delegales authority to the Quapaw Tribal Business Committce to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofPL ?3-Q38; and

WHEREAS, the Quapaw Tribal Business Committee supports the lease ofTrustlalld 10 house the tribal office headquarters and such other uses as may be determined included commercial operations acceptable to thc lessor. Said land is located at South Eight Tribes Trail will shall consist of the following: A Iract of land located in the SEI/4 of Section 29, T28N, R23E. Ottawa County Oklahoma: Commencing at the SW ICorner of the SE 114 ofsaid Section; thence N 0 I° 31' 10" W a distance of 216. 13 ft. To a Brass Cap, thence N 89° 49' 00" E a distance of 367' 10 the POINT OF BEGINNING of subject Tract; thence N 18° 34' 21" E • a distance of445.78 ft.; thence S 690 40' 24" E a distance of 323.93 ft: thence S 18° 27' 48" Wa distance of 431.24 ft; thence S 89 0 49' 00" W a distance of 309.75 ft.: thence N 00 20' 00" E a distance 100 ft. to the POINT OF BEGINNING. Containing approximately 3.26 acres more or less.

NOW THEREFORE BE IT RESOLVED, the Chainnan of the Quapaw Tribe of Oklahoma is hereby authorized to execute a lease ",ith the Miami Tribe of Oklahoma for the maximum term of years allowable by federal law for the purpose of a tribal administrative reserve and to promote tribal self-

BE IT FURTHER RESOLVED that the Quapaw Tn,1ie of Oklahoma requests that the Secretary of the Interior or his representative approve said lease. .' -.'; •

~" i ~ CERTIFICATION, $ The foregoing resolution ofthe Quapaw Tribe of{) J~'as presented and duly adopted at a SPcCcial Meeting of the Quapaw Tribal Business Cornmittee on' ebnmry:12,2000, 'th a vote reflecting ~ yes, ~ no, _~ abstaining, __1_ absent. ".' (: 'J' .

--~~~.".-==---- ," Ed Rodgcrs, Chairiuah Quapaw Tribal Business Committee ':':, , . .'"\.' • I '. '." . ! 1 QUAPAW TRIBE OF OKLAHOMA

*OX765 [918)542-1853 Quapaw, OK 74363-0765 FAX i9i 8) 542-4694 Resolution Number 121899C

AUTHORIZING THE LEASE OF TRUST LAND LOCATED AT SOUTH EIGHT TRIBES TRAIL FOR TIlE USE OF THE PEORlA TRIBE OF OKLAHOMA AI'm TO AUTHORlZE THE CHAIRMAN TO EXEClITE LEASE ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe ofOkiahoIrul is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956. and approved by the Commissioner of Indian Affairs on September 20. 1957; and

WHEREAS, the ('''lVerning Resolution delegates authority to the Quapaw Tribal Business Committee to speak :U1d act on behalf of the Quapaw Tribe: and

WHEREAS, the Quapaw Tribe of OkiahoIrul is a federally recognized Indian Tribe eligible for program funds by authority of P.L. 93'{)38; and

WHEREAS, the Quapaw Tribal Business Committee supports the lease of Trnst land to house the tribal office headquarters and such other uses as may be detennined included conunercial operations acceptable to Ihe lessor. Said land is located at South Eight Tribes Trail will shall consist ofthe following: A tract of land located in the SElI4 of Seetion 29. T28N, R23E. Ottawa County Oklahoma; Commencing at the SW ICorner of the SE 1/4 ofsaid Section; thence N 0 I° 31' 10" W a distmlce of216_13 ft. To a Brass Cap, thence N 89° 49' 00" E a distance of 367'; thence N 18° 34' 21" E a distance of 445.78 ft.; to the POTh'T OF BEGINNING of Subject Tract; thence N 18° 34' 21" E a distance of 282.39 ft; thence • S 69° 40' 24" E a distance of349.81 ft; thence S 18° 5' 49" W a distmlce of 282.47 ft.; thence N 69° 40' 24" W a distance 323.93 ft. to the POINT OF BEGINNING. Containing approximately 2.18 acres more or less.

NOW THEREFORE BE IT RESOLVED, the Chairman of the Quapaw Tribe of Oklahoma is hereby authorized to execute a lease with the Peoria Tribe of Oklahoma for the maximum tenn of years allowable by federal law for the purpose of a tribal administrative reserve and to promote tribal self-determination. Fair annual rental is waived and the lease shall also contain a provision for a renewal for a life term of years with the same terms and conditions. And;

BE IT FURTHER RESOLVED that the Quapaw Tribe of Oklahoma requests that the Secretary of the Interior or his representative approve said lease.

CERTIFI<;ATION II •. ,.' , ." ) lj ·'0 'n,e foregoing resolution ofthe Quapaw Tribe of(Jf~lW&!»a was presented and duly adopted at a Special Meeting ofthe Quapaw Trihal Business Corniriilte7 Qi) l'~ruaiy 12, 2000, with a vote reflecting ~ yes, ~'

, ,

• '; QUAPAW TRI8E OF OKLAHOMA

(918J 542·1853 FAX (918) 542·4694 Resolution Number J218990

AUTHORLZING THE CONSTRUCTION OF A SERVICE ROAD TO BE BUlLT BY THE BUREAU OF INDIAN AFFAIR'S DIVISION OF ROADS

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Goveming Reo;olution that was duly adopled by the Quapaw Indian Council on Augusl 19, 1956, and approved by the Commissioner of Indian Affairs on Seplember 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Comnuttee 10 speak and acl on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authonly ofP.L. 93-638; and

WHEREAS, the Tribe authorizes, as part of the Tribes Roads Priority Program, the construction ofa service road to be built by the Bureau ofIndian Affair's Roads Division on Trust land located on the 40.5 acres owned jointly by the Eight Tribes ofNorth East Oklahoma, most commonly referred to as the "ITC Land". (see attached for complete • description ofland) The road shall be for the use and benefit of the Northeast Eight Tribes, the Indian People and the general public served by the offices and programs located on said property; and

WHEREAS, the Quapaw Tribal Business Committee supports the construction ofa service road whieh will enter the property from the west (behind what is now known as the Inter-Tribal Council Building), connecting the county road commonly referred to as the Industrial By-Pass Road and the Eight Tribes Trail Road located on the east side of thc 40.5 acres; and

NOW THEREFORE BE IT RESOLVED, that the Business Committee approves the construction ofthe service road to be bui It by the Bureau ofIndian Affairs Roads Division. CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted al a Special Meeting of the Quapaw Tribal BlI5iness Committee

(918) 542-1853 ,.~ (913) 542-4694 Qvwpaw I OK 7 J36:~-0765

RESOUJTION NO. 1:!1899-G

A RESOLUTION TO SUPPORT THE SIGNING OF THE PARTNERSHIP AGREEMENT FOR THE TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION INTER-GOVERJ~NTPARTNERSHIP

WHERAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Business Committee of the Quapaw Tribe is committed to the protection of the environment and conservation of natural resources within Tribal Lands by Treaty with the United States of America,

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports the signing of the Partnership Agreement for the Tri-State Mining District Natural Resource Restoration Inter-Governmental Partnership to provide a framework for communication, • information sharing, coordination and cooperation among the Panners and Trustee Council(s) subsequently formed to develop a consistent approach for the assessment of damages and equitable restoration throughout the Tri-State Mining District.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on December 18, 1999, with a vote reflecting 5 yes, 0 no, , abstaining, and L absent.

~S6-,JA4 Ed Rodgers, Chai Quapaw Tribal Business Committee • , ,

PARTNERSHIP AGREEMENT for the TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION • INTER-GOVERNMENTAL PARTNERSHIP I. INTRODUCTION

This Agreement is by and between: the State of Kansas; the State of Missouri; the State of Oklahoma; the Eastern Shawnee Tribe of Oklahoma; the Miami Tribe of Oklahoma; the Modoc Tribe of Oklahoma; the Ottawa Tribe of Oklahoma; the Peoria Tribe of Indians of Oklahoma; the Quapaw Tribe of Oklahoma; the Seneca-Cayuga Tribe of Oklahoma. the Wyandotte Tribe of Oklahoma; and the U.S. Department of Interior (hereinafter referred to as the Department and including the U.S. Fish and Wildlife Service and Bureau of Indian Affairs) (collectively ;eferred to herein as Partners). The Partners enter into this Agreement to assist and ensure the communication, coordination and cooperatIon of the Partners, in their individual and collective activities as Natural Resource Trustees, as they pursue the restoration of and compensation for natural resources injured in Cherokee County, Kansas, Jasper County, Missouri, Ottawa County, Oklahoma and the jurisdictional areas of the Partner Tribes from the releases of hazardous substances within the Tn·State Mining District. Individuai area Is) within the Tri·State Mining District are sometimes referred to herein as the Site(sl.

II. AUTHORITIES

Pursuant to 33 U.S.C. §2702 and 2706, section 311 (f) of the Clean Water Act ICWAI, 33 U.S.C. §1321(fl. and §107(al(4)(CI and 107(f) of the Comprehensive Environmental • Response, Compen~ation, and Liability Act (CERCLAI. including sections 101, 104, 107, and 120, 42 U.S.c. §9607(al(4)(CI and 9607(1); the National Oil and Hazardous Substances Pollution Contingency Plan [NCP], 40 CFR Part 300; the Natural Resource Damage Assessment Regulations, 43 CFR Part 11 and 15 CFR Part 990; and Executive Order 12580 as amended; Surface Water Quality Standards K.A.R. 28-16-28 (b) through (fl. authorized by K,S.A. 65-171 d, implementing the K.S.A. 65-165 and K.S.A. 65-171 d; Section 644.096 RSMo and Section 640.220, et, seq., RSMo, 27A Ok. Stat; Supp.1998, Sections 1-1-202 & 1-2-101, & 1-3-101: and applicable Tribal authorities, Trustees for natural resources may recover damages for injury to, destruction of, or loss of natural resources resulting from the release of a hazardous substance or the discharge of oil. Such damage awards must be used to restore. replace, rehabilitate, or acquire the equivalent of the injured natural resources,

III. DEFINITIONS

Unless otherwise identified, terms used in this Agreement are as defined in the authorities listed in Section 11 above.

Cultural Functions and Services mean any Native American traditions. cultural, spiritual and/or subsistence practices that utilize, consume, rely on, relate to the existence of, are associated with, or services of natura) resources. • Page lof 20 Tri~Stata Partnership; 8/30/99 Iri-State Minlno District refers to the Cherokee County Su~erfund Site, Cherokee County, Kansas; Oronogo-Duenweg Mining Belt Superfund Site, Jasper County, Missouri; and Tar Creek Superfund Site, Ottawa County, Oklahoma and to any location where discharges or releases or hazardous substances resulting from mining, smelting, milling, trans~orting, and • other activities related to the location, extraction and production processing of metals and other minerals at the aforementicned Superfund Sties, have come to be located,

IV. PURPOSE

The ~urpose of this Agreement is to estQbiish a Partnershio responsible for enhancing communication, informaticn sharing, coordination and cooperation among Partners and any Trustee Councll(sl that may be subsequently formed. This Agreement does not establish or iorm a Irustee Council. The gcal of the Partnership is to provide a iramework for ccmmunication, coordination and cooperation, among the P3rtners and Trustee Caunds suosequently iormed to develop a consistent aporoach for the assessment of damages and equitable restoration tl1rolCghout the Tri-State Mining District, Communication, coordination, and consistency will limit unnecessary duplication of effort and enhance the efficient use of financial resources.

Ihis Agreement reilec:s the over,,11 interest and responsibility of each Partner to identify natural resource injury, and to share information, ideas and expertise necessary to pursue restoration, replacement, rehabilitQtion, or acquisition of equivalent natural resources injured by mining activities, This Agreement is also intended to integrate restoration into response actions to the extent possible. However, this Agreement recognizes that each Partner is autonomous and has separate authorities and responsibilities and that the ability ot each Partner to provide funding or other resources is dependent upon availability, The • Parties to this Agreement recognizes that some of the Partners that are parties to this agreement hold dual roles with regard to respcnsibilities to the impacted public.

The Partnership wiil be a collaborative working group that supports Trustee Councils, that may be subsequently formed, concerning Trustee activities carried out within the Tri-State Mining District, as provided by the applicable laws and regulations listed in Section II, Accordingly, the general objectives of the Partnership are as follows:

1, To aid in the determination of whether natural resources have been injured as a result of releases of hazardous substances in the Tri-State Mining District and, if so, the extent of those injuries as well as the extent of service losses associated with any injury,

2. To aid in the restoraticn of natural resources and or evaluation of services lost, or destroyed as a result of releases of hazardous substances in the Tri-State Mining District,

3, To encourage cooperative and cost effective solutions to response actions and restoration issues involving Partners with adjacent or overlapping responsibilities. In addition, the Partnership shall encourage the integration of, to the extent practicable, natural resource restoration into response actions taken in the District and to minimize adverse impacts to natural resources, • Page 2 of 20 Tri·St.e.to Pr:utn~fs"ip; 8/30/99 ..

4. To assist the Trustee Councils, subsequently formed, in public cutreach during • appropriate phases of the process. V. ORGANIZATION

There is hereby created a ~ar:nership to implement this Agreement. Eacn Partner will designate an officiol Representative and an alternate to serve on the Partnership. Ihe Partnership may create subccmmittees or work grcups as necessary to effect the purposes of this Agreement. The Partnership and any individuai Partners may also seek participation from the United States Department of Justice. the State At:crneys General or other legal advisors, and ether State or Tribal natural resource agencies when appropr;ote.

Individual Trustee Councils, comprised of trustees for affected resources, at :he Cherokee County Superfund Site. Cherokee County, Kansas; Oronogo-Duenweg Mining 8elt Superfund Site, Jasper County, Missouri; and Tar Creek Superfund Site, Ottawa County, Oklahoma may be developed. The Trustees at all three sites recognize the importance of coordinating :heir efforts ~o effectively and efficiently meet their respective natural resource trustee responsibilities under applicable Federal and State laws. This ~artnership is intended to serve as a vehicle for ~he efficient and economical use of technical and financial resources available to the individual Partners

The Partners shall appoint a member to serve as the Coordinator for the Partnership. The position of Partnershir; Coordinator does not grant or carry any additional rights or orivileges within the Partnership grour;. The duties of the Coordinator shall indude, but are not limited to acting as a central point of contact for the Partnership; establishment and • maintaining records documents relevant to Partnership coordination activities; and such other duties as directed by the Partnership. The Coordinator will be responsible for informing the Partners of all pertinent developments on a timely basis. The Coordinater shall fully cooperate with and act under the direction of :he Partnership.

Any Partner may call a meeting upon 30 calendar days written notice to the other Partners, or other reasonable notice as is ar;propriate under the circumstances. The coordinator will make every effort to keep members who are not participating informed and updated on the events of the meeting. Members not participating in a meeting at which a decision on a specific issue ;s made and at which two thirds of the Partnership is present must present new information to reopen an issue.

For any notice required to be given to any Partner on any matter under :he terms and conditions of this Agreement. each Partner designates the individual(s) set forth in Appendix A to receive any and all information. Receipt of information to the individual set forth in Appendix A constitutes valid receipt by that Partner represented by tt'.at individual of the information so provided.

VI. ACTIVITIES

In conducting natural resource damage assessment and restoration activities. the Partners may utilize information from existing sources suoh as State and Tribal environmental • Page 3 of 20 T,j·State Partnllr3hip; 8/30/99 programs, DOl's environmental programs, and the Environmental Protection Agency. Partnership Actions to be conducted to achieve the general objectives listed in Section IV (PURPOSE) may include:

• 1. Cooperating with the performance of ao:ions functionally equivalent :0 a P:-eassessmetlt Screen consistent with ~3 Cr=; 11.23 - 11.25 cf releases at or f~cm mining activities within the Dis:rict;

2. Cooperating in the identification of naturai resources and their services over which Partners have trust responsibilities and identifying potential injuries to these rescurces, and service losses resulting from the ;njuries;

3. C:Joperating and c:Jordinating in response action planning with the appropriate response agency at sites posing risks to natural resources or where nat~raJ rescurCES are injured;

4. Making rec:Jmmendations to any Trustee CouncilIs) t~at may be subsequent:y formed for the purposes of assessment and restoration activities;

5. Sharing relevant data and information among all Par:ners;

6. Providing comment, opinion, and assistance if requested and allowed by taw and available resources. to activities related to obtaining compensation for and subsequent restoration of natural resources.

7. Cooperating during activities seeking compensation from responsible parties for the • damages assessed by the Trustees and for the costs of planning and implementing the assessment and restoration;

8. Consulting with regional resource management plans during development of restoration alternatives.

9. Encourage the Environmental Protection Agency to join as a Partner to the Agreement to facilitate integration of Partnership concerns into response actions.

VII. INTERRELATIONSHIP WITH CULTURAL RESOURCE PRESERVATION AND NATURAL RESOURCE MANAGEMENT

The Partnership recognizes the importance of preserving and protecting cultural resources for Native American peoples in the Tri-State Mining District. These uses will be provided by the Partnership to the Trustee Councils that may be subsequently formed to aid in the assessment process and identification of appropriate restoration.

prehistcric and histonc sites and land use patterns relative to past and present climates, soiis, water, plants, animals, and human interaction with cultural resources in the environment.

• VIII. FUNDS

The Partnership may make reccmmendations concerning the use of natural resource damages or other funds for projects jenefitting injured natural resources at the sites, received by the Partners for the purposes of restoration of natural resources at the sites injured as a result of the release of hazardous substances from the Tri-State Mining Distriot and the reduced or lost services provided by such resources.

The Partners recognize that the ability of a Parmer to participate may be limited by the avaiiabiliTY of appropriations or other appropriate funding sources. Nothing in this Agreement shall be construed as obligating the Panners to expend any funds comrary to law or in excess of appropriaticns authorized by law.

IX. CONFiDENTIALITY

The Partners have entered into a separate confidentiality agreement titled "CONFIDENTIALITY AGr1EE'vlENT fer the TRI-STATE MINING DISTRICT NATURAL RESCURCE RESTORATION INTER-GOVERNMENTAL PARTNERSHIP." Said agreement is attac'led hereto as Appendix 8 and incorporated by reference herein.

X. RESERVATION OF RIGHTS

The Partners recognize and respect the individual autonomy of each Parmer. Except as • expressly stated herein, the Partners understand that this document does not create or waive any legal rights or obligations between the Partners, or any other persons not a Party to this Agreement. This agreement will not usurp, veto, or otherwise alter the decision of individual Partner(s) or action taken with respect to the jurisdiction of that individual Partner, and are not binding on any decision made or action taken by the individual Partner(sl operating within their respective authority and jurisdiction.

It is also understood that the Partnership formed by this agreement is not intended to operate as a legally recognized or registered business entity under State, Federal, or Tribal law. The Partnership may not incur debt, hold title, or enter into any other legal obligation, nor should it be represented by any Partner as being able to do so.

Each Partner to this Agreement has and reserves all rights, powers and remedies now or hereafter existing at law or in equity, or by statute or otherwise, and nothing in this Agreement waives or forecloses the exercise of any such rights, powers or remedies. However, each Partner to this Agreement agrees to provide thirty (30) calendar days prior written notice to all other Partners of its intent to participate in negotiations with any Potentially Responsible Party (PRP) or other entity regarding settlement or other disposition of natural resource damage claims at the Sites.

Pursuant to Section 22. Title 41, U.S.c., no member of Congress shall be admitted to any • Page 5 of 20 Tri-$tate Partnership; 8/30/99 snare or part of this instrument, or any benefits that may arise therefrom.

XI. MODIFICATION OF AGREMENT

• Modifications of this Agreement must be in writing and must be approved by ail Fartners party to the Agreement.

XII. EfFECTIVE DATE

This Agreement shall be effective upon execution by at least seven (7) Partners or Designated representatives. The date of execution shall be the date of the seventh Partner's signature

XIII. TE;:;MINATION AND WITHDRAWAL

This Agreement shall be in ef:ect from the date of execution unt;1 three years after the effective date unless otherwise agreed to by the Partners. Any Partner may withdraw from the Partnership created and established by this Agreement upon thirty (301 calendar days wrinen notice to all Partners. Any withdrawing member shall continue to be subject to all obligations of confidentiality as set forth in Section IX. There is no partial Withdrawal allowed under this Agreement.

XIV. THIRD PARTY CHALLENGES OR APPEALS

The rights and responsibilities contained in this Agreement are subject to the availability of funding and are intended to be guidance for the respective Partners. Such rights and • responsibilities may not be the basis of any third Party challenges or appeals. XV, SURVIVAL

If any provision of this Agreement is deemed invalid or unenforceable, the balance of the Agreement shall remain in full force and effect.

XVI. COUNTERPARTS

This Agreement may be executed in counterparts. A copy with all original executed signature pages affixed shall constitute the original Agreement.

• Page 6 of 20 Tri-StBte Partnership; 8/30/99 . ,

Partnership Agreement Tri-State Mining District • Natural Resource Restoration Inter-Governmental Partnership

Honorable Ed Rodgers Date Quapaw Tribe at Oklahoma

•

• Page 13 of 20 Tri·State Partnership; 8/30/99 QUAPAW TRIBE OF OKLAHOMA

p x 765 (9181 542·1853 Quapaw, OK 74363·0765 FAX 19181542·4694

Resolution Number 12181999!:!

AUTHORIZING THE LEASE OF TRUST LAND FOR THE USE OF THE OTTAWAJPEOIUA CULTURAL CENTER TO THE PEOIUA AND OTTAWA TRIBES OF OKLAHOMA AND AUTHORIZE THE CHAIRMAN TO EXECUTE LEASE ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolntion that was duJy adopted by the Quapaw Indian Council on Augnst 19, 1956, and approved by the Commissioner oflndian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalfofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe ofOklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofP.L. 93-<:i38; and • WHEREAS, the Quapaw Tribal Business Committee supports the lease ofTrust land for a building to be used as a warehouse and such other uses as may be detennined including conunercial operations acceptable to the lessor. Said land is located at South Eight Tribes Trail which shall consist ofthe following: A tract ofland located in the SEI/4 of Section 29, T28N, R23E, Ottawa County, Oklahoma; Commencing at the SW/Comer ofthe SEJl4 of said Section; thence NOlo 31' 10" W a distance of216.13 ft. to a Brass Cap; thence NOlo 31' 10" W a distance of 167.78 ft. to a point of curve, having a radius of4247.53 ft.; thence along said curve in northeasterly direction, 456.26 ft.; to the Point Of • Beginning ifSubject Tract; thence N 26' 31' 53" E a distance of 245.13 ft.; thence N 69' 40' 24" E a distance 0049.48 ft.; thence S 18 0 34' 21" E a distance of 282.49 ft.; thence N 63' 56' 00" Wa distance of 386.56 ft. to the point ofbeginning. Cnntaining approximately 2.23 acres more or less.

NOW THEREFORE BE IT RESOLVE, the Chairman ofthe Quapaw Tribe of Oklahoma is hereby authorized to execute a lease with theMiami Tnoe ofOklahomafor the maximum term ofyears allowable by federal law for the purpose of a tribal administrative reserve and to promote tribal self-{jetennination. Fair annual rental is waived and the lease shall also contain a provision for a renewal for a life tenn ofyears with the same terms and conditions. And;

BE IT FURmER RESOLVED the Quapaw Tribe of Oklahoma requests that the Secretary of the Interior or his representative approve said lease.

CER1'D]CAnON • QUAPAW• TRIBE OF OKLAHOMA •

-.' o. Jo;... I~ 0":::' (9i8) 542-1853 7~J6J'0765 Quapaw, CK FAX 1918} 542-4694 Resolution Number 1l2099A

ALJrHORIZING THE LEASE OF TRUST LAND LOCATED AT SOUTH EIGHT TRIBES TRAIL FOR THE USE OF THE MIMll TRIBE OF OKLAHOMA AND TO AUTHORIZE THE CHAlAA-lAN TO NEGOTIATE LEASE ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS. the Quapaw Tribe of Oklahoma is governed by a Governmg Resolution tJlat was duly adopted by the Quapaw Indian Council on August 19_ 1956_ and approved by the Commissioner of Indian A1Tairs on September 20. 1957, and

WHEREAS, the Govenmng Resolution delegates authority to the Quapaw Tribal Business Comminee to speak and act on behalf of the Quapaw Tnbe' and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recol,'llized Indian Tribe eligible for program fnnds by authonty of P.L. 93-<'>38; and

WHEREAS, the Quapaw Tribal Business Committee suppons the lease of Trost land to house the tribal office h~dquarters and such cOler uses as may be detennined included commercial operations acccplabic 10 the lessor. Said land is located at South Eight Tribes Trail will shall consist of the following: A tract of land located in the SE 1/4 of Section 29. T28N, R23E. Ollawa Connty Oklahoma: Commencing at the SW ICorner of the SE 1/4 ofsaid Section' thence N a 10 3 I' 10" W a diSlance of2 1613 ft. To a Brass Cap. thence N 89' 49' 00" E a diSlanee of 367' to the POINT OF BEGINNING of subject Tract; thence N 18° 34' 21" E • a distance of 445.78 ft., thence S 69' 40' 24" E a distance of 323 .93 ftc thcnee S t8' 27' 48" W a diS13nce of 431.24 ftc thence S 89' 49' 00" W a distance 01'309.75 ft., thence N 0' 20' 00" E a distance I()() ft. Lo the POINT OF BEGINNING. Containing approximately 3.26 acres more or less.

NOW THEREFORE BE IT RESOLVED, the Chamnan of the Quapaw Tribe of Oklahoma is hereby authorized to negotiate and execute a lease with the Miami Tribe of Oklahoma for the maximum teno of years allowable by federal law for the purpose of a tribal administrative reserve and to promote tribal self determination. FaIT annual rental is waived and the lease shall also contain a provision for a renewal for a life teno of years with the same tenos and conditions. And:

BE IT FURTHER RESOLVED that the Quapaw Tribe of Oklahoma requests that Ule Secretary of the Interior or his representative approve said leasc.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted at the regular scheduled meeting of UlC Quapaw Tribal Business Committee on November 20.1999, with a vote reflecting __ yes. __no, __ abstaining, absent.

Ed Rodgers, Cluurman Harry F_ Gilmore, Sec_ITrcas. • Quapaw Tribal Business Committee Quapaw Tribal Business Committee QUAPAW• TRIBE OF OKLAHOMA •

I) 0 3-0..< }o.) (9181 542· i 853 Guc:paw, OK 7AJc:J-07 65 Resolution Number 112099B FAX (918) 542-4694

AUTHORIZING nu: LEASE OF TRUST LAND LOCATED AT SOUTH EIGHT TRfBES TRAIL FOR THE USE OF THE PEORIA TRJBE OF OKLAHOMA AND TO AUTHORIZE nu: CHAIRMAN TO I'EGOTIATE LEASE ON BEHALF OF nu: QUAFAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tnbe of Oklahoma is governed by a Governing Resolution thai was duly adopted bv the Quapaw Indian Council on August 19, L956, and approved by the Comnussioner of Indian AITairs on September 20, L957: aud

WHEREAS, the Governing Resolutiou delegates authority to the Quapaw Tribal Business Conunittce to speak and act on behalf of the Qnllpaw Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority of PL. 93-638: and

WHEREAS, the Quapaw Tribal Business Committee supports the leasc of Trust land to house the tribal office headquarters ;md such other lISes as may be detennined included commercial operations acceptable LO the lessor. Said land is located at South Eight Tribes Trail will shall eonsist of the following: A tract of Land located in the SE 1/4 of Section 29, T28N, R23E, Ottawa Coun~ Oklahoma: COImnencing at the SW ICorner of the SEI/4 ofsa.d Section: thence NOlO 31' 10" W a dislllnce of216.13 11. To a Brass Cap, 'thence N 89° 49' 00" E a distance of 367'; thence N 18' 34' 21" E a distance of 445.78 I\.: to the POINT OF BEGINNING of Subject Tract: thence N 18° 34' 2 I" E a distance of 28239 11: thence • S 69° 40' 24" E a dis1llnce of349.81 ft: thence S 18° 5' 49" W a distanee of282.47 ft.: thence N 69° 40' 24" Wa distance 323.93 ft. to the POINT OF BEGINNING. Containing approximately 2. 18 aeres more or less.

NOW THEREFORE BE IT RESOLVED, the Chainnao of the Quapaw Tribe of Oklahoma is hereby authorized to negotiate aod execute a lease with the Peoria Tribe of Oklahoma for the maximun. term of years allowable by federal law for the purpose of a tribal adininistrative reselVe and to promote tribal self determination. Fair annual rental is waived and the lease shall also contain a provision for a renewal for a life term of years with the same teons and conditions. And;

BE IT FURTHER RESOLVED that the Quapaw Tribe of Oklahoma requests that tlie Secretary of the Interior or Ius representative approve said Lcase.

CERTIFICAnON

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted at the regular scheduled meeting of the Quapaw Tribal Business Conuninee on November 20, 1999, with a vote reflecting ___ yes, __ no, __ abstaining, __ absent.

Ed Rodgers, Chainuan Harry F. Gilmore, Sec.rrreas. • Quapaw Tribal Business COlmnittee Quapaw Tribal Business Committee QUAPAW• TRIBE OF OKLAHOMA •

P.O. :kx 765 (918) 542·1853 Quapaw. OK 7.1363·0765 Resolution Number 112099C FAX (918) 542·4694

AUTHORIZING mE LEASE OF TRUST LAND LOCATED AT SOlim EIGHT TRlBES TRAIL FOR THE USE OF THE INTER-TRIBAL COUNCIL. INC. AND TO AUTHORlZE THE CHAIRMAN TO NEGOTIATE LEASE ON BEHALF OF THE QUAPAW TRlBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19. 1956, and approved by the Commissioner of Indian Affairs on Scptcmber 20. 1957: and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committcc to speak and act on behalf of the Quapaw Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority of P.L. 93-638: and

WHEREAS, the Quapaw Tribal Business Committee supports the lease of Trus! land for USc oflnler Tribal Council. Inc. to house the tribal programs and sueh other uses as may be detemained included commercial operations acceptable to the lessor. Said land is located at South Eight Tribes Trail "ill shall consist of the following: A tract ofland located in the SEII+ of Section 29, T28N, R23E. Ottawa County Oklahoma; Commencing at the SW ICorner of the SE 1I~ of said Section: thence N 0 1° 31' 10" Wa distance of 216.13 11. To a Brass Cap, thence N +6° 56'53" E a distance of 1,38~.18 fl.; thence N 18° 00' 20" W a distance of 209.08 ft.; to the POINT OF BEGINNING • of Subjcct Tract: thence N 18° 00' 20" W a distance of 555 ft.: thence S 73° 32' 5+" Wa distance of 223.4411.; thence S 17° 39' 05" W a distance of 555 fl.; thence N 73° 31' 39" E a distance 226.87 fl. to the· POINT OF BEGINOJING. Containing ,1pproximatcly 2.74 acres more or less.

NOW THEREFORE BE rT RESOLYED, the Chaimaan of the Quapaw Tribe of Oklahoma is hereby authorized to negotiate and exccute a lease with Inter-Tribal Council, Inc. for the maximum tema ofycan; allowable by federal law for the purpose of a tribal administrative reserVe and to promote tribal self determination. Fair annual rental is waived and the lease shall also contain a provision for a renewal for a life tenu ofyears with the same temas and conditions, And:

BE IT FURTHER RESOLYED that the Quapaw Tribe of Oklahoma requests that the Secretary of the Interior or his representative approve said lease.

CERTIFICAnON

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted at Ihe regular scheduled meeting of the Quapaw Tribal Business Committee on November 20, I999, wilh a vole reflecting __yes, _._ no, __. abstaining, __ absent

Ed Rodgers, Chaimaan Harry F. Gilmore, Sec.JTreas. • Quapaw Tribal Business Committee Quapaw Tribal Business Committee QUAPAW• TRIBE OF OKLAHOMA •

PO. 30x ;65 (9i 81542·1853 Quapaw, OK 7.1363·0765 Resolution Number 1120990 fAX (9i 81542·4694

AUTHORIZII\G THE CONSTRCCTION OF A SERVICE TO BE BUILT BY THE BUREAU OF INDIAl'l AFFAIR'S DIVISION OF ROADS

WHEREAS, the Qnapaw Tribe of Oklahoma is governed by a Governing Resolution that was dulv adopted by the Quapaw Indian Council on August 19. 1956, and approved by the Commissioner oflndian AlLlirs on September 20, 1957: and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Conumttcc 10 speak and act on behalf of the Quapaw Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority of P.L 93-638; and

WHEREAS, the Tribe authorizes, as part of the Tribes Roads Priority Program, the construction of a service road to be built by the Bureau of Indian Affair's Roads Division on Trust land located'on the 40.5 acres owned jointly by the Eight Tribes of North East Oklahoma, most commonly referred to as the "ITC Land". (see attached for complete • description ofland) The road shall be for the use and benefit of the Northeast Eight Tribes, the Indian People and the general public served by the offices and programs located on said property; and

WHEREAS, the Quapaw Tribal Business Committee supports the construction ofa service road which will enter the property from the west (behind what is now known as the Inter-Tribal Council Building), connecting the county road commonly reterred to as the Industrial By-Pass Road and the Eight Tribes Trail Road located on the east side of the 40.5 acres; and

NOW THEREFORE BE IT RESOLVED, that the Business Committee approves the construction of the service road to be built by the Bureau of Indian Affairs Roads Division. CERTIFICAnON

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted at the regular scheduled mccting of the Quapaw Tnbal Business Committcc on November 20, 1999, with a vote reflecting __ yes, _~no. __abstaining, _._ absent.

Ed Rodgers, Chairman Harry F. Gilmore, Sec.lTreas. • Quapaw Tribal Business Committee Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

19181542-1853 FAX 19181542-4694

RESOLUTION NO. 112099 [;

A RESOLUTION TO SUPPORT THE CONTINUATION AND EXPANSION OF THE TRIBAL EFFORTS AGAINST LEAD (TEAL) PROJECT

WHERAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19, 1956. and approved by the Commissioner of Indian Affairs on September 20,1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Business Committee of the Quapaw Tribe is committed to the protection of the health of Tribal people; and

WHEREAS, the Quapaw Tribe has been an active participant in the TEAL Project by serving as a member of the TEAL Project Community Advisory Board; and • WHEREAS, the Quapaw Tribe supports the efforts of the TEAL Project in addressing lead poisoning prevention;

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports the continuation and expansion of the TEAL Project and looks forward to our continued participation with the Project by serving as a member of the TEAL Project Community Advisory Board.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on~t»"tS!OjJ4m19, with a vote reflecting 4 yes, 0 no, 2 abstaining, and 1 absent. NOTE: Meeting was held on December 4, 1999.

arry F. - more, Secretary-Treasurer • Quapaw Tribal Business Committee PO Box 765 [918J 542·1853 Quapaw, OK 74363·0765 FAX (9181 542·4694

Resalulion Number 112099!':.

AUTHORIZING THE LEASE OF TRUST LA."lD FOR THE USE OF THE OTTAWA/PEORJA CULTURAL CENTER TO THE PEORIA AND OTTAWA TRIBES OF OKLAHOMA AND AUTHORIZE THE CHAIRMAN TO NEGOT!ATE LEASE ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adapted by the Quapaw Indian Council an August 19. 1956. and approved bv the Commissioner of Indian Affairs an September 20. 1957: and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act an behalf of the Quapaw Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds bv authority of P.L. 93-{j38; and

WHEREAS. the Quapaw Tribal Business Committee suppans the lease of Trust land for a building to be used as a warehouse and such ather uses as may be determined including commercial operdtions acceptable 10 the lessor. Said land is located at South Eight Tribes Trail which shall consist of the fallowing: A tract ofland located in the SE 1/4 of Section 29, T28N, R23E. Ottawa County, Oklahoma; Commencing at the SW/Corner of the SE 1/4 ofsaid Section; thence NOlo 31' 10" W a distance of216.13 ft. to a Brass Cap; thence NOlo 3]' 10" W a distance of 167.78 ft. to a paint of curve, having a radius of 4247.53 ft.; • thence along said curve in nonheasterly direction, 456.26 ft.; to the Point Of Beginning of Subject Tract; thence N 26° 3 I' 53" E a distance of 245.13 ft.: Utence N 69° 40" 24" E a distance of 349.48 ft.; thence S 18° 34' 21" E a distance of 282.49 ft.; thence N 63° 56' 00" W a distance of 386.56 ft. to the paint ofbeginning. Containing approximately 2.23 acres mare or less.

NOW THEREFORE BE IT RESOLYE, theChairman ofthe Quapaw Tribe of Oklahoma is hereby authorized to negotiate and execute a lease with the Miami Tribe of Oklahoma for the maximum term of -,cars allowable by federdllaw for the purpose ofa tribal'administrative reserve and to promote tribal self determination. Fair annual rental is waived and the lease ,ball also contain a provision for a renewal for a life term of years with the same terms and conditions. And;

BE IT FURTHER RESOLVED that the Quapaw Tribe of Oklahoma requests that the Secretary ofthe Interior or his representative approve said lease.

CERTIFICAnON

The foregoing resolution ofthe Quapaw Tribe ofOkl3hoIha was presented and duly adapted at the regular scheduled meeting of the Quapaw Tribal Business Comffiittee On November 20,1999, with a vote reflecting .. yes, __no, __abstaining, __absent.

Ed Rodgers, Chairman Harry F. Gilmore, Sec./Treas. • Quapaw Tribal Business Committee Quapaw Tribal Business Committee QUA~VI TRIBE OF OK~HOMA

19181542·1853 FAX (918)542 4694

RESOLUTION NO. I12099~

A RESOLUTION TO SliPPORT THE SIGNING OF THE PARTNERSHIP AGREEMENT FOR THE TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTOIL\TION INTER-GOVERNMENT PARTNERSHIP

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports the signing of the Partnership Agreement for the Tri-State Mining District Natural Resource • Restoration Inter-Governmental Partnership to provide a framework for communication, information sharing, coordination and cooperation among the Partners and Trustee Council(s) subsequently formed to develop a consistent approach for the assessment of damages and equitable restoration throughout the Tri-State Mining District.

CERTIFlCATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on November 20,1999, with a vote reflecting ___ yes, no, abstaining, and absent.

Ed Rodgers, Chairman Harry F. Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee Quapaw Tribal Business Committee • • PARTNERSHIP AGREEMENT• for the TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION • INTER-GOVERNMENTAL PARTNERSHIP

I. INTRODUCTION

This Agreement is by and between: the State of Kansas; the State of Missouri; the State of Oklahoma; the Eastern Shawnee Tribe of Oklahoma; the Miami Tribe of Oklahoma; the Madoc Tribe of Oklahoma; the Ottawa Tribe of Oklahoma; the Peoria Tribe of Indians of Oklahoma; the Quapaw Tribe of Oklahoma; the Seneca-Cayuga Tribe of Oklahoma, the Wyandotte Tribe of Oklahoma; and the U.S. Department of Interior (hereinafter referred to as the Department and including the U.S. Fish and Wildlife Service and Bureau of Indian Affairs) (collectively referred to herein as Partners). The Partners enter into this Agreement to assist and ensure the communication, coordination and cooperation of the Partners, in their individual and collective activities as Natural Resource Trustees, as they pursue the restoration of and compensation for natural resources injured in Cherokee County, Kansas, Jasper County, Missouri, Ottawa County, Oklahoma and the jurisdictional areas of the Partner Tribes from the releases of hazardous substances within the Tri-State Mining District. Individual meals) within the Tri-State Mining District are sometimes referred to herein as the Site(s).

II. AUTHORITIES

Pursuant to 33 U.S.C. §2702 and 2706, section 311 (f) of the Clean Water Act (CWA), 33 • U.S.C. §1321 (f), and §107(a)(4)(C) and 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), including sections 101, 104, 107, and 120, 42 U.S.C. §9607(a)(4)(C) and 9607(f); the National Oil and Hazardous Substances Pollution Contingency Plan [NCPL 40 CFR Part 300; the Natural Resource Damage Assessment Regulations, 43 CFR Part 11 and 15 CFR Part 990; and Executive Order 12580 as amended; Surface Water Quality Standards K.A.R. 28-16-28 (bl through (fl, authorized by K.S.A. 65-171d, implementing the K.S.A. 65-165 and K.S.A. 65-171d; Section 644.096 RSMo and Section 640.220, et. seq., RSMo, 27A Ok. Stat. Supp.1998, Sections 1-1-202 & 1-2-101, & 1-3-101; and applicable Tribal authorities, Trustees for natural resources may recover damages for injury to, destruction of, or loss of natural resources resulting from the release of a hazardous substance or the discharge of oil. Such damage awards must be used to restore, replace, rehabilitate, or acquire the equivalent of the injured natural resources.

III. DEFINITIONS

Unless otherwise identified, terms used in this Agreement are as defined in the authorities listed in Section II above.

Cultural Functions and Services mean any Native American traditions, cultural, spiritual and/or subsistence practices that utilize, consume, rely on, relate to the existence of, are associated with, or services of natural resources. • Page I of 20 Tri~StBte Partnership; 8/30/99 • • Tri-State Mining District refers to the Cherokee County Superfund Site, Cherokee County, Kansas; Oronogo-Duenweg Mining Belt Superfund Site, Jasper County, Missouri; and Tar Creek Superfund Site, Ottawa County, Oklahoma and to any location where discharges or • releases of hazardous substances resulting from mining, smelting, milling, transporting, and other activities related to the location, extraction and production processing of metals and other minerals at the aforementioned Superfund Sties, have come to be located.

IV. PURPOSE

The purpose of this Agreement is to establish a Partnership responsible for enhancing communication, information sharing, coordination and cooperation among Partners and any Trustee Council(s) that may be subsequently formed. This Agreement does not establish or form a Trustee Council. The goal of the Partnership is to provide a framework for communication, coordination and cooperation, among the Partners and Trustee Councils subsequently formed to develop a consistent approach for the assessment of damages and equitable restoration throughout the Tri-State Mining District. Communication, coordination, and consistency will limit unnecessary duplication of effort and enhance the efficient use of financial resources.

This Agreement reflects the overall interest and responsibility of each Partner to identify natural resource injury, and to share information, ideas and expertise necessary to pursue restoration, replacement, rehabilitation, or acquisition of equivalent natural resources injured by mining activities. This Agreement is also intended to integrate restoration into response actions to the extent possible. However, this Agreement recognizes that each Partner is autonomous and has separate authorities and responsibilities and that the ability of each Partner to provide funding or other resources is dependent upon availability. The • Parties to this Agreement recognizes that some of the Partners that are parties to this agreement hold dual roles with regard to responsibilities to the impacted public.

The Partnership will be a collaborative working group that supports Trustee Councils, that may be subsequently formed, concerning Trustee activities carried out within the Tri-State Mining District, as provided by the applicable laws and regulations listed in Section II. Accordingly, the general objectives of the Partnership are as follows:

1. To aid in the determination of whether natural resources have been injured as a result of releases of hazardous substances in the Tri-State Mining District and, if so, the extent of those injuries as well as the extent of service losses associated with any injury.

2. To aid in the restoration of natural resources and or evaluation of services lost, or destroyed as a result of releases of hazardous substances in the Tri-State Mining District.

3. To encourage cooperative and cost effective solutions to response actions and restoration issues involving Partners with adjacent or overlapping responsibilities. In addition, the Partnership shall encourage the integration of, to the extent practicable, natural resource restoration into response actions taken in the District and to minimize adverse impacts to natural resources. • Page 2 of 20 Tri-State Partnership; 8130/99 • • • 4. To assist the Trustee Councils, subsequently formed, in public outreach during • appropriate phases of the process. V. ORGANIZATION

There is hereby created a Partnership to implement this Agreement. Each Partner will designate an official Representative and an alternate to serve on the Partnership. The Partnership may create subcommittees or work groups as necessary to effect the purposes of this Agreement. The Partnership and any individual Partners may also seek participation from the United States Department of Justice, the State Attorneys General or other legal advisors, and other State or Tribal natural resource agencies when appropriate.

Individual Trustee Councils. comprised of trustees for affected resources, at the Cherokee County Superfund Site, Cherokee County, Kansas; Oronogo-Duenweg Mining Belt Superfund Site, Jasper County, Missouri; and Tar Creek Superfund Site, Ottawa County, Oklahoma may be developed. The Trustees at a/l three sites recognize the importance of coordinating their efforts to effectively and efficiently meet their respective natural resource trustee responsibilities under applicable Federal and State laws. This Partnership is intended to serve as a vehicle for the efficient and economical use of technical and financial resources available to the individual Partners

The Partners shall appoint a member to serve as the Coordinator for the Partnership. The position of Partnership Coordinator does not grant or carry any additional rights or privileges within the Partnership group. The duties of the Coordinator shall include, but are not limited to acting as a central point of contact for the Partnership; establishment and • maintaining records documents relevant to Partnership coordination activities; and such other duties as directed by the Partnership. The Coordinator will be responsible for informing the Partners of all pertinent developments on a timely basis. The Coordinator shall fully cooperate with and act under the direction of the Partnership.

Any Partner may call a meeting upon 30 calendar days written notice to the other Partners, or other reasonable notice as is appropriate under the circumstances. The coordinator will make every effort to keep members who are not participating informed and updated on the events of the meeting. Members not participating in a meeting at which a decision on a specific issue is made and at which two thirds of the Partnership is present must present new information to reopen an issue.

For any notice required to be given to any Partner on any matter under the terms and conditions of this Agreement, each Partner designates the individual(sl set forth in Appendix A to receive any and all information. Receipt of information to the individual set forth in Appendix A constitutes valid receipt by that Partner represented by that individual of the information so provided.

VI. ACTIVITIES

In conducting natural resource damage assessment and restoration activities, the Partners may utilize information from existing sources such as State and Tribal environmental • Page J of 20 Tri·S [8" Partnorship; 8/30/99 • • programs, DOl's environmental programs, and the Environmental Protection Agency. Partnership Actions to be conducted to achieve the general objectives listed in Section IV • (PURPOSE) may include: 1. Cooperating with the performance of actions functionally equivalent to a Preassessment Screen consistent with 43 CFR 11.23 - 11.25 of releases at or from mining activities within the District;

2. Cooperating in the identification of natural resources and their services over which Partners have trust responsibilities and identifying potential injuries to these resources, and service losses resulting from the injuries;

3. Cooperating and coordinating in response action planning with the appropriate response agency at sites posing risks to natural resources or where natural resources are injured;

4. Making recommendations to any Trustee Council(s) that may be subsequently formed for the purposes of assessment and restoration activities;

5. Sharing relevant data and information among all Partners;

6. Providing comment, opinion, and assistance if requested and allowed by law and available resources, to activities related to obtaining compensation for and subsequent restoration of natural resources.

8. Consulting with regional resource management plans during development of restoration alternatives,

9. Encourage the Environmental Protection Agency to join as a Partner to the Agreement to facilitate integration of Partnership concerns into response actions.

VII. INTERRELATIONSHIP WITH CULTURAL RESOURCE PRESERVATION AND NATURAL RESOURCE MANAGEMENT

Tribal representatives will take the lead to ensure cultural resource considerations are integrated into restoration identification and implementation and Partnership activities on projects located on Tribal, Trust, or Restricted Land, and may offer the Partners and subsequent Trustee Council(s) assistance in the appropriate integration of these considerations into restoration activities. These considerations will include the links with • Page 4 of 20 Tri·S'et. Partnership; 8130199 \. • • prehistoric and historic sites and land use patterns relative to past and present climates, soils, water, plants, animals, and human interaction with cultural resources in the • environment. VIII. FUNDS

The Partnership may make recommendations concerning the use of natural resource damages or other funds for projects benefitting injured natural resources at the sites, received by the Partners for the purposes of restoration of natural resources at the sites injured as a result of the release of hazardous substances from the Tri-State Mining District and the reduced or lost services provided by such resources.

The Partners recognize that the ability of a Partner to participate may be limited by the availability of appropriations or other appropriate funding sources. Nothing in this Agreement shall be construed as obligating the Partners to expend any funds contrary to law or in excess of appropriations authorized by law.

IX. CONFIDENTIALITY

The Partners have entered into a separate confidentiality agreement titled "CONFIDENTIALITY AGREEMENT for the TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION INTER-GOVERNMENTAL PARTNERSHIP." Said agreement is attached hereto as Appendix B and incorporated by reference herein.

• X. RESERVATION OF RIGHTS

The Partners recognize and respect the individual autonomy of each Partner. Except as expressly stated herein, the Partners understand that this document does not create or waive any legal rights or obligations between the Partners, or any other persons not a Party to this Agreement. This agreement will not usurp, veto, or otherwise alter the decision of individual· Partner(s) or action taken with respect to the jurisdiction of that individual Partner, and are not binding on any decision made or action taken by the individual Partner(s) operating within their respective authority and jurisdiction.

• Pursuant to Section 22, Title 41, U.S.C., no member of Congress shall be admitted to any Page 5 of 20 Tri·State Partnership: 8/30/99 share or part of this instrument.• or any benefits that may arise• therefrom. • XI. MODIFICATION OF AGREEMENT Modifications of this Agreement must be in writing and must be approved by all Partners party to the Agreement.

XII. EFFECTIVE DATE

This Agreement shall be effective upon execution by at least seven (7) Partners or Designated representatives. The date of execution shall be the date of the seventh Partner's signature

XIII. TERMINATION AND WITHDRAWAL

This Agreement shall be in effect from the date of execution until three years after the effective date unless otherwise agreed to by the Partners. Any Partner may withdraw from the Partnership created and established by this Agreement upon thirty (30) calendar days written notice to all Partners. Any withdrawing member shall continue to be subject to all obligations of confidentiality as set forth in Section IX. There is no partial withdrawal allowed under this Agreement.

XIV. THIRD PARTY CHALLENGES OR APPEALS

• The rights and responsibilities contained in this Agreement are subject to the availability of funding and are intended to be guidance for the respective Partners. Such rights and responsibilities may not be the basis of any third Party challenges or appeals.

XV. SURVIVAL

If any provision of this Agreement is deemed invalid or unenforceable, the balance of the Agreement shall remain in full force and effect.

XVI. COUNTERPARTS

This Agreement may be executed in counterparts. A copy with all original executed signature pages affixed shall constitute the original Agreement.

• Page 6 of 20 Tf;~StBt6 Partnorship; 8/30/99 •

Partnership Agreement Tri-State Mining District Natural Resource Restoration• Inter-Governmental Partnership• •

Honorable Ed Rodgers Date Quapaw Tribe of Oklahoma

•

• Page 13 of 20 Tri-State Partnership; 8/30/99 QUAPAW TRIBE OF OKLAHOMC;0PY

(9181 542-1853 FAX (918) 542-4694

RESOLUTION NO. III799--.tL

A RESOLUTION TO ACCEPT NOMINATION TO THE TRIBAL ASSOCIATION ON SOLID WASTE AND EMERGENCY RESPONSE (TASWER) BOARD OF DIRECTORS

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a Member of the Tribal Association on Solid Waste and Emergency Response (TASWER);

NOW THEREFORE BE IT RESOLVED, that the Business Committee of the Quapaw Tribe of Oklahoma hereby accepts the nomination of the Tribe to represent Region VI on the • TASWER Board of Directors BE IT FURTHER RESOLVED, that the Tribe designates Earl L. Hatley as Delegate in order to fulfill this responsibility. This Delegate will remain in effect until the Tribe makes another Delegate selection in writing.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the special meeting of the Quapaw Tribal Business Committee on November 17, 1999, with a vote reflecting ~~ yes, <::> no, _~ abstaining, and d absent.

Ed Rodgers, Chairman d Quapaw Tribal Business Committee • QUAPAW TRIBE OF OKLAHOMA

P.O. IloJ< 765 {9181 542·1853 Quapaw, OK 74363·0765 FAX (918) 542·4694 Resolution Number 101699A

A RESOLUTION TO ENDORSE MR. JIM: FIELDS FOR THE POSITION OF AREA DIRECTOR, BUREAU OF INDIAN AFFAIRS, MUSKOGEE, OKLAHOMA AREA

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofP.L. 93-638, and

WHEREAS, the Quapaw Tribe ofOklahoma is under the jurisdiction ofthe Bureau of • Indian Affairs, Muskogee, Oklahoma Area; and WHEREAS, the Quapaw Tribe ofOklahoma has an interest in the appointment ofthe Area Director; and

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma wishes to endorse Mr. Jim Fields for the position of Area Director, Bureau ofIndil!-n Affairs, Muskogee, Oklahoma Area.

CERUFICATION

The foregoing resolution of the Quapaw Tribe ofOklahoma was presented and duly adopted at the regular scheduled meeting of the Quapaw Tribal Business Committee on October 16, 1999, with a vote reflecting _5_ yes, _1_ no, _O~ abstaining, _1_ absent

9L\LQ _ Ed Rodgers, Chairm~ • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

PO. So. 765 {9181542-1853 Quapaw, OK 74363·0765 Resolution Number IOl699B FAX (918J 542-4694

AUTHORIZING THE LEASE OF TRUST LANDS LOCATED AT SOUTH EIGHT TRIBES TRAIL FOR THE USE OF THE SENECA-eAYUGA TRIBE AND AUTHORIZING THE CHAIRMAN' TO NEGOTIATE AND GRANT SUCH LEASE 01'i BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe af Oklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19. 1956., and :lPproved. by the Commissioner of Indian AtTain. Gn September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Comminee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe ofOklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofP.L. 93-638; and

WHEREAS, the Quapaw Tribal Business Comminee supports the lease of Trust Laud to house the tnbal office headquarters and such other uses as may be determined including commercial operations acceptable to the lessor. Said land is located at South Eight Tribes Trail which shall consist of the following: A traet of land located in the SE 1/4 of Section 29, T28N, R22E, Ottawa County, Oklahoma; Commencing at the SW Comer of the SE Y. ofsaId section; thenee N 0 I 31' 10" W a disumce of216.13 ft. to a brass cap and the p<>int beginning of the subject tract, thence NOI 31' 10" W a distance of 167.78 ft toa p<>int of curve, having a ",dius of 4247.53 ft, • thence along said curve in northeasterly direction, 425.26 ft., thence S 63 56' 00" E a distance of386.56 ft., thence S 18 34'21" E a distance of 445.78 ft., thenceS 89 49' 00" Wa distance of367.0 ft to the p<>int of beginning. Containing approximately 4.0 acres more or less.

THEREFORE BE IT RESOLVED, Chairman Ed Rodgers of the Quapaw Tribal Business Committee is hereby authorized to neEotiate and execUle a lease with the Seneca~Cayuga Tribe of Oklahoma for the maximum tenn of-years aJ1owoble by federal law for the purpose ofa tribal administIative reserve and to promote tribal self determination. Fair annual rental is waived and the lease shall also contain a provision providing for a renewal for a like tenn of years with the same terms and conditions; and .

BE IT FURTHER RESOLVED, that the Quapaw Tribe of Oklahoma requests that the Secretary ofthe Interior or his authorize(rr~resentative approve said lease.

CERTIFICAnON

The foregomg resolution of the Quapaw Tribe ofOklahoIllB was preaented and duly adopted at the regular scheduled meeting of the Quapaw Tribal Business Committee on October 16, 1999, mth a vote reflecting _5_ yes, __1_ no, __0_ abstaining, __1_ absent.

Ed Rodgers;ch~ • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOM.A

PO. Box 765 Resolution Number !01699C 19181542·1853 Quapaw, OK 74363·0765 FAX 19181 542-4694 CONVEYANCE OF 2.5 ACRES LOCATED AT KELLYVILLE IN SENECA CAYUGA TERRITOlY TO THE SENECA·CAYUGA TRIBE OF OKLAHOMA AND AUTHORIZING THE CHAIRMAN OF THE QUAPAW TRIBAL BUSINESS COMMITTEE TO TRANSACT CONVEYANCE

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee 10 speak and act on behalf of the Quapaw Tribe: and

WHEREAS, the Quapaw Tnbe of Oklahoma is a fudemlly recognized Indian Tribe eligible for program funds b) authority of P.L. 93-638: and

WHEREAS. the Quapaw Tribal Business Committee supports the conveyance of all their rights. title and interest in the property described below which is held by the United States of America in trust for the Indians ofthe Quapaw Tribal Indian Agency jurisdiction to the Seneca-Cayuga Tribe ofOklahoma (0 be held in trust The Quapaw Agency is now known as the Miami Agency with eight federally recognized Indian Tribes Within its jurisdiction.

WHEREAS, the sairlland is located at the following: 2 Y, acres more or less located in the EI2 ofNE/4 of SEJ4 ofNWJ4 of NEI4 and WI2 of NW/4 of SWI4 ofNEI4 ofNEI4 of Section 10, Township 26, North, Range 24 E, Ottawa • County, Oklahoma together with all improvements thereon and the appurtenances; and NOW THEREFORE BE IT RESOLVED, that istheintent of the Quapaw Tribe of Oklahoma to convey ail Oflhe above mentioned U.S.A trust property to be heJdin like status to the Seneca-Cayuga Tribe of Oklahoma.

THEREFORE BE IT FURTHER RESOLVED, the Chairman of the Quapaw Tribal Business Committee is hereby authorized to sign all documents necessary to accomplish the conveyance of said property; and .

BE IT FURTHER RESOLVED, that the Quapaw Tn'be ofOklahoma requests that the Secretary ofthe Interior of this authorized represenlative approve said transfer of property once all Land Consolidation Plans for the Eight Northeast Tribes are approved.

CERTIFICAnON

The foregomg resolution of the Quapaw Tribe of Oklahoma was presented and duly adcpted at the regular scheduled meeting of the Quapaw Tribal BusinesS C"mmi on October I 1999, with a vote reflecting ...... t..... yes, * no, --.D- abstaining, -L abSe~t QL V",~ - ,L'~::::\,L..m.4~~ Ed Rodgers, Cbairm~ Hany F. G' • Quapaw Tribal Business Committee Quapaw Tri .'

, Box 765 19181542·1853 Quapaw, OK 74363-0765 o FAX 1918) 542·4694 ~ RESOLUTION NO. I01699---\i.. f' \/1/ k: Q' V A RESOLUTION TO JOIN THE TRIBAL ASSOCIATION ON SOLID WASTE AND , EMERGENCY RESPONSE (TASWER)

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma wishes to become a Member of the Tribal Association on Solid Waste and Emergency Response (TASWER); and

WHEREAS, the Quapaw Tribe of Oklahoma meets all requirements for Membership, pursuant to Article ill of the By-Laws of TASWER,

NOW THEREFORE BE IT RESOLVED, by the Business Committee of the Quapaw Tribe of • Oklahoma hereby authorizes the Tribal Chairman, who is the elected tribal leader, to place the Tribe in membership in TASWER; and

BE IT FURTHER RESOLVED, that the Tribe shall have one vote, in accordance with Article ill of the By-Laws of TASWER; and

BE IT FINALLY RESOLVED, that, pursuant to Articl,e ill, Section 5 of the TASWER By-Laws, the Tribe designates Earl L. Hatley as Delegate in order to fulfill his responsibilities as Official Delegates to TASWER. This Delegate will remain in effect until the Tribe makes another Delegate selection in writing.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on October 16, 1999, with a vote reflecting yes, ___ no, abstaining, and absent.

• Ed Rodgers, Chairman Harry F. Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee Quapaw Tribal Business Committee 23233 i leo,

.'~ISSION INTERIM !lOARD OF DIRECTORS OBJECTIVES Cnairman waste and To recognize and advocate for the 50Ver • Advocate tribal solid Murphy needs at the eign relationship between all fede",i1y rec· Calvin emergency response lndi.:ms ognized tribal governments and the c&t;;,1ern Band of C/Jeroke:e national and regional levels UOiled States government, to be pro vice-CI,ai r - Provide a collective Indian voice on actively involved in the national deciSIon Dore Bietz all solid wa~te and emergency response and regwlatory processes, ensur making Tuolumn~ Band Of" ~t~Wuk IndillM issues ing participation by tribes on an eq~al level and as decision-makers on allsolid Secret:irv/T mrJsurer • Provide training to tribal staff and waste and emergency response issues. Marta Conlin officials l'ass,1rotl.quodd'l Tribe M IndiMl TIJwnsflip - Assist tribes in drafting solid waste HISTORY and emergency regulations based lisa Maybee on tribal derinitions and culture In 1994, tribal leaders approached the SeneCn NOltion Environm~ntal Protection -Seek cooperation hom other iederal Unjl2d States Gilbert Suazo (EPA) req u"'bng to participate in agencies on tribal solid waste and Agency P~tcb·}a of Til05 the Association of State and Territorial emergency response issues Waste Management Officials ~Iono..,ble Solid The -Promote tribal solid waste and IASTSWMOJ, which provides ll'aining and Wayne Tapia emergency response programs technical assistance on solid waste :md Og}rilu Sioux TribiJl Council' Mr:mber emerger.cy response issues. EPA declined -Create parmership among tribes, the tribal leaders' requ~5t. The Honorable >tates, and 10CAmericans for Indian Opportunity (Ala) fouryear degree with one to three years to gather information from tribal leaders 'STRUCTURE of experience, or related combination about their interest in establishing a tribal of education and experience. Ability to The interim Board of Directors will serve "'lllivalentto ASTSWMO. I detailed analytical work witl until l'ASWfR's first national conference perform supervision is essential. Knowledg. regional and one held in the fall of 1999. Elections for little AIO conducted three is regulations ,md grant compli advisory group the full rwelve member Board will occur offedel'dl national tribal government requirements is a pill>. Knowledg meetmg, the ad at the conference. The Board will be ance meetings. Atthe national of, and almmitment to, mbal sovereign. the regional infor made up of one tribal represemiltive visory group reviewed is ideal. mation and made final recommendations {rom each of the nine EPA regions with on the goals and stlllClure atthe proposed fedelGlly recognize

•P.O. !lox 765 \9181542·1853 Quapaw, OK 74363·0765 FAX (918) 542·4694 Resolution Number 10 1699A

A RESOLUTION TO ENDORSE MR. JIM FIELDS FOR THE POSITION OF AREA DIRECTOR, BUREAU OF INDIAN AFFAffiS, MUSKOGEE, OKLAHOMA AREA

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofPL 93-638, and

WHEREAS, the Quapaw Tribe of Oklahoma is under the jurisdiction of the Bureau of • Indian AfTairs, Muskogee, Oklahoma Area; and WHEREAS, the Quapaw Tribe ofOklahoma has an interest in the appointment ofthe Area Director; and

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe ofOklahoma wishes to endorse Mr. Jim Fields for the position of Area Director, Bureau ofIndian AfTairs, Muskogee, Oklahoma Area .

CERTIFICAnON

The foregoing resolution of rhe Quapaw Tribe of Oklahoma was preserned and duly adopted at the regular scheduled meeting of the Quapaw Tribal Business. Committee on October 16, 1999, with a vote reflecting _5_ yes. _1_ no, _O~ abstaining. _1_ absent

2LV Cl _ Ed Rodgers, Chairm~ • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 19181542-1853 Quapaw, OK 74363-0765 Resolution Number l01699B fAX (9181 542-4694

AlITHORIZING THE LEASE OF TRUST LANDS LOCATED AT SOlITH EIGHT TRIBES TRAIL FOR THE USE OF THE SENECA-CAYUGA TRIBE AND AlITHORIZING THE CHAIRMAN TO NEGOTIATE AND GRANT SUCH LEASE Ol'i BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19. 1956, and approved by the Corrunissioner of Indian At1ims on Septernbea 20, 1957: and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Corrunittce to speak and act on behalf ofthe Quapaw Tribe, and

WHEREAS, the Quapaw Tribe ofOklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofP.L. 93-638; and

WHEREAS, the Quapaw Tnbal Business Committee supports the lease of Trust Land to house the tribal office headquarters and. such other uses as may be determined including commercial operations acceptable lo the lessor. Said land is located at South Ei!!ht Tribes Trail which shall consist of the following, A tract ofland located in the SE 1/4 of Section 29, T28N, R22E, Ottawa County. Oklahoma; Commencing at the SW Comer of the SE Yo of said section; thence N aI 3]' 10" Wa distance of216.13 ft to a brass cap and the point beginning of the subject tract; thence NO I 31' 10" W a distance of 167.78 ft. to a point of curve, having a ..dius of 4247.53 fl, • thence along said curve in nonheasterly direction.. 425.26 ft., thence S 63 56' 00" E a dist:mce 01'386.56 ft., thence S 18 34'21" E a distance of 445.78 ft., thence S 89 49' 00" Wa distance of 367,0 ft. to the point of beginning. Containing approximately 4-.0 acres more or Jess

THEREFORE BE IT RESOLYED, Chairman Ed Rodgers of the Quapaw Tribal Business Committee is hereby authorized to negotiate and execute a lease with the Seneca-Cayuga Tribe ofOklahoma lor the maximum tenn of-years allowable by federnllaw for the purpose of a tribal administrntive reserve and to promote trihal self determination. Fair annual rental is waived and the lease shall also contain a provision providing lor a renewal for a like term of years with the same tenns and conditions; and

BE IT FURTHER RESOLVED, that the Quapaw Tribe of Oklahoma requests that the Secretary ofthe Interior or his authorized'r~iesentative approve said lease.

CERTIFICAnON

The foregolDg resolution ofthe Quapaw Tribe ofOklahoma was presented and duly adopted at the regular scheduled meeting of the Quapaw Tribal Business Committee on October 16, 1999, with a 'ote reflecting _5_ yes, __1_ no, _~O_ abstaining, __'_1 absent

Ed Rodgers:cJl ~ • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 Resolution Number IOl699C (9181542·1853 Quapaw, OK 74363·0765 fAX 19181542·4694 CONVEYANCE OF 2.5 ACRES LOCATED AT KELLYVILLE IN SENECA CAYUGA TERRITOTY TO THE SENECA-CAYUGA TRIBE OF OKLAHOMA AND AUTHORIZING THE CHAIRMAN OF THE QUAPAW TRffiAL BUSINESS COMMITTEE TO TRANSACT CONVEYANCE

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956. and approved by the Commissioner of Indian Affairs on September 20. 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe eligible for program funds by authority ofP.L. 93~38; and

WHEREAS, the Quapaw Tribal Business Committee supports the conveyance of all their rights. title and interest in the propeny described below which is held by the United States of America in lnISl for the Indians of the Quapaw Tribal Indian Agency jurisdiction to the Seneca-Cayuga Tribe of Oklahoma to be held in trust. The Quapaw Agency is now known as the Miami Agency with eight federally recognized Indian Tribes within its jurisdiction.

WHEREAS, the said land is located at the following: 2 y, acres more or less located in the E/2 ofNE/4 ofSE/4 ofNW/4 ofNEl4 and WI2 of NW/4 ofSW/4 ofNE/4 ofNE/4 of Section 10, Township 26, North, Range 24 E. onawa • County, Oklahoma together with all improvements thereon and the appurtenances; and NOW THEREFORE BE IT RESOLVED, that is the intent of the Quapaw Tribe of Oklahoma to convey all of the above mentioned U.S.A trust property to be held in like status to the Seneca-Cayuga Tribe of Oklahoma.

THEREFORE BE IT FURTHER RESOLVED, the Cbairman of the Quapaw Tribal Business Committee is hereby authorized to sign all documents necessary to accomplish the conveyance of said propeny; and . '.

BE IT FURTHER RESOLVED, that the QuapaW.Tnbe ofOklahoma requests that the Secretary of the Interior of this authorized representative approve Sind transfer of property once all Land Consolidation Plans for the Eight Northeast Tribes are approved.

CERTIFlCATION

The foregoing resolution of the Quapaw Tribe ofOklahoma was presented and duly adopted at the regular scheduled meeting of the Quapaw Tnbal Business Commi on October 1 1999, with a vote reflecting --"-- yes, * no, --Il...- abstaining, _-.L ~t. QL ~ - ;;')tl'~~!.(.L#44 Ed Rodgers, Chairman~ Harry F. • Quapaw Tribal Business Committee Quapaw Tri ••

. Box 765 (918) 542·1853 Quapaw, OK 74363·0765 ~ FAX 1918) 542·4694 101699~ /'\) ~ 'ViV RESOLUTION NO. k r:f \:/ A RESOLUTION TO JOIN THE TRIBAL ASSOCIAnON ON SOLID WASTE AND . EMERGENCY RESPONSE (TASWER)

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma wishes to become a Member of the Tribal Association on Solid Waste and Emergency Response (TASWER); and

WHEREAS, the Quapaw Tribe of Oklahoma meets all requirements for Membership, pursuant to Article ill of the By-Laws of TASWER.

NOW THEREFORE BE IT RESOLYEO, by the Business Committee of the Quapaw Tribe of • Oklahoma hereby authorizes the Tribal Chairman, who is the elected tribal leader, to place the Tribe in membership in TASWER; and

BE IT FURTHER RESOLYEO, that the Tribe shall have one vote, in accordance with Article ill of the By-Laws of TASWER; and

BE IT FINALLY RESOLYEO, that, pursuant to Articl,e ill, Section 5 of the TASWER By-Laws, the Tribe designates Earl L. Hatley as Delegate in order to fulfill his responsibilities as Official Delegates to TASWER. This Delegate will remain in effect until the Tribe makes another Delegate selection in writing.

CERTIFICATION

• Ed Rodgers, Chairman Harry F. Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee Quapaw Tribal Business Committee lul-09-,9 11:31pm 101"16064 I-~ .. : ,~"~"~I ' •

elSSlON INTERIM BOARD Of DIRECTORS OBJECTIVES

To recognize and advocate for the sover Ch:li,.man - Advocate tribal solid waste and eign relationship between all federally rec Calvin Murphy emergency response needs at the ognized tribal governments and the f,b,ern Band of C/'crokee fnc!i3n5 national and regional levels United States government, to be prO actively involved in the national decision Vice-Chair - Provide a cDileaive Indian voice on making and regulatory processes, ensur Dore Bietz ail solid waste and emergency response TL.JoILJ())n~ M~Wuk ing participation by tribes on an equal l3and 'oi }fldft1llS issues level and as decision-makers on all solid SecrerarvlTf1:r:lsurer waste and emergency response issues. - Provide llafning to lriba! $iffand Marta Conlin officials PGJ$S,1mI1quacidy Tribe m lndj'ln Township - Assist tribes in drafting solid waste HISTORY and emergency regulations based Lisa Maybee on tribal definitions and culture In 1994, tribal leaders approached the Sen~cil N:Jrion United States EnVironmental Protection -Seek cooperation from other iederal Gilbert Suazo Agency (EPA) requesting to participate in agencies on tribal solid waste and the ASSOciation of State and Territorial Pl/eb10 of r.'05 emergency response issues SoUd Waste Management Officials The Honor.lble lASTsWMO), Which prOVides training and • Promote mbal solid waste and Wayne Tapio technical assistance on solid waste and emergency re.spoMe programs OgJ"'a Sioux Trjb.1 Council Member emergency response issues. EPA dedined -Create parmership among tribes, the tribal leaders' request. The Honorable states, and IOC.J meeting, the ad· at the conference. The Board will be ance requirements is a plus. Knowledge visory group reviewed the regional infor made up of One tribal representative of, and commitmentto, tribal sovereignty mationand made final recommendations from each of the nine EPA regions with is ideal. on the goals and structure of the propo5ed Federally realgnized tribes, a representative organization. Research Analyst: Environmj!ntal health from Alaska, and two at-large representa deg~experience tiVes. or related required to A steering committee was established collect and synthesize data detailingthe which appointed an interim Board of detection, assessment and evaluation of Directors. The Board- incorporated MEMBERSHIP the effects on and risks to human health TASWER as a 501 (c)(6) no,,:proflt orga associated with solid waste programs on nization in the District of Columbia in TASWER membership is open to all feder tribal communitfes and the detection of July 1997. The Board received funding ally recognized tribes in the United States. hazardous substances in tribal communi from OSWER. in September 1998. The Each tribe has different environmental is ties. Mustdevelop and implement qual Board hired Jeff Tom have as Executive sues and can implement its own environ ity assurance practices consisting 01 po Ii Di=torin November 1998. Mr.Tomhave mental programs: Participation in des, procedures, and documentation suf "as established a fully equipped office and TASWER will provide one mechani.m ficienttoproducedaraofqualityadequate "'earch center, and is assembling astaif, througn which tribes can have input into to meet project objectives. Literature prom()li~g 1,l..SWER, and building a memo policies that effea their lands. and field research required On tribes, ex bership base. isting tribal services, problems and needs. ______l .-.l-_--- Jur-PH9 12:31,m Fram-TAS'IIE" 2023318054 T-m FOil:i '-,51 .,.~====""""i.I======","",._:======~

Government/Media Relations: Public Communications Specialist: Computer We offer competItive salaries and com policy, media relations, or related degree! and/or IeChnical degreelexperience~lJinld prehensive benefits package. Interesting eaience required to develop and main to implement and maintain information persons with verifiable references should ta_lations!tips with tribal governments, database and clearinghouse on: tribal fund mail cover letter, resume, and ~alary his Congress. federal agencies. and the media. ing and tribal program opportunities, in tory to: . Analyze and interpret current and pending formation on current and pending iederal !Olid waste and emergency response legis solId waste and emergency response legis lalion and regulations. TribaJize federal solid lation and regulatory developments, and a Tribal Association on Solid Waste & waste and emergency respo~e legislation comprehensive network oftl'ibaVenviron Emersency Response 'ind regulations. Seek cooperation irom all mental link,. Administer iMac office net 1001 Connecticut Ave Suite 400 federal agencies on tribal solid waste and work, administer desk'lop publishing, de Washington DC 20036-5504 emergency response issues. Assist in the velop and maintain web lJ'lse, develop and developmentoi delegated solid waste and maintain on-5ite research center with tech emergency response iunding and identify nically advanced mmputerequipment, and w;;ys to increase EPA's invol'vement in tribal prOVide technical assistance to tribal end AAIEOE Womell and Minoricies iir", 7ra~1 lolid waste and emergency response pro users. to tribal communities/national encouraged co apply. ·grams. Publication development, publiC conferences wiil be required. speaking, and travel are required.

•

1001 C,mneetic.ut Avenue, Suire 400 • Washington, DC 20036·5504 202.331.8084 Fax 202.331,8068 )ul-09-99 \2:33~,':I F'u,-iASWER ~ ,02,,:,054 .' ~ TASWER GUidelines for Membersbip and • Board of Directors Nominations Membership:

TASWER recognizes all federally recognized tribal governments as Members of TASVvER. Any federally recognized tribal government is eligible to become a Member of TASWER. Membership application to TASWER must be submicted by tribal resolution or other duly executed document of the governing body of the applicant tribal government indicating that the governing body desires to become a Member. Tribal governmental applicants shall qualify for Membership upon receipt and acceptance of the application by the TASWER Board of Directors. Each Tribal Member of TASWER must select a deleltate as the Tribe's official representative to TASWER and may select one or more alternates, although only one alternate may act on a delegate's behalfat a time. Selections must be in writing and will remain in effect until the Member selects another delegate. 111e annual dues for Members will be an amount determined by the Board of DirectOrs. Guidelines for the payment of annual dues will be established by the Board of Directors. The regular meeting of TASWER Members will be at the annual TASWER Conference.

Board of Directors Nominations:

The initial Board of Directors will serve until their successors are elected at the first annual TASWER Confereuce. Twelve Directors will be elected. One Director will be from each of the nine U.S. Environmental Protection Agency Regions with federally recognized tribes. One Director will be from the stale of Alaska. Two Directors will be appointed at large by a majority vote of the Ten regional Directors. • Directors elected and appointed al the frrst annual TAS'WER Conference will use a random process to assign four Directors to a one year term, four Directors to a two year term, and four Directors to a three year term. At subsequent annual TASWER Conferences, four Board of Directors positions will come up for election, and the term of office for all Directors thereafter will be three years. Directors will not receive compensation for Board service. Direcrors will be reimbursed for authorized expenses incurred in connection with service as Directors. Meetings of the Board will be held quarterly, at such places and times determined by the Board. The Officers of the Board will consist of a Chair. a Vice Chair, a Secretary, and a Treasurer. The Officers will be elected annually by the Board at the annual TASWER Conference. Board ofDirectors Nominations must be submitted by tribal resolution. a letter from the elected tribal leader, or other duly executed dOcument of the governing body of the tribal government, indicating that the governing body or elected tribal leader desires to make a Nomination and that the governing body or elected tribal leader supports and pennits the commitment the Nominee must undertake for Board service, including quarterly !ravel. All Nominees must'be in atIendance at the Regional Caucus Meetings at the [Jrst annual TASWER Conference. Nominees will then be elected by a majority vote of alI tribal participants in attendance at the respective Regional Caucus Meetings. . All Nominees, without a tribal resolution or other dUly executed document of the govenung body of the tribal government indicating support and permission for Board service. elected to the Board from their Regional Tribal Caucus must submit such tribal resolution or other duly executed document at the next regularly scheduled TASWER Board Meeting. • P. . Box 765 .,..[918) 542-1853 Quopow, OK 74363-0765 v V~ v ;{¢(918) 542-4694 RESOLUTION NO. 101699J: -0 0' \:I A RESOLUTION TO SIGN THE LETTER OF INTENT TO ENTER INTO A DEVELOPMENT AGREEMENT FOR THE IMPLEMENTATION OF A POWER PROJECT AND GREENHOUSE PROJECT WITH F. NEIL SMITH ASSOCIATESS

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and obligated to transact Tribal business; and

WHEREAS, the Business Committee of the Quapaw Tribe is interested in economic • development for the employment and educational opportunities of the Quapaw people; and WHEREAS, the Business Committee is aware that environmentally sound economic development protects the environment and economic stability for future generations,

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports the signing of the Letter of Intent, between F. Neil Smith Associates and the Quapaw Tribal Contracting Corporation, to enter into a Development Agreement for the implementation of a Power Project and Greenhouse Project.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on October 16, 1999, with a vote reflecting _ yes, no, abstaining, and absent.

Ed Rodgers, Chairman Harry F. Gilmore, Secretary-Treasurer • Quapaw Tribal Business Committee Quapaw Tribal Business Committee • •

• LETI'ER OF lNTE~l

F. Neil Smith Associates (HFNSA~) Quapaw Tribal Contracting Cocporalion CQTCC')

Effective Dale: September 17. 1999

The above named pames have ..greed to WorK log.ther On ail ex<:lus; ve basis in develol'inl':' Power Project ~ Green},oll~ Pro~C! (collectively ·'Proje=uj. to be: loca!ed on Ncive American Land for the benefit of the Quapaw Tribe of Oklahoma.

The parti~ will intend to enter iota. Development Agr=:mcnr far rhe implemenaui"" of the Projects.

l. 11mt QTCC i! a Nuive American Singk Purp

3. Cocpention llnI!$lJpport from the QTCC and FNSA. • 4. In the event th<: Q1tC applies for 3Jtd w:eives a gran! for any amo,,"t specifi""lIy ~ for the development of the ProjeCts. the gnult fund> will be made available to offset the pn:·dcvcJcpmeo( and deve!Opmenl COSIS incw=! by the i'anies. In !he event th= is no sucl1 &r2"t. FNSA shull bear ita OWn prc-.

5. That this ~t is subject to appro••, of ttl. Quapaw Tribal Busirle$S COtnmilleo. . . -, ..• 6. Th.. QTCC doeallot have to spend Of' commit any of it! own ffiOIlty 10 the Prc:ojw.

7. 111&1 under .. Development Agn:cIllC lit to be entered into by the J'orti<,s, FNSA c.m develQP. con=t. alId operate the fatility aL no risk 10 the Quapaw Tribe ofml&homa or tb. QTCC.

8. Thal the pnljec:t will c=approximately 200-220 new jobs. • ... • • • ~!ler of mlelll QTCClFNSA

The Patties 8gl'te !hilt !his ~ of lnre.u .hall remain in cffca wuiJ it is ~by the ai<:m:~ncd Dc\lclopl1>C'lt Agreement at the Parties naltually a,c:xee to illIlte the r...= ofIntent.

Ed Rodgm, Tnbal ChairmtUl QTCC •

•_ ucL-~~-~~. U~:~/~ P.02 f • • QUAPAW TRIBE OF OKLAHOMA

• ~ Resolution ,,"0. 100699 DRAFT

Resolution of the Quapaw Tribal Business Committee designating Menard-Hodges a Quapaw Sacred Site

WHEREAS, The Quapaw Tribe of Oklahoma is a federally-recognized Indian Tribe and is governed by a Governing Resolution. that was duly adopted by the Quapaw General Council on August 19. 1956. and approved by the Commissioner of Indian Aftilirs on September 20. 1957; and

WHEREAS. The Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on behalf of the Quapaw Tribe: and

WHEREAS, The Quapaw Tribe is a federally-recognized Indian Tribe eligible for program funds. by authority of PL. 93-638: and

WHEREAS, The Quapaw Tribe attests thar rhe Tribe has aboriginal, historic. and treaty lands which encompass lands and warerways in Arkansas; and

WHEREAS, The Quapaw Tribe recognized as the past inhabitants of Arkansas by its treatlcs. and with regatd to contemporary government-to-government consultation with federal and state • agencies. and by Executive Order 13084, is concerned with environmental issues and cultural resources. including American Indian Cultural Sites and Sacred Sites. in our ancestral lands: and

WHEREAS, Unired States President William Jefferson Clinton has recognized American Indian Sacred Sites by Executive Order 13007; and

WHEREAS, The Quapaw Tribe artests that any alteration to a Sacred Site andlor removal of cultural items desecrates the sanctity of that site and is a violahon of our cultural and religious beliefs: and

WHEREAS, The Quapaw Tribe recognizes its ancestral American Indian Cultural Site referred to as Menatd-Hodges and as the Osotouy Cnit of Arkansas Post National Memorial Park, is sacred by virtue of its spiritual and religious significance to the Quapaw Tribe;

NOW THEREFORE BE IT RESOLVED that the Quapaw Tribe of Oklahoma hereby declates Menatd-Hodges a Sacred Site.

P.O, Box 765, Quapaw, OK 74363 • 918,542-1853 FAX 918-542-4694 P.03 . • • QUAPA'N TRIBE OF OKLAHOivlA • Re.nlutinn '10. I006QQ Resolution of the Quapaw Tribal Business Committee "esignatiiil: MeDal'll-Hodges a Qua"aw Sacred Sile

CERTlFICATID""

The foregoing Resolution of the: QualJi:1w Tliut:; of O;"ialH)Hld~ wa:s Pll;::)~lIlt;u (1\ a ~ll¢~ialIJH~dtJlg vr the QI'.f1;'W Trio"] FlIl,jne's Comminee on October 16,1999, with a vete of __ yes: 110: (lh"r

Fn Rodgef', rh"irm"n Harty Gilmore, Secrf":tAry-TTea~'..!.re!" Q,,"P"W Trio"1 R'''iness Committee Quapaw Tribal Business Comm;nee •

P.O, Rox 76.5, Quap2':':, OK 74363 • 918-542·1853 FAX 918-512-46!l'! QUAPAWTRffiEOFOKLAHOMA •

WHEREAS, The Quapaw Tribe of Oklahoma is a federally-recognized Indian Tribe, pursuant to P.L. 103-454, 108 Stat. 4791, and is governed by a Goveming Resolution, that was duly adopted by the Quapaw General Council on August 19, 1956, and approved by the Commissioner oflndian Affairs on September 20, 1957; and

WHEREAS, The Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, The Quapaw Tribe is a federally-recognized Indian Tribe eligible for program funds, by authority of P.L. 93-638; and

WHEREAS, The Quapaw Tribe attests that the Tribe has aboriginal, historic, and treaty lands which encompass lands and waterways in Arkansas; and

WHEREAS, The Quapaw Tribe recognized as the past inhabitants of Arkansas by its treaties, and with regard to contemporary government-to-government consultation with federal and state agencies, and by Executive Order 13084, is concerned with environmental issues and cultural • resources, including American Indian Cultural Sites and Sacred Sites, in our ancestral lands; and WHEREAS, United States President William Jefferson Clinton has recognized American Indian Sacred Sites by Executive Order 13007; and

WHEREAS, The Quapaw Tribe did repatriate ancestral remains from the Eaker Site in cooperation with the United States Air Force, and those remains were reinterred by Bob Whitebird, a Tribal elder and spiritual leader, at the Eaker Site in April, 1991; and

WHEREAS, The Quapaw Tribe attests that any alteration to a Sacred Site and/or removal of cultural items desecrates the sanctity of that site and is a violation of our cultural and religious beliefs; and

WHEREAS, '. The Quapaw Tribe recognizes its ancestral American Indian Cultural Site referred to as the Eaker Site, 3MSI05, is. sacred by virtue of its spiritual and religious significance to the Quapaw Tribe;

NOW mEIU:FORE BE rr RESOLVED that the Quapaw Tribe of Oklahoma hereby declares the Eaker Site, 3MS105, a Sacred Site. . . . .

P,O. Box 765, Quapaw, OK 74363 • phone 918-542-1853, fax 918-542-4694 +'·. .. QUAPAWTRmEOFOKLAHOMA Resolution No. 100699 C

• Resolution of the Quapaw Tribal Business Committee designating the Eaker Site, JMSI05, a Quapaw Sacred Site

CERTIFICATION j The foregoing Resolution of the Quapaw Tribe of Oklahoma, was presented at a special meeting of the Quapaw Tribal Business Committee on October 26, 1999. with a vote of ~ yes; -..C.Lno; -----'2. abstaining; ~ absent.

H . Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee •

P.O. Box 765, Quapaw, OK 74363 • phone 918·542·1853, fax 918·542·4694 QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (9181542·1853 Quapaw, OK 7.4363-0765 fAX 19181 542-469.4

RESOLUTION NO. 092299 B RESOL[TION TO RE-CONTRACT FY 2000 FUNDS

WHEREAS. the Quapaw Tribe ofOklahoma is governed by a Governing Resolution, that was duly adopted by the Quapaw Indian Council on August 19. 1956, and

WHEREAS. the Governmg Resolution delegates authority to the Quapaw Business Committee to speak and act on behalf of the Quapaw Tribe. and

WHEREAS. 25 CFR 900.8 (d) requires that before the Bureau of Indian Affairs can enter into a contract with a tribal organization, it must be requested to do so by the tribe to be served under the contract It further states that the tribe's request shall be in the fonn of a resolution by the tribal governing body, and

WHEREAS. the Quapaw Tribe ofOkJahoma adheres to the concept oflndian Self: Detennination and desires to re-contract as individual contracts for FY 2000 as follows:

Community Services Housing Improvement Program • Aid to Tribal Government Indian Child Welfare NOW THEREFORE BE IT RESOLVED that the Quapaw Tribal Business Committee authorizes the Chairman and/or his Designated Representative, the Tribal Administrator, to negotiate, execute and modify/amend the contracts/grants, as needed. The authoritJes granted herein shall remain in effect for the duration ofthe proposed contracts/grants, ttor the period October 1; 1999 through September 30,2000.

CERTIFICATION

The foregoing resolution ofthe Quapaw Tribe ofOklahoma being presented at a special meeting ofthe Quapaw Tribal Business Committee, on September 22, 1999, with a vote reflecting 6 yes, __0_ no, _0_, abstaining, ...... l.- absent.

Ed RodgefS:C/1lli~ arry F. ilmore, Sec.rrreas. Business Committee Business Committee • Quapaw Tribe of Oklahoma Quapaw Tribe of Oklahoma QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (9181542-1853 Quopaw, OK 74363-0765 FAX 1918) 542-4694

RESOLUTION NUMBER 09181999-a

A RESOLUTION TO AMEND SECTION ill OF THE GOVERNING RESOLUTION OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20_ 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on bebalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma deems it necessary to amend Section ill ofthe Governing Resolution; and

WHEREAS, Section XIV of the Governing Resolution reads: The Governing Resolution may me amended by a majority ofthe qualified voters ofthe Quapaw Tribe ofIndians ofQuapaw blood and on the Quapaw rol/s voting al an election calledfor thai purpose by the Chairman oflhe Tribal Business CommWee; and • WHEREAS, there is a need to cbange tbe filiog date from June 4 to May 1; and NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma amends Section III. (b) of the Governing Resolution to read: Tbose persons seeking election to the Quapaw Tribal Business Commillee shal/file wrillen noticefor the office for which Ihey are seeking to be elected by Mal:' J. Such nOlice shall be filed at the Quapaw Tribal Office. Nominations shall not be taken from the floor. Exception: In the event no individualfilesfor office or an individual or individuals who file for a pos/lion ofoffice have no opposition, then nominaJionsfrom the floor will be allowed. Individuals see/dng office must be present; they must notify the Chairman ofthe Business Commillee in wrihng prior 10lhe elechon that they will accept the nomination.

CERTIFICATION

The foregoing resolution ofthe Quapaw Tribe of Oklahoma was presented and duly adopted at a Special General Council meeting ofthe Quapaw Tribe of Oklahoma on September 18, 1999 with a vote reflecting --.ll.. yes, ----.0..- no, -.-lL abstaining, --0..... absent.

Quapaw Tribal Business Committee • QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (9181542-1853 Quapaw, OK 74363-0765 FAX 1918) 542-4694

RESOLUTION NUMBER 09181999 -b

A RESOLUTION TO AMEND SECTION n OF THE GOVERNING RESOLUTION OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma deems it necessary to amend Section II of the Governing Resolution; and

WHEREAS, Section XIV of the Governing Resolution reads: The Governing Resolution may me amended by a majority ofthe qua/ijledvoters ofthe Quapaw Tribe ofIndians ofQuapaw blood andon the Quapaw rolls voting at an election calledfor that purpose by the Chairman oflhe Tribal Business Committee; and • WHEREAS, the Quapaw Tribe ofOklahoma deems it necessary to impose a filing fee for each candidate filing for office; and

WHEREAS, the Quapaw Tribe of Oklahoma deems it necessary to require a pre-<:ertification for those candidales seeking the position of the Secrctary!rreasurer; and

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma amends Section II of the Governing Resolution to read: No person shall be a candidatefor membership in the Quapaw Tribal Business Committee unless he shall be a member ojthe Quapaw Tribe by blood and on the approved Quapaw rolls, and shall be at least 25 years ofage. A Fifir Dollar ($501 filing fee will be imposed (or each candidate filing for o(/U:e, andreauires a pre-certiClCIItion for those canditkdes seeking dre oosition o(the Secreturv/Treosurer,

CERTIFICATION

The foregoing resolution ofthe Quapaw Tribe ofOklahoma was presented and duly adopled at a Special General Council meeting ofthe Quapaw Tribe ofOldahoma on September 18, 1999 with a vote reflecting ~ yes, ---L no, -----L abstaining, -----

hairman • ss Committee QUAPAW TRIBE OF OKLAHOMA

P . Box 765 (9181 542·1853 Quapaw, OK 74363·0765 FAX 1918} 542·4694

RESOLUTION NUMBER 09181999-c

A RESOLUTION TO AMEND SECTION n OF THE GOVERNING RESOLUTION OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the Quaplw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quaplw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recogoized Indian Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma deems it necessary to amend Section II of the Governing Resolution; and

WHEREAS, Section XIV of the Governing Resolution reads: The Governing Resolution may me amended by a majority ofthe qualiJiedvoters ofthe Quapaw Tribe ofIndians ofQuapaw blood and on the Quapaw rolls voting al an election calledfor thaI purpose by the Chairman ofthe Tribal Business Committee; and • WHEREAS, the Quapaw Tribe of Oklahoma deems it necessary to impose a filing fee for each nominee from the floor; and

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma amends Section II of the Governing Resolution to read: No person shall be a candidate for membership in Ihe Quapaw Trihal Business Committee unless he shall be a member oflhe Quapaw Tribe by blood and on the approved Quapaw ro/ls, and shall be at least 25 years ofage. A Fiftv DoUor ($501 filing fee wi11 be imposed for each candidate fiJing for office. and requires a pre-certitication for those candidiltes seeking the position ofthe SecrelarvnreiJSHrer. Also, nominees from the {/Qor wi11 be required to post a tiflr dollar ($501 filing fee. with thil1V (301 dllYs to par the tiling teei which aPPlies to aU c:undidutes posting filing fees.

CERTIFICATION

The foregoing resolution of the QuaplW Tribe of Oklahoma was presented and duly adopted at a Special General Council meeting ofthe Quapaw Tribe of Oklahoma on September 18, 1999 with a vote reflecting _9_ yes, __2_ no, _1_ abstaining, _0_ absent.

-Chainnan Quapaw Tribal Business Committee mess Conunittcc • QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 1918) 542-1853 Quapaw, OK 74363-0765 FAX {918j 542-4694

RESOLUTION NUMBER 09181999 -d

A RESOLUTION TO AMEND SECTION VI OF THE GOVERNING RESOLUTION OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Couneil on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma deems it necessary to amend Section VI of the Gnveming Resolution; and

WHEREAS, Section XIV of the Governing Resolution reads: The Governing Resolution m'!Y me amended by a majority ofthe qualified voters ofthe Quapaw Tribe ofIndians ofQuapaw blood and on rhe Quapaw rolls voting at an election calledfor that purpose by the Chairman ofthe Tribal Business Committee; and • NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma amends Section VI of the Governing Resolution to read: A Grievance Committee, consisting ofthree (3) persons ofQuapaw Indian blood, shall be elected by the General Council, and shall not include any members ofthe Quapaw Tribal Business Committee. The terms ofoffice fOr the Grievance Committee shaJJ be fOr two {2} vears, and nominations shaJJ be from the floor, in each even numbered ]'!ar.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe ofOklahoma was presented and duly adopted at a Special General Council meeting of the Quapaw Tribe of Oklahoma on September 18, 1999 with a vote reflecting .....l2- yes, -.JL- no, --0.- abstaining, -.ll- absent. Q

Quapaw Tribal Business Committee • W TRIBE OF OKLAHOMA

PO Box 765 19181 542·1853 Quapow, OK 74363-0765 fAX (918) 542·4694

RESOLUTION NO. 091899_!L

A RESOLUTION TO SUPPORT THE SIGNING OF THE CONFIDENTIALITY AGREEMENT FOR THE TRI·STATE MINING DISTRICT NATURAL RESOURCE RESTORATION INTER·GOVERNMENT PARTNERSHIP

WHERAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19. 1956, and approved by the Commissioner of Indian Affairs on September 20,1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports the signing of the Confidentiality Agreement for the Tri-State Mining District Natural Resource • Restoration Inter-Governmental Partnership to assist and ensure the communication, coordination and cooperation of the Partners, in their individual and collective activities as Natural Resource Trustees, as they pursue restoration of, and compensation for, natural resources injured by releases of hazardous substances in the Tri-State Mining District.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on September 18, 1999, with a vote reflecting 6 yes, 0 no, 0 abstaining, and 1 absent.

arry F. more, Secretary-Treasurer • Quapaw Tribal Business Committee :

CONFIDENTIALITY AGREEMENT for the TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION • INTER-GOVERNMENTAL PARTNERSHIP I. INTRODUCTION

This Agreement is by and between: the state of Kansas: the State of Missouri: the state of Oklahoma: the Eastern Shawnee Tribe of Oklahoma: the Miami Tribe of Oklahoma; the Modoc Tribe of Oklahoma; the Ottowa Tribe of Oklahoma: the Peoria Tribe of tndians of Oklahoma: the Quapaw Tribe of Oklahoma; the Seneca-Cayuga Tribe of Oklahoma, the Wyandotte Tribe of Oklahoma; and the u.s. Department of Interior (hereinafter referred to as the Department and including the u.s. Fish and Wildlife Service and Bureau of Indian Affairs) (collectively referred to herein as Partners). The Partners enter into this Agreement to assist and ensure the communication, coordination and cooperation of the Partners, in their individual and collective activities as Natural Resource Trustees, as they pursue restoration of, and compensation for, naturat resources injured by releases of hazardous substances in the Tri-State Mining District.

II. AUTHORITIES

Pursuant to 33 U.s.c. §§ 2702 and 2706, section 311 (f) of the Clean Water Act ICWA). 33 U.S.c. § 1321 (f). and sections 107{a)(4)(C) and 107(f) of the Comprehensive Environmentat Response, Compensation, and Liability Act (CERCLA). including sections 101,104,107, and 120,42 U.S.c. §§ 9607(a)(4)(C) and 9607(f), the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300; the Natural Resource • Damage Assessment Regulations, 43 CFR Part 11 and 15 CFR Part 990] and Executive Order 12580 as amended: Surface Water Quality Standards, Kansas Administrative Regulations (K.A.R.) 28-16-28 (b) through [f), Kansas Nongame and Endangered Species Conservation Act, KSA 32-957 et seq., as amended, KSA 65-171u; Section 644.096 RSMo and Section 640.220, et. seq., RSMo.: 27A Ok. Stat. Supp. 1998, Sections 1-1-202 & 1-2-101, & 1-3-101 and applicable Tribal authorities: Trustees for natural resources may recover damages for injury to, destruction of. or loss of natural resources resulting from the release of a hazardous substance or the discharge of oil. Such damage awards must be used to restore, replace, rehabilitate, or acquire the eqUivalent of the injured natural resources.

Ill. PURPOSE

The Partners agree that the free and open exchange of information and sharing of ideas and opinions with other Partners is crucial to achieving each Portner's common and individual goals. The Partners also recognize that all written or verbal communications related to the assessment and recovery of damages for injury to natural resources or recovery of damages are being undertaken in anticipation of litigation. This Agreement is intended to provide for the protection and maintenance of confidentiality by, • between, and among the Partners, to the extent permitted by law. IV. DEFINITIONS

Designated Privileged Document. A Designated Privileged Document is a document • which is drafted with an expectation of confidentiality, and includes, but is not limited to, communications between the Partners' attorneys or their staff, agents, and/or experts in anticipation of litigation, in the seeking or giving of legal advice. and/or in the context of pre-decisional government deliberations. Designated Privileged Documents include. all data contained in, or is a part of, drafts of uncompleted reports or projects. Designated Privileged Documents shall be marked "Confidential" in large, conspicuous letters on the cover or first page. In the case of multiple documents delivered in one communication, each document must be individually marked "Confidential" to retain its status as a Designated Privileged Document. Individual pages of confidential documents do not need to be marked. Each Partner is responsible for maintaining a complete list of confidential documents transferred to it under this agreement. If a document loses its cover page and the status of a document is unknown, the partner must treat the document as a Designated Privileged Document until it can be positively identified as a non-confidential document.

Designated Privileged Communication. A Designated Privileged Communication is a communication which occurs with an expectation of confidentiality and includes, but is not limited to, communications between the Partner's attorneys or their staff. agents, and/or experts in anticipation of litigation in the seeking or giving of legal advice, and/or in the context of pre-decisional deliberations. Designated Privileged Communications are also those communications that occur between Partners to this agreement whereby any Partner involved in the communication requests that the communication remain • confidential and/or privileged. Should any Partner engaged in a communication object to another Partner's request for confidentiality, the objecting Partner is obligated to note the objection and remove him or herself from the communication.

Tri-State Mining District. The Tri-State Mining District refers to the Cherokee County Superfund Site, Cherokee County, Kansas: Oronogo-Duenweg Mining Belt Superfund Site, Jasper County, Missouri: and Tar Creek Superfund Site. Ottawa County, Oklahoma and to any location where discharges or releases of hazardous substances resulting from mining. smelting, milling, transporting, and other human activities related to the location, extraction and production processing of metals and other minerals at the aforementioned Superfund Sites, have come to be located.

V. CONFIDENTIALITY

Except as provided below or otherwise provided herein, the Partners shall treat all Designated Privileged Documents generated, and Designated Privileged Communications. by, between or among the Partners as privileged attorney-client communications, attorney work prodUct or protected by other applicable privileges such as the deliberative process privilege (or a combination thereof). and shall protect such documents and communications from disclosure to the maximum extent possible • under applicable Federal, State and Tribal law. The transmittal of a Designated Privileged Document or a Designated Privileged Communication, between or among any of the Partners (and their counsel. representatives, employees, contractors and consultants) or federal. state or tribal response action agencies, does not waive, or imply any waiver, of any priVilege or right • which the transmitting entity may assert with respect to that document or communicatian.

Unless otherwise specifically provided, the Partners shall each be entitled to assert an applicable privilege with respect to any document or communication jointly transmitted, prepared, or funded by the Partners. Each Partner shall be entitled to assert an applicable privilege with respect to any document or communication transmitted, prepared, or funded solely by that Partner. Only by specific written agreement from the Partners or pursuant to Court Order shall disclosure of a Designated Privileged Document or Designated Privileged Communication be made public or disclosed to a non-Partner, other than a federal, state or tribal response action agency or a Partner's counsel. contractors or consultants. Such agreement shall not be construed as a waiver of privilege or confidentiality regarding any other documents or communications. At the request and option of any Partner, designated privileged documents shall be returned to the originating Partner or destroyed, subject to the provisions of the Federal Records Act, 44 U.S.C. § 2901, et seq. and applicable State or Tribal law.

If a subpoena, discovery request. or other request in any form, for a designated privileged document or information provided under this Agreement is received by any Partner, a copy of the subpoena or request will be immediately forwarded to counsel for the Partner or Partners to which the privilege applies and to the government representative(s) who originally generated the document or communication requested. • The Partner who receives such a request shall also provide a draft of the Partner's intended response to such request not less than ten (10) days prior to the date that the Partner intends to issue its response. To the extent that applicable law may require a response more promptly than is consistent with the above temporal reqUirement, the Partners agree to act in good faith to meet any such reqUirements.

Nothing herein in any way affects or limits the authority of any signatory to waive any privilege and release any documents, information, analyses, opinion, conclusion, or advice that are subject to privileges held exclusively by that signatory.

Designated Privileged Documents shall be maintained in such a manner as to insure that no intentional or unintentional disclosure is made which would compromise any asserted privilege, including segregating designated privileged documents in files that are identified as containing privileged documents that are not to be disclosed publicly or in response to a discovery request in any litigation that may result in connection with the Partners' exercise of their authority.

In the case of Cultural Resource uses or Functions that Tribes do not wish to be made public are divulged to any of the Partners, the Tribe will make the status of that transfer of information known to the Partners to whom it was communicated and this information • will be treated as a Designated Privileged Communication by the Partnership. , ,

The provisions of this agreement apply to the representatives, employees, counsel. agents, assigns, contractors and consultants of each Partner. Partners are responsible for ensuring that these individuals are aware of, and in compliance with, the terms of this • agreement.

VI. RESERVATION OF RIGHTS.

The Partners recognize and respect the individual autonomy of each Partner. Except where expressly stated herein, the Partners understand that this document does not create or waive any legal rights or obligations between the Partners, or any other persons not a Party to this Agreement.

VII. EFFECTIVE DATE, AMENDMENT WITHDRAWAL AND TERMINATION.

This Agreement shall be effective as to each Partner upon the date the Partner executes this Agreement. This Agreement may not be amended except by written agreement of all the Partners. This Agreement may be executed in one or more counterparts, each of which will be considered an original document. Any Partner may terminate its participation in the Agreement upon giving thirty (30) days written notice to all other Partners or as otherwise provided herein. However, this Agreement shall continue in effect as to each Partner, regardless of withdrawal. until terminated by written agreement of all the Partners. The withdrawal of any Partner to this Agreement for whatever reason, shall not affect the validity of this Agreement among the remaining Partners. If a court of law holds any part of this Agreement void, illegal or unconstitutional. that part may be severable and the remainder of the Agreement may • be enforced. IN WITNESS WHEREOF, the Partners have executed this agreement on the dates attested to below.

• • QUAPAW TRIBE OF OKLAHOMA By: Ed Rodgers, Tribal Chairman

Date: _ Signature

•

• • QUAPAW TIII'~ IOF OKLAHOMA

PO. Box 765 (918) 542· 1853 Quapow, OK 74363·0765 FAX 1918) 542-4694

RESOLUTION NO. 091899_Jf_

A RESOLUTION TO SUBMIT THE REQUEST FOR FEDERALLY APPROPRIATED FUNDS FOR ATTORNEY FEES FOR NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION (NRDAR) REPRESENTAnON

WHERAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19,1956, and approved by the Commissioner of Indian Affairs on September 20,1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and obligated • to transact Tribal business including attorney contracts; and WHEREAS, the Tribe employs The National Energy-Environment Law and Policy Institute (NELPl) as the legal council on all aspects of Natural Resource Damage Assessment and Restoration (NRDAR) issues.

WHEREAS, the Business Committee is requesting federally appropriated funds for attorney fees for NRDAR representation, in accordance with 25 CPR Part 89 to provide the Tribe with essential legal counsel as a trustee in pursuing NRDAR claims; and

WHEREAS, the Quapaw Tribal Business Committee also is requesting such funds to assist the Tribe in undertaking the evaluation, assessment, analysis and negotiation of NRDAR claims in accordance with the terms of the NELPI contract to conduct such work; and

WHEREAS, the Business Committee has expressed agreement to the proposed Contract with the Tribe, • NOW THEREFORE BE IT RESOLVED, by the Business Committee of the Quapaw Tribe of Oklahoma that the Request for Federally Appropriated Funds for Attorney Fees for NRDAR Representation, as set forth in the attached Request shall be submitted for • consideration pursuant to 25 CFR Part 89.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on September 18, 1999, with a vote retlecting 6 yes, 0 no, 0 abstaining, and I absent.

Ed Rodgers, Ch~ H"h-vF. Oi ore, Secretary-Treasurer Quapaw Tribal Business Committee Quapaw Tribal Business Committee •

• ------

QUAPAW TRII~E OF OKLAHOMA

P.O. Box 765 (9181 542·1853 Quapaw, OK 74363·0765 FAX 1918) 542·4694

Resolution Number 092299 ;:,..

A RESOLUTION REQUESTING THE DEPARTMENT OF THE INTERIOR TO ALLOW THE QUAPAWTRlBE TO DRAW DOWN TRIBAL TRUST FUNDS

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing ResolUlion that was duly adopted by rne Quapaw Indian Councd on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957: and

WHEREAS, the Governing Resolution delegates authority to lbe Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe: and

WHEREAS, the Quapaw Tribe of Oklahoma desires to utilize their Tribal Trust Funds to pursue an economic development endeavor;

NOW THEREFORE BE IT RESOLYED that the Quapaw Tribe of Oklahoma requests the approval • from the US. Department of Interior Office of Trust Fund Management, to withdraw funds in accordance wilb the approved budget to enable the Quapaw Tribe to strive towards self-sufficienC)'.

CERTIFlCAnON

The foregoing resolution of the Quapaw Tribe of Oklahoma was presenled and duly adopted at the special meeting of the Quapaw Tribal Business Committee on September 22, 1999, with a vote reflecting _5_ yes, _I_ no, __ abstaining, _1_ absent

2.~ R~ Ed Rodgers,CllllJ;;;t F. Imore, Sec.rrreas. Quapaw Tribal Business Committee Quapaw Tribal Business Committee • QUAPAW TRI8E OF OKLAHOMA

.. Box 765 (9181542-1853 Quapaw, OK 74363-0765 FAX (9181542·4694 Resolution 082 I99-A

A RESOLUTION SOPPORTING AND REQUESTING THE QUAPAW TRIBE'S PARTICIPATION IN THE US. DEPARTMENT OF THE INTERIOR'S TRIBAL SELF-GOVERNANCE PROGRAM

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe ofOklahoma is a federaIly recognized Indian Tribe, and

WHEREAS, advancing the health, safety, welfare and education of the people of the Quapaw Tribe ofOklahoma are responsibilities of the Quapaw Tribal Business Committee, and

WHEREAS, the Quapaw Tribal Business Committee desires to more effectively and efficiently manage its governmental and tribal affairs without unnecessary bureaucratic • regulatory requirements and oversight activities of the Bureau ofIndian Affairs, and WHEREAS, the provisions ofTitle IV ofP.L. 93-638 authorizes the transfer of Programs, Services, Activities and Functions ofthe BIA to participating Tribal Governments, and

NOW BE IT THEREFORE RESOLVED THAT THE QUAPAW TRIBE OF OKLAHOMA SUBMITS THIS RESOLUTION TO THE DIRECTOR, OFFICE OF SELF-GOVERNANCE, US. DEPARTMENT OF THE INTERIOR TO BEGIN PARTICIPATION IN THE TRIBAL SELF-GOVERNANCE PROGRAM.

CERTIFICATION

I hereby certi1Y that the foregoing resotution was passed at a regular meeting ofthe Tribal Business Committee ofthe Quapaw Tribe ofOklahoma on this 21st day of AUGUST 1999 with a vote reflecting _7_ yes, _O_no, _O_abstaining 0 absent. • QUAPAW TRIBE OF OKLAHOMA

P.O. Be. 765 (918} 542-1853 Quopaw, OK 74363·0765 FAX (918) 542-4694

RESOLUTION NO. 082199B·l

A RESOLUTION TO SUBMIT THE REQUEST FOR FEDERALLY APPROPRIATED FUNDS FOR ATTORNEY FEES FOR NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION (NRDAR) REPRESENTATION

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and obligated • to transact Tribal business including attorney contracts; and WHEREAS, the Tribe employs the law firm of Gardere & Wynne, L.L.P as the legal council on all aspects of Natural Resource Damage Assessment and Restoration (NRDAR) issues; and

WHEREAS, the Quapaw Tribal Business Committee requests that the Contract with Gardere & Wynne, L.L.P. be approved by the Bureau of Indian Affairs.

WHEREAS, the Business Committee is requesting federally appropriated funds for attorney fees for NRDAR representation, in accordance with 25 CFR Part 89 to provide the Tribe with essential legal counsel as a trustee in pursuing NRDAR claims; and

WHEREAS, the Quapaw Tribal Business Committee also is requesting such funds to assist the Tribe in undertaking the evaluation, assessment, analysis and negotiation of NRDAR claims in accordance with the tenus of the Gardere & Wynne, LLP contract to conduct such work; and

WHEREAS, the Business Committee has expressed agreement to the proposed Contract • with the Tribe; and WHEREAS, the Business Committee approves the signing of the Contract by the • Chainnan, NOW THEREFORE BE IT RESOLVED, by the Business Committee of the Quapaw Tribe of Oklahoma to submit the Request for Federally Appropriated Funds for Attorney Fees and the Attorney Contract for NRDAR Representation. Request for funding appropriation is set forth in 25 CFR Part 89.

CERTIFICAnON

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the regular meeting of the Quapaw Tribal Business Committee on October 16, 1999, with a vote reflecting \" yes, (:) no, b abstaining, and \ absent.

~..~ Ed Rodgers:out~n I~/J~re, Secretary-Treasurer • Quapaw Tribal Business Committee Quapaw Tribal Business Committee

• QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 1918) 542-1853 Quopaw, OK 74363-0765 FAX 19181 542-4694

October 21, 1999

Gloria Wilson, Superintendent Miami Agency Bureau of Indian Affairs POBox 391 Miami, OK 74355

Re: Request for Federally Appropriated Funds for Attorney Fees for NRDA Representation

Dear Ms. Wilson:

Please replace Resolution No. 082199B with the attached Resolution No. 082199B-l in our previously submitted request for federally appropriated funds for attorney fees for legal representation as a natural resource Trustee utilizing the law firm of Gardere & Wynne, L.L.P. • Please let me know if additional information is needed or if I can answer any questions. Sincerely,

Cc; Ed Rodgers, Tribal Chairman Tamara R. Manin, Quapaw Tribal Administrator Lloyd W. Landreth, Gardere & Wynne, L.L.P. QUAPAW TRIBE OF OKLAHOMA

. Box 765 (9181 542- 1853 Quopaw, OK 74363-0765 FAX (9181542-4694

RESOLUTION NO. 082199~

A RESOLUTION TO SUPPORT LEAD AGENCY, INC. AND HARVARD UNIVERITY'S NATIONAL INSTITUTE FOR HEALTH PROPOSAL

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the State of Oklahoma is competing with Harvard University in an attempt to thwart their efforts to conduct health studies relating to the Tar Creek Superfund Site; and

WHEREAS, the Business Committee of the Quapaw Tribe is committed to the protection of the health of TribaJ people, the environment and conservation of natural resources within Tribal • Lands by Treaty with the United States of America,

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports Rebecca Jim & LEAD Agency, Inc. and Harvard University's National Institute for Health proposal entitled, "Community-Based Prevention and Intervention Research Project: A Community-Based Study of Lead Exposure Pathways, Biomarkers of Dose, Health Effects, and Phytoremediation Strategies at the Tar Creek Superfund Site."

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the August 21,1999 meeting of the Quapaw Tribal Business Committee, with a vote reflecting 6 yes, ----'0'-----_ no, 1 abstaining, and ° absent.

F. Ilmore, Secretary-Treasurer • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (918) 542·1853 Quapaw, OK 7<1363·0765 FAX (918)542'4694

Resolution Number 091599~

A RESOLUTION SUPPORTING THE CHEYENNE and-ARAPAHO TRlBES ENDEAVOR TO RECLAIM THEIR LANDS

WHEREAS: The Cheyenne and Arapaho Tnbes never sold. never ceded and never gave up Iheir Folt Reno lands: and

WHEREAS: The Tribes are engaged in an orderly federal process to recover the Agriculture-held Fort Reno lands:

WHEREAS: The Interior Secretary and SoliCItor sent Iheir opinion to the Agriculture Secretary six months ago. fmding th31 the Tribes have a credible. equitable claim and that the lands could be returned now under Ihe Surplus Property Act: and

WHERAS: The Senate passed Agriculture Appropriations bill's Section # 739 would strip the Agriculture Secretary's authority under the Surplus Property Act for one purpose only keeping the Cheyenne and Arapaho tribes from recovering part of their Folt Reno lands: and

WHEREAS: Might lIoes not make right and a sneak attack on any Indian nation poses a Ihreat to all Indian nations: • NOW, THEREFORE, BE IT RESOLVED that the Quapaw Tribe of Oklahoma stands WIth the Cheyenne Arapaho Tribes ofOklahoma and strenuously objects to rider # 739 ofthe Senate Agriculture Appropriations biU, whieh would under mine the Tribe's efforts under longstanding federal law to recover their Agriculture held Fort Reno lands, and whieh would strip the Agriculture Secretary's statutory authority to return the lands to the Tribes; and

BE IT FURTHER RESOLVED that the Quapaw Tribe ofOklahoma strenuously objects to the shameful targeting ofthe Cheyenne-Arapaho Tribe's lawful federal protections under SwpIusProperty Act, and ,iew rider #739 as a raw display of power to bring the weight of the United States to beai against the Cheyenne and Arapaho Tribes; and

BE IT FURTHER RESOLVED that the Quapaw:Tribe ofOklahoma urges the House-Senate conferees on Agriculture Appropriations to remove this sbanld'uJ, unconscionable rider, and

BE IT FINALLY RESOLVED that the Quapaw Tribe ofOklahoma will

CERTIFICATION

Adopted by the Quapaw Tribal Business Committee at a Regular Business Committee meetin September 15, 1999 with a vote reflecting _6_ yes, _0_ no, _0_ . . g, _l~.""''''''f/ ~ Ed RodgeIS, C . • Quapaw Tribal Bus s Committee QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (918) 542-1853 Quapaw, OK 74363-0765 Resolution 082 199-A FAX (918) 542-4694

A RESOLUTION SUPPORTING AATI REQUESTING THE QUAPAW TRIBE'S PARTICIPATION IN THE U.S. DEPARTMENT OF THE INTERIOR'S TRffiAL SELF-GOVERNANCE PROGRAM

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe ofOklahoma is a federally recognized Indian Tribe, and

WHEREAS, advancing the health, safety, welfare and education ofthe people of the Quapaw Tribe of Oklahoma are responsibilities of the Quapaw Tribal Business Committee, and

WHEREAS, the Quapaw Tribal Business Committee desires to more effectively and efficiently manage its governmental and tribal affairs without unnecessary bureaucratic • regulatory requirements and oversight activities ofthe Bureau of Indian Affairs, and WHEREAS, the provisions of Title III ofP.L. 100-472 authorizes the transfer of Programs, Services, Activities and Functions ofthe BIA to participating Tribal Governments, and

NOW BE IT THEREFORE RESOLVED THATTHE QUAPAW TRIBE OF OKLAHOMA SUBMITS THIS RESOLUTION TO THE DIRECTOR, OFFICE OF SELF-GOVERNANCE, U. S_ DEPARTMENT .QFTHE INTERIOR TO BEGIN PARTICIPATION IN THE TRIBAL SELF-GOVERNANCE PROGRAM.

CERTIFICATION

I hereby cenify that the foregoing resolution was passed at a regular meeting of the Tribal Business Committee of the Quapaw Tribe of OIdahoma on this 21st day of AUGUST 1999 with a vote reflecting _7_ yes, _o_no, _O_abstaining ° absent • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

Box 765 (918) 542·1853 Quopow, OK 74363·0765 FAX 1918) 542·4694

RESOLUTION NO. 082199B

A RESOLUTION TO SUBMIT THE REQUEST FOR FEDERALLY APPROPRIATED FUNDS FOR ATTORNEY FEES FOR NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION (NRDAR) REPRESENTATION

WHERAS. the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS. the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS. the Quapaw Tribal Business Committee is thus empowered and obligated • to transact Tribal business including attorney contracts; and WHEREAS, the Tribe employs the law finn of Gardere & Wynne, L.L.P as the legal council on all aspects of Natural Resource Damage Assessment and Restoration (NRDAR) issues.

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the special meeting of the Quapaw Tribal Business Committee on September I, 1999, with a vote reflecting ----"'-6__ yes, 0 no, 0 abstaining, and 1 absent.

8L~ Ed Rodgers, Chairm~ Quapaw Tribal Business Committee •

• QUAPAW TRI8E OF OKLAHOMA

PO. Box 765 19181 542·1853 Quapaw, OK 74363-0765 FAX 19181542-4694

Resolution Number 080699-A

Whereas, the Business Committee of the Quapaw Tribe of Oklahoma is committed to the prosperity of the Quapaw Tribe of Oklahoma. and

Whereas, the National Indian Gaming Act of the Federal Government of the United States of America has authorized Federally recognized American Indian Tribes to operate Class III gaming enterprises for the benefit of those Tribes so recognized and approved, and

Whereas, the Quapaw Tribe of Oklahoma has a legitimate and historic interest and claim to territory located within the State of Arkansas, and

Whereas, the Quapaw Tribe of Oklahoma finds the Wolf Tree Development Company, Inc. to be a suitable and acceptable partner for the development and management of such a Class III gaming enterprise, in a manner approved by the National Indian Gaming Act • and other pertinent Federal legislation, Now, therefore be it resolved, the Quapaw Tribe of Oklahoma will work exclusively with Wolf Tree Development Company, Inc., as development and management partner,

And be it further resolved, the Quapaw Tribe of Oklahoma will pursue through all means possible and available, the success of a ClassIII gaming enterprise to be located on the Tribe's ancestral land now located within.the State of Arkansas.

CERTIFICATION

The above resolution was presented and duly adopted by the Quapaw Tribal Business Committee during a Special Meeting held on August 6, 1999 with a vote reflecting .~ yes, ~ no, ~ abstaining,.:3 absent.

Ed Rodgers:=Chairm';t;s • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

PO Box 765 1918) 542-1853 Quapaw, OK 74363-0765 FAX (918) 542-4694

RESOLUTION NO. 080499 A

WHEREAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe is a federally recognized Indian Tribe eligible for program funds, by authority of P.L. 93-638; and

WHEREAS. the Quapaw Tribe is committed to provide safe and decent housing for tribal members and other Indians within our service area; and

WHEREAS, the Quapaw Tribe ofOklahoma has contracted their portion ofthe Housing Improvement Program (HlP) funds from the Bureau of Indian Affairs, Miami Agency; and

WHEREAS, the Quapaw Tribe has completed an up-to-date housing inventory on May I, • 1999, and has obligated and expended all prior year HIP funds; and WHEREAS, the Quapaw Tribe is submitting with this resolution an accurate and viable work plan and a revised and updated Housing Inventory list within the Quapaw Tribal boundaries; and

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma certifies this inventory is correct to the best of our knowledge.

CERTIFICAnON

The aforementioned resolution was passed at a meeting ofthe Business Committee ofthe Quapaw Tribe of Oklahoma on with a vote of for, _ against, abstaining, and absent.

Ed Rodgers, Chairman Quapaw Tribal Business Committee

ATTEST

Harry F. Gilmore, Secretary-Treasurer • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

P. . Box 765 (918) 542-1853 Quapaw, OK 74363-0765 FAX [918} 542-4694

RESOLUTION NO. 072999 A

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution, that was duly adopted by the Quapaw Indian Council on August 19, 1956, and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on behalfofthe Quapaw Tribe, and

WHEREAS, the Quapaw Tribe is a federally recognized Indian Tribe eligible for program funds, by authority of P.L. 93-638, and

WHEREAS, the Quapaw Tribe is committed to provide safe and decent housing for tribal members and other Indians within our service area, and

WHEREAS, the Quapaw Tribe ofOklahoma has contracted their portion ofthe Housing Improvement Program (HIP) funds from the Bureau of Indian Affairs, Miami Agency, and

WHEREAS, the Quapaw Tribe has completed an up-to-date housing inventory on May I, 1999, and has obligated and expended all prior year HIP funds

• WHEREAS, the Quapaw Tribe is submitting with this resolution an accurate and viable work plan and a revised and updated Housing Inventory list within the Quapaw Tribal boundaries, and

NOW THEREFORE BE IT RESOLYED, that the Quapaw Tribe certifies this inventory is correct to the best of our knowledge.

CERTIFICATION

The aforementioned resolution was passed at a meeting ofthe Business Committee ofthe Quapaw Tribe of Oklahoma on with a vote of for, _ against, abstaining. and absent.

Ed Rodgers, Chairman Quapaw Tribal Business Committee

ATTEST:

Lloyd Buffalo, Viee Chairman • Quapaw Tribal Business Committee --cr-·'TI~,\i.AL FOAM D~ IHI~O)------;'===. I FAX TRANSMITTAL ["''''".~ _ T, I "'~~. '/LS,rfIL, United States Depa

ATION IUIIAU 011 • Miam P.O. t!ox ,Yl Miami, Oklahoma 74355

July 26, 1999

Mr. David Watson, fill' Coordinator Quapaw Tribal Business Committee P.O. Box 765 Quapaw, OK 74363

Dear Mr. Watson:

On July 22, 1999, I spoke wilh Mr. Curtis Wilson, Contracting Ofticer, Muskogee Area Office regarding the amelldmenlto your position description a HIP Director. The purpose ofthe amendment as you requested is to allow you to conduct Lead-Based Paint InspectionslRisk Assessments for the Quapaw Tribe and other area Tribes, at cost.

It is our understanding that the fees collected for these services will be placed back into the HlP • program, in a separate account for audit trail purposes. These funds will be used for maintenance ofthe equipment, supplies, lab fees and other deemed expenses included re-sourcing of the XRF LLBP Analyzer machine in the HIP program,

Mr. Wilson also requested that this be included in the scope ofwork ofthe new contract. This contract will be prepared after the arrival of the new grants/contracts specialist at the Miami Agency, after August 29, 1999. This letter will serve as your authority to conduct these services, until such time as the new contract is prepared. Ifyou have any questions, please give me a call at 918/542-2108, Sincerely, ~~~ndent ce: ____ ~ S~th, Comptroller, Quapaws Curtis Wilson, BIA, Musk. Area Off., Contracts • 071499A PO Box 765 19181542.1853 Quapaw, OK 74363·0765 FAX (918) 542·4694 A RESOLUTION AUTI-lORlZlNG DAVID McCULLOUGH TO REPRESENT THE TRIBE IN NEGOTIATIONS RESOLVING LITIGATION BROUGHT BY JOHN RYALS OYER TAXATION BY THE STATE OF OKLAHOMA OF FUEL SOLD TO AJ'ID BY TRIBES OPERATlNG IN THE STATE OF OKLAHOMA

WHEREAS. John Ryals. an enrolled member of the Citizen Potawatomi Nation. has sued the Oklahoma Ta' Commission asserting that House Bill 2208. a bill imposing a tax on motor fuel wholesalers, enacted in response to the United Slates Supreme Court's decision in Oklahoma Tax eommis.'Oion v. Chickasaw Nation, 515 U.S. 450 (1995) conflicts with Oklahoma constitutional law to the detriment of Indian tribal members.

WHEREAS. the District Court of Oklahoma County dismissed the suit by Ryals for lack of standing and other reasons,

WHEREAS. the Court of Civil Appeals (Division No. I) for the State of Oklahoma has entered a decision reversing and remanding the dismissal order holding that the contract with Indian tribes authorized by HE 2208 "do not poss constitutional muster" in Case Number 92,775,

WHEREAS. the tribe has not entered in to the contract authorized by HE 2208, but is presently selling motor fueL

WHEREAS. Ryals has expressed an interest in settling the litigation in a way that would require non • contracting, fuel selling tribes to enler compacts "'ith the State of Oklahoma, WHEREAS. the tribe is interested in a compoCl with the State of Oklahoma for the purpose allowing the tribe to purchase and sell fuel that has not been taxed by the State of Oklahoma and is willing 10 agree to impose a tax On its suboequent fuel sales equaI to or greater that the fuel tax imposed by the Slate ofOklahoma,

NOWTI-lEREFORE BE IT RESOLYEO BY the Quapaw Tribe of Oklahoma thaI David McCullougb, an attorney with the law firm of Michael Minnis & Associates, P. C, who is the attorney of record for Ryals in said litigation, is hereby authorized to represent the tribe during negotiations with the Slate of OIdahoma and the Oklahoma Tax Commission in attempting 10 settle the litigation initiated by John Ryals including negotiating a compact with the State of Oklahoma 10 resolve fuel taxation issues for presentation to the governing body of the tribe.

CERTIFlCATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and adopted at a Special Meeting of the Quapaw Tribal Business Committee on this ~LL day of ;:II.!. \ ~ 1999, with a vote reflecting ~es, ~no, ~ ahstaining, I absent

! Q~J Ed Rodgers, C~ • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

P,O. Box 765 (9161542-1853 Qvopaw, OK 74363-0765 Resolution Number 070499--,A-,--_ FAX (91 8) 542-4694

A RESOLUTION TO AMEND THE GOVERNING RESOLUTION OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Governing Resolution delegales authority to the Quapaw Tribal Business Committcc to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe ofOklahoma is a federally recognized Indian Tribe; and

WHEREAS, it is expensive and inconvenient for members ofthe Quapaw Tribe ofOklahoma 10 meet in General Council when it is necessary 10 transact tribal business; and

WHEREAS, Section XI of the Governing Resolution reads: The regular meeling of the Quapaw Tribal Business Committee shall be held at a place and time to be determined by the Chairman, with proper notice to the members ofthe C6mntittce during the months ofJanuary, April, July, and October, unless • otherwise provided by resolution; and WHEREAS, Section XIV of the Governing Resolution reads: The Governing Resolution may be amended by a majority ofthe qualified voters ofthe Quapaw Tribe of Indians of Quapaw blood and on the approved Quapaw rolls voting at all election called for that purpose by the Chairman of the Tribal Business Committee: and

WHEREAS, there is a need to atnend the Governing Resolution, to transact tribal business on a monthly basis; and

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe ofOklahoma atnends Section XI of the Governing Resolution to read: A regular montWv meeting of the Quapaw Tribal Business Committee shall be held on the third Saturday ofeach month, with proper notice to the members of the Committee.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted at the General Council mccting of the Quapaw Tribe of Oklahoma on July 4, 9 9, by majority v ("~Q~ '" Ed Rodgers, Ch an • Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

ox 765 1918) 542·1853 Quapaw, OK 74363·0765 FAX [918) 542·4694

RESOLUTION IN SUPPORT OF APPLICATION FOR FUNDING CNDER US. DEPARTMENT OF HEALTH AND HUMAN SER\t1CES ADMINISTRATION FOR CHILDREN AND FAMILIES CHILD CARE DEVELOPMENT FUND

061999 NO.

WHEREAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe, and

WHEREAS, the Quapaw Tribal Business Committee is authorized to act on behalf of the Tribe, and

WHEREAS, there is a critical need to develop and provide child care development for Indian families in the area; thus providing and improving child care which is almost non-existent in this area, and • WHEREAS, this program is submitted for consideration for development, and WHEREAS, the chairperson or his designee is authorized to review this application and any amendments thereto, and approve and sign narrative reports and fiscal management instruments, and submit, and

WHEREAS, authorizations shall remain in effect until such time as the Quapaw Tribal Business Committee chooses to withdraw said authorizations by resolution.

NOW THEREFORE, BE IT RESOLVED, that the Quapaw Tribe ofOklahoma supports the application for Child Care Development.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma, being presented at a meeting of the Quapaw Tribal Business Committee on June 19, 1999, with a vote reflecting ·1 es: ~no: _o_abstaining. _lc4 I ~

Lloyd Buffalo, Vice C an ~ Q.s • ATTEST: - Ed Rodgers, Chai~ QUAPAW TIl18E OF OKLAHOMA

1918) 542-1853 po. Box /65 FAX 19181542-4694 QuapaW, OK 74363-0765

April 28, 1999 HA~! TO WHOM THIS ':..,' ,"","::"CERN: ( As Chainnan of the Quapaw Tribal Business Committee, I hereby delegate Mr. Sonny Glass, Tribal Administrator, as an authorized representative for the Quapaw Tribe of Oklahoma. Mr. Glass is authorized to explore, negotiate and vote on all issues with regards to the meeting being held, with the Bureau ofIndian Affairs, Muskogee Area Office.

• Sincerely,

'I. Ed Rodgers, Chainnan ,,' Quapaw Tribal Business Committee .

• QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (9181 542-1853 Quapaw, OK 74363-0765 Resolution Number 052899-A FAX (9181 542-4694

Land Consolidation Plan for the Quapaw Tribe of Oklahoma

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution thaI was duly adopled by lhe Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee 10 speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the Qu3paw Tribe of Oklaho~ is a federally recognized Indian Tribe; and

WHEREAS, the Indian Land Consolidation Act ofJanuary 12,1983 (96 Stat.25 I5 Public Law 97-459), as amended, authorizes any tribe, acting through it governing body, with the approval ofthe Secretary to adopt a land consolidation plan providing for the sale, or exchange ofany tribal lands or interests in lands and the purchase ofpart or all of the interests in any tract oftrust or restricted land within that tribe's reservation or otherwise subj ect 'to that tribe's jurisdiction for the purpose of eliminating undivided ,fractional interests In Indian trust or restricted lands or consolidating its tribal land • holdings; and WHEREAS, theQJf~;aw Tribal Busine~s Committee deems it esse~tial to the Quapaw Tribe ofOklahoma and its memberst{j"adopta land consolidation plan pursuant to 96 Stat.25 15, PublicU,vf97-459, as amenoed; now ', .. ~'" . ~':: c"';" . THEREFOREBErr~RtsoLVED;'f.bilt the Quapaw Tribe ofOklah~ip.il'does hereby' adopt the attachedLan'dConsolidatidnPlan; now' . . . '\>-,

THEREFORE, BE IT FURTHERRESOLVED, tbatthe Quapaw Tribe ofOklahoma does request the Secretary of the interior approve the attached duly adopted Quapaw Tribe ofOklahoma Consolidation Plan.

CERTIFICAnON

The foregoing resolution of the Quapaw Tribe ofOklahoma was presel!te

t/=~E----"--~'f--'-~---=---,------,ac.:..:fI?---,~---,t?"'",v /~~~~"'A~:t:f:c1.L'~'.':1l~ rr:;. ~ lrman arry . Gilmore, Sec.lTreas. • Business Committee Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (9181 542·1853 Quapaw, OK 74363·0765 Resolution Nwnber 052899B FAX (9181 542-4694

Authorizing The Lease of Trust Land at 21 Eight Tribes Trail for the Constmction of a Building to House Fire Equipment for the Bureau of Indian Affairs and Authorizing the Chairman to Negotiate Lease on Behalf ofthe Quapaw Tribe of Oklahoma

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Conncil on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe; and

NOW THEREFORE .ITBE RESOLVED,)he Chairntanofthe Quapaw 'Fnk ofOklahoma is hereby authorized to negotiilte and execute a leaslJ'ii,t1qheBureau of Indian Affairs,'M,.iiuni Agency Superintendent for the maximuin term of y=.allOWable by·federallaw:.for the purpose of constructing a building to house the Miami Agency fire.equipmemand Such other uses as may be determined including storage and office space; and

BE IT FURTHER RESOLVED, fair annlUil rent is waived and the lease shall also contain a provision providing for a renewal for a like term of years with the same terms and conditions; and

BE IT FURTHER RESOLVED, that the Quapaw Tribe of Oklahoma requests that the Secretary of the Interior or this authorized representative approve said lease.

CERTIFICAnON The fOl"egoing resolution ofthe Quapaw Tribe ofOkJahoma was ptesented and duly adopted Quapaw Tribal Business Committee on this of .1999 w' a vote reflectin abstainin ~ absent. -- . . • QUAPAW• TRIBE OF OKLAHOMA •

P.O. Box 765 (918) 542·1853 Quapaw, OK 74363·0765 Resolution Number 051599A FAX 1918) 542·4694

Authorizing The Lease ofTrust Land at 21 Eight Tribes Trail for the Construction of a Building to House Fire Equipment for the Bureau of Indian Affairs and Authorizing the Chairman to Negotiate Lease on . Behalf of the Quapaw Tribe of Oklahoma

WHEREAS, the Governing Resolution delegates authoritY to the Quapaw Tribal Business Committee to speak and act on behalfof the Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma isa federally recognized Indian Tribe; and

WHEREAS, the QuapawTribal Business Committee supports the lease ofTrust land for the construction of a building to house the Miami Agency fire equipment and such other uses as may be determined including storage and office space. Said land is located on 21 Eight Tribes Trail, which shall consist ofthe following: A tntctofland containing I acre, more or less, located in the SE Y. of section 29, T28T, R23E,.lB. & M., Ottawa County, Oklahoma, described as beginning at a point from which the SE Y. of said Section 291ies, S46 degrees, 56 '53"W, a distance 1384.18', to a brass cap, thence SOl degrees 31 '10:' E216.13', thence NI8 degrees 00'20"W, 209.08', thence S73degrees 31 '39" W 226.87', thence S17 degrees 39' 05"E 208.66' thence N73 degrees36'30"E228.18' to the point ofbeginning. • ."...... "' .' ,." ':., '. . ' WHEREAS, the fiunt of proposed exteriorconSfuJ'ctionshlill be masonry. It is acceptable to have a partial masonrv and woodexlerior wall. The constniCtion shallcompliment the exi sting bullding located on 21 Eight tribesTrail; and . c... . .', y , • _ "'0 .'_ : __ • ,'_ • ," •- '"'" ~. • _. ',_., _" •• ~_. ~.;_:;.'. .' _ .. ",-. • NOW THEREFORE ITBE RESOLVED;'the.Chaimian ofthe'Quapaw Trlbeof Oklahoma is hereby authorized'to negonate and execute a lease.,~tli the.B".reau Qf pufuin Affairs, Miami. Agency Superintendent for·the maximum term of years'allowable by federal law for the purpose,ofconstructing a building to house the Miami Agency fire equipmenriuid'snch other uses as mav be determined including storage and office space; and . ~,.:,~.,,,. . "'. BE IT FURTHER RESOLVED, fair annualrent is waived and the lease shall also contain a provision providing for a renewal for a like term of years with the same terms and conditions; and

BE IT FURTHER RESOLVED, that the Quapaw Tribe ofOklahoma requests that the Secretary of the Interior or this authorized representative approve said lease.

CERTIFICATION The foregoing resolution ofthe Quapaw Tribe ofOklahoma was p~ted and duly adopted at the special scheduled meeting ofthe Quapaw Tribal Business Committee OIl May 15, 1999, with a v~-~ed.ing __ yes, __ no. __ abstaining, __ aoomt

Ed Rodga-s, Chanman Harry F. Gilmore, Sec.trre:as. • Quapaw Tribal Business Committee Quapaw Tribal Business Committee QUAPAW TRIBE OF OKLAHOMA

P. . Ilox 765 1918)542-1853 Quapaw, OK 74363-0765 FAX [918) 542-4694

,: ,~l. I , (,',._ ';-" .'- ,\"

'VIIEE1~J.~. t~i~ .~-Jjg!~'-~":l~' S:'.t~!:'y )'.::1 0f I ~}96; ~ ,r, ::-:'.C. Titk _~.: ....' :';~:0n J 1\:, ~~Ii.'·"~~:"'::~ I ,I. S. Departnlcnt of Tfansponativn iuwiiut:. LU J.ssiSl [r,,(j..iu rrib~~, .L~'- .~~:-;:u~~:lls 11is~n ...<.~.'. '~·.lffic suf:~.' rrQjcct~~. and

WIIERF;\S~ th~st: projects ;Ire designed t'.~ !"~duc:;; I he hig...l) nUffih:"'" I}f tralJ!c :~~~dents that result in fatalities, injuries and prc~rty lb.J21ug~ \vill1jJ.11Ii\.li~n ":l)lruhw~.ij.il.;::>, ...uKi

'YIIERE)'a.. S, the Quapaw Tribe (.,1" Oklaho111;l :ll"ipporb ih~ Gil:l',.,,·.l C01Ulty' SLt~~~ ~\Jjl:Cil1Ui1iti\;s Coalition's eff

WJIElU':.\5, the Ottawa County Sate Communities Co;;liticn "ill submit a proposal to the Bureau ofIndian AlIalrs, "Indian Iligh""ay Satezy Program", for funding of int:'ll1Lchild • C~ scat3~ , .

.'lOW THERE'FORE, BE IT RESOLYED, the Quapaw Trih of Oklahoma suppons the Ottawa County Safe Communities Coalition's dTon3 to prevent or reduce fatalities and injuries of fudian childten through the car seat usage program, and

BE IT FURTHERRESOLYED, that the Quapaw Tribe'~f Okbhot!'.a dC'es i>.<::rehv request the Bureau ofInoian Alfairs hOIllJr the provisions of the application sub~itkd bv the Onawa County Safe Comiminities Coalition for a car seat usag<= ;c-rc<;r:L'!1.

Cl\RTJFT(;AnON

The foregoing resolution 0fthe Quapaw Trihe of Oklahoma. being presented al a regularly scheduled Business Committee Meeting on April I?, 1999 with a vote reflecting -.k- yes; ~ no: Vabstaining; and -L... absent.

Ed Rodgers, Chairman b • Quapaw Tribal Business Comrninec QUAPAW T~n~E OF OKLAHOMA

p . Box 765 1918) 542·1853 Quapaw, OK 74363-0765 FAX (918) 542·4694

Resolution Number 041799 - ....l!.-.

Resolution Supporting the application for the Basic Library Services Grant From the Institute ofMuseum and Library Services

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution, that was duly adopted by the Quapaw Tribe on August 19, 1956 and, approved by the Commissioner ofIndian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is aware of the importance and need ofthe • proposed library activities in the Tribe's FY'99 application that will benefit area tribal members in technical assistance, Internet access and specialized training; and

NOW THEREFORE, BE IT RESOLVED that the Quapaw Tribe of Oklahoma supports the submittal of an application to secure funds for basic libnuy services from the Institute ofMuseum and Library Services.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe ofOklahoma was presented by motion and passed at a meeting ofthe Quapaw Tribal Business Committee on April 17, 1999 with a vote reflecting ~ yes, Q..- no, ---l abstaining, ...l....- absent. ~N9t6~ I Harry~ilmore,Sec./Treas. Business Committee Business Committee • Quapaw Tribe of Oklahoma Quapaw Tribe of Oklahoma QUAPAW TRIBE OF OKLAHOMA

P.. Box 765 (918) 542-1853 Quapaw, OK 74363-0765 fAX (9181 542-4694

Resolution Number 032099 - A

Resolution to Support the Miami Tribe of Oklahoma To Apply for the Enhancement Grant From the Institute of Museum and Library Services

WHEREAS, the Quapaw Tribe ofOklahoma is governed by a Governing Resolution, that was duly adopted by the Quapaw Tribe on August 19, 1956 and, approved by the Commissioner ofIndian Affairson September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalfofthe Quapaw Tribe; and

WHEREAS, the. Quapaw Tribe ofOklahoma is aware ofthe importance ofthe proposed activities ofthe Miami Tribe's FY'99 application that will benefit the area tribes in • technical assistance, Irnemet access and specialized training; and NOW THEREFORE; BE IT RESOLvEDtl1atthe Quapaw Tribe ofOklahoma wishes to corninue to be apart ofthe CHARLJE·.NetWorkand we support the Miami Tribe's submittal to secure-,li.llids for such e$allqelI\ent~, from the Institute ofMuseum and Library Services..;<,:, . ~'~i;!'< .• ..>

The foregoing resolution of the Quapltw;t~];~ofOkrahoma was presented by motion and passed at a meeting ofthe Quapaw Tribai',Bti;iness Committee on March 20, 1999 with a vote reflecting ~ yes, ~_ no, ~llbstaining, absent.

~~~--=,~Y-~=-=1!.':fG~£:,(J"t.J ~/fV"'Ij,.J -/2.-- ore, Sec./Treas.

'.' , Busines Committee Quapaw Tribe of Oklahoma • QUAPAW TRIBE OF OKLAHOMA

P . Ilox 765 {9181 542,1853 Quapaw, OK 74363,0765 Resolution Number 032099 -B FAX (9181542,4694

REQUEST FOR THE BUREAU OF INDIAo'l AFFAIRS TO PURSUE COURSE OF ACTION TO RELOCATE THE MIAMI AGENCY FACILITY TO THE INTER-TRIBAL COUNCIL (lTC) BUILDING AND AUTHORIZE THE CHAIRMAN TO NEGOTIATE THIS POSSmLE RELOCATION ON BEHALF OF THE QUAPAW TRIBE OF OKLAHOMA

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the QualXlw Indian Council on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalfofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe; and

WHEREAS, it is the desire ofthe Quapaw Tribe of Oklahoma for the Bureau of Indian Affairs, Miami Agency to be more accesSible to the tribal governments which they serve; and

WHEREAS, the Quapaw Tribe of Oklahoma supports the relocation of the Miami Agency staff and facilities from the Federal Building located at 34 A NE, Miami, Oklahoma. (0 the building presently known as the Inter-Tribal Council (ITC) building located at 21 North Eight Tribes Trail, Miami, Oklahoma and

WHEREAS, it is ihe desire of the Quapaw Tribe of Oklahoma that the Miami Bf3J)ch ofLaw Enforcement • to relocate to the Inter-Tribal Council (ITC) building along with the Miami Agency; and WHEREAS, it is the desire of the QuapawTnlleofOldaho1lla to provide land within the Eight Tribe Trail for the construction ofa storage garage fur wildland fire,equIpment, -'". '., ..,,, .

CERTIFICATION The foregoing resolution of the Quapaw Tribe ofOldahoma was presented aad.Qul.y adopted at the special scheduled meeting ofthe Quapaw Tribal Business Committee on MarcillQ, 1m, with a vote reflecting -.:Lyes, ~ no, ----S?... abstaining, ~ abseIl( ..'

Q~~ ~a: CIMr-Ao' JJ Ed~rs,~Y== Harry F. Gilmo CG,ffreas, • Quapaw Tribal Business Committee Quapaw Tri l.6usiness,Committee QUAPAW TRIBE OF OKLAHOMA

~IloX 765 (9181 542·1853 Quapaw, OK 74363-0765 Resolution Number 032099 0 fAX (918) 5.42-.469.4

Brownsfield Hazardous Site Identification

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe; and

WHEREAS, the QuapawTribe ofOk1ahoma is concerned with the environmental safety ofOttawa County, Oklahoma; and

WHEREAS, the. Brownsfield site needs, to be evaluated for hazardous materials;

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe of Oklahoma • supports the identification ofthe BrownsfieldHazardous site,

CERTIFICAnON

The foregoing ~esolu~ii~'~the Quapaw'Tribe dfQkI~homa waspreseritedand duly adopted at the Special scln::dll1edmeytillg ofthe Ql!ap'aw Tribal Business.pommittee on March 20, 1999, With a vote'reflectmg""?';xes; '0 '. no, ~~ abstaining,....<2.. absent '.., ,,;" ':).' . '. , ~. ,,., ..

/,fI>1'1.-1 1:.,,- Ed Rodgers, dfili?man F G" ore, Sec./Treas. Quapaw Tribal Business Committee Quapaw ribal Business Committee

(1' , J' • n. ..,

QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (9181 542·1853 Quapaw, OK 74363·0765 Resolution Number 032099 E FAX (918\542·4694

Authorizing the lease of Trust land located at 21 Eight Tribes Trail For the use ofthe Peoria Tribe and Authorization to negotiate lease on behalf ofthe Quapaw Tribe ofOklahoma

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governing Resolution that was duly adopted by the Quapaw Indian Cowlcil on August 19, 1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe; and

WHEREAS, the QuapawTribe ofOklahoma is a federally recognize.t Indian Tribe; and

WHEREAS, the Quapaw Tribe ofOidahoma supports the lease of Trust land to house the tribal office headquarters of the Peoria Tribe of Oldahoma Said land is located at 21 Eight Tribes Trail, which shall consist of the following: 3_64 :'Jeres more or less located in the SW 1..... sE If.i. of Section 29, T2'8N, R23E, LB. & M~ qttawaCOUDlY, OklahQtna•. bein!i described;\!1 follows: Begimtingat a point 640.02 fe~ N 01 31'lO"W and j:20.22 feet'East afme SW comer ofthe SE y.j, of said sed.ion 2:'6,thmceNlso34'21" E

NOW THEREFqR.E:B.E IT RESqJi~\the Chairman of the QuaP'!w Tribal. Business Committee is herebY a~tl) .negotiate.:4lif e~~ute a ie~With the Peoria Tri~pf Oklahoma for the maximum term QfYeaIsa:uowaWe;bY'fedei;!!'(o,i't1i~PurPoseOfjitrihlj;adnlinistrativ;,;reserve and to promote tribal selfdetermiiiaililiL'Fair8l1llliat;rrnw is. Wa'ived1iJidtbelease shall alSo'aiotain a provision providing for a renewal for a like term-OI'y~~ihme.Same ~rmS aiJd conditions; and· , . ; ·;:.'-))(:\;t~~~:·-·,·.;;";-·~::";~"_'· ',,':.:"> . ' BE IT FURTHER RESOLVED, tlie~wTribe ofOklahoma requests that the Secrelaly of the Interior or this authorized representative approve said lease.

CERTIFICAnON

The foregoing resolution ofthe Quapaw Tribe of Oldahoma was presented aiJd duly adopted at the special scheduled meeting of the QualXlw Tribal BusineSs Committee ch 20, 1999, with a vote reflecting ..l..yes, <::> _ no, --.Q. abstaining, ~ a~nt 2LQ~ 0e, ICe:-()~ t Ed Rodgers, Cha""ir~~-""'=-~- Hany F. G' ore, Sec.lTreas. Quapaw Tribal Business Committee Quapaw ribal Business Committee QUAPAW TRI8E OF OKLAHOMA

PO. Box 765 (918) 542·1853 Quapaw, OK 74363·0765 Resolution Number 032099 F FAX (918) 542·4694

SALE OF PEORIA TRIBE OF OKLAHOMA LEASE HOLD LOCATED AT 21 EIGHT TRIBES TRAIL TO THE MIAMI TRIBE OF OKLAHOlVIA AND AUTHORIZATION TO NEGOTIATE LEASE

WHEREAS, the Quapaw Tribe of Oklahoma is governed by a Governiog Resolution that was duly adopted by the Quapaw Indian Council on August 19; 1956, and approved by the Commissioner oflndian Affairs On September 20, 1957; and

WHEREAS, the Governiog Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the QuaI:ow Tribe; and

WHEREAS, the Quapaw Tribe ofOklahoma is a federally recognized Indian Tribe; and

WHEREAS, to promote' the common welfare of the Peoria Tribe it is in the best interest of the Tribe to sell the Leasehold interest and improvement of the following described land: •

,.' . BE IT FURTHER RESOLVED, the Quapaw Tribe of Oklahoma requests that the Secretary of the Interior or this authorized representative approve said sale.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented and duly adopted at the special scheduled meeting of the Quapaw Tribal Business Committee March 20, 1999, with a vote reflecting ~ yes, ~ no, ~ abstaining, _ 0 ahsent' . , " 2~ Q,J, J., ~-01 ~ f.,tL Ed Rodgers, Cha~n e, Sec./Treas. • Quapaw Tribal Business Committee a Business Committee QUAPAW TRIBE OF OKLAHOMA

p . Box 765 (9181 542·1853 Quapaw, OK 74363·0765 FAX (9181 542·4694 RESOLUTION NO. 032099J:L

Endorsement for Mr. Lynn Burris, Muskogee Area CFR Magistrate

WHEREAS, the Quapaw Tribe ofOklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution that was duly adopted by the Quapaw General Council on August 19, 1956; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalfofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee does endorse the appointment ofMr. Lynn Burris, to the position ofMuskogee Area CFR Magistrate, serving the Miami Agency, and

WHEREAS, the MiamiCourt ofIndian Offenses holds jurisdiction over the Eight Northeast Tribes, so comes this resolution. • NOW THEREFORE BE IT RESOLYEO, the endorsement for Mr. Lynn Burris, as Muskogee Area CFR Magistrate Judge by confirmed.' . ..

".: .

. CE~TmCATION' . ..,.... ,.' The foregoing re~iution oftheQuapawTribtiofOklilhoma waSpresented'ata special meeting of the Quapaw Tribal Business Committee on::?':-'-"2..<;;>- q, ,with a vote reflecting ~ yes, ~. no, ~ abstaining, and ~'a_..·..... ~Q~ Ed Rodgers;:~ Quapaw Tnbal Business Committee ~ ~E:' ~ f~llIIA-' !l~" e, Secretary-Treasurer Business Committee -. " QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (9181542-1853 Quapaw, OK 74363-0765 FAX 1918) 542-4694 RESOLUTION NO. 022099 A

A RESOLUTION TO SUPPORT THE SIGNING OF THE PROPERTY ACCESS CONSENT AGREEMENT WITH THE EPA FOR BEAVER SPRINGS PARK AND THE TRIBAL COMPLEX

WHEREAS. the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf ofthe Quapaw Tribe; and

WHEREAS. the Business Committee ofthe Quapaw Tribe is committed to the protection ofthe environment and conservation ofnatural resources within Tribal Lands by Treaty with the United States of America,

NOW LET IT THEREFORE BY RESOLVED. that The Quapaw Tnbe of Oklahoma supports the signing ofthe Property Access Consent Agreement with the U.S. Environmental Protection Agency (EPA) to allow them access to Beaver Springs Park & the TribalComplex, which • includes the Pow-Wow grounds to perform soil sampling for lead and other toxic heavy metals. CERTIFICATION

The foregoing resolutionio.fthe Quapaw,T6Be 6fOklahornawas presented at the special meeting ofthe Quapaw TribalBtisirless Committe¢ onFebnJ,ary 20;-1999;with a v:Ote reflecting ·1 .. yes, 0 no,' o abstaining; ajj(!" 0 ~bsent. ..

. : .. ~. ~ .:.;

Ed Rodgers, Chairman Quapaw Tribal Business Committee COpy

arry F. more, Secretary-Treasurer Quapaw Tribal Business Committee • ... It.

• QUAPAW TRIBE OF OKLAHOMA

PROPERTY ACCESS CONSENT AGREEMENT

THIS 20th day of February, 1999, by authority ofthe Quapaw Tribal Business Committee, permission is hereby granted to the United States Environmental Protection Agency, Region 6, 1445 Ross Avenue Suite 1200, Dallas, Texas 75202-2733 (hereinafter called the "EPA"), under the conditions and agreements contained herein, to enter upon and perform work on the following described lands:

NE Yo SE Yo, Section 6, Township 28 North, Range 24 East, Ottawa County, Oklahoma Otherwise described as: Beaver Springs Park & Tribal Office which includes the Pow Wow grounds.

This Agreement is for the purpose ofperforming response actions to identify possible soil lead contamination on the above-described lands, shall take effect and begin on the date of approval by the Quapaw Tribal Business Committee. Work shall be completed no later than March 22,1999. • It is agreed that this Agreement grants access for the purpose ofallowing the EPA and its authorized representatives to perform soil sampling as described in the EPA Record of Decision issued Augnst 27, 1997 (and any amendments thereto), on the above-described lands.

It is further agreed that the EPA or its authorized representatives may place equipment on the lands and remove same within thirty (30) days after the termination ofthis work, provided that upon failure ofthe EPA or its authorized representatives to remove the structures or equipment within the period fixed, they shall become the property ofthe landowners.

While the premises are in trust or restricted status, all ofthe EPA or its authorized representatives' obligations under this Agreement, and the obligations ofhis sureties, are to the United States as well as to the owner(s) ofthe land.

Nothing contained in this permit shall operate to delay or prevent a termination of Federal trust responsibilities with respect to the land by the issuance ofa fee patent or otherwise during the term ofthe work; however, such termination shall not serve to terminate the work. The owners of the land and the EPA or its authorized representatives and his • surety or sureties shall be notified ofany such change in the status ofthe land. ",

The EPA or its authorized representatives agree that he will not use or cause to be used • any part ofthe premises for any unlawful conduct or purpose.

U.S. Environmental Protection Agency Date Region 6

2-20-99 Ed Rodgers a Date Quapaw Tribal Chairman • Quapaw Tribe ofOklahoma

• • INTEROFFICE MEMORANDUN To: Sonny Glass Tribal Administrator «;;/ir From: Earl Hatler Environmental Program Director

Dale: 2-17-99

Re: Property Access Consent Agreement

Attached, please find an EPA Property Access Consent Agreement, and a supporting Tribal Resolution. The purpose of this Agreement is to allow the U.S. EPA access to the Tribal Complex, camp grounds and Pow Wow grounds for the purpose oftaking soil samples. The samples will be analyzed for Lead and other toxic heavy metals typically found in mining waste from our area. This work will begin immediately and take no more than 30 days to complete. • Benefits to the Tribe: Iflead contamination exist in the area, this project will provide that infonnation

This is only an investigation. No cleanup work will be stated without a separate agreement.

The Tribal Business Committee will know whether the area is safe for young children during the Pow Wow and other events.

If contamination is found, and the Business Committee accepts EPA's cleanup plan, the area could be improved (including new roads).

Cost to the Tribe:

Neither the sampling nor the cleanup ofthe area will be at any expense to the Quapaw Tribe. .,

QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (9IBI542·1B53 Quapaw, OK 74363-0765 fAX [91 B) 542·4694 RESOLUTION NO. 022099.fi

A RESOLUTION TO ENTER INTO A SPECIAL SERVICES ATTORNEY CONTRACT WITH GARDERE & WYNNE, L.L.P, TO PROVIDE NONLITIGATION, LEGAL SERVCIES REGARDING ENVIRONMENTAL MATTERS

WHERAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution adopted by the Quapaw Indian Council on August 19,1956, and approved by the Commissioner ofIndian Affairs on September 20, 1957; and .

WHEREAS, the Governing Resolution delegates authority t~ the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and obligated • to transact Tribal business including attorney contracts; and ' WHEREAS,.'it was Jlloved in the Quapaw Tribal Business Coffimittee to engage and retain the law firm o(bardere & '¥Yillle, L.L.P.(hereinafter referred to as "Gardere"); and . . , .;. ' "'.' . . . ,.; ",': ,',', ," '.' WHEREAS, Gardere,hli$,()ffered and agreed to provide to the Quapaw Tribe on a pro bono basis, withoutdk!.igiiJg for hourly professionallegal fees, up to 200 hours of legal services and consultatiorireg3rding'poteniia(idiiim$-bythe Quapa\yTribe for natural resources damagesand involvmga riatUralresoiirces 'damages action '(it "NRDA" action), provided that the Quapaw Tribe sh31Lpa};'~xpensesoiher than professional hourly fees incurred in such representation; and .'".

WHEREAS, Gardere and the Quapaw Tribe have agreed that such a legal representation shall not include legal representation in any litigation; and ., . WHEREAS, Gardere shall associate in its.representation of the Quapaw Tribe with the National Energy-Environment Law and Policy Institute ("NELPI") at the University of Tulsa College of Law, which has also agreed to provide legal services pro bono to the • Quapaw Tribe concerning environmental matters; and . ~ ."",

WHEREAS, the Attorneys shall limit their representation of the Quapaw Tribe to specific legal tasks and costs and expenditures as approved by the Chairman of the • Business Committee or by his designated representative; NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribal Business Committee enters into a binding agreement with the law firm of Gardere & Wynne, L.L.P., 200 ONEOK Plaza, 100 W. Fifth Street, Tulsa, Oklahoma, 74103-4240, with the stipulations as set forth in the Special Services Attorney Contract bound by signature of both parties.

CERTIFICAnON

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the special meeting of the Quapaw Tribal Business Committee on February 20, 1999, with a vote reflecting lP yes, 0 no, I abstaining, and 0 absent.

Ed Rodgers, chliiiimfi • Quapaw Tribal Business Committee

• C:"'RD"ERE & WYNNE, L.L.P. DALLAS ~OOO ATTORNEYS AND COUNSELORS THANKSGIVING TOWER 1661 ELM STREET DALLAS, TEXAS 7:\201-4761 20~NIOK PL.... ZA 214-999-3006 lO"ST FIFTH STll£t.T HOUSTON TULSA, OKLAHOMA 74103·4240 THREE ALLEN CENTER 918-699-2900 333 CLAY AVENL'E, SUITE BOO TCU:COPIER SI8-699-29'29 HOUSTON, TEXAS 77002-4086 , 13-308·5::;00

WRIT(II.'.:! DllllCT DIILL NU~UH:P. MEXICO CITY 918-699-2934 RIo PANUCD No. , COL. CUAUHT~MOC 06!>OO MEXICO. D.F, February 23, 1999 all {52.5) S46~802S

YIA TWO·DAY PRIORITY MAIL Ed Rodgers, Chairman Quapaw Tribe of Oklahoma Business Committee P.O" Box 765 Quapaw, Oklahoma 74363

Re: Legal Representation of Quapaw Tribe in Tar Creek NRDA Evaluation

Dear Mr. Rodgers:

I want to tell you how pleased we are that the Tribal Business Committee has decided to engage Gardere & Wynne, L.L.P., to assist in a legal representation involving the Tar Creek Superfund site. I am enclosing, for your review and signature • by each of the appropriate authorities, our firm's client engagement letter for this representation, the special services attorney contract, as approved by the Business Committee, and a final form of the resolution approving the retention of Gardere & Wynne. Please note that we have made the change the Business Committee requested in the last sentence of paragraph 8 of the contract.

If you will return to me signed copies of both the contract and the resolution, we will handle the processing by the Bureau of Indian Affairs. In addition, please return a signed copy of the engagement letter to me for our files. We appreciate very much the opportunity to represent the Quapaw Tribe of Oklahoma in this significant environmental matter.

Sincerely,

• LWLlskv

36S12.1 Mr. Ed Rodgers • February 23, 1999 Page 2

Enclosures

cc: Sonny Glass (w/enclosures) Earl L. Hatley (w/enclosures)

•

• 36812.1 • DRAFl': February 16, 1999 (10:50AM)

February 16, 1~99

Ed Rodgers, Chairman Quapaw Tribe of Oklahoma Business Comrruttee P,O. Box 7GS Quapaw, OK 74363

Re: Pro Bono Representation of Quapaw Tribe of Oklahoma

Dear Mr. Rodgers:

The Quapaw Tribe ofOklahoma (the "Quapaw Tnbe') has requested and authorized Gardere & Wynne, • L.L.P. ("Gardere"), to serve as volunteer attorneys ("Attorneys") to represent the Quapaw Tribe on a pro bono (no hourly fee charged) basis in the matter and on the terms tIS set forth below. The representation authorized herein shall be in the following matter:

Gardere shall represent the Quapaw Tribe by providing advice and consultation with regard to the evaluation ofpotential natural resource damage claims ('NRDA" claims) associated with tribal lands. In addition, Gard= shall provide adviCe and consultation regarding the formation mdlor operation ofa NRDA council or councils for the tn-state region involving the Tar Oeek Superfi.md site. Further, Gardere will provide appropriate technical and scientific s~ort.

'This representation ",-ill be limited to general consultation concerning the law and leg-al procedure, advice about strategy, legal research, drafting ofcorrespondence and legal memoranda, and attendance at meetings. This representation specifically will not include :filing or prosecution ofany litigation Or appearance in any court oflaw by Gardere on behalf of the Quapaw Tn'be. Should the Quapaw Tnoe decide to pursue litigation involving the above-referenced matter or related matters, and should the Quapaw Tribe wish to retain Gardere in any sl.'ch litigation, a separate agreement shall be negotiated and entered into between the Quapaw Tn'be and Gardere.

Gardere will pot seek any reimbursement from 'the Quapaw Tribe for the professional fees incurred in this matter (the 'Project"). Go.rdere will represent the Quapaw Tribe in this matter lip to a maximum of • 200 hours without compensation or reimbursement for our professional services. However, the Quapaw Mr. Ed Rodgers DRAFT: February 16, 1999 (10:50AM) February 16, 1999 • Page2

Tribe agrees to reimburse Gardere for expenses, including the costs of technical support, incurred in the Project The Quapaw Tnoe shall pay and fully reimburse Gardere for costs and e:ellenses mcuned and approved in accord:mce with the Special Services Attorney Contract. Examples of such costs include: delivery costs, customary charges for copying, printing, long-distance telephone, telecopying and telex serviccs, and all computer work and associated technical work necessary in the preparation of demonstrative materials and other technical information in sUPPorl ofthe Quapaw Tribe's evaluation ofIl1ltur.l1 resolUces damages. The cost ofthese items will be billed to the Quapaw Tribe monthly on the same basis as charged to our other clients. A complete ,,-"'(planation of the basis ofsuch cr.2Iges may be inspected in our office at any time upon requc,t

Continued work by Gardere on the Project is conditioned upon current payment ofany and aU costs, out of-pocket expeoses and other charges for which the Quapaw Tribe has asslrrned responsibility. Should the Quapaw Tribe for

Either Gardere or the Quapaw Tribe shall be free to terminate this relationship at any time, for any reason whatsoever or without any reason, subject to reasonable notice. In the event of our withdrawal, Gardere shall be entitled to receive payment for any unpaid costs, out-of-pocket e:

There may arise circurn.s!Jl:nces during the coUrse ofGardere's representation ofthe Quapaw Tribe that • win require Gardere to withdraw from the representation in accordance with the Oklahoma Rules of Professional Conduct or other applicable professional standards. In such instances, as well as those mentioned in the preceding paragraph, Gardere will cooperate in the transfer of the matter to other counsel chosen by the Quapaw TnOe. However, Gardere assumes no obligation to obtain other counsel for the Quapaw Tribe in such event.

We recognize that Gardere shall be disqualified from representing any other client(i) in any matter which is substantially related to our representation ofthe Quapaw Tnoe or (ill with respect to any matter where there is a reasonable probability that confidential information the Quapaw Tnoe furnished to us could be usedto its disadvantage. TheQuapaw Tribe understands and agrees tha~ with those exceptions, Gardere is free to represent other clients, including clients whose interests may conflict with those ofthe Quapaw Tnbe in litigation, business transactions, or other legal matters. The Quapaw Tribe agrees that our representing it in a particular matter will not prevent or disqualify Gardere from representing clients adverse to the Quapaw Tnoe in other matters and that the Quapaw Tribe consents in advance to our undertaking such adverse representations.

Any expression.s on our part concerning the outcome of the legal matters of the Quapaw Tribe are expressions of our best professional judgment, but are not gual"ntees. Such opinions are necessarily limited by our knowledge afthe facts andare based On the s~te of the law atthc time they arc expressed. SPECIAL SERVICES ATTORNEY CONTRACT

This agreement is made and entered into on this the dayof _

• 1999, by and between the Quapaw Tribe of Oklahoma and Gardere & Wynne, L.L.P.• a law

firm, for the rendition of non-litigation legal services involving environmental matters.

WITNESSETH:

1. That the Quapaw Tribe of Oklahoma (hereinafter referred to as the "Tribe").

under the authority of Resolution No. (hereinafter referred to as the

"Resolution") adopted by the Tribe's Business Committee on the day

of __.. . 1999, authorizing the Chairman of the Tribe's Business Committee to

enter into a Special Services Attorney contract with Gardere & Wynne, L.L.P. (hereinafter

referred to as the "Attorney"), hereby contracts with, retains, and employs Attorney to

proVide legal advice and consultation in the matters hereinafter set forth. • 2. It shall be the duty ofAttorney to perform the following services, which are of a legal and/or advisory nature, in the legal matter (the "Matter") described as follows:

a. Attorney shall represent the Tribe by providing legal advice and

consultation with regClrd to the evaluation of potential natural resource damage

claims (hereinafter referred to as "NRDA" claims) associated with tribal lands.

Specifically, Attorney shall provide legal advice and consultation regarding the

formation and/or operation of a NRDA councilor councils for the tri-state region

involving the Tar Creek Superfund site.

b. This representation will be limited to general consultation concerning

the Jaw and legal procedure, advice about strategy, legal research, drafting of

• 33414.1 correspondence and legal memoranda, and attendance at meetings. In addition, • Attorney will provide appropriate technical and scientific support in this Matter. The parties have agreed that this representation will not include filing or prosecution of

any litigation or appearance in any court of law by Attorney on behalf of the Tribe.

Should the Tribe decide to pursue a lawsuit or litigation involving the

above-referenced matter or related matters, and should the Tribe wish to retain

. Attorney in any such litigation, a separate agreement shall be negotiated and

entered into between the Tribe and Attorney.

c. These special services shall not be deemed to include those of

General Counsel for and on behalf of the Tribe, or to authorize or require .. appearances as such before federal courts, tribunals, department agencies, and

committees of the Congress and the state legislatures. • 3. The Attorney in the performance ofthe duties required underlhis contract, shall be subject to the supervision and direction of the Chairman of the Business

Committee of the Tribe (hereinafter referred to as the ·Chairman") and/or the

Environmental Program Director of the Tribe (hereinafter referred to as the "Environmental

Director"), as specified herein and as proVided under the laws and codes of the Tribe and

any applicable federal laws and regulations.

4. The Attorney, SUbject to the approval of the Chairman and the Secretary of

the Interior or his or her authorized representative rnay employ for work hereunder such

attorney or attomeys as it may select, PROViDED, that neither the Tribe nor the United

States Govemment, is to owe any additional compensation by reason of such employment. • 33414,1 2 Attorney will associate in this Matter with the National Energy-Environment Law and Policy • Institute at the University of Tulsa College of Law, which also has agreed to provide legal services pro bono to the Tribe concerning environmental matters. Attorney anticipates

that foiJowing attorneys and other professionals employed by Gardere & Wynne, L.L.P.,

wi[l work on this Matter:

a. Lloyd W. Landreth, an attorney and partner of the firm Gardere &

Wynne, L.L.P., who specializes in environmental law.

b. Steven J. Adams, an attorney and partner of the firm Gardere &

Wynne, L.L.P., who specializes in environmental litigation.

c. Stephen R. Ward, an attorney of the firm Gardere & Wynne, L.L.P.,

who specializes in federal litigation, appellate practice, and administrative law. . .

d. J. Berton Fisher, Ph.D., a geologist and geochemist employed by • Gardere & Wynne, L.L.P., who speci<;ilizes in environmental matters. e. Other attomeys and staff members of Gardere & Wynne, L.L.P., who

may be assigned tasks in this Matter on an as-needed basis and as approved

pursuant to this agreement.

5. The Attomey has agreed to assume the legal representation of the Tribe in

the above-

the cost of the professional legal services to be rendered to the Tribe. as follows:

a. During the course of its representation in this Matter, the Attomey will

not seek any reimbursement from the Tribe for hourly professional legal fees

incurred in this Matter. The Attorney assumes representation in this matter on a pro • 33414.1 3 02/16/99 11:~~ ~~ 918 699 29~J V'_.' _

bono basis, provided that the Tribe assume the responsibility for certain reasonable • costs and expenses, which are described more fully below, other than hourly professional fees.

b. The Attorney will provide legal seNices to the Tribe in the

above-described Matter up to a maximum of 200 hours of professional legal i

seIVices rendered.

c. The Tribe agrees to reimburse the Attorney for costs and expenses

other than professional fees, including but not limited to: delivery costs; ClJstomary

charges for copying, printing, long-distance telephone calfs, telecopying and telex

seIVices, and postage and mailing costs; pre-approved travel expenses; and all

computer work and associated scientific and technical work necessary in the

development of the Matter and in support of the Tribe's evaluation of its potential • NRDA claims. d. Pursuantto the Resolution, the Chairman of the Business Committee

of the Tribe shall approve in advance any expenditures in this Matter in excess of

$250.

e. The Environmental Director shall provide day-to-day supeNision over

the Matter and over the Attorney's legal seNices, subject to the final approval of the

Chairman, and If appropriate, the Business Committee of the Tribe. The Chairman

may delegate to the Environmental Director the 3l:thority to approve, in advance,

certain expenses to be incurred in this Matter.

f. Except in emergency situations, advance approval shall be obtained

. -.~'-' ,.,.'. • 33414.1 4 Of' ''7 for any cost or expense in excess of $250. • g. The costs and expenses incurred by the Attorney will be biUed to the Tribe monthly on the same basis as such charges are billed to other clients of the

Attorney. A complete explanation of the basis of such charges may be inspected'

at Attorney's office at any time upon request.

h. Payment or reimbursement of expenses shall be made only upon the

submission of properly approved invoices. Expenses shall be itemized and verified

by the Attorney and shall also be approved by the Chairman.

6. No assignment of the obligations of the contract, in whole or part, shaU be

made without the consent, previously obtained, of the Chairman, with the approval of the

Secretary of the Interior or his or her authorized representative, nor shaU any assignment.

or encumbrance be made of any interest of the Attorney in the reimbursement of fees to • be paid under this contract, without such consent, PROVIDED, that if such an assignment of the obligations of this contract, or assignment or encumbrance of any interest in the

compensation to be paid is made in violation of the provisions of this paragraph, the

contract may be terminated at the option of the Secretary of the Inte.rior or of the TJil:J~, and

. no Attorney having interest in the contract or in the fee provided herein shall be entitled to

any compensation whatever for any services rendered or expenses incurred subsequent

to the date of termination.

7. This agreement shall terminate at the point the Attomey has incurred 200

hours of professional services, unless both Attorney and the Tribe agree, in writing, to

extend the number of professional hours at a rate of compensation to be determined. • 5 l.'_",,--,- .J .... .'

8. This contract may be terminated by the Attomey or the Chairman by giving • thirty (30) days written notice to the other party, the Secretary of the Interior or his or her authorized representative and to the Area Director, and if the contract shall be so

terminated, the Attorney shall receive such compensation for allowable expenses as the

Secretary ofthe Interior orhis authorized representative may determine equitably to be due

to date of termination. The termination of this contract under this section does not require

the approval of the Tribal Business Committee.

9. This contract may also be terminated for cause by the Secretary of the

Interior after a hearing on reasonable notice. If the Secretary finds that the interests of the

Tribe so require, he or she may suspend the contract and the payment of all allowable

compensation for expenses due to or accruing to the attorneys thereunder pending a

hearing which shall be held without unreasonable delay. • 10. It is mutually understood and agreed that payment of expenses under the term of this contract shall be contingent upon availability of funds.

11. The Attorney shall render to the Tribe and to the Secretary of the Interior or

his authorized representative a writlen report of the servic.e:;; rendered to the Tribe not less

frequently than semi-annually and at such other times as may be requested by the

Secretary of the Interior or his or her authorized representative.

12. The Attomey stipulates that all attomeys who will work on this Matter are fully

licensed members in good standing of the bar of the State of Oklahoma, and to the best

of Attorney's knowledge, no disciplinary proceedings have been instituted against any

attorney who will work on this matter by any bar association of any jurisdiction of the United • 33414.1 6 States or its territories which are pending and/or unresolved. and further that no attomey

who will work on this Matter has been disbarred or suspended form the practice of law in

• any jurisdiction in the United States or its territories.

13. This contract shall be in force retroactive'y from the date of approval for the

period of ______, 1999, to _ , 1999,

and subject to the approval of the Secretary of the Interior or his or her authorized

representative.

IN WITNESS WHEREOF, we have hereinafter set our hands and seals on this day

and year first written above.

AITORNEY:

LLOYD W. LANDRETH. attomey at law • On behalf of Gardere & Wynne, LLP.

QUAPAW TRIBE OF OKLAHOMA:

ED RODGERS, Chairman, Business Committee On Behalf of Quapaw Tribe of Oklahoma

BUREAU OF INDIAN AFFAIRS, MUSKOGEE AREA OFFICE:

AREA DIRECTOR

Approved pursuant to authority delegated by the Assistant Secretary for Indian Affairs in

~3414.1 7 •

~_ .. ' ..:'".' : ., /. INTEROFFICE MEMORANDUM

• To: Sonny Glass Tribal Administrator

From: Earl Hatle/)'# Environmental Program Director

Date: 2-17-99

Re: Gardere & Wynne Client Contracts

Attached, please find a proposed engagement letter from the law firm of Gardere & Wynne, LLP, and a draft "Special Services Attorney Contract" required for the BrA, and a supporting Tribal Resolution for the signing of these documents.

The purpose for Gardere and Wynne's representation is to provide legal consultation, strategy and representation for the Tribe regarding the Natural Resource Damage Assessment Action which the Department of 1nterior is undertaking relating to the Tri State Mining area and the Tar Creek Superfund Site. • Benefit to the Tribe: 200 hours of legal services will be provided to the Tribe, pro bono.

The Tribe will be provided top notch legal advise, expert interpretation of technical and legal documents generated by the federal and state agencies.

The Quapaw Tribe will be a significant participant in the NRDA process. Tribal issues will be given greater weight.

Legal representation before the agencies and Responsible Parties regarding the mining area and resulting contamination.

Technical assistance regarding resource damages and the Tribe's legal standing, including interpretation of Quapaw Treaties.

Expense to the Tribe:

The GIS mapping services and other expenses required will be paid for by the Environmental Office through our grants.

• Legal time is pro bono QUAPAW TRIBE OF OKLAHOMA

PO Box 765 (9181542-1853 Quapaw, OK 74363-0765 FAX {9181 542-4694 RESOLUTION NO. 02209912

A RESOLUTION TO ENTER INTO A SPECIAL SERVICES ATTORNEY CONTRACT WITH GARDERE & WYNNE, L.L.P, TO PROVIDE NONLITIGATION, LEGAL SERVCIES REGARDING ENVIRONMENTAL MATTERS

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf ofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and obligated , to transact Tribal busiriess including attorney contracts; and WHEREAS, it was moved in the Quapaw Tribal Business Committee to engage and retain the law firm of Gardere & Wynne, L.L.P. (hereinafter referred to as "Gardere"); and

WHEREAS, Gardere has offered and agre.ed to provide to the Quapaw Tribe on a pro bono basis, withOut charging for hourly professional legal fees, uptb 200 hours of legal services and consultation. regarding potential claims' by the Quapaw Tribe for natural resources damages and involving a riamralresources damages action (a ''NRDA'' action), provided that the Quapaw Tribe shaIlpay expenses other than professional hourly fees incurred in such representation; and

WHEREAS, Gardere and the Quapaw Tribe have agreed that such a legal representation shall not include legal representation in any litigation; and

WHEREAS, Gardere shall associate in itsrepresentation of the Quapaw Tribe with the National Energy-Environment Law and Policy Institute ("NELPI") at the University of Tulsa College of Law, which has also agreed to provide legal services pro bono to the Quapaw Tribe concerning environmental matters; and I WHEREAS, the Attorneys shall limit their representation of the Quapaw Tribe to specific legal tasks and costs and expenditures as approved by the Chairman of the , Business Committee or by his designated representative;

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribal Business Committee enters into a binding agreement with the law firm of Gardere & Wynne, L.L.P., 200 ONEOK Plaza., 100 W. Fifth Street, Tulsa, Oklahoma., 74103-4240, with the stipulations as set forth in the Special Services Attorney Contract bound by signature of both parties.

CERTIFICATION

The foregoing resolution ofthe Quapaw Tribe ofOklahoma was presented at the special meeting of the Quapaw Tribal Business Committee on February 20, 1999, with a vote reflecting yes, no, abstaining, and absent.

Ed Rodgers, Chairman , Quapaw Tribal Business Committee

Harry F. Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee

I , DRAFl': February 16,1999 (10:50AM)

918-699-2934 V; ~) .J J cJ February 16, .~ 1999 ~ , ,', j , '., 0 Ed Rodgers, Chairman .;J. Quapaw Tribe of Oklahoma Business Committee P.O. Box 765 Quapaw, OK 74363

Re: Pro Bono Representation of Quapaw Tribe ofOklahorna , Dear Mr. Rodgen;; Ihe Quapaw Tribe ofOklahoma (the "Quapaw Tlibe') has requested :lIld authorized GaTdere & Wynne, L.L.P. ("Gardae"), to serve as yolunteer attorneys ("Attorneys') to represent the Quapaw Tribe on a pro bono (no hourly fee charged) basis in the matter and on the terms as set forth oelow. The representation authorized herein shall be in the following matter;

Gardere shall represent the Quapaw Tribe by providing advice and consultation with regard to the evaluation ofpotential natural resource damage claims ("NRDA" claims) associated with lriballands. ill. addition, Gatdere shall provide advice and consultation regarding the formation and/or operation ofa NRDA council or cOUllclls for the tri-state region involving the Tar Creek Superfund site. Further, Gardere will provide appropriate technical and scientific sUpport.

This representation will be limited to general consultation concerning the law and legal procedure, adviee about strategy, legal rese3rob, drafting of correspondence and legal memoranda, and attendance at meetings. This representation specifically will not include filing or prosecution ofany litigation or appe:mmee in any court oflaw by Cardere on bchalf ofthe Quapaw Tribe. Should the Quapaw Tribe decide to pursue litigation involving the above-referenced =tier or relatW matters, and should the Quapaw Tribe wish to retain Gardere in any such litigation, a separal<: agreement shall be negotiated and entered into between the Quapaw Tnbe and Gardere.

Gardcre will Dot seek any reimbltrSement from ·the Quapaw Tribe for the professional fees incurred in this matter (the "Project"). C""rdere will represent the Quapaw Tribe in this matter up to a maximum of I 200 hotlro without compensation or reimbursement for our professional services. However, the Quapaw Mr. Ed Rodgers DRAFT: February 16, 1999 (10:50AM) , February 16, 1999 Page 2

Tribe agrees to reimburse Gardere for expenses, including the costs of technical support, incurred in the Projeet. The QU;'lpaw Tnoe shall pay and fully reimburse Gardere for costs and expenses incurred and approved in accordmce with the Special Services Attorney Contract. Examples of such costs include: delivery costs. customary charges for copying, printing, long-distance tekphone, telecopying and telex services. and all computer work and associated technical work necessary in the prep=tion of demonstrative materials and other technical infonnation in support ofthe QlJapaw Tribe's evaluation ofnatural resources darn.ges. The cost ofthese items will be billed to the Quapaw Tribe monthly on the same basis as charged to our other clients. A complete explanation of the basis of such charges may be inspected in our office at any time upon requCl.'t.

Continued work by Garden: on the Project is conditioned upon current payment ofany and all costs, out of-pocket expenses and other charges for which the Quapaw Trioe has assumed responsibility. Should the Quapaw Tribe for iIl1yreason be UIlllble to comply wirh those tenns, it hereby consents to Gordere's withdrawal from the representation.

Either Gordere or the Quapaw Tnoe shall be free to teminate this relationship at any time, for any r""son whatsoever or without any reason, subject to reasonable notice. In the event of our withdrawal, Gardere. shall be entitled to receive payment for any unpaid costs, out-of·pocket expenses :md other , charges. pursuant to the above, up to the time of OUI v.ithdrawal. There may arise circumstlIlces during the course ofC-ardere's representation oflhe Quapaw Tribe that will require Gardere to withdraw from the representation in accordance with the Oklahoma Rules of Professional Conduct or other applicable profession.l standards. In such instances. as well as those mentioned in the preceding paragraph, Gardere will cooperate in the transfer of the matter to other counsel chosen by rhe Quapaw TnOe. However, Gardere assumes no obligation to obtain other counsel for the Quapaw Tribe in such event.

We recognize that Gardere shall be disqualified from representing any other client (i) in any marter which is substantially related to our representation ofthe Quapaw Tnoe or (ii) with respect to any maller where there is a reasonable probability that confidential infoDIllltion the Quapaw Tn'be furnished to us could be used to its disadvantage. The Quapaw Tribe understands and agrees that, with those exceptions, Gardere is free to represent other clients. including clients whose interests may conflict with those ofthe Quapaw Tribe in litigation, business tnnsaetions, Or other legal matters. The Quapaw Tribe agrees that our representing it in a particular matter will not prevent or disqualify Gardere from representing clients .dverse to the Quapaw Tribe in other matters and that the Quapaw Tribe consents in advance to our undertaking such adverse represetltations.

Any expressions on our part conceming the outcome of the legal matters of the Quapaw Tribe are expressions of our be~t professional judgment, but are not guanmtees. Such opinions are necessarily limited by our knOWledge ofthe facts andare based On the state oftho law at the time they are expressed. I , Mr. Ed Rodgers DRAFT: Febru:try 16, 1999 (lO:50AM) February 16, 1999 Page 3

Please con.fum your acceptauce of the terms md conditions set forth in this letter by returning an e"ecuted copy of this letter agreement. I look fonvard to working wiIh you on the Project.

Sincerely,

GARDERE & WThM, L.Ll'.

Lloyd W. Landreth, Esq.

t [AGREED:]

Chainnan, TnbaJ Business Committee Quapaw Tribe of Oklahoma

, 33442.1 SPECIAL SERVICES ATIORNEY CONTRACT

, This agreement is made and entered into on this the day of _

1999, by and between the Quapaw Tribe of Oklahoma and Gardere & Wynne, L.L.P., a law

firm, for the rendition of non-litigation legal services involving environmental matters.

WITNESSETH:

1. That the Quapaw Tribe of Oklahoma (hereinafter referred to as the "Tribe"),

under the authority of Resolution No. (hereinafter referred to as the

"Resolution") adopted by the Tribe's Business Committee on the day

of ,1999, authorizing the Chairman of the Tribe's Business Committee to

enter into a Special Services Attomey contract with Gardere & Wynne, L.L.P. (hereinafter

referred to as the 'Attomey"), hereby contracts with, retains, and employs Attorney to t provide legal advice and consultation in the matters hereinafter set forth. 2. It shall be the duty of Attomey to perfonn the following services, which are

of a legal and/or advisory nature, in the legal matter (the "Matter") described as follows:

a. Attorney shall represent the Tribe by providing legal advice and

consultation with regard to the evaluation of potential natural resource damage

claims (hereinafter referred to as "NRDA" claims) associated with tribal lands.

Specifically, Attorney shall provide legal advice and consultation regarding the

formation and/or operation of a NRDA councilor councils for the tri-state region

involving the Tar Creek Superfund site.

b. This representation will be limited to general consultation concerning

the Jaw and legal procedure, advice about strategy, legal research, drafting of

, ;3414.1 , correspondence and legal memoranda, and attendance at meetings. In addition, Attorney will provide appropriate technical and scientific support in this Matter. The

parties have agreed that this representation will not include filing or prosecution of

any litigation or appearance in any court of law by Attorney on behalf of the Tribe.

Should the Tribe decide to pursue a lawsuit or litigation involving the

above-referenced matter or related matters, and should the Tribe wish to retain

. Attorney in any such litigation, a separate agreement shall be negotiated and

entered into between the Tribe and Attorney.

c. These special services shall not be deemed to include those of

General Counsel for and on behalf of the Tribe, or to authorize or require , appearances as such before federal courts, tribunals, department agencies, and t committees of the Congress and the state legislatures. 3. The Attorney in the performance of the duties required under this contract,

shall be subject to the supervision and direction of the Chairman of the Business

Committee of the Tribe (hereinafter referred to as the 'Chairman") and/or the

Environmental Program Director of the Tribe (hereinafter referred to as the "Environmental

Direetor"). as specified herein and as provided under the laws and codes of the Tribe and

any applicable federal laws and regulations.

4. The Attorney. SUbject to the approval of the Chairman and the Secretary of

the Interior or his or her authorized representative may employ for work hereunder such

attorney or attorneys 85 it may select, PROVIDED, that neither the Tribe nor the United

States Government, is to owe any additional compensation by reason of such employment. I 2 , Attorney will associate in this Matter with the National Energy-Environment Law and Policy Institute at tile University of Tulsa College of Law, which also has agreed to provide legal

services pro bono to the Tribe concerning environmental matters. Attorney anticipates

that following attorneys and other professionals employed by Gardere & Wynne, L.L.P..

wHi work on this Matter:

a. Lloyd W. Landreth, an attorney and partner of the firm Gardere &

Wynne, L.L.P., who specializes in environmental law.

b. Steven J. Adams, an attorney and partner of the firm Gardere &

Wynne, L.L.P., who specializes in environmentallitigalion.

c. Stephen R. Ward, an attorney of the firm Gardere & Wynne, L.L.P.,

who specializes in federallitigalion, appellate practice, and administrative law. , d. J. Berton Fisher, Ph.D., a geologist and geochemist employed by

Gardere & Wynne, L.L.P., who speci~lizes in environmental matters.

e. Other attorneys and staff members of Gardere & Wynne, L.L.P., who

may be assigned tasks in this Matter on an as-needed basis and as approved

pursuant to this agreement.

5. The Attorney has agreed to assume the legal representation of the Tribe in

the above-described matter on a pro bono basis, and without seeking to be reimbursed for

the cost of the professional legal services to be rendered to the Tribe, as follows:

a. During the course of its representation in this Malter, the Attomey will

not seek any reimbursement from the Tribe for houriY[Jrofessional legal fees , incurred In this Matter. The Attorney assumes representation in this matter on a pro 00414.1 3

. ~. , bono basis, provided that the Tribe assume the responsibility for certain reasonable costs and expenses, which are described more fully below, other than hourly

1:: professional fees. ,J

.~~ 1 b. The Attorney will provide legal services to the Tribe in the \ .. ~.. above-described Matter up to a maximum of 200 hours of professional legal

services rendered.

c. The Tribe agrees to reimburse the Attorney for costs and expenses

other tl1an professional fees, including but not limited to: delivery costs; customary

charges for copying, printing, long-distance telephone calls, telecopying and telex

services, and postage and mailing costs; pre-approved travel expenses; and all

computer worK and associated scientific and technical work necessary in the t development of the Matter and in support of the Tribe's evaluation of its potential NRDA claims,

d. Pursuant to the Resolution. the Chairman of the Business Committee

of the Tribe shall approve in advance any expenditures in this Matter in excess of ,r • $250. oJ:;". -i. e. The Environmental Director shall provide day-to-day supervision over ....,

the Matter and over the Attomey's legal services, subject to'the final approval of the

Chairman, and 1f appropriate, the Business Committee of the Tribe. The Chairman

may delegate to the Environmental Director the authority to approve, in advance,

certain expenses to be incurred in this Matter.

f. Except in emergency situations, advance a.pproval shall be obtained

I "'-4\4.1 4 O~/16/99 11:23 F.li 81J ();,,::J _'J..:.:;

, for any cost or expense in excess of $250. g. The costs and expenses incurred by the Attorney will be billed to the

Tribe monthly on the same basis as such charges are billed to other clients of the

Attorney. A complete explanation of the basis of such charges may be inspected'

at Attorney's office at any time upon request.

h. Payment or reimbursement of expenses shall be made only upon the

submission of prcpeliy approved invoices. Expenses shall be itemized and verified

by the Attorney and shall also be approved by the Chairman.

6. No assignment of the obligations of the contract, in whole or part. shall be

made without the consent, previously obtained, of the Chairman. with the approval of the

Secretary of the Interior or his or her authorized representative, nor shall any assignment. , or encumbrance be made of any interest of the Attorney in the reimbursement of fees to be paid under this contract, without sUch consent, PROVIDED, that if such an assignment

of the obligations of this contract, or assignment or encumbrance of any interest in the

compensation to be paid is made in violation of the provisions of this paragraph, the

contract may be terminated at the option of the Secretary of the Interior or of the Tribe, and

. no Attorney having interest in the contract or in the fee provided herein shall be entitled to

any compensation Whatever for any services rendered or expenses incurred subsequent

to the date oftennination.

7. This agreement shall terminate at the point the Attorney has incurred 200

hours of professional services, unless both Attorney and the Tribe agree. in writing, to

extend the number of professional hours at a rate of compensation to be determined.

, 33414.1 5 U:!./lu,jJ'.

, 8. This contract may be terminated by the Attorney or the Chairman by giving thirty (30) days written notice to the other party, the Secretary of the Interior or his or her

authorized representative and to the Area Director. and if the contract shall be so

terminated, the Attorney shall receive such compensation for allowable expenses as the

Secretary of the Interior or his authorized representative may determine equitably to be due

~ to date of termination. The termination of this contract under this section .qo.es.Jl'l!'f" require does the approval of the Tribal Business Committee.

9. This contract may also be terminated for cause by the Secretary of the

Interior after a hearing on reasonable notice. If the Secretary finds that the interests of the

Tribe 50 require, he or she may suspend the contract and the payment of all allowable

compensation for expenses due to or accruing to the attorneys thereunder pending a , hearing Which shall be held without unreasonable delay. 10. It is mutually understood and agreed that payment of expenses under the

term of this contract shall be contingent upon availability of funds,

11. The Attorney shall render to the Tribe and to the Secretary of the Interior or

his authorized representative a wril1en report of the services rendered, to the Tribe not less

frequently than semi-annually and at such other times as may be requested by the

Secretary of the Interior or his or her authorized representative.

12. The Attorney stipulates that all attorneys who will work on this Matter are fully

licensed members in good standing of the bar of the State of Oklahoma. and to the best

of Attomey's knowledge, no disciplinary proceedings have been instituted against any

attorney who will work on this matter by any bar association of any jurisdiction ofthe United

, 33414,1 6 ".

States or its temtones which are pending and/or unresolved, and further that no attomey

, who will work on this Matter has been disbarred or suspended form the practice of law in .

any jurisdiction in the United States or its territories.

13. This contract shall be in force retroactively from the date of approval for the

period of ---', 1999, to ., 1999,

and subject to the approval of the Secretary of the Interior or his or her authorized

representative.

IN WITNESS WHEREOF, we have hereinafter set our hands and seals on this day

and year first written above.

ATIORNEY:

LLOYD W, LANDRETH. attomey at law t On behalf of Gardere & Wynne, L.L.P.

QUAPAW TRIBE OF OKLAHOMA:

ED RODGERS, Chairman, Business Committee On Behalf of Quapaw Tribe of Oklahoma

BUREAU OF INDIAN AFFAIRS, MUSKOGEE AREA OFFICE:

AREA DIRECTOR

Approved pursuant to authority delegated by the Assistant Secretary for Indian Affairs in

, ~34141 7

. : ... ,~ ... QUAPAWTRmEOFOKLAHOMA

_ i.. Resolution No. 022099 c., ;ao..rr. ~i~£;"~ • . ..:~ 1i Resolution of the Quapaw Tribal Business Committee with ....,.,-.-",' \ '4: regard to the Native American Graves Protection and Repatriation Act Policy Statement of the Inter-Tribal Council of the Five Civilized Tribes, Resolution No. FY 98-28.

WHEREAS, The Quapaw Tribe of Oklahoma is a Federally recognized Indian tribe and is governed by a Governing Resolution, that was duly adopted by the Quapaw General Council on August 19,1956, and approved by the Commissioner of Indian Affairs on September 20,1957; and

WHEREAS, The Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on behalf of the Quapaw Tribe; and

\\'HEREAS, The Quapaw Tribe is a federally recognized Indian Tribe eligible for program funds, by authority of P.L. 93-638; and

WHEREAS, The Quapaw Tribe is a sovereign distinct from all other federally recognized tribes with distinct aboriginal, historic, and treaty territories, which encompass the lands and waterways of Arkansas, Missouri, Illinois, Indiana, Tennessee, Kentucky, Mississippi, Louisiana, and Oklahoma; and

WHEREAS, The Quapaw Tribe is responsible for all matters which concern Tribe's aboriginal, historic, and treaty lands including environmental and cultural resources; and • WHEREAS, To the extent that tribal territories shaU overlap with those of Quapaw, the Inter Tribal Council of the Five Civilized Tribes has written a NAGPRA Policy Statement which could directly effect the Quapaw Tribe; and

WHEREAS, The Inter·Tribal Council of the Five Civilized Tribes before adopting its policy st~temMt did V0t $eek "pinions or comments from tribes who could b: dire<.'t.ly effected by the ITCFCT NAGPRA Policy Statement;

NOW THEREFORE BE IT RESOLYED that the Quapaw Tribe of Oklahoma shall not support NAGPRA Policy Statement, Resolution Number FY 98·28 of the Inter-Tribal Council of the Five Civilized Tribes: the Cherokee Nation, the Chickasaw Nation, the Choctaw Nation of Oklahoma, the Muscogee (Creek) Nation and the Seminole Nation of Oklahoma; nor, can the ITCFCT act as representatives oftbe Quapaw Tribe of Oklahoma without the Tribe's express authorization in writing.

"'0--\,.,.., . 1"0 \1 ,.

P.O. Box 765, Quapaw, OK 74363 • Phone: 918-542-1853 Fax: 918-542-4694 Resolution No. 022099 • CERTIFICAnON The foregoing Resolution of the Quapaw Tribe of Oklahoma, was presented at a special meeting of the Quapaw Tribal Business Committee on February 20,1999, with a vote of __ yes; no; __ abstaining; __ absent.

11 ~'h~ Ed Rodgers, Chairman Harry Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee Quapaw Tribal Business Committee

•

P.O. Box 765, Quapaw, OK 74363 • Phone: 918-542-1853 Fax: 918-542-4694 QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (9181 542-1853 Quapaw, OK 74363-0765 FAX 1918) 542-4694 RESOLUTION NO. 011699~

A RESOLUTION TO SUPPORT AN AUTOMATED TANK MONITORING AND LINE LEAK DETECTION SYSTEM FOR THE O-GAH-PAH CONVENIENCE STORE VIA THE INTER-TRIBAL ENVIRONMENTAL COUNCIL'S UNDERGROUND STORAGE TANK GRANT APPLICATION

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf ofthe Quapaw Tribe; and

WHEREAS, the Business Committee ofthe Quapaw Tribe is committed to the protection ofthe environment and conservation ofnatural resources within Tribal Lands by Treaty with the United States of America,

NOW LET IT THEREFORE BY RESOLVED, that The Quapaw Tribe ofOklahoma supports the application, prepared by the Inter-Tribal Environmental Council, to the U.S. Environmental • Protection Agency (EP.A) to enable its member Tribes to upgrade their underground storage tanks monitoring programs. Iffunded;this grantwill provide an Automated Tank Monitoring and Line Leak Detection System forthe·qcGAH-PAH Convenience Store.

CERTIFICA_. nON. ,

The foregoing resolution ofthe Quapa"" Tnbe ~f()idahoma.was presented:at the special meeting ofthe Quapaw Tribal Business Committee on. Januaiy 16; 1999, with a vote reflecting lLJ yes, 0 no, 0 abstaining, Wtd.·· .babsent.

Ed Rodgers, Ch;~ Quapaw Tribal Business Committee • Quapaw Tribe of Oklahoma

• Equipment: Installation ofVeeter Root Tank Monitor System TLS 350 $20,001.60

Total Equipment $20,001.60

The installation ofthe VeeterRoot Tank Monitor System TLS 350 includes the following: Wan Mount TLS Console Monitor, 4 Tank Probes, 4 Line Monitoring Detectors, 4 Risers Pipes, 4 Manways, Electrical Wiring Conduit, Jackhammer & Saw, Backhoe & Hauling, Concrete Removal and Replacement, Freight, and Labor.

In-Kind Contributions: Environmental Program Director $12.62lhour for 90 hours $1,135.80 Convenience Store Manager $10.50Ihour for 100 hours 1,050.00 Environmental Program Assistant $9.09lhour for 40 hours 363.60 Tribal Chairman $25lhour for 30 hours 750.00 Convenience Store Emp]oyee's Time 4 Fun-Time @ $6.75Ihour for 16 hours 432.00 • 3 Part-Time @ $6.50Ihour for 16 hours _3U.00 Total $4,043.40

• 6 WISDOM'S PUMP SERVICE, INC . •pyj E N. E. • MIAMI, OK. 74354

(> 1 /"l~ /'3'3 DU,~~Pi~l".,l Tr i bi) P.O. £10:< 7E.S OUdpaw, Ok.

Re: O-Gah-Pah C StOf&

Attn: Ea,l Hatley

W,~ll MOLlht fLS C8nsJ~le Monitl3r" 4 T i;;Hl k F'r ':;, b (~? ~::-> .~ l_lne M,~"it0yinq Detet:t~IYS 4 F' i ~'5ey s F' i ~H?5 4 M,;..n'Ways E].ectrlcal Wl~lng Cor1dult • J c?,l:' kh,3.mrnt2r ~( ~3,?',,; Bac~.h0e & ~~aulinQ Conc~ete Pemo¥dl ar',d Repl~';ement 1~-IO< If.1'ght L.:\ tJ '.:w-

In the ev~nt undergrGUr'ld ObS·t~IJctior's ~ul:h as rl~cl. fJlufnt:ling, €?l...-]f: t·r" 11:tal 1 Liles, 1,.)c1.tP.-'( ,:;<(" I;'=!:I,("C:?-S"':-'; '-:-.;.l.vir'lg i<:,; E?n,: ..:.untt::?'l~c-?dJ .:'Lli ir1"..,.~t().ll.':\tit.~dhl PI" L<~ '",)111 f.:lt:? :If"'\:'r'"f'=21.sed uy tt1e dddlt.i.:)nal '~:(:'5t :i. f11: ur 't-ed.

We ~)Y"~J)0~e hereby t~ furnish m~teYial ~n(j laboY'·-~01;lFJlet8 :n al:cordanc~ \~ith abl~v~ 5pe1:i'ficatioI1s.

• J-c-J1 provides 24-hour, automatic leak detection without tank shutdown. No lost business. No lost operating time. Leading-Edge Business Management Features The TLS-350 takes business management a step ., beyond normal fuel inventory management. The SiteFax option provides auto-dial fax capability, letting you send _.~c:.= up to 16 different reports to up to 8 separate fax ma , , . chines on a programmable schedule and fax alarm -"""""~. EE""~ . .. messages instantaneously. The Graphic Remote Display option ~ets the operator view all inventor~', 2,:arm and system status information without leaving the counter or office unattended. The optional fuel manager software available for the TLS-350 allows you to track average daily fuel usage, predict the days of remaining inventory, and improve delivery scheduling. ~ Modular design meets current business and By utilizing Remote Control T'" Veeder-Rool's tank regulatory requirements, with expansion management software, all inventory management and capabilities for future needs. environmental compliance can be easily centralized on a personal computer in one location. ~ Integrated solution for centralized, single system site monitoring. The use of these time and money saving options extend your investment in the TLS-350 beyond environmental ~ Programmable leak test features. compliance requirements, improving your bottom line.

• 2-line, 24-character-per-line liquid crystal System Capabilities display and 24-button keyboard step the ... Continuous inventory monitoring. opernror~roughsimp~prog~mmmg ~ Fast, 0.1 GPH in-tank leak detection for up to 8 tanks. and operation functions. ... CSLD option for continuous 24-hour leak detection. .... Line leak detection. With its modular design, the TLS-350 lets you choose the ~ 5iteFax auto-dial fax capability. exact set of complianr,e and fUA! ma!1agement fe2tures yo!..! ... Graphic Remote D;splay option. need today. As regulatory requirements and your business ~ 451T£: advanced technology sensor compatibility. needs change, the flexible TLS-350 platform allows you to ~ Interstitial and piping sump leak sensing for up add new features tomorrow. A safe investment. A smart to 64 sensors. decision. .... Vapor and groundwater monitoring for up to 40 wells. Leading-Edge Leak Detection Technology ~ External inputs. ~ Relay outputs. The TLS-350 has defined the industry standard for tank monitoring systems with: advanced magnetostrictive probe .... Programmable alarms. technologies offering 0.2 GPH monthly monitoring and 0.1 .... Data communications. GPH volumetric tank testing; accurate, automatic electronic ~ Alf third-party tested. All proven in the tield. line leak detection; and, 4SlTE Advanced Technology Emergency Generator Appiications Sensors and a complete line of standard leak sensors to ~ Selectable via programming. monitor double-wail tanks, ccntainment sumps, and wet .... One system handles mix of standard and and dry wells. emergency generator tanks. Plus, for 24-hour stations and high-volume operations, .... Records generator activity. Continuous Statistical Leak Detection (CSLD). the most ~ Complete inventory reports betore andafter advanced leak detection technology available today, generator operation. ----~------• There's profit Beyond Compliance. Wi!h Veeder-Root. Slandartl Models I FORM NO. DESCRIPTION 847090-022 TLS-350 Monitoring Console with Integral Printer (includes Printer Communications Module) 847090·002 TLS-350 Monitoring Console without Integral Printer

••350 Interface Modules The TLS-350 monitoring console contains three compartments in which individual interlace modules can be installed. Interlace modules may be factory·installed in the console upon Initial ordering. or ordered separately as spare mod· ules to expand an existing system.

FORM NO. FACTORY· FORM NO. INSTALLED SPARE FEATURE COMPATIBILITY MODULES MODULES DESCRIPTION Ii (WHERE APPLICABLE) LOW-POWER COMPARTMENT (Limit eight per console, unless otherwise noted.)

329356·002 847490·104 Four·lnput Probe Interface Module Series 8473 0.2 GPH Magnetostrictive Probe {Maximum two per console. Includes terminal Series 8473 0.1 GPH Magnetostrictive Probe connec1or for one ground temperature I thermistor for the volumetric line leak detector.) 329358·001 847490·102 Eight·lnput InterstiliaVliqUld Sensor Interface Module Series 7943 Interstitial Sensor for Fiberglass I Tanks and Interstitial Sensor for Steel Tanks I Series 7943 Piping Sump Sensor I Series 7943 Hydrostatic Sensor J I 329357-001 847490·101 Five-Input Vapor Sensor Interface Module Series 7943 Vapor Sensor I -~ 329399-001 847490·103 Five-Input Groundwater SenSOf Module 4SITE Series 7943 Groundwater Sensor - 329956·001 847490·105 Eight-Input Type A Sensor Interface Module 45fT! Series 7943 Discriminating Interstitial Sensor -329950·001 847490·106 Six-Input Type B Sensor Interface Module 4SITE Series 7943 Discriminafing Dispenser 1 L30373-oo~ 847490·109 Six· Input Pressuri2ed Line Leak Interface Module Series 8484 Pressuri2ed Line Leak Dejection System (One per console) Requires TLS-350 VersIon 7.0 or higher software HIGH-POWER COMPARTMENT (Limit eight per console, unless otherwise noted.) ~ I--,------r-----'------"'-'---~------29359-001 847490·200 Four-Relay Output Intertace Module f-='-'....:.'-'-+--=--.:.=-::.:..::.--+-'-'-.::.....:"'-"'-~===c=.::.....:_--+------j 329360-001 847490-201 Two·lnpul!Two· Relay Output Intertace Module ~ 323398·001 847490-202 One-Input Une Volumetric leak Interface Module Requires Volumetric Line leak Detector Kit No. 847590-001 329999·001 847490·204 Pump Sense Interface Module Accepts input from up to eight pump controls. 330374·00 1 847490·207 Three-Output Pressuri2ed line Leak Controller Series 8484 Pressuri2ed Une Leak DetectIon System Interface Module Requires TlS~350 Version 7.0 or higher software. L (Maximum two per console) COMMUNICATIONS COMPARTMENT (Limit three per console, unless otherwise noted.)' ~ 330149-001 847490·305 SiteFax Interface Module '''~_"M_~_. three~ '_ (Maximum per console.) modem or teletype eqUipment. ReqUires TLS- 350 Versloo 3.0 or hIgher software 330148·001 847490-303 RS·232 Interface Module WIth AUXiliary Port ProVIdes two 25-pm D·connectors for data I (MaxImum one per console) transmISSion to P.O S. terminal, pnnhng

deVice. or computer. II

329362·001 847490·301 RS·232 Intertace Module Provides a 25-pin D

Dimensions I l'll' .~HO••_.~~~ t6" ~ ?l..AC

"" ----;:-c-c--c-:c;:----~~ !I '~ If,.' 1', ( P S r-F=r KNOCKOUTS (TO~ AND 80TTOMl

I, ,i~i~_·~=_-==~==_-==~='="=."~=-~_-=~_-~.~[.~~'~:'"='~=J'=""='='="="=' =~J;;::'·="=-==ji----. , , , : , 12" I I 11',';' 1" ! 00 :I

. ', 'V' TO ~OWER TO INTRINSICAllY 5'.' , AREA SME AREA

' - -.----J __L-----l

19J... ~_

FRONT VIEW BOTTOM VIEW _\"-

..---~ ..-.,~-- I '•, -" c::: rc-;-; _. 4J i_~ c:::=: TLS-350 with Continuous database. In fact, a new leak •Statistical Leak Detection (CSLD) test is pertormed every time -Automatic 24-hour 0.2 GPH new data from an idle period are monthly monitoring compliance, added, so leak test results are up-to-the-minute leak test results ' ...... J always current. Test results are and fewer false alarms without shutting down your tanks. provided automatically every 24 hours, and up-lo-the minute leak test results are ava:labl" at any time. For 24-hour stations, convenience stores and other high- volume operations, this means no lost revenue or lost Leak test results are accurate, and the chance 01 false operating time--and greater profits! alarms is greatly reduced with CSLD since only the best data are used. Plus, because leak test data are collected The TLS-350 with CSLD automatically collects data during continuously and updated frequently, the response time idle times that occur normally during business hours. You to detect leaks is shorter than that 01 scheduled static don't have to schedule test times, and there's no operator leak tests. involvement once the system is up and running! Thl'rd-party test,'ng 01 the TLS-350 with CSLD showed a CSLD uses this inlormation to lorm a highly accurate leak 99% probability of detection and less than a 0.1 % chance detection database and applies sophisticated statistical oI I a Ise a Iarm. I ThatId ar excee s the USE... PA , . p erto r analysis techniques to constantly evaluate the database. mance standards for monthly monitoring. Invalid data are discarded and leak tests are pertormed using only the highest-quality infonmation in the current

CSLD Software Enhancement Module FORM NO. DESCRIPTION

L __------=-3~30:..1..:6..:0..:.0:.:0_=2 .L..:C:.:o.:.:n.:.:lin..:u:::o::u=_s_S~_=ta_=tis=t_=ica~I..:L:::e::a:..k::D..:e_=te:.:c=_tio=n=_S=_o.:.:ftwL:a:..re::..::E:..nh..:a~n..:ce~m------=-en:..l:..M..:o:.:d:.:u..:le __:- ----,--,- _ • Note: CSLO upgrade kits for eXisting TLS·350 Systems are available. Consult your nearest Veeder~Root sales representative, MAG 1 probe reqwred for each lank. I ";'\.1 Mag 1 and I i .', Mag 2 Probes i ~ with 0.1 GPH : , and 0.2 GPH ~ Leak - Detection Capability, respectively Highly accurate. trouble-free Overfill Alarm and Afarm inventory control Acknowledgement Graphic Remote • .' and in·tank leak Switch Display tesling in gasolines, Provides early warning of potential Remote viewing of TLS·350 • diesel and other UST overfills via an alarm relay in the monitoring system reports and data. approved fluids. TLS-350 consol,. and remote activation of tank and line Magnelostnclive leak tests. probes are approved for aboveground storage tank applications. Float..Sw;fchType Intersti· tial Sensors for Fiberglass Tanks and for Steef Tanks Simple. reliable float-switch sensors detect the presence 01 any liquid in the annulus ot double-walilanks.

Dispenser Pan and SiteFax Module Containment Sump Programmable auto-dial fax capability Sensors from the TLS·350 dIrectly to a lax Sensors accurately detect the machine anytime. day or night. presence of hydrocarbons and other Ituids, and differentiate between them. in a dispenser pan or contam~ ment sump. Piping Sump Sensor Float-switch sensor detects the sur;zed Line Leak presence 01 any liquid in the sump Detection System of doUble~wali piping systems. Performs 0.1 GPH precision and 3.0 G?H testing at lUll pump pressure. Remote Control™ Reduces installation costs by installing The only Windows,/ll based In the leak detector port. No need to communication software for break product lines. managing inventory and compliance Groundwater Sensor information on Veeder· Root TLS conso(e~ Provides hydrocaroon detection for up from any location no to 20' depth in wei monitoring wells. matter how remote.

Vapor Sensor TLS·PC High Capacity Vo/umet· Hydrostatic Sensors Provides hydrocarbon vapor detection Reduce user training and simplify" ric Ljne Leak Detector Detee! fluid level changes in brine-tilled in dry monitoring wells. Adjustable daily compliance and business Designed for demanding and hiQh resef\loirs or interstitial spaces of vapor alarm threshold allows tor management with new TLS-PC capacity piping applications. dOUble-wail tanks. acceptable existing vapor levels. software providing Graphical p,rtorms 3 gph, 02 gph, and 0.1 User Interface to TLS system gph automatic line leak tests. Iil!JI VEEDER·ROOT from back oHiee PC. tJ:3 Environmental Products The LAderIr> Tanlr ~.19 Techt'toJr:IQr

~er Forest Driv'. Posl Offic' Box 2003, Simsbury, CT06070-2003 TEL: (860) 651-2700, FAX: (860) 651·2719 TECH SUPPORT: (860) 651·2753

BRAZIL' Sao Paulo. CANADA: Mississauga, Ontario· ENGLAND: Rlchrr".md Surrey" FRANCE: Aulnay-Sous·Sois· GERMANY' Aloingen" SINGAPORE Singapore - ~"111eO' 13303 PIN 577013-268 AVA11 !./~ .... 96 QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 [9181542-1853 Qucpaw, OK 74363-0765 FAX {9181542-4694 RESOLUTION NO. o11699-..:[S

A RESOLUTION TO SUPPORT THE EPA SUPERFUND DIVISION COOPERATIVE AGREEMENT APPLICATION FOR BEAVER CREEKlQUAPAW WASTE SITE

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Business Committee ofthe Quapaw Tribe is committed to the protection ofthe environment and conservation of natural resources within Tribal Lands by Treaty with the United States of America, .

NOW LET IT THEREFORE BY RESOLVED, that The Quapaw Tribe of Oklahoma supports the application, prepared by the Environmental Office, to the U. S. Environmental Protection Agency (EPA) to perform investigative and feasibility work on the Quapaw Waste Site and the Beaver Creek Watershed located on Quapaw lands in Ottawa County. Work will be performed • in coordination with the Quapaw Tribe, the Inter-Tribal Environmental Council, and the U.S. EPA, Region 6, Superfund Division. This work is to lead to the restoration of these sites for future use by the Quapaw Tribe and for the protection ofhuman health and the environment. , ..' .

CERTIFICATION.. .,

The foregoing resolution ~fthe QuapawTribeofOklah6ma"';aspresentedatthe special meeting ofthe Quapaw Tribal Business Committee on January Vi; 1999,with a vote reflecting 6 yes, C' nO, = abstaining,inci. ,;.-6 \ . absent.

Ed Rodgers, Chairma9 Quapaw Tribal Business Committee

arry F. more, Secretary-Treasurer • Quapaw Tribal Business Committee L INTRODUCTION

• A. Request For Funding

The Quapaw Tribe Environmental Office requests assistance under a Superfund cooperative agreement in order to assist the Inter-Tribal Environmental Council (ITEC) in conducting a Remedial InvestigationIFeasibility Study (RI/FS) of the Quapaw Waste Site and the Beaver Creek Watershed located next to Quapaw Tribal Headquarters near Quapaw, Oklahoma. We are asking for $18,903.00 of funding to assist lTEC with this project. This project and resulting data will assist the Quapaw Tribe in remediation oftrus site and stream.

B. Quapaw Tribe Environmental Office

Through the EPA Region VI General Assistance Program (GAP), the Quapaw Tribe Environmental Office was established October 1, 1997. Since the hiring of the Environmental Program Director and the Program Assistant, the staff has worked to develop a Tribal Environmental Characterization of environmental issues of concern to Tribal members. In June of 1998, the Quapaw Tribal Chairman and the EPA Region VI Administrator signed a Tribal Environmental Agreement (TEA), which established a formal agreement between the Tribe and the EPA to address the issues raised in the Environmental Characterization. As a result of that process, the Environmental Office is working toward remediation of the Tar Creek Superfund Site, as well as, program delegation for air and water monitoring. It is our goal to continue with • the GAP program while developing the capacity to manage program delegation. The Quapaw Tribe is a member of the Inter-Tribal Environmental Council (ITEC), a project of the Office of Environmental Services within the Cherokee Nation. The Quapaw Tribe Environmental Office relies on lTEC for technical and program assistance as needed.

C. Tribal Environmental Concerns

The Quapaw Tribe Environmental Office is proposing to spend the first year ofthe RIlFS project assisting the staff of lTEC with workplan development, data development and management, mapping of the Beaver Creek watershed, identifying property owners within the watershed and obtaining their consent for property access, field coordination, and sampling. Our office will also be conducting a public outreach program, which will be reaching out to other area tribes, conununity officials,environmerrtal groups, and interested citizens concerning the project. The total project length is estimated to be three (3) years. A revised workplan and budget will be submitted each year until project completion. • 6 D. Quapaw Tribe RIlFS Project Participation

The Quapaw Tribe Environmental Office participation in the RillS Project is divided into three • sections for the first year. These sections include: (1) Project Coordination: Assisting with all aspects of the project, specifically coordination between ITEC, the Quapaw Tribe, EPA, local municipalities, and the public. Additionally, the Environmental Office will be assisting ITEC with workplan development, data development and management, mapping of the Beaver Creek watershed, identifying property owners within the watershed and obtaining their consent for property access, field coordination, and sampling.

(2) Training: With the funds provided by the EPA for our participation in the RIlFS project the Environmental Office Staff will attend appropriate training courses/sessions and conferences to enhance our knowledge of procedures associated with conducting a RIlFS.

(3) Public Outreach: Will be reaching out to and educating other area tribes, community officials, environmental groups, and interested citizens concerning the goals that are expected to be reached by this project and the procedures involved in reaching those goals.

• IT. QUAPAW TRIBEIENVIRONlVIENTAL OFFICE MANAGElVIENT CAPABILITIES A. Environment31 Grants

The Quapaw Environmental Office is currently administering three (3) US. EPA grants/cooperative agreements. These include; GAP [2 Dd year], Clean Water 104b(3) [1st year], and Superfund [1 st year].

B. Environmental Office Staffing

Currently, the Environmental Office maintains four (4) technical/professional and administrative positions (Figure 1, Organizational Chart). The technical/professional positions include the Program Director and Wildlife Ecologist. The Program Assistant's position encompasses both technical/professional and administrative duties. The administrative positions include the Program Secretary. The Environmental Office is working to create an additional position for one (1) Chemist. • 7 C. Quality Assurance/Quality Control Projects

The Environmental Office ha~ an approved Quality Management Plan (QMP) for its • environmental programs. The Environmental Office will operate under nEe's Quality Assurance Project Plan (QAPP) for this project.

ill. TASKS, METHODS & PLANNED SCHEDULE

While participating in the RI/FS project, the fiscal year 1999 tasks involve assisting ITEC with all aspects of the project, training of Environmental Office staff to facilitate project development and attain project goals, and public outreach to provide information and address community concerns about the project. .

Task 1: Project Assistance/Coordination

Assist ITEC with all aspects of the project. Specifically, the Environmental Office will work to ensure coordination between ITEC, the Quapaw Tribe, EPA, local municipalities, and the public. The Environmental Office will be assisting ITEC with workplan development, data development and management, mapping of the Beaver Creek watershed and identifying property owners within the watershed and obtaining their consent for property access, field coordination, and sampling.

Method: • Host/attend meetings with involved parties, particularly ITEC, on a monthly basis to facilitate the coordination of all aspects of the project. Research local records to identify all landowners within the Beaver Creek watershed and then contact those landowners to obtain consent for property access. Provide ITEC staff with information needed to attain project goals and provide answers to questions that may arise from project development.

Planned Schedule/Output:

The beginning stages of the RI/FS project will be conducted and completed in the first, second, third, and fourth quarters of fiscal year 1999. Meetings between involved parties will be conducted in regular intervals through the first, second, third, and fourth quarters of fiscal year 1999.

Task 2: Training of Environmental Office Staff

Training ofEnvironmental Office staffto facilitate project development and ensure attainment of project goals. • 8 Method:

The training ofthe Environmental Office staff will be accomplished using various sources with • expertise in procedures associated with conducting an RIlFS. Sources will include EPA., lTEC, and approved EPA contractors who conduct training as opportunities are available.

Planned Schedule:

The training ofthe Environmental Office staffwill be completed in the first, second, third, and fourth quarters of fiscal year 1999.

Task 3: Public Outreach

Work with Quapaw Tribal members, other area tribes, local officials, environmental groups, and concerned citizens in providing information and addressing community concerns about the project.

Method:

Information will be disseminated to Quapaw Tribal members through the Quapaw Tribal News, which is published quarterly. The Quapaw Tribe, with EPA and lTEC participation, will host public meetings with area tribes, local officials, environmental groups, and concerned citizens to provide infonnation to the public and address any concerns regarding activities associated with the project. In addition, an open house type meeting will be conducted at the start and end ofthe • first year's work and as needed.

Planned Schedule:

The outreach and coordination with area tribes, environmental groups, and concerned citizens will be conducted during the first, second, and third quarters offiscal year 1999.

OutputlDeliverables Reporting Mechanism Timeframes

c-roject Assistance/Coordination Quarterly Report Quarterly Updates

Training ofEnvironmental Office Staff Quarterly Report Quarterly Updates

Public Outreach Quarterly Report Quarterly Updates • 9 IV. FISCAL YEAR 1999 BUDGET

PERSONNEL: 512,524.00 • Ecologist $25,000 @ 20% oftime $5,000.00 Program Director $32,000 @ 15% oftime 4,800.00

Program Assistant $22,700 @ 12% oftime 2,724.00

FRINGE: @ 30% $3,758.00

SUPPLIES: 5750.00 Office Supplies $500.00

Public Outreach Posters 250.00

OTHER: 51,871.00 Public Outreach Newspaper and Radio Ads $1,000.00

Public Meeting Space Rental Fees 500.00 • Audit 371.00 FEDERAL: S18,903.00

APPLICAt"lT: No Match Requirement so

TOTAL: $18,903.00

• 10 • V. TOTAL FISCAL YEAR BUDGET

$3,758.00

$750.00

$1,871.00

$18,903.00

No Match • $18,903.00

• 11 • ORGANIZATIONAL• CHART • for Quapaw Tribal EnvironmentalDepartment

Quapaw Tribe General Council

Quapaw Business Committee (Seven Member Body)

Chairman (Ed Rodgers)

Tribal Administrator (Sonny Glass)

Director, Environmental DepartmenUQAManager (Earl Hatley)

Assistant, Environmental Department (Tabitha Worley) t-

Secretary, Environmental Department (Open) ------, Wildlife Ecologist, Environmental Department Chemist, Environmental Department Associate Professor, Dept of Chemistry, Tulsa (Open) (Position Being Established) University/Lead Reviewer (Tom Harris) QA Management & Technical Review Team (lTEC, EPA, OCC, FWS)

Figure 1 QUAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (9181 542·1853 Quapaw, OK 74363-0765 FAX [918) 542-4694 RESOLUTION NO. 011699L A Resolution to Support the Hazardous Fuels Reduction and Ecosystem Maintence

WHEREAS, the Quapaw Tribe of Oklahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution that was duly adopted by the Quapaw General Council on August 19, 1956; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalf of the Quapaw Tribe.

NOW THEREFORE BE IT RESOLVED, that the Quapaw Tribe ofOklahoma supports the hazardous fuels reduction accumulations through the use of prescribed fires within the Tribes Trust, to enhance wildfire and plant communities without adverse affects on Threatened, Endangered & Sensitive species.

CERTIFICATION • The foregoing resolution ofthe Quapaw TribeofOkIahoma was presented at a special meeting of the Quapaw Tribal Business Committee onJanuaiy 16, 1999, with a vote reflecting l yes, C no, ~abstaining, and .. 0 absent. ' ~c)L~ ' Ed Rodgers, ChairmaQ ',,';,' ". Quapaw Tribal Busines COrimrittee ..... " " .. : , .~,-'. -~ .,,;"

F. more, Secretary-Treasurer Quapaw Tribal Business Committee

• QUAPAW TRIBE OF OKLAHOMA

PO. Box 765 (918) 542-\853 Quapaw, OK 74363-0765 FAX (918j 542-4694 RESOLUTION NO. 011699 {)

Approval of Construction of Miami Tribe ofOkJahoma's Day Care Facility on Eight Tribes oCNortheast Oklahoma Trust Property

WHEREAS, the Quapaw Tribe ofOkJahoma is a Federally recognized Indian Tribe and is governed by a Governing Resolution that was duly adopted by the Quapaw General Council on August 19, 1956; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal Business Committee to speak and act on behalfofthe Quapaw Tribe; and

WHEREAS, the Quapaw Tnbe of Oklahoma is one of the eight tribes located in Ottawa County, Oklahoma for which 40_5 acres is held in trust by the United States ofAmerica; and

WHEREAS, the Miami Tribe ofOklahoma has received approval for a fucility to provide proper care and training ofinfimts/youth to insure their physical and mental well being; and

WHEREAS, it would be beneficial for the day care fucility to be located on property held in trust • for he eight tnbes ofOttawa County, Oklahoma; NOW THEREFORE BE IT RESOLVED; that the Quapaw TribeofOkJahoma fully supports and endorses the Miami Tribe Day Care Project and approves constrUction ofthe day care fucility on approximatelY',two(2)acres oftrust lands ofthe eight,tribes ofOtta~County, Oklahoma.

:.~ ,,~ ' ,

, .~ . CERTIFICATION The foregoing resolution ofthe Quapaw:Tn"be ofOkJahoma was presented at a special meeting of th the Quapaw Tnbal Business Committee on JanUary 16 , 1999, with a vote reflecting -----..!:: yes, ~ no, ~ abstaining, and --L-absent.

Ed Rodgers, C~ Quapaw Tribal Busine

F. . ore, Secretary-Treasurer • Quapaw Tribal Business Committee UAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (918) 542-1853 Quapaw, OK 74363-0765 FAX (918) 542-4694

RESOLUTION NO. 082199C

A RESOLUTION TO SUPPORT THE SIGNING OF THE CONFIDENTIALITY AGREEMENT FOR THE TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION INTER-GOVERNMENT PARTNERSHIP

WHEREAS, the Governing Resolution delegates authority to the Quapaw Business Committee to speak and act on the behalf of the Quapaw Tribe; and

NOW LET IT THEREFORE BE RESOLVED, that The Quapaw Tribe of Oklahoma supports the signing of the Confidentiality Agreement for the Tri-State Mining District Natural Resource Restoration Inter-Governmental Partnership to assist and ensure the communication, coordination and cooperation of the Partners, in their individual and collective activities as Natural Resource Trustees, as they pursue restoration of, and compensation for, natural resources injured by releases of hazardous substances in the Tri-State Mining District.

CERTIFICATION

The foregoing resolution of the Quapaw Tribe of Oklahoma was presented at the August 21,1999 meeting of the Quapaw Tribal Business Committee, with a vote reflecting yes, _ no, abstaining, and absent.

Ed Rodgers, Chairman Quapaw Tribal Business Committee

Harry F. Gilmore, Secretary-Treasurer Quapaw Tribal Business Committee CONFIDENTIALITY AGREEMENT for the TRI-STATE MINING DISTRICT NATURAL RESOURCE RESTORATION INTER-GOVERNMENTAL PARTNERSHIP

I. INTRODUCTION

This Agreement is by and between: the State of Kansas; the State of Missouri; the State of Oklahoma; the Eastern Shawnee Tribe of Oklahoma; the Miami Tribe of Oklahoma; the Modoc Tribe of Oklahoma; the Quapaw Tribe of Oklahoma; the Seneca-Cayuga Tribe of Oklahoma, the Wyandotte Tribe of Oklahoma; Peoria Tribe; Ottawa Tribe and the U.S. Department of Interior (hereinafter referred to as the Department and including the U.S. Fish and Wildlife Service and Bureau of Indian Affairs) (collectively referred to herein as Partners). The Partners enter into this Agreement to assist and ensure the communication, coordination and cooperation of the Partners, in their individual and collective activities as Natural Resource Trustees, as they pursue restoration of, and compensation for, natural resources injured by releases of hazardous substances in Cherokee County, Kansas, Jasper County, Missouri, and Ottawa and Delaware counties, Oklahoma (collectively referred to herein as the Tri-State Mining District).

II. AUTHORITIES

Pursuant to 33 U.S.C. §§ 2702 and 2706, section 311 (f) of the Clean Water Act (CWA), 33 U.S.C. § 1321 (f), and sections 107(a)(4)(C) and 107(f) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), including sections 101, 104, 107, and 120,42 U.S.C. §§ 9607(a)(4)(C) and 9607(f), the National Oil and Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300; the Natural Resource Damage Assessment Regulations, 43 CFR Part 11 and 15 CFR Part 990) and Executive Order 12580 as amended, Trustees for natural resources may recover damages for injury to, destruction of, or loss of natural resources resulting from the release of a hazardous substance or the discharge of oil. Such damage awards must be used to restore, replace, rehabilitate, or acquire the equivalent of the injured natural resources. Injured resources include the federally-listed threatened and/or endangered species, migratory birds, and other resources for which the Tribes, States and/or the Department are Trustees.

III. PURPOSE

The purpose of this Agreement is to enhance communication, information sharing, coordination and cooperation among Partners and any Trustee Council(s) that may be formed relating to the Tri-State Mining District. This Agreement is intended to provide a framework for communication, coordination and cooperation, among the Partners and Trustee Councils subsequently formed, to develop a consistent approach to the assessment of damages as well as to achieve equitable restoration results throughout the Tri-State Mining District.

IV. CONFIDENTIALITY

The Partners agree that the free and open exchange of information and sharing of ideas and opinions with other Partners is crucial to achieving each Partner's common and individual goals. The Partners also recognize that all written or oral communications related to the assessment and recovery of damages for injury to natural resources are being undertaken in anticipation of litigation.

Accordingly, except as provided below or otherwise provided herein, the Partners shall treat all designated privileged documents generated, and designated priVileged communications, by, between or among the Partners as privileged attorney-client communications, attorney work product or protected by other applicable privileges such as the deliberative process privilege (or a combination thereof), and shall protect such documents and communications from disclosure to the maximum extent possible under applicable Federal, State and Tribal law. A "designated privileged communication" is one which occurs with an expectation of confidentiality and includes, but is not limited to, communications between the Governments' attorneys or their staff, agents, and/or experts in anticipation of litigation, in the seeking or giving of legal advice, and/or in the context of pre-decisional government deliberations. Similarly, a "designated privileged document" is a document which is drafted with an expectation of confidentiality, and includes, but is not limited to, communications between the Governments' attorneys or their staff, agents, and/or experts in anticipation of litigation, in the seeking or giving of legal advice, and/or in the context of pre-decisional government deliberations. All documents designated as privileged information shall be marked "Confidential." Documents marked "Confidential" are drafted with the expectations of confidentiality.

The transmittal of a designated privileged document to, or a designated privileged communication between or among any of the Partners or federal or state response action agencies or other federal, state or tribal Partners (and their counsel, representatives, contractors and consultants) does not waive, or imply any waiver, of any privilege or right which the transmitting entity may assert with respect to that document or communication.

If a subpoena, discovery request, or other request in any form, for a designated privileged document or information provided under this Agreement is received by any Partner, a copy of the subpoena or request will be immediately forwarded to counsel for the Partner or Partners to which the privilege applies and to the government representative(s) who originally generated the document or communication requested. The Partner who receives such a request shall also provide a draft of the Partner's intended response to such request not less than ten (10) days prior to the date that the Partner intends to issue its response. To the eX1ent that applicable law may require a response more promptly that is consistent with the above temporal requirement, the Partners agree to act in good faith to meet any such requirements.

Only by specific written agreement from specific Trustees or Trustee Councils, that may be subsequently formed, to the Partners or pursuant to Court Order shall disclosure of a designated privileged document or communication be made public or disclosed to a non-Partner, other than a federal, state or tribal response action agency or trustee. Such agreement shall not be construed as a waiver of privilege or confidentiality regarding any other documents or communications.

Designated privileged documents shall be maintained in such a manner as to insure that no intentional or unintentional disclosure is made which would compromise any asserted privilege, including segregating designated privileged documents in files that are identified as containing privileged documents that are not to be disclosed publicly or in response to a discovery request in any litigation that may result in connection with the Partners' exercise of their authority.

At the request and option of any Partner, designated privileged documents shall be returned to the originating Partner or destroyed, subject to the provisions of the Federal Records Act, 44 U.S.C. § 2901, et seq. In the case of culturally sensitive information (cultural functions that Tribes do not wish to be made public) is divulged by the Partners, this information will be treated as confidential by each Partner. V. EFFECTIVE DATE, AMENDMENT AND TERMINATION.

This Agreement shall be effective as to each Partner upon the date the Partner executes this Agreement. This Agreement may not be amended except by written agreement of all the Partners. This Agreement may be executed in one or more counterparts, each of which will be considered an original document. This Agreement shall continue in effect unless terminated by written agreement of all the Partners. However, any Partner may terminate its participation in the Agreement upon giving thirty (30) days written notice to all other Partners or as otherwise provided herein. The withdrawal of any Partner to this Agreement for whatever reason, shall not affect the validity of this Agreement among the remaining Partners. If a court of law holds any part of this Agreement void, illegal or unconstitutional, that part may be severable and the remainder of the Agreement may be enforced.

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