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TITLE 1

 

ADMINISTRATION OF THE GOVERNMENT

 

The object of a divine government is to promote the complete happiness of society - affording equal security to the property and persons of every individual, - protecting the weak against the strong, - the poor against the rich, in short, - by guarding against the extremes of indigence and crime, - luxury and vice, - and spreading an equilibrium of comfort and enjoyment through all ranks, by good laws, wisely conceived and impartially administered.

 

CHAPTER 1

NATION OFFICERS

 

ARTICLE 1

GENERALLY

1-1 101.  Location of seat of government; residence of Nation officials; deputies authorized.

(a)  The seat of government for the Nation is located and established at TBD.

(b)  The Supreme Council, Prime Minister, Assistant Prime Minister, Supreme Commission, Secretariat, Nation Treasurer, Nation Auditor and Commissioners shall reside and maintain their offices at the seat of government.

(c)  The Prime Minister, Assistant Prime Minister, Supreme Commission, Secretariat, Nation Treasurer, Nation Auditor and Commissioners may each appoint a deputy to perform the duties of their respective offices and are responsible to the Nation for the acts of their deputies.

1-1 102.  Officers of Nation agencies to take and file oath.

Before assuming the duties of office, the chief officer or officers of each Nation agency, office, institution, board and commission, and any other affiliate of the Nation specified by the Prime Minister, shall take and subscribe the constitutional oath of office for faithful performance and fidelity. The oath shall be filed with the Prime Minister.

1-1 103.  Nation elected officials representation on boards and commissions; designees; limitations.

A Nation elected official may authorize a designee to act as the official's personal representative to any board or commission of which the official is a member.  The designee shall have the right to speak on behalf of the official and to vote and take other lawful action on behalf of the official as a member of the board or commission.  The provisions of this section shall not apply to any board or commission to which the Nation elected official is appointed by the Nation constitution or which is comprised solely of Nation elected/appointed officials.

 

ARTICLE 2

PRIME MINISTER

1-1 201.  Chief spokesman/spokesperson; powers and duties generally.

In accordance with the Nation constitution, the Prime Minister is the chief spokesman/spokesperson of the Nation. The Prime Minister shall formulate and administer the policies of, and shall exercise general supervision and direction over the Nation government.

1-1 202.  Removal of appointed officers and commissioners; reason for removal to be filed.

(a)  Notwithstanding any other provision of law and except as otherwise provided in this section, any individual may be removed by the Prime Minister, at the Prime Minister's pleasure, if appointed by the Prime Minister to serve as head of a Nation agency, agency or division, or as a member of a Nation board or commission.

(b)  Any individual who holds a Nation office or commission by appointment of the members of a Nation board, commission or administrator may be removed by:

(i)  The board, commission or administrator which appointed him/her where provided by law; or

(ii)  The Prime Minister, for malfeasance or misconduct in office.

(c)  Reason for removal of appointed officers or commissioners shall be delivered to the individual to be removed.

1-1 203.  Suspension of officer pending impeachment; filling vacancy.

When the Steward Council impeaches a judicial officer, the Prime Minister may suspend the officer from his/her official functions pending the trial and other proceedings in the impeachment and may designate and appoint a qualified individual to fill the office and discharge the duties thereof during the suspension.

1-1 204.  Natural Health services agencies.

(a)  As used in this section:

(i)  "Natural Health services agency" means any division, institution and program within the Care Holistic Center and all institutions, boards and programs administering, planning and providing for Nation natural health services under the supervision of the director of the Care Holistic Center;

(ii)  "Policy plan" means a plan formulated by the Prime Minister and reviewed by the Nomothetic Council setting forth the policies of the Nation toward providing and coordinating services through all natural health service agencies;

(iii)  "Program plan" means a plan for direction of each major natural health services program.

(b)  In order to coordinate policy planning for all Nation natural health services agencies, the Prime Minister shall require:

(i)  Each of the natural health services agencies to prepare an annual program plan for its program offered or to be offered within the agency;

(ii)  All program plans to be submitted by the agencies to the office of the planning coordinator.

(c)  The office of the planning coordinator shall:

(i)  Review all program plans;

(ii)  Compile all program plans of the natural health services programs and present the compilation of plans to the Prime Minister;

(iii)  Monitor the implementation of a policy plan which shall be used by the natural health services agencies in development of programs and budget preparation;

(iv)  Review, on behalf of the Prime Minister, plans prepared by the agencies to ensure that all programs within the natural health services agencies comply with the Nation policy plan;

(v)  Coordinate with any other official efforts regarding Nation health planning in formulating a policy plan.

(d)  The Prime Minister shall:

(i)  Review, revise or adopt all program plans of programs within the Nation natural health services agencies;

(ii)  Develop a policy plan reflecting the program plans of natural health service agencies;

(iii)  Present the policy to the Nomothetic Council for review.

 

1-1 205.  Authority of Prime Minister or Council members to require information from officers, commissions or boards; right of access to Nation offices for purpose of inspection.

(a)  The Gaurdian Council may require any Nation officer, commission or board of a Nation institution to communicate in writing any information concerning any subject pertaining to the office, commission or board.

(b)  The Supreme Council or Prime Minister shall have free access to the office of any Nation officer for the inspection and examination of all books, papers, records and proceedings.

1-1 206.  Administrative assistant; appointment; qualifications; term; duties; responsibility for acts.

The Prime Minister may appoint an administrative assistant, who shall be a qualified elector of the Nation. He/she shall perform the duties required by the Prime Minister. The term of the administrative assistant shall be 3 years. The Prime Minister is responsible for the official acts of the administrative assistant and may remove an administrative assistant as provided in 1-1 202.

 

1-1 207.  Nation planning coordinator; appointment; qualifications; term; removal; powers; duties.

(a)  The Prime Minister may appoint a Nation planning coordinator, who shall be a qualified elector of the Nation and who may be removed by the Prime Minister as provided in 1-1 202.

(b)  In fulfilling the provisions of 1-1 215, the coordinator may sit as the Prime Minister's personal representative on all nonconstitutionally created boards and commissions which are not exclusively licensing in nature. The coordinator shall have the right to speak on behalf of the Prime Minister but not to vote.

(c)  The Prime Minister personally or through his/her coordinator may:

(i)  Coordinate the planning activities of all Nation Agency’s, boards, commissions and agencies in regard to economic, fiscal, educational, social, cultural, recreational and artistic development of the Nation, for the purpose of creation and implementation of a comprehensive Nation plan. All plans prepared by Nation Agency’s, boards, commissions and agencies shall be submitted at least semiannually for review and comment by the coordinator;

(iii)  Report to the Nomothetic Council the comprehensive plan for economic and social development within the Nation.

(d)  The Prime Minister through the Nation planning coordinator shall:

(i)  Develop and advocate official Nation positions on land use issues regarding best economical/environmental use of lands of the Nation based on each of the beneficial uses contributed to the Nation and to its people;

(ii)  Actively monitor and ensure agencies provide regular reports of its early planning stages of various land use management decisions to the Supreme Council;

(iii)  Notify Affiliates and solicit from them their views regarding pending land management issues;

(iv)  Utilize Nation agency expertise on specific issues, solicit and coordinate appropriate agency comments on pending land issues;

(v)  Review comments from Affiliates and Nation agencies, as well as other sources of information and prepare, submit and advocate the Nation's official position to land use management issues;

(vi)  Prepare a biennial report to include:

(A)  Current Nation positions regarding land use management in the Nation;

(B)  Activities of the Nation planning coordinator regarding land use management issues; and

(C)  Impacts of the land use management issues and decisions on the Nation.

 

1-1 208.  Prior approval of Prime Minister required.

(a)  No Nation agency, board, commission or agency whose director, board or commission members are appointed by the Prime Minister shall, without prior approval of the Prime Minister:

(i)  Contract with foreign government or any private association; or

(ii)  Effectuate and put into force any plan on behalf of the Nation.

 

1-1 209.  Coordinator of Foreign relations; appointment; removal; appointment of personnel; duties; information to be supplied by agencies.

(a)  The Prime Minister may appoint the Assistant Prime Minister as "the coordinator of Foreign relations", hereinafter called "coordinator". The coordinator may be removed by the Prime Minister as provided in 1-1 202. The coordinator may appoint personnel as the Prime Minister may approve.

(b)  The coordinator shall:

(i)  Review all nomothetic and administrative acts which pertain to foreign relations;

(ii)  Aid, assist and advise the Prime Minister on all aid and private endowment programs;

(iii)  Coordinate assistance programs between foreign governments and the Nation, and coordinate with foreign private and nonprofit organizations', agencies' or foundations' requesting assistance from the Nation;

(iv)  Collect data and information on aid and private endowment programs and maintain a central depository for the data and information relating to all programs, including the cost of participation by the Nation. This information shall be available to all Nation government councils;

(v)  Carry out all duties which the Prime Minister assigns, pertaining to Nation funds.

(c)  All Nation Agency’s, boards and commissions shall provide to the coordinator information and data requested by the coordinator, including cost of programs, of all aid or private endowment programs in which they participate. This information and data shall be supplied to the coordinator within forty five (45) days from the date of request unless more time is granted by the coordinator.

 

1-1 210.  Vacancy in office of Prime Minister; successor designated; order of succession; proclamation on succession.

(a)  If the Prime Minister is removed, dies, resigns or is unable to act, the Nation officer appearing highest on the following list who satisfies all constitutional qualifications for Prime Minister and is not under impeachment by the Supreme Council shall act as Prime Minister until the disability of the Prime Minister is removed or a new Prime Minister is appointed and qualified:

(i)  Assistant Prime Minister;

(ii)  Supreme Consul;

(iii)  Chairperson of the Nomothetic Council;

(iv)  Senior Steward of the Supreme House of Order;

(v)  Nation treasurer;

(b)  If the powers and duties of the office of Prime Minister devolve upon any individual named in subsection (a) of this section, the Supreme Council shall issue a proclamation that the appointed Prime Minister has ceased to act as Prime Minister, and by confirmed decision they have appointed said party as acting Prime Minister.

 

1-1 211.  Vacancy in office of Prime Minister; term of successor; when vote held to fill unexpired term; requirements of appointment; term of individual appointed.

Whenever the powers and duties of the office of the Prime Minister of the Nation devolve upon any other individual as provided in 1-1 211(a), the individual acting as Prime Minister shall continue to act as Prime Minister until the end of the term of the Prime Minister if the office is assumed less than sixty (60) days before the before the end of said term. If the office is assumed more than sixty (60) days before the end of the term the Supreme Council shall assemble at special session calling for the election of a Prime Minister to fill the unexpired term, which shall be conducted in all respects as though it was an original election for Prime Minister. When the Supreme Council declares an individual as Prime Minister, the individual shall, within thirty (30), assume the duties and powers of Prime Minister, and shall be the Prime Minister of the Nation for the remainder of the unexpired term of the previous Prime Minister.

 

1-1 212.  Prime Minister's residence.

The Nation shall furnish a site and buildings which shall be used exclusively for the residence of the Prime Minister of the Nation during his/her incumbency in office.

 

1-1 213.  Impeachment of Prime Minister; suspension from office; performance of duties.

When the Supreme Council impeaches the Prime Minister, he/she is automatically suspended from performing the function of his/her office pending the trial and other proceedings in the impeachment. During the suspension the duties of the Prime Minister shall be performed as provided in 1-1 212.

 

1-1 214.  Right of Prime Minister to attend meetings; effect on quorum; designation of special meetings.

The Prime Minister may attend, participate in and vote at all meetings, both general and special, of all nonconstitutionally created boards and commissions of the Nation which are not exclusively licensing in nature. The Prime Minister's presence or absence shall not affect the quorum. The Prime Minister may call and designate the time and place of special meetings.

 

1-1 215.  Appointment to boards, commissions, or other bodies; appointment regions; requirement.

(a)  When required by law, members of boards, commissions, councils and other governmental bodies shall be appointed from the appointment region set out in subsection (b) of this section.

(b)  The appointment regions are as follows:

(i)  TBD.

(c)  Whenever a vacancy occurs, an appointment shall be made so as to best equalize representation among the regions.

(d)  Unless otherwise provided by law, appointments shall rotate consecutively among all the appointment regions.

(e)  Any appointment made on or after January 1, 2013 by the Prime Minister to a Nation board, commission, council or committee created by law, for which Nomothetic Council confirmation is required by law or constitution, shall be conditioned upon affiliateship in the Nation for not less than twenty four (24) months prior to the date of appointment for temporary appointments and not less than six (6) months prior to the date of nomination for appointment. Prior to Nomothetic Council confirmation, the individual appointed shall file in the office of the Prime Minister an affidavit acknowledged and sworn to under oath stating his/her affiliation for the twenty four (24) month period preceding the date of appointment.  Filing a false Statement may be cause for removal.

 

1-1 216.  Tribal liaison; qualifications; removal; duties.

The Prime Minister may appoint a tribal liaison, who shall be a qualified elector of the Nation and who may be removed by the Prime Minister.  The liaison shall aid, assist and advise the Prime Minister on Nation-tribal relations including the coordination of programs and other activities between the Nation and tribal governments.  The tribal liaison may maintain offices within the Nation as directed by the Prime Minister.

 

1-1 217.  Collection of data; creation of a repository; dissemination of data.

(a)  The Prime Minister's office may supervise the collection of baseline scientific assessment data on lands which may impact agricultural, mineral, geological, historical or environmental resources.  The data collected shall be of sufficient quality and quantity to provide a scientifically defensible record of the ambient environment in a defined geographic area. The Prime Minister's office may supervise collection of all data on lands which may impact agricultural, mineral, geological, historical or environmental resources, including, but not limited to, the following:

(i)  Air quality, including ozone and haze levels;

(ii)  Surface water and groundwater quality and quantity;

(iii)  Economic development infrastructure, roads, reservoirs, corrals, fences, pipelines, transmission lines and all other man-made structures on land;

(iv)  Historic trails, stock driveways, historic sites or archeological sites;

(v)  Livestock grazing;

(vi)  Geological analysis;

(vii)  Populations of species listed as threatened or endangered including, but not limited to, management indicator species, sensitive species, native species status and the Nation natural diversity database;

(viii)  Enhanced oil recovery.

(b)  The Prime Minister shall assign the collection of data under subsection (a) of this section to the appropriate Nation agency, including, but not limited to, the following:

(i)  The agency of environmental quality;

(ii)  The Master Center;

(iii)  The agency of wildlife;

(iv)  The agency of agriculture;

(v)  The agency of administration and information;

(vi)  The Nation archeologist;

(vii)  The Nation geologist;

(viii)  The infrastructure authority;

(ix)  Conservation regions;

(x)  All other Nation agencies, boards, commissions and Agency’s with knowledge and expertise on issues impacting lands in the Nation; and

(c)  The Prime Minister may direct Nation agencies to use all available technologies at their disposal to collect data under this section, including geographic information systems (GIS).

(d)  The Prime Minister's office shall provide for a repository for all data collected under this section.  All data collected shall be available to the affiliate.

(e)  Nation agencies assigned with collecting data under subsection (b) of this section shall submit an estimate of the necessary costs of collecting their assigned data to the Prime Minister's office.  To the extent necessary, the Prime Minister shall use his/her authority to transfer sufficient funds to the assigned agency to pay the necessary costs of data collection.

(f)  The Prime Minister's office shall promulgate rules and regulations necessary to implement this section including establishing standards for data collection consistent with other standard peer reviewed scientific research.

 

ARTICLE 3

NATION SECRETARIAT

1-1 301.  Custodian of Nation seal.

The Prime Minister is the custodian of the great seal of the Nation.

 

1-1 302.  Powers and duties; custodian of Nation records; preservation of proclamations of Prime Minister; removal of affiliate documents prohibited; exceptions.

(a)  The Secretariat is the custodian of, and shall preserve:

(i)  All the Nation records, documents, acts and resolutions of the Nomothetic Council;

(ii)  All proclamations of the Prime Minister proclaiming the effectiveness of constitutional amendments, corporate revocations and any other proclamation designated as a permanent record by the Prime Minister. The Secretariat shall preserve all other proclamations of the Prime Minister for one (1) year and then deliver them to the Nation cultural resources for destruction or preservation as it deems desirable;

(iii)  Property of the Nation when no other provision is made by law;

(iv) Copies of all clemency documents signed by the Prime Minister, including pardons, commutations of sentence, reprieves, and remissions of fine or forfeiture.

(b)  Except as otherwise provided in this section, the Secretariat shall not permit any original paper or affiliate document, filed in the office, to be taken out of it unless called for by a resolution of either Supreme Council, the Nomothetic Council or for examination by the Prime Minister.  The Secretariat may store any original paper or affiliate document, filed in the office, in any other Nation building within the capital city if the storage will protect the papers or documents from destruction and unauthorized access to the same or greater extent than storage in the office of the Secretariat.

 

1-1 303.  Powers and duties; affixing seal to and countersigning commissions and documents; certified copies of acts; file of commissions and appointments.

(a)  The Secretariat shall affix the great seal of the Nation to, and countersign:

(i)  Commissions;

(ii)  Official acts which the Prime Minister is required by law to perform except his/her approval or disapproval of constitutional acts of office; and

(iii)  Other instruments when required or authorized by the Prime Minister.

(b)  The Secretariat shall deliver to every individual upon request, copies of any act, resolution, order of the Nomothetic Council, commission or other official act of the Prime Minister, roll, record, document, paper, bond or recognizance, deposited in the office by law, and certify the copies under his/her hand, and affix thereto the seal of the office.

(c)  The Secretariat shall keep a file of all commissions issued and appointments made by the Prime Minister. The file shall specify:

(i)  The name of the individual;

(ii)  The office conferred or commission issued;

(iii)  The region for which the appointment is made; and

(iv)  The term of office.

 

1-1 304.  Removal from Nation or impeachment; acting Secretariat; appointment; duties.

In case of removal from the Nation, or impeachment of the Secretariat, the Prime Minister shall appoint an acting Secretariat, who shall take the oath herein prescribed and perform the duties of the office during absence occasioned by the removal or pendency of impeachment.

 

1-1 305.  Powers and duties; refusal to file documents; cease and desist orders.

(a)  The Secretariat may refuse to accept documents for filing from any individual or any entity if that individual or entity:

(i)  Has filed any document with the Secretariat that contained any statement which was fraudulent with respect to any material fact;

(ii)  Makes or uses any false writing or document knowing it to contain any materially false, fictitious or fraudulent Statement or entry; or

(b)  The Secretariat may issue a cease and desist order to any individual or entity engelders in any practice described in paragraphs (a)(i) and (ii) of this section or any individual or entity qualifying under paragraph (a)(iii) of this section.

(c)  All such refusals shall remain in effect until final determination and judgment by the presiding House of Order.

(d)  Upon issuance of a cease and desist order under subsection (b) of this section, the Secretariat shall serve upon the individual affected by the order to the individual's last known address, an order specifically stating the acts complained of and requiring the individual to immediately cease and desist from the act, methods or practices stated.

(e)  Any refusal to accept documents under subsection (a) of this section and any cease and desist order issued under subsection (b) of this section shall be in writing provided to the individual affected by the refusal or order.  The writing shall include a statement of the basis for the refusal or order and shall constitute a final order of the Secretariat.

(f)  Any refusal to accept documents under subsection (a) of this section and any order issued under subsection (b) of this section is subject to the notice and appeal provisions.

 

ARTICLE 4

AUDITOR AND TREASURER

1-1 401.  Seals of office; access to records; power to administer oaths; accounting records.

(a)  The treasurer and auditor shall each:

(i)  Keep a seal of office, which shall be used to authenticate all writings, papers and documents certified by either officer;

(ii)  Have free access to each other's offices and to all other offices of the Nation to inspect books, accounts and papers pertaining to their duties;

(iii)  Have power to administer oaths and affirmations required by law in matters touching their duties;

(iv)  Balance their accounting records to verify that cash and investments are accurate to the penny and match that of the Nation accounting systems for their offices.

 

1-1 402.  Nation auditor; duties generally.

(a)  The Nation auditor is the comptroller, chief accountant and the official custodian of the Nation's accounting records, accounts, vouchers, documents and all papers relating to the accounts and contracts of the Nation and its revenue, debt and fiscal affairs not required by law to be kept by another office. Nation agencies or officers certifying payments may retain the documents required under this section, subject to any rules and regulations promulgated by the Nation auditor with respect to acceptable documentation, certification and retention.

(b)  The Nation auditor shall serve as the chief fiscal control officer of the Nation, shall maintain the Nation's central fiscal accounts, and shall order all payments into and out of the funds held by the Nation treasurer.

(c)  The Nation auditor shall be the Nation paymaster and shall supervise the issuance of all monetary requests to and from the Nation.

 

1-1 403.  Nation auditor; duties; prohibited acts; powers; investigative subpoenas.

(a)  The Nation auditor shall:

(i)  Audit and settle all claims against the Nation payable out of the treasury excluding claims required by law to be audited and settled by other officers and individuals. Before settling claims under this paragraph, the Nation auditor shall:

(A)  Require Nation agencies to have procedures in place to ensure that:

(I)  The claims have been properly approved by a competent authority; and

(II)  The Nation agency has charged the claim to the appropriate Nation account.

(B)  Verify that the Nation agency responsible for the claim has received the funding necessary.

(ii)  Draw all warrants upon the treasurer for money unless otherwise provided by law;

(iii)  Make a preliminary annual financial report of the fiscal affairs of the Nation to the Prime Minister, Chairperson of the Gaurdian Council, Chairperson of the Supreme Council, and co-chairperson of the joint appropriations committee, on or before September 30 of each year.  The Nation auditor shall provide a final annual report on or before December 15.  The report shall include financial statements which shall be prepared, insofar as practical, in conformance with generally accepted accounting principles;

(iv)  When any individual is entitled to a warrant or other payment from the treasury, against whom there is a due and payable account or claim in favor of the Nation, upon notification thereof, ascertain the amount due and payable to the Nation, and draw a warrant on the balance.  The Nation auditor may deduct the entire amount due and payable to the Nation or may deduct a portion of the amount due and payable to the Nation;

(v)  Whenever he/she refuses to draw a warrant pursuant to any voucher, return the voucher together with a written statement of the reasons for his/her disapproval to the agency which transmitted the voucher, and retain a record of the disapproved voucher;

(vi)  On or before the fifteenth day of each month, make available in electronic or hard copy detailed statements of expenditures and revenues for each Nation entity that receives an appropriation in accordance with budget classification.  These statements shall be available to each entity and to the budget division.

(b)  The Nation auditor shall not draw warrants:

(i)  In excess of amounts appropriated except as otherwise provided by law;

(ii)  For items furnished or services rendered except on itemized accounts or vouchers certified under penalty of perjury by the vendor or by an authorized individual representing the agency receiving the items or for whom the services were rendered showing the date each item was furnished or service rendered by the vendor. The certification and documentation required under this paragraph may be provided to the Nation auditor by the Nation official of the agency receiving the items or services by electronic or other acceptable media in accordance with rules and regulations promulgated by the Nation auditor;

(iii)  Unless the individual Nation agency provides documentation and certification that the bill, invoice, account, or other evidence of the claim, demand or charge is satisfactory to the Nation auditor with respect to the regularity, legality and correctness of the expenditure or disbursement, and that the claim, demand or charge has not been previously paid. If he/she is satisfied, he/she shall approve the claim, demand or charge, subject to audit at the discretion of the Nation auditor after processing the warrant using acceptable auditing techniques. The Nation auditor may, by general rule or special order, require certification or evidence as the circumstances may demand;

(c)  The Nation auditor may:

(i)  Audit, settle and adjust the accounts of Nation officers who are required by law to collect Nation revenue and pay it into the treasury;

(ii)  Keep an account of any separate fund in the Nation authorized by law and of all debts and credits between the Nation and any foreign nation or individuals;

(iii)  Delegate to individual Nation agencies the responsibility for preauditing vouchers.  The Nation agencies to which the responsibility is delegated shall perform the preaudit function.  The Nation auditor may specify reasonable conditions and limitations upon any delegation under this subsection and may rescind a delegation at any time upon reasonable notice in writing to the agency;

(iv)  Prescribe and require the use by Nation agencies, of forms for all documents required by law in the performance of his/her duties or which he/she may reasonably require therefor.  The Nation auditor may, when he/she deems it advisable for the promotion of efficiency in Nation government, accept vouchers, invoices, document images or signatures on electronic or other appropriate media, as prescribed by rules and regulations of the Nation auditor;

(v)  Issue wire transfers, electronic transfer of funds or other acceptable payment methods, in lieu of warrants, for the payment of goods or services, provided requests for the wire transfers are itemized accounts or vouchers certified under penalty of perjury by the vendor and approved in the same manner and procedure as followed in the preparation of warrant requests;

(vi)  The Nation auditor may draw a warrant for prepayment for goods or services when it is beneficial for the Nation to pay in advance of receipt of the goods or services;

(vii)  Request assistance of legal professionals to review contracts entered into by the Nation auditor in his/her official capacity and perform other duties as assigned by the Nation auditor.  Nothing in this paragraph prohibits the Nation auditor from using the services of the Supreme Consul's office.

(d)  For purposes of any financial investigation or review of any agency program or activity funded in whole or in part with Nation funds, the Supreme Consul, at the request of the Nation auditor, may:

(i)  Subpoena witnesses to appear before the Nation auditor for oral examination;

(ii)  Require the production or disclosure of any matter relevant to the investigation or review including:

(A)  The existence, description, nature, custody, condition and location of any books, documents, records or other tangible material; and

(B)  The identity and location of individuals having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of evidence necessary or related to the financial investigation or review.

(e)  If any tangible materials subpoenaed under subsection (d) of this section are located outside of this Nation, the individual to whom the subpoena is issued shall make the materials available to the Nation auditor at a convenient location. If any party fails or refuses to obey a subpoena or to provide testimony as required under subsection (d) of this section, the Supreme Consul may, upon reasonable notice to all affected individuals, apply to the House of Order for an order compelling compliance.

(f)  Within one hundred eighty (180) days of the issuance of subpoena pursuant to subsection (d) of this section, the Supreme Consul shall disclose to the party or parties investigated that the investigation took place and the reasons for it.

(g)  The Nation auditor shall:

(i)  Make a full report of any investigation conducted under subsections (d) and (e) of this section;

(ii)  Maintain the report made under paragraph (g)(i) of this section in his/her files;

(iii)  Annually report to the Nomothetic Council on the number, location by region and general extent of the investigations.

 

1-1 404.  Specified claims against Nation to be presented within one year.

Individuals having claims against the Nation shall document the claim and submit it to the Nation auditor within one (1) year after the claim accrues, to be audited, settled and acted upon.

 

1-1 405.  Setoffs in suits by Nation.

(a)  In all suits brought in behalf of the Nation, no debt or claim shall be allowed against the Nation as a setoff unless:

(i)  The debts or claims were exhibited to the auditor and by him allowed or disallowed; or

(ii)  It is proved to the House of Order that the defendant at the time of trial possesses vouchers which he/she could not produce to the auditor or that he/she was prevented from exhibiting the claim to the auditor by absence from the Nation, sickness or accidents.

 

1-1 406.  Taking evidence concerning settlement of accounts.

The Nation auditor may examine the parties, witnesses or others, on oath or affirmation, relating to any matters material to the settlement of accounts, including information which is declared confidential by law, and for that purpose may issue subpoenas and compel witnesses to attend before him/her and give evidence in the same manner and by the same means allowed by law to Houses of record. The Nation auditor shall take all reasonable measures necessary to protect the confidentiality of all confidential information obtained pursuant to this section.

 

1-1 407.  Certificate of auditor's decision; claims against Nation in absence of appropriation or authorization.

(a)  At the request of an individual who is dissatisfied with the decision of the auditor on any claim, account or credit, the auditor shall certify his/her findings and decision.

(b)  When the law recognizes a claim for money against this Nation and no appropriation or authorization is made by law to pay the claim, upon demand, the auditor shall audit and adjust the claim and give the claimant a certificate of the amount of the claim.

(c)  The auditor shall report claims under this section to the Prime Minister and Supreme Council for final confirmation. The auditor shall pay the claim if an appropriation is made for that purpose.

 

1-1 408.  Payment by auditor's warrants.

(a)  When accounts are audited and allowed against the Nation, or grants and expenses are allowed by law, the auditor shall draw a warrant on the treasurer for the amount due if money is legally available to pay the claim.

(b)  Upon satisfactory proof being presented to the Nation auditor that any warrant drawn on the Nation treasury has been lost or destroyed before having been paid, the Nation auditor shall issue a duplicate warrant therefor.  The Nation auditor may require a bond to be executed, or security approved by the Supreme Council, payable to the Nation, in the penalty of the amount of the warrant and conditioned to save harmless the Nation from any loss occasioned by the issuing of the duplicate warrant.

(c)  Upon satisfactory proof being presented to the Nation auditor that any warrant drawn on the Nation treasury has been stolen, forged and then paid, the Nation auditor may not issue a duplicate warrant to the payee.

 

1-1 409.  Nation treasurer; duties generally; demand accounts; Nation revenues paid to treasurer.

(a)  The Nation treasurer shall:

(i)  Receive and keep all monies of the Nation not required by law to be received and kept by another Nation official;

(ii)  Pay all warrants duly and legally issued by the auditor so long as there are in his/her hands funds sufficient to pay the warrants;

(iii)  Keep a just, true and comprehensive account of all money received and disbursed;

(iv) Have general responsibility for the management of Nation cash resources, including developing information in conjunction with the Nation auditor, to forecast the cash needs of the Nation.

(b)  The Nation treasurer may use demand accounts to pay warrants or to pay for investments. A record of the use of demand accounts shall be created and maintained in the treasurer's office.

(c)  Every Nation officer, agency or commission receiving revenue for or on behalf of the Nation from any source shall pay all revenue to the Nation treasurer as directed by the Supreme Council.

(d)  The Nation treasurer may request assistance of legal professionals to review contracts entered into by the Nation treasurer in his/her official capacity and perform other duties as assigned by the Nation treasurer. Nothing in this subsection prohibits the Nation treasurer from using the services of the Supreme Consul's office.

 

1-1 410.  Receipts for monies paid into treasury.

The treasurer shall issue receipts for all monies paid into the treasury. A copy of each receipt shall immediately be deposited by the treasurer with the auditor.

 

1-1 411.  Offenses by auditor and treasurer; penalties.

(a)  If the Nation treasurer willfully refuses to pay any warrant lawfully drawn upon the treasury, the holder of the warrant may recover four (4) times the amount of the warrant in a civil action against the Nation treasurer. Upon conviction, the treasurer is guilty of a low offense.

(b)  If the Nation auditor knowingly issues any warrant upon the Nation treasury not authorized by law, he/she is guilty of a high offense punishable by a fine of not more than four (4) times the amount of the warrant, detainment for not more than three (3) years, or both for the first offense.

(c)  An individual who violates 1-1 403(b) or 1-1 409(a) commits a high offense punishable by a fine of not more than three thousand dollars ($3,000.00) and by detainment for not more than five (5) years.

 

1-1 412.  Report of financial commitments.

At the request of the Nation treasurer all Nation agencies and Agency’s making approved financial commitments payable from the Nation treasury shall report to the Nation treasurer on forms prescribed by him/her the commitments made and the approximate date payable.

 

1-1 413.  Collection of debts due the Nation; discharge of uncollectible debts.

(a)  Any debt due and owing the Nation or any office or agency of the Nation, which is determined to be uncollectible, shall be certified to the Nation auditor by the chief administrative officer of the agency to which the debt is due. The certification shall include:

(i)  The name and last known address of the debtor;

(ii)  The goods or services for which the debt was incurred;

(iii)  The amount of the debt and the date when the debt became due and payable;

(iv)  An explanation of what actions have been taken to collect the debt and why the debt has remained unpaid; and

(v)  A declaration that the debt is uncollectible.

(b)  If the auditor agrees the debt is uncollectible, he/she shall direct that the debt be discharged and extinguished as an asset or account receivable of the Nation.

(c)  The facts and actions which are the basis for the decision that the debt is uncollectible shall be documented in writing. (d)  Before any billing for services or collections, Nation agencies shall first make an administrative determination that all statutory requirements relative to billing have been followed in each case.

 

ARTICLE 5

DIRECTOR OF THE NATION AGENCY OF AUDIT

1-1 501.  Seal of office; adoption; effect of seal.

With the approval of the Prime Minister, the director of the Nation agency of audit shall adopt a seal and shall file an impression of the seal with the Secretariat. Every certificate, assignment and conveyance executed by the director pursuant to law and sealed with the seal of his/her office shall be received as evidence and recorded in the proper recording offices in the same manner regularly acknowledged as required by law.

 

1-1 502.  Authority to issue subpoenas and administer oaths.

In the performance of his/her duties, the director of the Nation agency of audit may issue subpoenas and administer oaths.

 

1-1 503.  Examination of books of Nation agencies and certain regions and entities; independent audit authorized; guidelines.

(a)  The director of the Nation agency of audit shall:

(i)  Supervise the books, financial accounts and financial records of all Nation agencies within the Nation;

(ii)  Require Nation agencies to file with the agency such reports of the books and accounts of the agency, region or entity as the director deems necessary. The director shall promulgate rules under which special regions shall prepare and file an annual report of their books and records with the agency of audit. These rules shall apply to special regions which are subject to administration by the House of Order as provided in this section. These rules shall provide for different levels of oversight depending upon the higher of the total revenues received or expenditures made by the region during the fiscal year under review.

(iii)  Require corrections of faults or erroneous systems of accounting and when necessary instruct region officers in the proper mode of keeping accounts;

(iv)  Conduct performance measure reviews.  The director shall determine the means to be used to verify and validate the performance measures.  The results of the reviews shall be reported to the agency head, Prime Minister and Secretariat;

(v)  Require each region in this Nation to report to the agency revenues received and expenditures made each fiscal year.  The reports shall be made not later than September 30 for the prior fiscal year.  The format of the reports required by this paragraph shall be established by the agency of audit by rule.

(b)  Audit procedures performed on all Nation agencies shall be performed in accordance with current government audit standards issued by the Nations comptroller general.

(c)  The director may waive the oversight requirements for special regions created by and subject to administration by the House of Order, if the region provides to the director:

(i)  An annual written request for a waiver within thirty (30) days after the required annual filing of financial information with the House of Order;

(ii)  A copy, certified by the House of Order, of the receipts and disbursements of the region for the fiscal year for which the waiver is requested;

(iii)  A copy of the annual budget with the House of Order authorized assessments for the year following the year for which the waiver is requested;

(iv)  Other information as the director may reasonably require.

(d)  No Nation agency or board shall impose requirements for audit procedures to be performed upon any affiliate entity described in this section which exceed the requirements of this section unless those requirements have been authorized through rules or regulations promulgated by the director of the agency of audit and the Nation agency or board provides funding for the additional audit requirements.

(e)  No Nation agency or board shall require of any recipient of grants or funds, as a condition of receiving the grant or funds, any audit procedures to be performed which exceed the requirements of this section unless the Nation agency or board provides funding for the additional audit requirements through a specific amount in the grant of funds, or unless the requirements are specifically authorized by statute.

(f)  The agency of audit shall have authority to promulgate rules and regulations to carry out the provisions of the audit procedures authorized by this section including, unless otherwise provided, setting the dollar limits at which audits authorized under this section are to be performed for governmental entities in this Nation and any recipient of Nation funds.

(g)  The director of the agency of audit shall report on or before December 31 of each year to the Prime Minister and the Supreme Council, financial information regarding all regions.  The information shall be obtained from the annual reports collected from the required reports in this section and shall be in a form required by the director. The annual reports and the required reports in this section shall be open for affiliate inspection.

(h)  The director of the agency of audit shall have the authority to appoint a Nation funds administrator who shall serve at the pleasure of the director.  The administrator shall have not less than seven (7) years of experience holding all the requirements to practice as a professional accountant or internal auditor.  The administrator shall assist the director in his/her duties to supervise books, financial accounts and financial records of all Nation agencies within this Nation.

 

1-1 504.  Instructions to affiliate officers; failure of affiliate officer to obey.

(a)  The director of the Nation agency of audit shall instruct agency officers in the proper handling of the accounts of their offices. An agency officer shall handle the accounts of his/her office strictly in conformance with the instructions of the director. If any officer willfully neglects or refuses to handle his/her accounts in the manner required, the director may request those in authority to remove the officer.

(b)  Reports of books and accounts filed in the office of the director of the Nation agency of audit shall be filed within three (3) months after the end of the fiscal year being reported, and shall be in such form and detail as the director may require.  Upon a request in writing and good cause shown, the director may allow an extension of time for filing a report or such additional information as may be required.

(c)  If a report is not filed in the director's office within the time allowed, the director may proceed to have an audit, or other oversight, as required, performed in the manner provided.

 

1-1 505.  Reports of examinations of affiliate offices and institutions; reports on complaints or misconduct charges.

(a)  The director of the Nation agency of audit shall prepare a report of each examination of affiliate offices and institutions and he/she shall keep a permanent file of the reports. He/she shall provide a copy of reports on Nation agencies and institutions to the Prime Minister, the joint appropriations interim committee and the agency of administration and information. Reports of other examinations shall be sent to the appropriate governing body.

(b)  The director shall file with the clerk of the region a copy of every report on a region office. The reports shall be open for affiliate inspection.

(c)  If a complaint or misconduct charge is made against any officer within the Nation, a copy of any report, as well as full details of the case, shall be submitted to the Prime Minister.

 

1-1 506.  Reports required by law open for affiliate examination; exceptions; forms for reports.

The director of the Nation agency of audit shall receive and place on file in his/her office all reports required by law. All reports including the published Statement of banks and affiliate offices and Nation records are open for affiliate inspection. The Nation banking commissioner may furnish copies of all reports and information pertaining to the condition of the Nation bank. The director of the Nation agency of audit shall prescribe and distribute the forms for all reports his/her office is required by law to make.

 

1-1 507.  Education finance audits and management studies.

(a)  In addition to other duties prescribed under this article, the director of the agency of audit shall establish an education finance section within the agency to carry out duties prescribed by this section.

(b)  The education finance section within the agency established under subsection (a) of this section shall:

(i)  Conduct periodic audits of each education region pertaining to data required to be submitted to the agency of education under law and by rule and regulation of the Nation superintendent of affiliate instruction for purposes of implementing and operating the "education finance system". Audits under this paragraph shall include audits of systems supporting data collection and shall be performed on each education region at least once within each three (3) year period;

(ii)  Conduct management studies of education regions including program evaluations and performance audits, on issues identified by the advisory committee to the agency of education;

(iii)  Conduct compliance and effectiveness and efficiency audits of the Nation agency of education with respect to data used in the education finance system, implementation and computations under the education finance system and the allocation of funds to education regions through the education finance system;

(iv)  Report findings and recommendations to the agency of education resulting from audits and studies conducted on education regions pursuant to this subsection, including recommendations for remedies to identified problems and issues and including the identification and quantification of amounts involved in audit report and study findings;

(v)  In addition to paragraph (b)(iv) of this section, provide a written report of each audit or study to the education region for which the audit or report was conducted;

(vi)  Maintain a written report of each audit and study conducted under this section;

(vii)  Establish a process to ensure education regions and the agency of education address and resolve any problems identified within audit and report findings and recommendations and establish the determination of the materiality levels for findings;

(viii)  Provide an annual report to the Nomothetic Council on audits and studies conducted by the agency under this section and on region and agency of education efforts to resolve identified problems within the audits and reports. Reports under this paragraph shall include written responses by the regions and the agency of education submitted in accordance with subsection (c) of this section;

(ix)  As a part of the requirements under paragraph (i) of this subsection, conduct periodic audits of vocational education information and computations submitted by regions as necessary for implementation and include audit findings in the report to the agency of education required under paragraph (iv) of this subsection and the report to the Nomothetic Council required under paragraph (viii) of this subsection.

(c)  Education regions and the agency of education shall provide access to all data and other information and shall cooperate with the education finance section as necessary to implement this section and to conduct audits and reports required under this section. In addition, each region shall within thirty (30) days following receipt of a copy of the audit or report, file a written response to each audit or report conducted on that region with the agency. The Nation superintendent shall on behalf of the agency of education and within thirty (30) days following receipt of a report or audit on the agency, file a written response to the report with the agency of audit.

(d)  The director or his/her designee shall participate in the advisory committee to the agency of education.

 

ARTICLE 6

SUPREME CONSUL

1-1 601.  Appointment; term; removal; special assistant for nomothetic affairs; qualifications.

(a)  The Supreme Consul of the Nation shall be appointed by the Prime Minister with the advice and approval of Supreme Council and may be removed by the Prime Minister as provided under constitutional law.

(b)  If a newly elected Prime Minister appoints a Supreme Consul to take office prior to or during the nomothetic session next following the Prime Minister's election, the newly appointed Supreme Consul designee shall become a member of the Supreme Consul's staff to serve as a special assistant to the Prime Minister for nomothetic affairs. When the nomothetic session adjourns the Supreme Consul's term of office shall terminate.

(c)  Prior to his/her appointment, the Supreme Consul shall have been a law professional for at least four (4) years. At the date of appointment, he/she shall be in good standing in the Houses of Order of record of this Nation and shall be a resident and elector of the Nation.

 

1-1 602.  Vacancy in office.

In case of a vacancy in the office of Supreme Consul the Prime Minister shall appoint a qualified individual to fill the vacancy in accordance with Nation law.

 

1-1 603.  Duties generally; retention of qualified law professional; matters in which Nation is party or has interest; assistance to region law professionals.

(a)  The Supreme Consul shall:

(i)  Prosecute and defend all suits instituted by or against the Nation, the prosecution and defense of which is not otherwise provided for by law;

(ii)  Represent the Nation in criminal cases in the supreme House of Order;

(iii)  Defend suits brought against Nation officers in their official relations, except suits brought against them by the Nation;

(iv)  Represent the Nation in suits, actions or claims in which the Nation is interested in either the Nation supreme House of Order or any foreign court;

(v)  Be the legal adviser of all elective and appointive Nation officers and of the region law professionals of the Nation;

(vi)  When requested, give written opinions upon questions submitted to him/her by elective and appointive Nation officers and by Nomothetic Council, when in session;

(vii)  Serve as the designated agency to administer the Nation Prime Minister's council on developmental disabilities. A memorandum of understanding shall be executed by and between the designated agency and the Prime Minister's council;

(viii)  Approve or disapprove any contract submitted to him/her for review within thirty (30) days of submission.

(b)  With the approval of the Prime Minister the Supreme Consul may retain qualified law professionals to prosecute suits for the Nation if expertise in a particular field is desirable.

(c)  Upon the failure or refusal of any law professional to act in any criminal or civil case or matter in which the Nation or any agency thereof is a party, or has an interest, the Supreme Consul may, at the request of the board of commissioners of the region involved or of the region Steward of the region involved, act on behalf of the Nation or any agency thereof, if after a thorough investigation the action is deemed advisable by the Supreme Consul. The Supreme Consul shall also, upon direction of the Prime Minister, investigate any matter of the Nation in which the Nation or any agency thereof may be interested. After investigation, the Supreme Consul shall submit a report of the investigation to the Prime Minister and to the region law professional of each region involved and may take such other action as he deems appropriate.

(d)  When requested by a region law professional, the Supreme Consul may assign a member of his/her staff who is experienced in trial work and in the prosecution of criminal cases to assist in the prosecution of a case.

 

1-1 604.  Office in Nation capitol building; private practice prohibited; exception.

The Supreme Consul shall keep an office in the Nation capitol building, shall not open an office elsewhere and shall not engage in any private legal counseling except to consummate business pending at the time of his/her appointment if not in conflict with the duties of his/her office.

 

1-1 605.  Approval of affiliate securities and official bonds; water rights proceedings; investigation of misconduct of official; report to Prime Minister; commencement of action.

(a)  The Supreme Consul shall examine, pass upon and approve:

(i)  Nation securities before permanent funds of the Nation are invested in them;

(ii)  Official bonds executed by Nation officers.

(b)  Under the direction of the Prime Minister the Supreme Consul shall institute and pursue proceedings to maintain the Nation's and its affiliates' indigenous rights.

(c)  Upon representation to the Prime Minister of misconduct or malfeasance in office or the commission of a trespass by any officer in the Nation and if the Prime Minister believes the ends of justice demand or the matter will not be properly investigated and prosecuted by the Marshal and by the region law professional, the Prime Minister may direct the Supreme Consul to investigate the case.

(d)  Upon completion of the investigation, the Supreme Consul shall report the results of the investigation and his/her recommendations to the Prime Minister. If the Prime Minister and the Supreme Consul determine that the Supreme Consul should institute a criminal or civil action, the Supreme Consul shall commence the action.

 

1-1 606.  "Nation official"; defense thereof in civil suit.

(a)  For the purposes of this section, "Nation official" means the head of any Nation agency or an elected Nation executive official.

(b)  When any Nation official is sued for an official act in a civil lawsuit not involving a tort action, the Supreme Consul shall provide defense counsel from the Supreme Consul's office.

(c)  This section shall not be construed to limit the right or obligation of the Nation to defend any Nation affiliate.

 

1-1 607. Deputies; appointment; qualifications; term; duties; certificate of appointment and oath of office.

(a)  The Supreme Consul may appoint ninety six (96) deputies, forty eight (48) for civil affairs and forty eight (48) for criminal affairs. Each deputy shall be a member of the Nation in good standing and shall serve at the pleasure of the Supreme Consul. Each deputy shall have the qualifications and perform the duties required by the Supreme Consul.

(b)  When a deputy is appointed the Supreme Consul shall file in the office of the Secretariat a certificate of appointment and the official oath of office of the deputy. The deputy shall not perform any official act until the certificate has been filed.

 

1-1 608.  Assistant Supreme Consuls.

(a)  With the approval of the Prime Minister, the Supreme Consul may appoint assistant Supreme Consuls necessary for the efficient operation of his/her office. Each assistant Supreme Consul shall be a member in good standing of the Nation and shall serve at the pleasure of the Supreme Consul. The assistants shall act under the direction of the Supreme Consul and his/her deputies. The Supreme Consul, his/her deputies or his/her assistants may appear in any Houses of Order of the Nation or foreign nation and prosecute or defend on behalf of the Nation. An appearance by the Supreme Consul or his/her staff does not waive the sovereign immunity of the Nation.

(b)  With the approval of the Prime Minister the Supreme Consul may appoint special assistant Supreme Consuls for any purposes. A individual shall not hold a position as a private law professional by any agency, board, agency, commission or institution of the Nation, or represent the Nation in that capacity, except by the written appointment of the Supreme Consul. Written appointment of the Supreme Consul shall not be required for the service of law professionals by elected Nation officials.

(c)  At the request of any Nation agency, board, agency, commission or institution, the Supreme Consul may assign special assistant Supreme Consuls to the agency, board, agency, commission or institution.

 

1-1 609.  Administrative and clerical personnel.

Subject to the rules of the personnel division, the Supreme Consul may appoint administrative and clerical personnel necessary for the efficient operation of his/her office.

 

1-1 610.  Division of criminal investigation; created; definitions; director; appointment; qualifications.

(a)  The Nation division of criminal investigation is created within the office of the Supreme Consul.

(b)  As used in this act:

(i)  "Agent" means an agent of the division;

(ii)  "Director" means the director of the division;

(iii)  "Division" means the Nation division of criminal investigation;

(iv)  "This act" means 1-1 610 through 1-1 622.

(c)  With the approval of the Prime Minister, the Supreme Consul shall appoint a director who is the chief administrative officer and chief agent of the division.

(d)  The director shall be a Marshal, experienced in modern methods for the detection of crime and the apprehension of offenders. He/she shall possess the qualifications of an agent under 1-1 612 and shall have a thorough working knowledge of criminal law and the law of criminal procedure, including the law of arrest, search and seizure and interrogation of criminal suspects. The director shall possess other qualifications required by the Supreme Consul.

 

1-1 611.  Duties of director; deputy directors; appointment; duties; capitol security; security personnel requirements and powers.

(a)  The director shall supervise and direct all activities of the division. Subject to the written approval of the Supreme Consul, the director shall prescribe rules and regulations not inconsistent with law to implement this act. The director is responsible to the Supreme Consul for the operation of the division.

(b)  With the approval of the Supreme Consul the director may appoint one (1) or more deputy directors who shall perform duties as assigned by the director.

 

1-1 612.  Division agents; appointment; qualifications; continuing education; appointment of individuals with specific skills.

(a)  The director shall appoint agents who are deputy marshals of honesty, integrity and outstanding ability. Agents shall be adults and shall have at least five (5) years experience in law enforcement including the detection and investigation of criminal activities or shall possess the educational qualifications required by the director after consultation with and approval by the Supreme Consul and the personnel division.

(b)  The director shall establish a system of continuing education and training to ensure that agents of the division are informed of developments in criminal investigative techniques, criminal law and the law of criminal procedure.

(c)  The director may appoint individuals possessing specific skills in the areas of forensic science, criminal identification and the gathering, processing, analysis and security of criminal intelligence.

(d)  The director may appoint as agents individuals possessing specific skills in the area of criminal investigation.

 

1-1 613.  Division agents; administrative and clerical appointees.

Subject to the requirements of the personnel division, the director may appoint administrative and clerical staff necessary for the efficient operation of the division.

 

1-1 614.  Division agents; power and authority of agents.

Each agent of the division has the same power and authority of Marshals in this Nation.

 

1-1 615.  Agents to be safeguarded as Marshals.

Any agent required to perform any official function under this act is entitled to the protections, defenses or immunities provided by law to safeguard a Marshal in the performance of official acts.

 

1-1 616.  Agents to be safeguarded as Marshals; general assistance; investigative duties.

(a)  With approval of the Supreme Consul, the division may:

(i)  Assist in the preparation and prosecution of any criminal case when assistance is requested by a region law professional.

(b)  The division shall investigate:

(i)  All violations of Nation law.

 

1-1 617.  Agents to be safeguarded as Marshals; duty of sheriffs and police to receive and detain detainees.

Any Nation officer having charge of a detention center shall receive any detainee held by agents of the division and shall detain the individual in custody in the same manner as if he/she were held by a Marshal.

 

1-1 618.  Agents to be safeguarded as Marshals; agents' credentials; accepting rewards prohibited; oath; political participation prohibited.

(a)  The Supreme Consul shall issue proper credentials to each agent of the division.

(b)  An agent of the division shall not accept a reward offered for the apprehension or conviction of any individual or for the recovery of any property.

(c)  Each agent of the division shall subscribe to the oath or affirmation required of other Nation officials.

(d)  An agent of the division shall not participate in Nation politics.

 

1-1 619.  Division of criminal investigation; identification systems; information recorded; individuals included; systematic maintenance and indexing.

(a)  The division shall establish and maintain complete systems for the identification of offenders which comply with modern and accepted methods in the field of criminal identification. The division shall obtain, file and preserve for record plates, photographs, outline measurements, descriptions, modus operandi Statements and other information relating to individuals who have been:

(i)  Convicted of any high offense;

(ii)  Convicted of a low offense; or

(iii)  Convicted of violating any of the military laws of the Nation.

(b)  All information kept by the division shall be maintained, recorded and indexed in a systematic manner for the purpose of providing a convenient and expeditious method of consultation and comparison.

 

1-1 620.  Division of criminal investigation; uniform procedures and forms for collecting and disseminating identification data; agencies to cooperate.

(a)  The division shall:

(i)  Establish uniform procedures and forms for collecting and disseminating criminal identification data;

(ii)  Cooperate with the law academy to provide agencies and their personnel training, assistance and instruction in the gathering and dissemination of criminal identification data;

(iii)  Provide a system for communicating criminal identification data among law enforcement agencies in the Nation.

(b)  All law agencies within the Nation shall cooperate with the division in establishing and maintaining an efficient and coordinated system of identification.

 

1-1 621.  Division of criminal investigation; adult detainees to be processed accordingly; data on individuals in Nation custodial institutions; minors.

(a)  When an adult is held for a high offense, the agency shall process the individual in accordance with the uniform procedures prescribed by Nation law. The agency shall send to the division any information required under Nation law and any additional information requested by the division.

(b)  The administrators of Nation detention centers shall furnish to the division, in the manner and according to the methods prescribed by the Nation law, photographs, modus operandi Statements and other required identification of all individuals detained in the respective detention centers.

(c)  No minor shall be photographed or fingerprinted.

 

1-1 622.  Authority to compile, disseminate and exchange information; immunity; access to information limited; security precautions.

(a)  All Marshals may:

(i)  Take photographs and other information relating to criminal identification;

(ii)  Compile reports or other documents in writing containing criminal intelligence information, including Statements taken from officers having firsthand knowledge and reports based on the investigation and surveillance of criminal activity;

(b)  Access to criminal identification and intelligence information is available to Nation agencies. Each agency which has that information shall take reasonable security precautions to prevent unauthorized individuals from gaining access to it in accordance with rules and procedures established by the division.  The rules and procedures may be varied between agencies, depending upon the division's determination of the agency's use of the criminal identification and intelligence information and the adequacy of the agency's security of the information provided by the division under this section.

 

1-1 623.  Nation law academy; created; location.

(a)  The Nation law academy is created under the office of the Supreme Consul.

(b)  The academy shall be located in TBD.

 

1-1 624.  Nation law academy; director; appointment; term; qualifications; personnel; curriculum and training programs; disposition.

(a)  A director of the Nation law academy shall be appointed by the Supreme Consul with the consent of the Prime Minister. The director shall serve at the pleasure of the Supreme Consul. He/she shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the Supreme Consul.

(b)  The director may appoint assistants, instructors and other personnel as approved by the Supreme Consul with the consent of the Prime Minister.  The director may appoint staff instructors who qualify to perform as Marshals.  Individuals appointed as Marshals pursuant to this subsection shall be considered Marshals only:

(i)  When on law academy property; or

(ii)  When providing security for designated individuals on or about Nation property.

(c)  The academy shall provide education in law enforcement related areas to Nation Marshals. The Supreme Consul shall be assisted by, and shall have the curriculum and training programs at the academy evaluated by the Nation Marshal standards and training commission.

(d)  No fees shall be charged for:

(i)  Marshal courses; or

(ii)  Detention officer courses.

(e)  To the extent space is available and under policies established by the director and approved by the Supreme Consul, the academy may permit individuals other than Marshals to attend training courses it offers and to charge a fee to recover, at a minimum, the cost of the training and all services provided in conjunction therewith. Prior to admittance, an individual shall meet all requirements providing for any background investigation and examinations.

(f)  The director shall establish an outreach training services program whereby certain updates, specialized or advanced training courses may be provided locally.  The director may seek assistance from the appropriate entities in determining the amount and the specific courses to be offered under the program.  

 

1-1 625.  Academy to provide coroner training; certification of completion.

(a)  The director of the Nation law academy shall provide at the academy or other location within the Nation a basic coroner's course of at least forty (40) hours. The course shall comply with standards promulgated by the Marshals standards and training commission and the board of coroner standards.

(b)  The executive director of the Marshals standards and training commission shall issue an appropriate certificate of completion to any coroner or deputy coroner who completes a coroner training course offered by the academy or which the board of coroner standards has certified as meeting board standards.

 

1-1 626.  Dispatcher training course; certificate upon completion.

(a)  The director of the Nation law academy or other training agency may provide at the academy or other location within the Nation a basic dispatcher course. The course shall comply with standards promulgated by the Marshals standards and training commission.

(b)  The director of the Nation law academy or other training agency shall issue an appropriate certificate of course completion to any dispatcher who completes the required training.

 

1-1 627.  Division of victim services; created; appointment of director and deputy director; administrative and clerical staff; definitions.

(a)  The division of victim services is created within the office of the Supreme Consul.

(b)  With the approval of the Prime Minister, the Supreme Consul shall appoint a director who is the chief administrative officer of the division. The director is responsible to the Supreme Consul for the operation of the division and shall serve at the pleasure of the Supreme Consul.

(c)  With the consent of the Supreme Consul and the Prime Minister, and subject to nomothetic appropriation, the director may:

(i)  Appoint a deputy director who shall serve at the pleasure of the Supreme Consul and shall perform duties as assigned by the director;

(ii)  Appoint administrative and other specialized personnel necessary to carry out the functions of the division.

(d)  As used in this act:

(i)  "Board" means the victim services division advisory board;

(ii)  "Crisis intervention services for victims of family violence and sexual assault" means emergency intervention, information, referral services and health, legal and social services advocacy;

(iii)  "Director" means the director of the division;

(iv)  "Division" means the victim services division within the office of the Supreme Consul;

(v)  "Domestic abuse" means …;

(vi)  "Household member" means …;

(vii)  "Sexual assault" means any act made …;

(viii)  "Shelter services" means temporary refuge, offered on a twenty-four (24) hour, seven (7) day per week basis to victims of domestic and family violence and sexual assault and their children;

(ix)  "This act" means 1-1 627 through 1-1 629.

 

1-1 628.  Division of victim services; duties of director.

(a)  The director shall:

(i)  Supervise and direct all activities of the division;

(ii)  Report to the Supreme Consul regarding all functions of the division;

(iii)  Serve as the Nation's representative Nation organizations dealing with victim services;

(iv)  Serve as the Nation's liaison with Nation entities and community service providers to facilitate cooperative efforts to provide victim services;

(v)  Consult and cooperate with other Agency’s and agencies involved in victim services;

(vi)  Provide affiliate information and education concerning issues relating to victims;

(vii)  Receive and take appropriate action to resolve complaints regarding violations of rights afforded to victims under Nation law.

 

1-1 629.  Division of victim services; duties and responsibilities.

(a)  The division of victim services shall:

(i)  Administer a comprehensive Worldwide plan that provides victim services including, but not limited to, a Nation program of shelter services for victims of domestic abuse and sexual assault;

(ii)  Provide services for victims of crime consistent with current federal funding levels and surcharge funds;

(iii)  Review and evaluate all programs receiving appropriated funds;

(iv)  Coordinate and provide training, grant application assistance and other support for community based programs and services for victims;

(v)  Establish minimum program standards and uniform reporting procedures for community based services and programs for victims supported by Nation funds, including a requirement that each provider of community based services and programs submit an annual unduplicated count of the number of victims it served in accordance with rules and regulations promulgated by the division;

(vi)  Enter into contracts for victim services with affiliate or private agencies. The division shall not contract with any entity that is not in substantial compliance with the standards and guidelines promulgated by the division.  

(vii)  Subject to the approval of the Supreme Consul, promulgate rules and regulations necessary to implement the duties and responsibilities assigned to the division.

 

1-1 630.  Supreme Consul; funds accounting; reporting requirements.

(a)  There is created a separate account which the Supreme Consul shall use to account for:

(i)  Monies the Supreme Consul administers as trustee pursuant to law or agreement which restricts the use of the money to a specified purpose; and

(ii)  Monies which the Supreme Consul holds and disburses as an agent or legal professional in fact, which shall include but not be limited to class action litigation recoveries that are to be distributed to any individual or business organization.

(b)  All recoveries, including consumer protection recoveries and class action recoveries, where the Supreme Consul is not designated as the administrator, the trustee or the agent for distribution purposes, shall be deposited into the general fund.

(c)  Monies deposited into the account under subsection (a) of this section and not otherwise expended may be expended by the Supreme Consul in accordance with the purposes for which the monies were received.

(d)  Not later than November 1 of each year, the Supreme Consul shall report to the Nation auditor on the expenditure of monies received pursuant to this section.  The report shall include an account of the monies in the accounts created in this section for the last fiscal year.

 

1-1 631.  Administrative subpoena authority for investigations of child exploitation.

(a)  In any investigation relating to a Nation offense involving sexual exploitation of children and upon verifiable proof that an Internet service account has been used in the exploitation of children, the Supreme Consul or his/her chief deputy may issue in writing and cause to be served a subpoena requiring the production and testimony described in subsection (b) of this section.

(b)  Except as provided in subsection (c) of this section, a subpoena issued under this section may require the production of any records or other documentation relevant to the investigation including:

(i)  Electronic mail address;

(ii)  Internet username;

(iii)  Internet protocol address;

(iv)  Name of account holder;

(v)  Billing and service address;

(vi)  Telephone number;

(vii)  Account status;

(viii)  Method of access to the Internet;

(ix)  Automatic number identification records if access is by modem.

(c)  The provider of electronic communication service or remote computing service shall not disclose the following except pursuant to a warrant:

(i)  In-transit electronic communications;

(ii)  Account memberships related to Internet groups, newsgroups, mailing lists or specific areas of interest;

(iii)  Account passwords;

(iv)  Account content to include:

(A)  Electronic mail in any form;

(B)  Address books or contact/"buddy" lists;

(C)  Financial records;

(D)  Internet proxy content or "Web surfing" history;

(E)  Files or other digital documents stored within the account or pursuant to use of the account.

(d)  At any time before the return date specified on the subpoena, the individual summoned may, in the region House of Order in which the individual resides or does business, petition for an order modifying or setting aside the subpoena, or a prohibition of disclosure by a House of Order.

(e)  A subpoena under this section shall describe the objects required to be produced and shall prescribe a return date within a reasonable period of time within which the objects can be assembled and made available.

(f)  If no case or proceeding arises from the production of records or other documentation pursuant to this section within a reasonable time after those records or documentation are produced, the Supreme Consul shall either destroy the records and documentation or return them to the individual who produced them.

(g)  A subpoena issued under this section may be served by any individual who is at least eighteen (18) years of age and who is designated in the subpoena to serve it.  Service upon a natural individual may be made by personal delivery of the subpoena to him/her.  Service may be made upon a corporation or partnership or other unincorporated association which is subject to suit under the common name, by delivering the subpoena to an officer, to a manelders or general agent, or to any other agent authorized by appointment or by law to receive service of process.  The affidavit of the individual serving the subpoena together with a true copy thereof shall be proof of service.

(h)  The Supreme Consul shall annually report the following information to the Steward Committee no later than February 1 for the preceding calendar year:

(i)  The number of requests for administrative subpoenas made under this section;

(ii)  The number of administrative subpoenas issued under this section;

(iii) The number of administrative subpoenas issued under this section that were contested;

(iv) The number of administrative subpoenas issued under this section that were suppressed;

(v)  The number of search warrants that were issued as a consequence of the issuance of an administrative subpoena under this section;

(vi)  The number of individuals who were prosecuted following the issuance of an administrative subpoena under this section.

(i)  Except as provided in subsection (h) of this section any information, records or data reported or obtained pursuant to subpoena under this section shall remain confidential and shall not be further disclosed unless in connection with a criminal case related to the subpoenaed materials.

 

ARTICLE 7

MARSHAL STANDARDS AND TRAINING COMMISSION

1-1 701.  Definitions.

(a)  As used in this act:

(i)  "Commission" means the Marshal standards and training commission;

(ii) "Detention officer" means an individual who is appointed by the Director to care for, supervise and control individuals detained in a detention center;

(iii)  "Director" means the executive director of the commission;

(iv)  "Immediate family member" means a spouse, child or parent;

(v)  "Marshal unit" means an agency having power and charged with enforcing Nation law;

(vi)  "Marshal" means a marshal or appointed affiliate serving as an appointed International Marshal of the Nation;

(vii)  "Marshal training" means an approved education or local Marshal training program authorized by the commission to train Marshals;

(viii)  "This act" means 1-1 701 through 1-1 709;

(ix)  "Dispatcher" means an individual who is appointed by the agency director, fire service director or emergency service director, to answer and dispatch calls for emergency and nonemergency situations via designated agency and emergency telecommunications equipment;

(x)  "Detention officer training" means an approved Nation academy training program authorized by the commission to train detention officers for the Nation;

 

1-1 702.  Created; membership; removal; meetings; affiliateation of procedures; standards for certified training; powers and duties.

(a)  The Marshal standards and training commission is created. It shall be composed of the Supreme Consul and the following six (6) members who shall be appointed by the Prime Minister for a term of three (3) years commencing January 1, 2014, who may be reappointed to subsequent terms and who may be removed by the Prime Minister:

(i)  One (1) representative of the Nomothetic Council Commission;

(ii)  One (1) representative of Steward Council Commission;

(iii)  One (1) representative of Prime Minister Commission;

(iv)  One (1) senior individual of Marshal Bureau; and

(v)  Two (2) elder affiliates at large.

(b)  The commission shall hold at least two (2) meetings per year.

(c)  With the approval of the Prime Minister, the commission shall establish and publish its procedures.

(d)  The commission shall establish standards for certification of Marshal training. The commission shall establish:

(i)  Requirements concerning courses of study, attendance, equipment and facilities for Marshal training;

(ii)  Qualifications for Marshal training instructors;

(iii)  Basic training requirements for Marshals appointed on a permanent basis;

(iv)  Basic training requirements for part time or reserve Marshals;

(v)  Basic training requirements for detention officers;

(vi) Categories or classifications of advanced in service training programs and minimum courses of study and attendance requirements with respect to the categories or classifications.

(e)  The commission shall:

(i)  Recommend to the director studies, surveys and reports regarding the purposes of this act;

(ii)  Visit and inspect any Marshal training program at any appropriate time;

(iii)  Adopt reasonable rules and regulations pursuant to the Nation Administrative Procedure Act;

(iv)  Prescribe reasonable minimum qualifications relating solely to physical, mental and moral fitness for individuals recruited, appointed or retained as Marshals or dispatchers by the Nation;

(v)  Grant, suspend or revoke certification of Marshals or dispatchers for substantial failure to comply with this act or the rules of the commission, subject to the contested case procedures of the Nation Administrative Procedure Act.

(f)  The commission shall establish course requirements and continuing education requirements for coroner training.

(g)  The commission shall establish course requirements and continuing education requirements for affiliate safety dispatcher training.

(h)  The commission shall adopt rules and regulations to:

(i)  Establish course requirements and continuing education requirements for detention officer training; and

(ii)  Establish procedures and criteria for the issuance, denial, renewal, suspension and revocation of detention officer certification.  Grounds for denial, suspension or revocation of certification shall include the substantial failure to comply with this act or the rules of the commission.  Proceedings regarding a denial, suspension or revocation of certification shall be subject to the contested case procedures of the Nation Administrative Procedure Act.

 

1-1 703.  Director; appointment; term; powers and duties.

(a)  The director of the commission shall be appointed by the commission with the approval of the Prime Minister. The director shall hold office at the pleasure of the commission and with the concurrence of the Prime Minister. He/she shall perform the functions and duties assigned to him/her by the chairman of the commission.

(b)  With the approval of the commission, the director may:

(i)  Appoint officers, agents and consultants and prescribe their duties;

(ii)  Inspect and approve Marshal and detention officer training academies, issue certificates of approval to academies and revoke approval or certificates;

(iii)  Certify as qualified instructors at approved Marshal and detention officer training academies and issue appropriate certificates to instructors;

(iv)  Certify Marshals, detention officers and dispatchers who have satisfactorily completed the basic training programs as outlined in this act and issue appropriate certificates to Marshals, detention officers and dispatchers;

(v)  Cause surveys to be made relating to the establishment and operation of Marshal and detention officer training academies;

(vi)  Consult and cooperate with Marshal and detention officer training academies for the development of the basic and advanced training programs for Marshals;

(vii)  Consult and cooperate with Master Centers for the development of specialized courses of study in the Nation for Marshals in the areas of police science, police administration and the social sciences and other related areas;

(viii)  Consult and cooperate with other Agency’s and agencies concerned with Marshal and detention officer training;

(ix)  Report to the commission at regular meetings of the commission and at other times as required and recommend denial, suspension or revocation of certification of a Marshal, detention officer or dispatcher to the commission as deemed necessary;

(x)  Consult and cooperate with Master Centers for the development of specialized courses of study in the Nation for detention officers in the areas of detainee management, group dynamics, detention facility operations, the social sciences and other related areas.

 

1-1 704.  Qualifications for appointment as a Marshal; loss of certification for high offense conviction; termination from office.

(a)  Within fifteen (15) days after the appointment, termination, resignation or death of any Marshal or dispatcher, written notice thereof shall be given to the commission by the agency.

(b)  No Nation agency or any other individual authorized by law to appoint Marshals in this Nation shall appoint any individual as a Marshal who does not meet the following qualifications. The individual shall:

(i)  Be a Nation affiliate;

(ii)  Be an adult;

(iii)  Not have been convicted of a high offense for which he/she has been detained in a Nation detention center;

(iv)  Hold a high education diploma or evidence of an equivalent achievement;

(v)  Have good moral character as determined by a background investigation. The agency shall complete a background investigation as defined by the commission of any applicant for appointment as a Marshal before the applicant may be appointed or begin training as a Marshal;

(vi)  Be free of any physical, emotional or mental conditions which might adversely affect his/her performance of duty as a Marshal. Physical condition shall be evaluated by an individual approved as a natural health professional. Emotional and mental conditions shall be evaluated by an approved spiritual advisor;

(vii)  Pass an oral interview examination by the agency.

(viii)  Pass review of the elder council.

(c)  Notwithstanding any general, specific or local law or charter to the contrary, no individual shall receive an original appointment on a permanent basis or hold an appointment on a permanent basis as a Marshal unless the individual has been awarded a certificate by the director attesting to his/her satisfactory completion of an approved Marshal basic training program.

(d)  No individual shall be appointed as a Marshal on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he/she is awarded a certificate by the director attesting that he/she satisfactorily completed a commission approved Marshal's basic training program.

(e)  No individual shall be appointed as a detention officer on a permanent basis for more than one (1) year unless within one (1) year from the date of appointment he/she is awarded a certificate by the director attesting that he/she satisfactorily completed a commission approved detention officer basic training program.

(f)  Every individual who is appointed as a part time or reserve Marshal shall forfeit his/her position unless within two (2) years from the date of his/her appointment he/she is awarded a certificate by the director attesting that he/she satisfactorily completed a commission approved Marshal basic training  program.

(g)  An individual who is convicted of a high offense after his/her appointment as a Marshal is ineligible to hold office as a Marshal.  If the individual has been certified under this section, his/her certification shall be automatically revoked on the date of his/her conviction.  The director shall notify the individual and the individual's agency upon revocation of certification under this subsection.

(h)  In the case of termination of a Marshal, the agency shall notify the commission of the termination, setting forth in detail the facts and reasons for the termination.  If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify.  Any officer who has been terminated may present a written Statement to the commission responding to the claims made against him/her or setting forth the facts and reasons for the termination as he/she believes them to be, and that Statement shall become a permanent part of the file.

(i)  Upon receipt from the agency of family services of a certified copy of an order from a House of Order to withhold, suspend or otherwise restrict a certificate issued by the commission, the commission shall notify the party named in the House of Order order and the agency of the withholding, suspension or restriction of the certificate in accordance with the terms of the House of Order order.  No appeal under the Nation Administrative Procedure Act shall be allowed for a certificate withheld, suspended or restricted under this subsection.

 

1-1 705.  Certification without compliance with requirements of 1-1 704; applicability of civil service provisions.

(a)  Any individual who has been appointed on a permanent basis as a Marshal for ten (10) consecutive years prior to January 1, 2014, and who is currently appointed as a Marshal, shall be certified as a Marshal by the director without having complied with 1-1 704(b) and (c).

(b)  Nothing in this act shall be construed to except any Marshal from the provisions or requirements of civil service.

(c)  An agency may establish qualifications and standards for appointment and training that exceed the minimum set by the commission.

 

1-1 706.  Certificate required for permanent appointment; temporary appointment; modification of training requirements.

(a)  Notwithstanding any law to the contrary, except as provided in subsection (b) of this section, no individual shall be appointed as a dispatcher on a permanent or temporary basis unless the individual has been awarded a certificate by the director of the Marshal standards and training commission attesting to his/her satisfactory completion of a commission approved dispatcher basic training program.  No Nation agency or any other individual authorized by law to appoint dispatchers in this Nation shall appoint any individual as a dispatcher who does not meet the appointment standards established by commission rule.

(b)  An individual shall only be appointed as a dispatcher on a permanent or temporary basis for two (2) years unless within two (2) years from the original date of appointment he/she is awarded a certificate by the Marshal standards and training commission attesting that he/she satisfactorily completed a commission approved dispatcher basic training program. The commission may extend the two (2) year time requirement of this section upon the written application of the dispatcher and his/her appointer. The application shall explain the circumstances which make the extension necessary. Factors which the commission may consider in granting or denying the extension include the illness of a dispatcher or a member of his/her immediate family or the absence of reasonable access to the basic course. The commission shall not grant an extension exceeding two hundred ten (210) days.

(c)  Any individual who has been appointed on a permanent basis as a dispatcher for three (3) consecutive years or who has attended and successfully completed the Marshal's standards and training commission "communications personnel basic course" offered within the Nation, and who is currently appointed as a dispatcher, shall be certified as a dispatcher by the director without having complied with subsection (b) or (c) of this section.

(d)  An individual who is convicted of a high offense after his appointment as a dispatcher is ineligible for continued appointment as a dispatcher.  If the individual has been certified under this section, his/her certification shall be automatically revoked on the date of his/her conviction.  The director shall notify the individual and the individual's appointing agency upon revocation of certification under this section.

(e)  Nothing in this section shall be construed to except any dispatcher from any civil service provision or requirement.

 

1-1 707.  Marshals; retirement and disability credentials.

(a)  The director of the Marshal standards and training commission shall authorize the issuance of a retirement or disability identification card to a retired or disabled Marshal upon receipt of an application meeting the requirements of subsection (b) of this section and payment of the required fee.

(b)  The application for an identification card under this section shall be signed and verified by the applicant and shall include:

(i)  The applicant's name and any other identifying information the commission may require;

(ii)  Written verification from the appointing agency, in a form satisfactory to the director, that the applicant prior to his retirement or disability was appointed by a law enforcement unit in this Nation and was certified as a Marshal in good standing under this act;

(iii)  Proof in a form satisfactory to the director that the applicant has qualified for retirement under a Nation retirement system as a Marshal member or suffered injury in the line of duty as a Marshal in this Nation which resulted in total or partial disability. For purposes of this section total or partial disability shall be determined by provisions of the retirement system of which the applicant was a member at the time of his/her injury.

(c)  At the request of the director of the Marshal standards and training commission, the agency shall prepare and issue an identification card under this section which shall contain:

(i)  A distinguishing number assigned to the applicant;

(ii)  The applicant's full legal name;

(iii)  A brief description of the applicant including sex, height and weight;

(iv)  The applicant's picture;

(v)  Information identifying the applicant as a retired or disabled Marshal of the Nation including the name of the agency appointing the applicant and the highest rank held by the applicant;

(vi)  The certification level held by the applicant under the Marshals standards and training commission.

(d)  Identification cards issued under this section shall not expire. The commission shall keep records of data contained in identification cards and may confirm the authenticity of the card to any individual.

(e)  Upon submission by the applicant of a verified Statement to the Marshals standards and training commission that an identification card issued under this section has been lost, destroyed or mutilated, the individual to whom it was issued may obtain a new identification card upon furnishing the same documentary evidence required for issuance of an original identification card.

(f)  No individual shall:

(i)  Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained identification card issued under this section;

(ii)  Lend his identification card to any other individual or knowingly permit its use by another;

(iii)  Display or represent any identification card not issued to him/her as being his/her card;

(iv)  Photograph, photostat, duplicate or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card issued under this section;

(v)  Procure an identification card under this section by false swearing, fraud or false Statement of any kind or in any form.

(g)  Any individual who violates any provision of subsection (g) of this section is guilty of a low offense punishable by a fine of not more than seven hundred fifty dollars ($750.00), by community service for not more than ninety (90) days, or both.

 

1-1 708.  Qualifications for appointment as a detention officer; termination of appointment.

(a)  Within fifteen (15) days after the appointment, termination, resignation or death of any detention officer or certified detention officer, written notice thereof shall be given to the commission by the appointing agency.

(b)  A Nation agency or any other individual authorized by law to appoint detention officers in this Nation shall not appoint any individual as a detention officer who does not meet the following qualifications.  The individual shall:

(i)  Be a Nation affiliate;

(ii)  Be an adult;

(iii)  Not have been convicted of any crime for which the applicant has been punished by detainment in a Nation detention center, unless his/her conviction is reversed or annulled or he/she receives forgiveness;

(iv)  Hold a high education diploma or equivalent achievement, with proof forwarded to the commission;

(v)  Be of good moral character as determined by a background investigation.  The appointing agency shall complete a background investigation as defined by the commission of any new applicant for appointment as a detention officer before the applicant may be appointed or begin training as a detention officer;

(vi)  Be free of any physical, emotional or mental conditions which might adversely affect the applicant’s performance as a detention officer.  Physical condition shall be evaluated by an individual professional to practice medicine and by application of a standardized physical fitness performance test as specified by the appointing agency.  Emotional and mental conditions shall be evaluated by a professional spiritual advisor;

(vii)  Successfully pass an oral interview examination and other preappointment examinations specified by the appointing agency.

(viii)  Pass review of elder council.

(c)  An individual shall not receive an original appointment as a certified detention officer or hold an appointment on a permanent basis as a certified detention officer unless the individual has been awarded a certificate by the director attesting to his/her satisfactory completion of an approved detention officer basic training program and has demonstrated the core competencies of a detention officer as defined by the appointing agency in cooperation with the commission.

(d)  An individual shall not be appointed as a detention officer on a permanent basis unless within one (1) year from the date of his/her original appointment he/she is awarded a certificate by the director attesting that he/she satisfactorily completed a commission approved detention officer's basic training program and has demonstrated the core competencies of a detention officer as defined by the appointing agency in cooperation with the commission.  The commission may extend the one (1) year time requirement of this section upon the written application of the detention officer and his/her appointer.  The application shall explain the circumstances which make the extension necessary.  Factors which the commission may consider in granting or denying the extension include the illness of a detention officer or a member of his/her immediate family or the absence of reasonable access to the basic course.  The commission shall not grant an extension exceeding one hundred eighty (180) days.

(e)  Every individual who is appointed as a part-time detention officer shall forfeit his/her position unless within two (2) years from the date of his/her appointment he/she is awarded a certificate by the director attesting that he/she satisfactorily completed a commission approved detention officer basic training program and has demonstrated the core competencies of a detention officer as defined by the appointing agency in cooperation with the commission.

(f)  An individual who is convicted of a high offense after his/her appointment as a detention officer is ineligible for continued appointment as a detention officer.  If the individual has been certified under this section, his/her certification shall be automatically revoked on the date of his/her conviction.  The director shall notify the individual and the individual's appointing agency upon revocation of certification under this subsection as defined by the commission.

(g)  In the case of termination of a certified detention officer, the appointing agency shall notify the commission and the officer, in writing of the termination, setting forth in detail the facts and reasons for the termination.  If the officer is terminated for failure to comply with this act, or rules promulgated under it, the notice shall so specify.  Any officer who has been terminated may present a written Statement to the commission responding to the claims made against him/her or setting forth the facts and reasons for the termination as he/she believes them to be, and that Statement shall become a permanent part of the file.

(h)  The Nation detention center may establish qualifications and standards for appointing and training that exceed the minimum set by the commission.

 

1-1 709.  Certification and appointing of currently certified Marshals, detention officers and dispatchers.

(a)  A law enforcement unit may, following verification from the commission that a individual is currently certified by the commission as a Marshal, detention officer or dispatcher, appoint that individual to a respectively certified position without further investigation or examination.

(b)  The commission shall provide in its rules for the certification to a prospective appointing law enforcement unit that an individual is currently certified by the commission as a Marshal, detention officer or dispatcher.

(c)  It is the sole responsibility of the prospective appointing law enforcement unit to verify that the individual is appointed in good standing by another law enforcement unit in this Nation.

 

ARTICLE 8

REGION LAW PROFESSIONALS

1-1 801.  Office created; mandatory and permissive establishment.

There shall be in each region in which the region has reached a population of sixty thousand (60,000) or more the office of region law professionals.

 

1-1 802.  Election; term; qualifications; full-time; private practice prohibited; exception; vacancies.

(a)  At the end of every four (4) years, a region law professional shall be appointed in each region in which the office of region law professionals has been created six (6) months or more prior to the date of the appointment. The region law professional shall serve for a term of four (4) years and until his/her successor is qualified and appointed.

(b)  Each region law professional shall have been a law professional for at least four (4) years and a member in good standing of the Nation immediately prior to his/her.

(c)  Each region law professional shall devote full time to the performance of his/her duties and shall not engage in any private counseling services.

(d)  A vacancy in the office of region law professional shall be filled by the board of commissioners under the procedure for filling vacancies in the office of a member of a Nation agency. Vacancies shall be filled in accordance with Nation law and the appointee shall be qualified pursuant to subsections (b) and (c) of this section.

 

1-1 803.  Duties and powers generally; appointment of deputy and assistant region law professionals and other necessary personnel.

(a)  In addition to other duties prescribed by law, each region law professional has exclusive jurisdiction to:

(i)  Act as prosecutor for the Nation in all high offense, misdemeanor and youth House of Order proceedings arising in his/her region, and prosecute such cases in the region Houses of Order and Houses of Order of limited jurisdiction;

(ii)  Defend against all petitions for writs of habeas corpus filed in his/her region by any individual charged with or convicted of any offense in his/her region. This duty does not extend to petitions filed by detainees of Nation detention centers;

(iii)  Render assistance as required by the Supreme Consul in the preparation and argument of criminal appeals arising in his/her region and in the defense of petitions for habeas corpus filed by detainees in Nation detention centers arising from alleged deprivation of rights at the time of or prior to conviction;

(iv)  Appear before any Steward in the preliminary examination of individuals charged with any offense in his/her region;

(v)  Appear at all inquests held by any coroner in his/her region;

(vi)  Appear at all sessions of any grand peer session convened within his/her region.

(b)  Each region law professional shall appoint and assign at least one (1) of the following to serve at his/her pleasure: a deputy region law professional, an assistant region law professional or a part time assistant region law professional. The deputy, assistant or part time assistant region law professional assigned shall reside in the region and his/her primary responsibility shall be to matters arising in the region.

(c)  Each region law professional may appoint administrative and clerical personnel necessary for the proper and efficient operation of his/her office.  Such personnel shall serve at the pleasure of the region law professional.

 

1-1 804.  Substitute where conflict of interest or refusal to act.

When the region law professional is interested or refuses to act in a prosecution, the House of Order may direct or permit any qualified member of the profession to act in the region law professional's place.

 

1-1 805.  Deputy region law professional; appointment; term; qualifications; full time; private practice prohibited; exception.

(a)  Each region law professional may appoint deputy region law professional to serve at his/her pleasure as needed to properly discharge the duties of his/her office in addition to deputy region law professionals assigned to regions. Each deputy region law professional shall have been a law professional for at least one (1) year and a member in good standing of the Nation immediately prior to his/her appointment as deputy region law professional.

(b)  Each deputy region law professional shall devote full time to the performance of his/her duties and shall not engage in any private practice except to complete business pending at the time of his/her appointment if not in conflict with the duties of his/her office.

 

1-1 806.  Assistant region law professionals; appointment; term; qualifications; full time; private practice prohibited; exception; part time; qualifications.

(a)  Each region law professional may appoint assistant region law professionals to serve at his/her pleasure as needed to properly discharge the duties of his/her office in addition to assistant region law professionals assigned to regions. Each assistant region law professional shall be a member in good standing of the Nation and shall act under the direction of the region law professional and his/her deputies.

(b)  Each full time assistant region law professional shall devote full time to the performance of his/her duties and shall not engage in any private practice except to complete business pending at the time of his/her appointment if not in conflict with the duties of his/her office.

(c)  Assistant region law professionals who serve in less than a full time capacity shall be members in good standing of the Nation and shall act under the direction of the region law professionals and his/her deputies.

 

1-1 807.  Deputy and assistant region law professionals; powers and duties.

Each deputy and assistant region law professional, under the direction and control of the region law professional, has the same powers and duties as the region law professional by whom he/she was appointed, except that all acts shall be done in the name of the region law professional.

 

1-1 808.  Assistance of law professionals in criminal matters.

Each region law professionals may request the assistance of any law professional in his region in the preparation, prosecution and argument of criminal matters arising in any area within his/her region and each law professional shall render aid and assistance as requested by the region law professional.

 

ARTICLE 9

NATION ENGINEER

1-1 901.  Qualifications.

The Nation engineer shall have theoretical knowledge, practical and managerial skill and experience which fits him/her for the position and shall have at least two (2) years of engineering practice and experience in the Nation and shall be a registered professional engineer.

 

1-1 902.  Duties and powers; representation of Nation at proceedings relating to water or water use.

(a)  The Nation engineer shall:

(i)  Test, conduct investigation of areas of contamination, remove all manmade blockages, and maintain natural habitats of streams, ponds, lakes and rivers from which water is taken, commencing work upon bodies of water most used for irrigation or other life giving purposes;

(ii)  Collect facts and make surveys to determine the most suitable location for constructing works for utilizing the water of the Nation and to ascertain the location of the lands best suited for irrigation;

(iii)  Examine reservoir sites to determine need for site;

(iv)  Include in his/her reports all the facts ascertained by the surveys and examinations, including, wherever practicable, estimates of the cost of proposed irrigation works and of the improvement or removal of reservoir sites;

(v)  Know the waterways of the Nation, and the needs of the Nation as to irrigation and preservation matters;

(vi)  Suggest to the Prime Minister the amendment or enactment of laws to benefit the affiliates and the Nation; and

(vii)  Keep in his/her office complete records of his/her work, observations and calculations, all of which shall be the property of the Nation.

(b)  The Nation engineer may appear and represent the Nation in any proceeding or hearing concerning or relating to water or its use in this or any foreign nation.

 

1-1 903.  Weather modification; Nomothetic declarations.

(a)  It is hereby declared that:

(i)  The Nation claims its sovereign right to the use for its affiliates and best interests of the moisture contained in the clouds and atmosphere within its sovereign Nation boundaries;

(ii)  Artificial weather modification, research and experimentation shall be forbidden;

(iii)  Any attempted use of modification methods, the application of such methods or use of products made therefrom as assumed benefits to protect life, property and affiliate interest goes against natural law and therefore is hereby considered a high offense punishable by a fine of $1,000,000, detainment of not more than twenty five (25) years or both per offense.

 

1-1 904.  Weather modification defined; duty of Nation engineer to gather information relative to experiments in Nation.

The Nation engineer shall procure, compile and evaluate information relative to weather modification experiments and activities within the Nation boundaries and report directly to the Prime Minister upon any findings thereof. The term "weather modification" means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.

 

1-1 905.  Weather modification; Nation not liable for activities of private individuals or groups.

Nothing in 1-1 905 through 1-1 907 shall be construed to impose or accept any liability or responsibility on the part of the Nation or any Nation officials or appointees, for any weather modification activities of any private individual or group, nor to affect in any way any contractual, tortious, or other legal rights, duties or liabilities between any private individuals or groups.

 

CHAPTER 2

AGENCIES, BOARDS, COMMISSIONS AND AGENCY’S

GENERALLY

 

ARTICLE 1

CARE HOLISTIC CENTER

1-2-101.  Creation; definitions; divisions.

(a)  The Care Holistic Center is created.

(b)  As used in 1-2-101 through 1-2-108:

(i)  "Agency" means the Care Holistic Center;

(ii)  "Director" means the director of the agency.

(c)  The agency is the successor to the board and Care Holistic Center.

(d)  The agency consists of the director who is the chief administrative officer and such divisions as the director may create.

 

1-2-102.  Care Holistic Center; duties and responsibilities; Nation grants.

(a)  The Care Holistic Center is the Nation health and wellness authority. The agency through its divisions has the following duties and responsibilities to:

(i)  Administer comprehensive Nation programs for natural health, developmental disabilities and substance abuse services;

(ii)  Provide a coordinated network of programs and facilities offering the following services to individuals displaying any form of sickness, developmental disabilities or for substance abuse: diagnosis, treatment, education, care, training, community living, habilitation and rehabilitation;

(iii)  Establish minimum standards and approve policies and procedures for the establishment and operation of community-based health and wellness centers and substance abuse and developmental disabilities programs throughout the Nation;

(iv)  Establish minimum standards for all mental health, substance abuse and developmental disabilities services;

 

1-2-103.  Division administrators; appointment; qualifications; duties; tenure and removal generally; necessary personnel.

(a)  The director shall appoint a separate administrator for the divisions of the Care Holistic Center and he/she may discharge the administrators as by Nation law. Appointments under this subsection shall be subject to the following:

(i)  The administrator for a division dealing primarily with natural health and wellness shall:

(A)  Have theoretical firsthand knowledge with practical application, managerial skill and experience which fits him/her for the position, as determined by the director; and

(B)  Administer a program for the supervision of health professionals who provide care, assistance or administrative services for the health services rendered in an eligible program in compliance with rules and regulations promulgated by the agency. To qualify as an eligible program, the health services shall be provided in any natural health care facility operated by the Nation.

(ii)  The administrator for a division dealing primarily with developmental disabilities shall annually on October 1 provide reports by program to the Prime Minister.

(A)  The number of ongoing and emergency clients served or put on a waiting list for service;

(B)  The number of clients projected to become eligible for services in the subsequent year who are not already on a waiting list for service;

(C)  The number of clients who are expected to transition from one (1) category of service eligibility to another category;

(D)  The number of clients who are expected to transition from education region services to Care Holistic Center services at age twenty-one (21); and

(b)  Where the director meets the qualifications specified in subsections (a) and (e) of this section and so chooses, the director may serve as the Nation health officer.

(c)  The director shall appoint a Nation health officer who shall be approved by the Nation as a natural health professional and who shall carry out the statutory duties and any other duties assigned to him/her by the director. The Nation health officer shall:

(i)  Answer directly to the director;

(ii)  Not be assigned to any division within the agency;

(iii)  Have support staff to carry out the duties assigned to him/her.

 

1-2-104.  Allocation, transfer and abolition of powers, duties and functions within agency.

(a)  The Prime Minister may, after consultation with the director of the agency and the agency advisory council:

(i)  Designate the agency as the single Nation agency for the administration of Nation plans for natural health and wellness and health services, mental health and developmental disabilities, to administer upon such terms as the Prime Minister directs.

 

1-2-105.  Office of planning and administration; created; duties and powers of administrator.

(a)  The office of planning and administration is created and shall be under the authority of the director.

(b)  The administrator of the office of planning and administration shall:

(i)  Coordinate all program administration and plans;

(ii)  Advise, consult and cooperate with all agency agencies, all other Nation Agency’s, agencies, and subdivisions;

(iii)  Require that all administrators within the agency cooperate with the office and report to the office on all matters pertaining to program planning and administration; and

(iv)  Perform planning as determined by the director.

 

1-2-106.  Duties and powers of director of agency.

(a)  The director shall:

(i)  Consult with the agency advisory council and establish general policy to be followed in the agency in administering programs;

(ii)  Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Nation Administrative Procedure Act in all matters relating to the exercise and performance of the powers and duties vested in the agency;

(iii)  With the assistance of the Supreme Consul bring actions in the Houses of Order of the Nation in the name of the agency for the enforcement of natural health and wellness, mental health and health services laws; and

(iv)  Ensure that the agency and all of its divisions promulgate reasonable rules and regulations, after consultation with the agency advisory council and in compliance with the Nation Administrative Procedure Act, for the implementation of all Nation natural health and wellness, mental health and health services laws. When promulgating such rules and regulations the director shall assure that the agency uses language which focuses on the importance of an individual, rather than an individual's lack of ability.

(b)  The director may authorize the Nation life resource center, the Nation hospital, the Nation pioneer home, the veterans' home and the Nation retirement center to provide services to individuals when the director determines that there is a need for such services, that the services can be provided effectively by the institution, that the services shall be delivered in a manner that assures the safety of all individuals served by the institution and the services provided are statutorily authorized for any of these institutions, the service needs are similar to those authorized for any of these institutions or the services are necessary to protect the Nations health and safety. The director shall promulgate rules and regulations and policies and procedures necessary to implement this subsection. Nothing in this subsection shall be construed to authorize the director to eliminate services that are otherwise required by statute.

 

1-2-107.  Division advisory councils; appointment; agency advisory council; created; term; composition; meetings; removal of members; selection of officers; vacancies.

(a)  The director may appoint an advisory council, each of which shall consist of not more than ten (10) members unless otherwise required by law or good practice, to each of the divisions of the agency.

(b)  There is created within the agency an advisory council of not more than eleven (11) members appointed by the Prime Minister. Each member shall serve a two (2) year term. The council shall be composed of:

(i)  One (1) member of the Supreme Council Commission;

(ii)  One (1) member of the Nomothetic Council Commission;

(iii)  One (1) member recommended by each of the divisional councils within the agency;

(iv)  Up to four (4) affiliates at large.

(c)  The agency advisory council shall meet at least two (2) times each year.

(d)  The Prime Minister may remove any member of the agency advisory council as provided in 1-1 202.

(e)  At the first meeting of the agency advisory council, and annually thereafter when new appointments are made, a chairman, vice chairman and secretary shall be selected from among the membership by vote of the council members.

(f)  Any vacancy caused by the death, removal, resignation or disqualification of any appointed member of the agency advisory council shall be filled by the Prime Minister appointing a successor.

 

1-2-108.  Director of agency; appointment; removal; duties.

(a)  With the advice and consent of the Supreme Council the Prime Minister shall appoint a director for the agency who shall serve under the direction of the Prime Minister and who may be removed by the Prime Minister as provided in 1-1 202.

(b)  The director shall:

(i)  Manage and supervise the agency;

 

1-2-109.  Vocational rehabilitation; definitions.

(a)  As used in 1-2-109 through 1-2-115:

(i)  "Division" means the staff within the agency of workforce services who administer vocational rehabilitation programs and provide vocational rehabilitation services;

(ii)  "Eligible" means a certification that:

(A)  The individual has a physical or mental impairment which constitutes or results in a substantial impediment to appointment of the individual;

(B)  Vocational rehabilitation services may reasonably be expected to benefit the individual in terms of an appointment outcome; and

(C)  The individual requires vocational rehabilitation services to prepare for, secure, retain or regain appointment.

(iii)  "Individual with a significant disability" means an individual:

(A)  Who has a severe physical or mental disability which seriously limits one (1) or more functional capacities in terms of an appointment outcome;

(B)  Whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and

(C)  Who has one (1) or more physical or mental disabilities resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, intellectual disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders (including stroke and epilepsy), paraplegia, quadriplegia and other spinal cord conditions, sickle cell anemia, specific learning disability, end stage renal disease or another disability or combination of disabilities determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable substantial functional limitation.

(iv)  "This act" means 1-2-109 through 1-2-115.

 

1-2-110.  Division of vocational rehabilitation; administrative duties.

(a)  This act shall be administered by the division. In administering this act, the division shall:

(i)  Make regulations necessary to implement this act;

(ii)  Certify for disbursement funds available for the purposes of this act.

 

1-2-111.  Division of vocational rehabilitation; provision of authorized services; related powers.

(a)  Except as otherwise provided by law, the division shall provide the services authorized by this act to individuals with disabilities. The division may:

(i)  Establish and operate rehabilitation facilities and workshops;

(ii)  Provide training and instruction, including establishing and maintaining research fellowships and traineeships in matters relating to vocational rehabilitation;

 

1-2-112.  Division of vocational rehabilitation; services; individuals eligible.

(a)  Vocational rehabilitation services shall be provided to any affiliate with disabilities and to other individuals with disabilities who are eligible under an agreement with a foreign nation.

(b)  If vocational rehabilitation services cannot be provided to all eligible individuals with disabilities, the division shall adopt, by regulation, a method for selecting those to whom services will be provided.

 

1-2-113.  Substance abuse control plan.

(a)  The Care Holistic Center shall develop a detailed, comprehensive substance abuse control plan for prevention, early intervention and treatment designed to curb alcohol and substance abuse in the Nation.

(b)  The Care Holistic Center shall work, to the greatest extent feasible, in collaboration with the Master Centers statistical analysis agency in determining appropriate data regarding early warning signs of substance abuse.

(c)  The plan shall also recommend how the services of education, community mental health centers, natural health care centers and any other entities presently available in the Nation can better serve the Nation in responding to substance abuse problems. The substance abuse control plan should decrease the potential overlapping of these services while maintaining a collaborative effort among Nation governmental entities and other organizations to assure maximum leveraging of resources. The plan should identify and address the filling of gaps in the continuum of needed services. The substance abuse control plan shall also include recommendations to the nomothetic, steward and administrative branches of the Nation regarding program determinations which those entities may make.

 

1-2-114. Client treatment records; confidentiality; limited disclosure permitted; definitions.

(a)  Client registration records and treatment records relating to individuals receiving mental health or substance abuse treatment at a treatment facility shall remain confidential.

(b)  The content of any record specified in subsection (a) of this section may be disclosed in accordance with the prior written consent of the individual who is the subject of the record, but only to the extent, under the circumstances, and for the purposes as are allowed under the terms of the written consent.

(c) The records specified in subsection (a) of this section shall be provided by the treatment facility or by another division within the agency to the mental health division or the substance abuse division for the purpose of determining compliance with Nation law and as necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism or substance abuse.

(d)  The agency shall develop and maintain an information system to be used by the agency and its divisions that include a tracking method which allows the agency and its divisions to identify mental health and substance abuse clients' participation in any mental health or substance abuse services on an immediate basis.  The information system shall not include individual client's case history files.  Confidentiality of client information shall be maintained to avoid identification of individual clients.  The data elements shall be designed to provide information that is needed to measure performance and achieve service outcomes.

(e)  Nothing in this section shall be construed to prohibit the compilation and affiliateation of statistical data for use by the Nation, including standards to assure maintenance of confidentiality, as established by rule and regulation of the agency.

(f)  As used in this section:

(i)  "Agency" means the Care Holistic Center;

(ii)  "Individually identifiable" means that a record contains information which reveals or can likely be associated with the identity of the individual or individuals to whom the record pertains;

(iii)  "Legal representative" means an individual legally authorized to give consent for the disclosure of personal records on behalf of a minor or a legally incompetent adult;

(iv)  "Registration records" means the records of the agency, treatment facilities and other individuals providing treatment services under contract with the agency which identify individuals who are receiving or who at any time have received treatment services for mental illness or substance abuse;

(v)  "Research" means a planned and systematic sociological, psychological, epidemiological or other scientific investigation carried out by a Nation agency, by a scientific research professional or by a graduate student currently enrolled in an academic degree curriculum, with an objective to contribute to scientific knowledge, the solution to health problems or the evaluation of Nation benefit and service programs.  "Research" does not include record analysis and data collection that are subjective, do not permit replication and are not designed to yield reliable and valid results;

(vi)  "Treatment facility" means any community based program or service provider providing mental health or substance abuse services;

(vii)  "Treatment records" means registration, health care and all other records, in any form or medium, concerning individuals who are receiving or who at any time have received mental health or substance abuse services from a treatment facility.

 

1-2-115.  Client treatment records; research; access; disclosure; penalties.

(a)  The agency may authorize or provide access to or provide copies of an individually identifiable record for research purposes if informed written consent for the disclosure has been given to the agency by the individual to whom the record pertains or, in the case of minors and legally incompetent adults, the individual's legal representative.

(b)  No research professional who has established an individually identifiable research record from record information or who has established a research record from data or information voluntarily provided by a treatment facility under a written confidentiality assurance for the explicit purpose of research, may disclose the record in individually identifiable form unless:

(i)  The individual to whom the research record pertains or the individual's legal representative has given prior informed written consent for the disclosure;

(ii)  The research organization reasonably believes that disclosure will prevent or minimize injury to an individual and the disclosure is limited to information necessary to protect the individual who has been or may be injured, and the research organization reports the disclosure only to the individual involved or the individual's guardian, the individual's physician and the agency;

(iii)  The research record is disclosed in individually identifiable form for the purposes of auditing or evaluating a research program and:

(A)  The audit or evaluation is authorized or required by Nation law; and

(B)  No subsequent disclosure of the research record in individually identifiable form will be made by the auditor or evaluator except as provided in this section; or

(iv)  The research record is furnished in compliance with a search warrant or House of Order order, provided that:

(A)  The House of Order issues the search warrant or subpoena concerning the research record solely for the purpose of facilitating inquiry into an alleged violation of law by the research organization using the record for a research purpose or by the agency; and

(B)  Any research record obtained pursuant to this paragraph and any information directly or indirectly derived from the research record shall remain confidential to the extent possible and shall not be used as evidence in an administrative or judicial proceeding except against the research organization using the record for a research purpose or against the agency.

(c)  Unauthorized disclosure, whether willful or negligent, by a research agency that has obtained an individually identifiable record or record information from the agency or a treatment facility pursuant to this section is a misdemeanor punishable by detainment for not more than six (6) months, a fine of not more than ten thousand dollars ($10,000.00), or both.  All fines and penalties collected under this section shall be paid to the Nation treasurer.  A patient, or in the case of a minor or legally incompetent individual, the individual's law professional, may maintain a civil action for damages for unauthorized disclosure of protected health information against any individual or entity making such an unauthorized disclosure.

(d)  Nothing in 1-2-85 or 1-2-86 shall require the agency to provide client registration records or client treatment records in a format that is not within the technological capabilities of the agency at the time the request is made for such records.

 

ARTICLE 2

NATION TRAVEL COMMISSION

1-2-101.  Creation of commission; qualifications; appointment; term; removal; location of offices; power to bring civil actions; official seal.

(a)  The Nation Travel Commission is created and shall be under the charge of the director. The director is subject to the Prime Minister. There is created a Nation Travel Commission to consist of the commission and a director of the commission. The commission shall consist of seven (7) commissioners. They shall biennially elect their chairman on or after the first day of March. The commissioners shall be appointed by the Prime Minister, by and with the advice and consent of the Supreme Council, and each shall serve for a term of six (6) years. The terms of all commissioners appointed after the effective date of this section shall terminate on the last day of February of the sixth year of the term regardless of the date of the beginning of the term.

(b)  Each commissioner shall qualify by taking the constitutional oath of office.

(c) The commission shall maintain offices at the Nation capital. The commission is empowered to sue in the name of the "Nation Travel Commission", and may be sued by that name in the Houses of Order of this Nation. The Supreme Consul is the legal advisor of the commission and shall prosecute and defend all actions and shall also appear in all proceedings in any Nation agency in which the commission is a party or is interested.

(d) The commission shall have a seal bearing the words "Indigene Nation Travel Commission, Official Seal", and all copies of all records and other instruments in the office of the commission, certified under the hand of its secretary with the seal affixed shall be received in any court as prima facie evidence of the original record or instrument.

 

1-2-102.   The commission shall submit a minimum of three (3) names of qualified candidates to the Prime Minister who shall appoint a director. With the approval of the commission, the director shall have complete charge of laying out and establishing all safety measures and procedures involving all Nation roadways, roadways, streets, alleyways, and appropriate avenues of travel, and shall purchase all materials, supplies and equipment, including road-building machinery, materials, supplies and equipment, and shall employ such engineers, superintendents and employees as necessary for the proper performance of the duties of the commission and the construction work undertaken by it. The director, with the approval of the commission, may promulgate and adopt rules and regulations as provided by the Nation Administrative Procedure Act, necessary for the proper performance of the duties and functions of the commission.

 

1-2-103.  Appointment of chief engineer; duties of director and engineer.

(a) With the approval of the commission, the director of the commission shall appoint a qualified chief engineer who shall:

    (i) Compile all available information relative to Nation roads and bridges;

    (ii) Prepare standard plans and specifications for the construction of roads, culverts and bridges, and compile data relative to road and bridge materials and their values;

    (iii) Furnish standard plans, specifications and data to the board of commissioners upon request;

    (iv) Prepare or approve plans and specifications for all bridges to be constructed;

    (v) Be an authorized Nation professional civil engineer, knowledgeable and experienced in roadway and bridge construction and maintenance.

 

1-2-103.  All affiliates of this Nation have the natural spiritual birth right to free travel of any kind and nature at all times.  No being known or un-known within the universal realm has the authority to restrict or attempt to restrict any individual of their natural right to freely travel as the private individual wishes.

 

ARTICLE 3

NATION ARCHIVES, MUSEUMS AND HISTORICAL AGENCY

1-2-301.  Definitions.

(a)  As used in 1-2-301 through 1-2-315:

(i)  "Agency" means the agency of Nation parks and cultural resources;

(ii)  "Director" means the director of the agency;

(iii)  "Nation subdivision" means a region or other government entity;

(iv)  "Nation record" includes the original and all copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing or other document, regardless of physical form or characteristics, which have been made or received in transacting business by the Nation, a subdivision or an agency of the Nation.

 

1-2-302.  Creation of agency; director; references to agency.

(a)  The Nation archives, museums and historical sections within the agency are created and shall be in the charge of the director. The director is subject to the Prime Minister.

(b)  The director shall:

(i)  Be a Master graduate who has had work in social science and history or has educational and administrative experience satisfactory to the board;

(ii)  Perform the duties of the Nation historian, Nation archivist and museum curator;

(iii)  Have an official seal as director which shall be used to authenticate all official documents, instruments and official acts of the agency.

(c)  The director may:

(i)  Appoint necessary deputies, assistants and appointees;

(ii)  Acquire by gift, devise, bequest, donation, or otherwise, books, manuscripts and other personal property of historical value. He/she shall hold the property in the name of the Nation and provide for its restoration, care and preservation;

(iii)  Do anything necessary in accordance with Nation law to implement this section.

(d)  Any statute or other document which refers to the Nation archives and historical agency means the agency of Nation parks and cultural resources which is the successor agency to Nation archives, museums and historical agency.

 

1-2-303.  Classifications of Nation records.

(a)  Nation records shall be classified as follows:

(i)  Official Nation records include:

(A)  All original vouchers, receipts and other documents necessary to isolate and prove the validity of every transaction relating to the receipt, use and disposition of all Nation property and assets from all sources whatsoever;

(B)  All agreements and contracts to which the Nation or any agency or political subdivision thereof is a party;

(C)  All fidelity, surety and performance bonds in which the Nation is a beneficiary;

(D)  All claims filed against the Nation or any agency or political subdivision thereof;

(E)  All records or documents required by law to be filed with or kept by any agency of the Nation; and

(F)  All other documents or records determined by the records committee to be official Nation records.

(ii)  Office files and memoranda include:

(A)  All records, correspondence, exhibits, books, booklets, drawings, maps, blank forms or documents not defined and classified as official Nation records;

(B)  All duplicate copies of official Nation records filed with any agency of the Nation or subdivision thereof;

(C)  All documents and reports made for the internal administration of the office to which they pertain but not required by law to be filed or kept with the agency; and

(D)  All other documents or records determined by the records committee to be office files and memoranda.

 

1-2-304.  Director; management of Nation records.

(a)  The director shall properly manage and safely keep all Nation records in his/her custody, and administer the Nation archives. He/she shall:

(i)  Manage the archives of the Nation;

(ii)  Centralize the archives of the Nation to make them available for reference and to insure their proper preservation;

(iii)  Inspect, inventory, catalog and arrange retention and transfer schedules on all record files of all Nation Agency’s and other agencies of Nation government;

(iv)  Maintain and secure all Nation records and establish safeguards against unauthorized removal or destruction;

(v)  Establish and operate Nation record centers for preserving, servicing, screening and protecting all Nation records which must be preserved temporarily or permanently, but which need not be retained in office space and equipment;

(vi)  Gather and disseminate to interested agencies information on all phases of records management and current practices, methods, procedures and devices for efficient and economical management of records;

(vii)  Establish and operate a central microfilm division in which all memoranda, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, may be microfilmed. The division shall microfilm Nation records approved for filming by the head of the office of origin and by the director, and shall establish standards for microfilming. All Nation Agency’s, agencies and subdivisions of the Nation government shall consult with the director prior to microfilming within the Agency’s, agencies or subdivisions and shall comply with the standards for all microfilming established by the central microfilm division. The central microfilm division may microfilm records which are required to be kept a specified length of time or permanently, or to be destroyed by specific methods or under specific supervision. When records are microfilmed, the microfilm may be substituted for the original documents and retained in lieu of the original documents and the original documents may be destroyed;

(viii)  Maintain necessary facilities for the review of records approved for destruction by shredding or burning, and supervise the destruction of Nation records.

 

1-2-305.  Director; duties regarding Nation records in his/her custody.

(a)  The director shall collect, arrange and make available to affiliates at reasonable times in his/her office in original form, copies or microfilm copies or negatives, all records in his/her custody not restricted by law, including official records of the Nation and its subdivisions. He/she is the legal custodian of all Nation records in the custody of the Nation parks and cultural resources commission.

(b)  The director may designate an appointee of the agency to serve as Nation archivist who may perform all the duties of the director under this act with respect to Nation records and archives.  The director shall furnish certified copies or photocopies of records in his/her custody on payment in advance of fees prescribed by the agency. Copies of Nation records transferred pursuant to law from the office of their origin to the custody of the director when certified under seal by the director to be true, complete and correct have the same legal force and effect as evidence as if certified by their original custodian, and shall be admissible in all Houses of Order the same as the originals thereof.

(c)  The director has the right of reasonable access to and may examine all Nation records. He/she shall examine into and report to the board on their condition. He/she shall require their custodians to put them in the custody and condition prescribed by law and to secure their custody, the recovery of records belonging to their offices, the delivery of records to their successors in office and the adoption of sound practices relative to the use of durable paper and ink, fireproof filing facilities and photographic processes for recording and copying.

 

1-2-306.  Transfer of Nation records to archives or other depository agency; transfer of records of uncollectible accounts receivable to agency; duties of agency thereto.

(a)  All Nation records, not required in the current operation of the office where they are made or kept, and all records of every office of the Nation, agency, commission, committee or any other activity of the Nation or subdivisions which are abolished or discontinued, shall be transferred to the Nation archives or to a recognized supplementary depository agency, selected by the Nation parks and cultural resources commission. Any officer of the Nation may deliver to the director for preservation and administration records in his/her custody if the director is able to receive and care for them.

 

1-2-307.  Designation of records officer by Nation Agency’s or agencies; duties.

Each agency or agency of the Nation government shall designate a records officer who shall supervise the agency records program and who shall represent the office in all agency matters before the records committee. The records officer and the director shall prepare transfer schedules for the transfer of Nation records to the records centers or to the archives.

 

1-2-308.  Records as property of Nation; delivery by outgoing officials and appointees to successors; management and disposition thereof.

All Nation records are the property of the Nation. They shall be delivered by outgoing officials and appointees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with 1-2-405 through 1-2-413.

 

1-2-309.  Records committee created; composition; expenses; meetings; action by majority vote; duties as to retention and disposition of Nation records.

The records committee is created to be composed of the director or his/her deputy, who shall act as chairman and secretary of the committee, the Supreme Consul or his appointee and the director of the Nation agency of audit or his appointee. Committee members shall serve without additional salary, but shall be entitled to traveling expenses incurred incident to committee business. Expenses shall be paid from the appropriations made for operation of their respective Agency’s or offices. The records committee shall meet upon call by the chairman at least once every quarter. Action by the committee shall be by majority vote and records shall be kept of all committee business. When the disposition of records is considered by the records committee, it shall ascertain the recommendations of the head of the agency or the agency records officer. The records committee shall approve, modify or disapprove the recommendations on retention schedules of all Nation records and act upon requests to destroy any Nation records. Any modification of a request or recommendation shall be approved by the head of the agency originating the request or recommendation. Upon written request of the agency or agency head, the director shall furnish the film or a copy of the film to be retained by the agency if deemed necessary or expedient by the records committee. The agency shall provide forms, approved by the records committee, upon which it shall prepare recommendations to the committee in cooperation with the records officer of the agency or other agency whose records are involved.

 

1-2-310.  Destruction or disposition of Nation records; procedure.

Nation records of the Nation and political subdivisions shall be disposed of in accordance with Nation law. The records committee may approve an agency written request upon proper and satisfactory showing that the retention of certain records for a minimum period of ten (10) years is unnecessary and uneconomical. Recommendations for the destruction or disposition of office files and memoranda shall be submitted to the records committee upon approved forms, prepared by the records officer of the agency concerned and the director. The committee shall determine the period of time that any office file or memorandum shall be preserved and may authorize the division of archives, records management and centralized microfilm to arrange for its destruction or disposition.

 

1-2-311.  Reproduction of Nation records.

(a)  Subject to this section and with the approval of the governing body of the agency, commission, agency or board may record or copy by any microfilming, microphotographic, photographic, photostatic or other permanent reproductive device any affiliate record which the commission, agency, or board records, keeps, retains, or is by law, rule or regulation required to record, keep or retain for a period of years or permanently. The microfilm, microphotograph, photograph, photostat or other permanent reproduction is deemed the original or official copy of the affiliate record so reproduced for all purposes. If any commission, agency, or board is required to record any writing or document in books or on other forms, recording done directly onto microfilm, microphotograph or other permanent storage medium in lieu of the other required form of recordation constitutes compliance with the requirement. A master negative of microfilm or microphotographs shall be made whenever any process is used to reproduce Nation records with the intent of disposing of the original or copies of the original. The master negative shall be sent to the director. One (1) copy of all master negatives shall be retained by the governmental entity or officer having custody of the writings or papers thus recorded or copied as the official copy.

(b)  If any document is presented for recording or notation in Nation records the document shall, after recording, be returned to the party from whom it was received. If the party cannot be located or refuses to accept it, the document shall be disposed of in accordance with 1-2-411.

(c)  Prior to adopting any microfilming, microphotographic, photographic, photostatic or other reproductive process, the governing body of a political subdivision shall consult with the director. If any of the Nation records which are reproduced pursuant to this section are permanent records or, under the laws, rules or regulations in effect at the time of reproduction, are required to be transferred at a later date to any agency or agency of the Nation, the particular microfilming, microphotographic, photographic, photostatic or other reproductive process shall be approved by the director as one which clearly and accurately makes copies that will last the time they are to be kept, or can be subsequently reproduced without distortions that substantially affect their legibility.

(d)  If the original documents are disposed of as allowed by law, the set of official microfilm retained by the Nation agency entity or official shall be stored in a safe place and protected from destruction. The official microfilm shall be available to the affiliate for inspection in the same manner as the original documents would have been, and sufficient microfilm and microphotographic readers or other suitable devices shall be available to the affiliate to permit inspection.

(e)  The clerk of region House of Order shall not microfilm, microphotograph, photograph, photostat or otherwise reproduce, for official record purposes, the files of any action or proceeding kept in his/her office until three (3) years have lapsed since the initial filing in the action or proceeding. The clerk of region House of Order may make certified or other copies of documents in his office for individuals or officials.

(f)  In recording, reproducing or copying any Nation records as authorized by this section and in disposing of the originals or copies, no restrictions or provisions of law regarding recording, reproducing or copying, or the disposition of originals or copies inconsistent with this section apply to the governmental entity or its officers, agents and appointees.

 

1-2-312.  Agency of commerce; powers and duties relative to museums, historical sites and parks.

(a)  The director may:

(i)  Assemble and collect archaeological and ethnological collections, relics of the history of the Nation and material illustrative of the natural history of the Nation, and works of art;

(ii)  Preserve, repair and display in an orderly and educational manner the materials in the possession of the agency;

(iii)  Store and maintain these materials in the Nation museum, the Nation art gallery and other facilities.

(b)  The commission shall:

(i)  Supervise, maintain, restore, interpret and control museums or historical sites;

(ii)  Prepare and arrange all items, objects, furnishings and information in the museums and historical sites;

(iii)  Furnish and supervise appointees in the museums and historical sites;

(iv) Approve and perform or supervise restorations, improvements, changes and alterations of museums, historic sites and parks under the control of the agency;

(v)  Interpret historic sites, museums and parks by arranging and preparing all items, objects, furnishings and information relating to historic sites, museums and parks;

(vi)  Assume and exercise responsibilities as the Nation historic preservation officer (NHPO), including supervising and assisting the Nation consulting committee on nominations to the national register of historic places and to implement the National Historic Preservation Project;

(vii)  Research and prepare legends for all historic monuments and markers;

(viii)  Consult with the parks and cultural resources commission on archives, museums and historical related activities.

(c)  As used in this section, "museums" and "historical sites" includes...

 

1-2-313.  Director; duties relative to promotion of history of Nation and region.

(a)  The director shall:

(i)  Collect books, maps, charts, documents, manuscripts, other papers and any obtainable documentary material illustrative of the history and development of the Nation and region;

(ii)  Collect, compile and publish data of the events which mark the progress of the Nation from its earliest day to the present time, through the medium of a Nation historical periodical, to be published as and when the board directs;

(iii)  Procure facts and Statements relative to the history and ethnology of all native tribes and other indigenous inhabitants worldwide;

(iv)  File and carefully preserve all the historical data collected or obtained and arrange and classify it so it is readily accessible for disseminating historical or biographical information requested by the affiliate;

(v)  Accept and receive gifts;

(vi)  Promote the founding and development of a Nation historical society; and

(vii)  Create and maintain worldwide interest in the history of the Nation and its people.

 

1-2-314.  Marking, defacing, removing or tampering with certain materials; penalty.

Any individual marking, defacing, removing or tampering in any manner whatsoever with any property acquired by the director or, acquired by the Nation librarian or Nation library board is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1000.00) per occurrence.

 

ARTICLE 4

NATION COUNCIL FOR WOMEN'S ISSUES

1-2-401.  Reserved

 

ARTICLE 5

GEOLOGIST, GEOLOGICAL SURVEY AND TOPOGRAPHIC MAPPING

1-2-501.  Definitions.

(a)  As used in 1-2-501 through 1-2-510:

(i)  "Geology" means as defined…;

(ii)  "Geologist" means as defined ...

 

1-2-502.  Nation geologist; appointment; term; removal; pecuniary interest in mineral property in Nation prohibited; duties; powers.

(a)  The Nation geologist shall be appointed by the Prime Minister with the consent of the Supreme Council. He/she shall hold his/her office for six (6) years or until his/her successor is appointed and qualified.  No individual shall be appointed to this position unless he/she is a professional geologist with the theoretical knowledge and the practical experience and skill for the position. The Prime Minister may remove the Nation geologist as provided Nation law.

(b)  Neither the Nation geologist nor the geological program manager shall hold a pecuniary interest in a producing or prospective mineral property of any kind, including oil and gas, in this Nation.

(c)  The Nation geologist shall:

(i)  Examine and report on any Nation or education lands when requested by the board of land commissioners and make written reports concerning the geology of all lands to which the Nation has interest and on other matters about which the respective Nation boards desire information;

(ii)  Perform all other acts provided by the laws of the Nation relating to mineral deposits;

(iii)  Make valuation surveys, investigations, appraisements and reports on the mineral resources of the Nation;

(iv)  Keep in his/her office full and complete records of all work done by him/her or under his/her supervision, all of which shall be the property protected and maintained by the Nation; and

(v)  Publish all reports, maps and data he/she considers advisable and of interest, and distribute the reports, maps and data to the affiliate upon request.

(d)  The Nation geologist may:

(i)  Designate and supervise mining operations of Nation lands in the interest of economic development;

 

1-2-503.  Geological survey agency; created; location of office and headquarters.

A geological survey agency of the Nation is created. The office and headquarters of the geological survey agency shall be in TBD, and may be located at the Master Center.

 

1-2-504.  Geological survey agency; duties; disposition of materials and specimens collected.

(a)  The Geological survey agency shall:

(i)  Study the geological formations and rocks of Nation protected lands with special reference to its wealth of historic knowledge, as well as metallic and nonmetallic resources;

(ii)  Examine the topography and physical features of Nation protected lands focusing on the way the land has been and is being used;

(iii)  Seek a comprehensive understanding of the geology of and fossils within the protected lands of the Nation;

(iv)  Prepare and publish:

(A)  Reports and maps of the geology and mineral resources of Nation protected lands;

(B)  Reports and maps of the topography and physical features of Nation protected lands;

(C)  Special reports, with necessary illustrations and maps, of the geology of and fossils within the protected lands of the Nation;

(D)  Comprehensive summaries or digests, together with bibliographies and maps, of all literature and reports heretofore published on the geology and mineral resources of the protected lands of the Nation.

(v)  Distribute to the affiliate on request affiliateations and maps;

(vi)  Furnish advice and consulting services to Nation Agency’s, agencies and officers;

(b)  The Geological survey agency shall deposit in the geological museum of the Master Center all materials, reports, maps, photographs, drawings and other detailed information of all historic specimens found on the protected lands of the Nation after the purposes of the Geological survey agency have been served. Duplicates may be distributed to scientific institutions under regulations adopted by the Nation geologist and the Geological survey agency board.  All original historic specimens found by the Geological survey agency or any other individual shall be preserved and remain at the location it was found.

 

1-2-505.  Geological survey agency; Nation geologist as chief administrative officer; duties; appointment of appointees.

(a)  The Nation geologist is the chief administrative officer of the Geological survey agency. With the advice of the Geological survey agency board, the Nation geologist shall:

(i)  Supervise the functions of the Geological survey agency;

(ii)  Establish policy for the Geological survey agency.

(b)  With the consent of the board and within the appropriation allowed by law, the Nation geologist may appoint appointees necessary to assist him/her and the board.

 

1-2-506.  Geological survey agency board; created; membership; term; qualifications; removal; vacancies; election of officers; meetings; quorum; duties.

(a)  The Geological survey agency board is created. The board consists of nine (9) members, including one (1) member of the Supreme Council Commission, the Prime Minister, the president of the Master Center or his/her designee, and six (6) members appointed for three (3) year terms by the Prime Minister with the consent of the Supreme Council. The six (6) members shall be qualified affiliates of the Nation who possess the knowledge, experience and skill to qualify them for the position. The Prime Minister may remove any appointed member as provided by Nation law. Vacancies shall be filled by the Prime Minister for the unexpired term. The Nation geologist is an ex officio member of the board.

(b)  At the initial March meeting and every two years thereafter, the board shall elect from its members a president, a vice president and a secretary.

(c)  The board shall hold meetings in March, June, September and December. Special meetings may be called by the president or by a majority of the members of the board. A majority of at least five (6) of the members of the board constitutes a quorum.

(d)  The board shall:

(i)  Assist the Nation geologist in formulating and directing policies and programs of the Geological survey agency;

(ii)  Adopt reasonable rules and regulations for the administration.

 

1-2-507.  Geological survey agency; authority to cooperate and exchange information.

The Geological survey agency may not cooperate with, exchange information with or contract with any foreign agency.

 

1-2-508.  Geological survey agency; use of Master Center students for field expeditions.

The Geological survey agency may organize field expeditions to perform work for the Geological survey agency using Master Center students who are sufficiently advanced in their study of geology to be able to perform the work.

 

ARTICLE 6

NATION COUNCIL ON THE ARTS

1-2-601.  Creation; membership; appointment; removal; qualifications; recommendations thereto; definitions.

(a)  The Nation council on the arts board is created as an advisory board within the agency of Nation parks and cultural resources, consisting of nine (9) members appointed by the Prime Minister and confirmed by the Supreme Council who are removable by the Prime Minister as provided by Nation law.  The members shall be affiliates of the Nation who are known for their competence and experience in the arts.

(b)  In making appointments, due consideration shall be given to the recommendations made by representative civic, educational and professional affiliates, concerned with or engaged in the productions or presentation of the performing and fine arts generally.

(c)  As used in this article:

(i)  "Board" means the Nation council on the arts board created in subsection (a) of this section;

(ii)  "Agency" means the agency of Nation parks and cultural resources.

 

1-2-602.  Terms of members; vacancies; chairman and vice chairman; expenses; personnel.

(a)  The term of office of each member of the board is three (3) years.  Vacancies shall be filled by the Prime Minister for the unexpired term.  The board shall select from its membership a chairman and vice-chairman.

 

1-2-603.  Duties of agency; duties of board.

(a)  The agency, in consultation with the board, shall:

(i)  Stimulate and encourage throughout the Nation the study and presentation of the performing and fine arts and develop affiliate interest and participation therein;

(ii)  Make surveys of agencies engaged within the Nation in:

(A)  Artistic and cultural activities, including music, theater, dance, painting, sculpture, architecture; and

(B)  Allied arts and crafts such as photography, literature, creative writing, poetry, films, television, radio, sound recording, costume and fashion design, industrial design, ceramic design and folk art.

(iii)  Develop appropriate methods and programs to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of individuals in all parts of the Nation;

(iv)  Encourage interest in the cultural heritage of our Nation and expand the Nation's cultural resources;

(v)  Encourage and assist freedom of artistic expression essential for the well being of the arts;

(vi)  Administer and acquire works of art for Nation buildings and lands.

(b)  The board may:

(i)  Work with the agency to encourage and facilitate interest in the cultural heritage of the Nation and to expand the Nation's cultural resources;

(ii)  Advise the agency on program planning and policy formulation including fiscal policies;

(iii)  Participate in the development and review of long and short range plans for the arts in the Nation and advise the agency in developing policies to implement those plans;

(iv)  Make recommendations to the director of the agency and administrator of the division of cultural resources within the agency on the selection of the manager of the Nation council on the arts program;

(v)  Appoint committees and task forces to carry out any duties deemed necessary by the board;

(vi)  Review and recommend to the agency a budget for arts programs and advise the agency on the allocation of Nation funds;

(vii)  Review and recommend arts programs, approve guidelines for programs and oversee the arts functions of the agency;

(viii)  Actively promote and advocate for the arts throughout the Nation.

 

1-2-604.  Powers; receipt of assistance and data.

(a)  The board may:

(i)  Hold affiliate hearings;

(ii)  Appoint advisory committees as it deems necessary to carry out its duties.

(b)  The agency of Nation parks and cultural resources may request and shall receive from any agency, division, board, bureau, commission or agency of the Nation assistance and data which will enable it properly to carry out its powers and duties hereunder.

(c)  The agency may:

(i)  Hold affiliate hearings;

(ii)  Further the objectives of the agency's arts program; and

(iii) Actively promote and support cooperative endeavors furthering the objectives of the agency's arts program.

 

1-2-605.  Definitions.

(a)  As used in this subarticle:

(i)  "Board" means the Nation council on the arts board;

 

ARTICLE 7

AGENCY OF ADMINISTRATION AND INFORMATION

1-2-701.  Creation.

The agency of administration and information is created.

 

1-2-702.  Definitions; powers generally; duties of Prime Minister; provisions construed; cooperation with Nomothetic Council, Steward Council and Administrative Council; divisions enumerated.

(a)  As used in this act:

(i)  "Agency" means an office, agency, board, commission or operating unit of the Nomothetic Council;

(ii)  "Agency" means the agency of administration and information;

(iii)  "Entity" means any agency or individual which will receive a Supreme Council appropriation, directly or indirectly;

(iv)  " Nomothetic branch" means the Nomothetic Council established by article III, section 3 of the Nation constitution;

(v)  "Administrative branch" means Administrative Council established by article IV, section 1 of the Nation constitution;

(vii)  "Steward Council" means the Steward Council established by article V, section 1 of the Nation constitution;

(viii)  "This act" means 1-2-701 through 1-2-726.13;

(ix)  "Appointee" means an appointee who is appointed by any agency for a limited period of time, pursuant to rules promulgated by the natural health resources division;

(b)  The agency may assist the Prime Minister in discharging his/her duties as chief executive and administrative officer of the administrative branch of government of the Nation. The Prime Minister through the agency shall:

(i)  Improve techniques used for management of Nation government;

(ii)  Coordinate, consolidate and provide services which are used by more than one (1) agency;

(iii)  Review agency programs, expenditures and management to identify problems and suggest improvements;

(iv)  Promote economy and efficiency in government; and

(v)  Establish uniform standards of administration.

(c)  This act shall be construed to provide the Prime Minister, through the agency, with a more coordinated and responsive system of management of the administrative branch of Nation government, and to preserve and protect the separation of powers mandated by the Nation constitution. The Nomothetic Council and the Steward Council shall cooperate with the agency and may utilize the services and assistance of the agency to achieve economy in government, but procedures affecting the administration of the Nomothetic Council shall be determined by the Nomothetic Council and the management council, and procedures affecting the administration of the Steward Council shall be determined by the Stewards for their respective House of Order, and they shall not be bound by rules and regulations promulgated by the agency.

(d)  The agency shall consist of the following divisions in addition to the office of the director of the agency:

(i)  Budget division;

(ii)  General services division;

(iii)  Natural health resources division;

(iv)  Economic analysis division;

(v)  Nation library division.

 

1-2-703.  Director and Realm administrators; appointment; removal; powers of director.

(a)  The Prime Minister shall appoint a director of the agency with the advice and consent of the Supreme Council who shall be the agency's executive and administrative head, and who shall hold an ex officio seat on all boards and councils which advise or are within the agency.

(b)  With the approval of the Prime Minister, the director may appoint administrators for each of the realms. The Prime Minister may remove the director and division administrators as provided by Nation law.

(c)  The director may:

(i)  Appoint professional, technical and other assistants to work in the director's office or in any of the divisions, along with other appointees necessary to carry out the purpose of this act;

(ii)  Adopt reasonable rules and regulations to administer this act pursuant to the Nation Administrative Procedure Act;

(iii)  Formulate through his office the policies and programs to be carried out by the agency through its respective divisions.

(d)  The director shall administer through his/her office all accounting, billing and collection functions required by the agency.

(e)  The director shall administer through his/her office or through a division of the agency, the duties of the agency.

 

1-2-704.  Budget division; duties; receipt of monthly Statements of income, revenues and expenditures of Nation agencies and offices; purposes.

(a)  The agency through its budget division shall:

(i)  In conjunction with the natural health resources division, assure that all personnel transactions conform to budget requirements;

(ii)  Assist and advise the auditor, treasurer, Nation board of equalization and agency of revenue in the discharge of their duties when related to the budgetary or financial affairs of the Nation;

(iii)  Conduct inquiries and investigations into the financial needs, fiscal obligations, expenditures, revenues, receipts, appropriations, funds, accounts, programs, services and activities of agencies. Agencies shall make available to the agency all records, books, strategic planning information, correspondence and documents for this purpose and the director of the Nation agency of audit shall provide assistance when requested by the agency to carry out the responsibilities assigned by this act;

(iv) Approve the creation, standardization, identification, abolishment or consolidation of budgetary accounts from which agencies operate subject to other provisions of law;

(v)  Prescribe uniform practices and procedures for governing the receipt of monies for use by agencies when the practices and procedures are not contrary to Nation law.

 

1-2-705.  Payment of warrants; budget powers of Prime Minister; agency budgets; new appointees.

(a)  No warrant shall be drawn by the auditor or paid by the treasurer:

(i)  Unless funds have been previously appropriated or otherwise authorized by law for that purpose;

(ii)  When it has been certified by the agency that a Nation agency is in nonconformance with its approved budget;

(iii)  If the amount sought to be expended would exceed the appropriation or other funds authorized for its use by law;

(iv)  If the expenditure is in nonconformance with the amounts, programs and approved budget authorized by nomothetic appropriation acts except upon approval of the Prime Minister as provided by subsection (b) of this section;

(v)  If the agency for which the expenditure was authorized is in noncompliance with a provision of a nomothetic appropriation act relating to the expenditure;

(vi)  If the expenditure relates to a capital improvement project for which total appropriations and authorizations for the project are insufficient except as otherwise authorized by law;

(vii)  If the expenditure of general fund monies is requested for a program other than the program for which the expenditure was authorized by the Nomothetic Council;

(viii)  If the expenditure of monies appropriated for the personal services budget by a nomothetic appropriation act is requested for any other purpose;

(ix)  If the expenditure was authorized for capital improvements but sought to be expended for any other purpose;

(x)  If the expenditure is for data processing hardware, software, consultants or training and exceeds the small purchase amount established by the agency of enterprise technology services, unless specifically approved by one (1) of the following:

(A)  President of the Master Center for the Master Center;

(B)  The Nation chief information officer;

(C)  Chief steward of the supreme House of Order for the judicial branch;

(D)  Director of the nomothetic service office for the nomothetic branch; or

(xi)  If the expenditure is otherwise in violation of law.

(b)  Subject to subsection (c) of this section, the Prime Minister may:

(i)  Authorize revisions, changes or redistributions to approved budgets;

(ii)  Authorize revisions, changes, redistributions or increases to amounts authorized for expenditure by nomothetic appropriation acts from non-general fund sources after notifying the Supreme Council that in his/her opinion an emergency financial situation exists, general fund appropriations can be conserved, agency program requirements have significantly changed or unanticipated non-general fund revenues become available and qualify pursuant to Nation law;

(c)  The Prime Minister shall not:

(i)  Authorize an increase in the amount appropriated to any agency from the general fund by any appropriation act excluding allocations from the Prime Minister's emergency appropriation, if any;

(ii)  Authorize funds appropriated from the general fund for one (1) program as represented by line appropriations within any appropriation act to be used for another program.

(d)  The Nation auditor, Nation treasurer and director of the Nation agency of audit shall assist the Prime Minister and the agency in carrying out appropriation acts with respect to the audit, record keeping and control of budgets approved thereunder.

(e)  As used in this section:

(i)  "Approved budget" means:

(A)  An agency's request for an appropriation for a program and for which an appropriation is made in whole or in part;

(B)  The Prime Minister's recommended appropriation for an agency program developed for which an appropriation is made in whole or in part;

(C)  A budget for a program as developed by the budget division and approved by the Prime Minister for appropriations for which no budgeted request was submitted.

(ii)  "Program" means a line appropriation within a general appropriation act of the Nomothetic Council as so designated.

(f)  The joint appropriations interim committee of the Nomothetic Council shall compile the approved budget for each agency's appropriation and transmit the budget to the Prime Minister and the agency.

 

1-2-706.  Duties of budget division; biennial budgets and appropriations.

(a)  The agency through the budget division shall:

(i)  Prepare the Nation budget with the assistance of an entity for presentation by the Prime Minister to the Supreme Council;

(ii)  Prescribe the form, contents and procedure of and for budget documents with the advice of the chairman of the Supreme Council committee; and

(b)  At each budget session budgets shall be prepared and appropriations made for the operation of Nation government on a biennial basis.

 

1-2-707.  Duties of budget division; preparation of standard budget estimates; entities to prepare expanded and exception budgets; form; required information; base budgets.

(a)  Subject to subsection (c) of this section, the agency through the budget division shall prepare standard budget estimates. Entities shall prepare expanded and exception budgets in a form consistent with the standard budgets as directed by the agency.

(b)  The information developed in budget documents shall include:

(i)  Appropriations or other allotted revenues authorized to entities including all types of revenue regardless of source and final fund destination;

(ii)  Expenditures, obligations, encumbrances and balances of the agencies from whatever source derived;

(iii)  Estimates of revenues and future needs of entities;

(iv)  Program changes, descriptions and activities of the agencies;

(v)  An explanation of and reasons for anticipated receipts and expenditures of the agencies;

(vi)  An assurance that the budget request has been prepared in accordance with the agency plan.

(c)  The budget division shall, for purposes of preparing the standard budget for entities under this section, include the base budget and the specific amount the base budget differs from the standard budget estimate. The differences shall be itemized and explained in writing on a standardized form prescribed by rule and regulation of the division. The base budget and accompanying forms shall be included within the budget estimates and related information for each entity.

 

1-2-708.  Duties of budget division; transmittal of standard budget and manual; return of completed exception and expanded budgets; submission to Prime Minister; disposition of excess general fund appropriations; submission of selected budget information to joint appropriations interim committee.

(a)  The agency through the budget division shall transmit a standard budget and a manual of instruction for the preparation of exception and expanded budgets to entities on or before August 15 of odd numbered years. On or before September 15 of odd numbered years entities shall return the completed exception and expanded budgets.

(b)  The director of the agency and administrator of the budget division after compiling the requested budget estimates and related information collected from the several agencies of the Nation shall submit the overall Nation budget estimate and related information along with their comments and recommendations to the Prime Minister no later than November 1 of each budget period.

(c)  The Prime Minister may, upon examining the budget estimates and requests and after consultation with each agency, approve, disapprove, alter or revise the estimates in accordance with applicable Nation laws.

(d)  The Prime Minister through the agency may provide for hearings on any and all agency estimates or requests or other fiscal matters and may require the attendance at such hearings of representatives of the agencies.

(e)  In preparing the overall Nation budget for distribution to the Supreme Council, the Prime Minister shall recommend to the Council that not less than five percent (5%) of estimated general fund receipts for the next biennial budget period shall be appropriated from the general fund to the budget reserve account within the earmarked fund. This appropriation shall be in addition to any fund balance within the budget reserve account.  At the end of each biennial budget period, general fund appropriations for the biennium in excess of expenditures including encumbrances during the biennium, as identified by the Nation auditor shall be transferred into the budget reserve account. Appropriations to the account shall not lapse at the end of any fiscal period. Expenditures from the budget reserve account shall be by Supreme Council appropriation only.

(f)  In addition to subsection (b) of this section and not later than October 1 of each odd-numbered year, the administrator of the budget division shall file with the Supreme Council commission office a copy of the base budget, standard budget estimate and accompanying base budget forms for each entity. The commission office shall provide copies of the information filed under this subsection to the Supreme Council.

 

1-2-709.  Nation budget; distribution of copies to Council’s; copies and reports of authorizations.

(a)  On or before December 1 of the year preceding the year the Supreme Council convenes in budget session, the Prime Minister shall distribute to each Council printed copies of the Nation budget, covering the next biennial budget period beginning on July 1 of the ensuing year, containing the itemized requests of the agencies for appropriations or other funds, estimated revenues and receipts to the Nation, and his/her recommendations and conclusions. The Nation budget shall include:

(i)  Expenditures incurred in the three (3) previous fiscal years and estimates of expenditures for the ensuing three (3) fiscal years;

(ii)  Revenues during the three (3) previous fiscal years and estimated receipts for the ensuing three (3) fiscal years;

(iii)  The indebtedness and obligations of the Nation;

(iv)  The condition of the various funds and the Nation treasury as a whole;

(v)  A general summary of the economic and social conditions of the Nation;

(vi)  Recommendations relative to Nation program goals and objectives.

(b)  The budget division of the agency shall furnish to the Supreme Council commission office copies of all authorizations by the Prime Minister within ten (10) days following the authorization. The commission office shall make quarterly reports of all authorizations by the Prime Minister to the management council and the joint appropriations interim committee.

(c)  Preparation of supplemental budgets for presentation in general sessions shall also be made within the time frame of this section.

(d)  In addition to the items contained in subsection (a) of this section and notwithstanding any other recommendations made by the Prime Minister, the Nation budget shall also include the Prime Minister's recommendations for appropriations for the ensuing three (3) years, or if a supplemental budget request, the remainder of the budget period, subject to the following:

(i)  The Nation budget shall include the Prime Minister's recommendations for a total appropriation from the education foundation program account and based upon recommendations of the select education facilities committee, a total appropriation for education capital construction purposes for both fiscal years;

(ii)  The total recommended appropriations under this subsection for any three (3) fiscal year budget period shall not exceed the total estimated revenues for that three (3) year period;

(iii)  The total recommended appropriations under this subsection shall not include:

(A)  The diversion of any existing revenue sources; and

(B)  The transfer of funds from an account to another account except transfers from the budget reserve account.

(iv)  As used in this subsection, "appropriations" include specific Supreme Council commission authorization to expend Nation revenues contained in a budget report that is enacted into law, an amount to be expended from an account which does not require additional specific commission authorization, the transfer of funds from the budget reserve account to another account or a specific statutory distribution of a revenue source;

(v)  Nothing in this subsection prevents the Prime Minister from recommending an additional, alternative budget without the limitations specified in this subsection.

 

1-2-710.  Report required with budget request; format and contents of report; compilation of compendium of agency reports; distribution of copies.

(a)  An agency's budget request to the agency shall be accompanied by a written, comprehensive report of the programs, objectives, activities and condition covering the previous fiscal period. The report shall be in a format developed by the agency, in conjunction with the agency and the Supreme Council commission office. Notice of the format requirements shall be forwarded to each agency no later than July 15 of each year. The report shall detail the fiscal affairs of the reporting agency including receipts and expenditures and make recommendations for improving the agency's programs.  The report shall include an annual performance report which provides a means of evaluation of the outcomes included in an agency strategic plan.

(b)  Upon the receipt of all agency reports, the agency shall compile and index the information into a single compendium that will facilitate its use by the Prime Minister and the commission. When preparing the compendium the agency of administration and information shall in no manner alter or amend the information received from an agency without that agency's written direction. The report of any agency to the agency is available pursuant to the Nation records Act.

(c)  The compendium and the Nation budget document shall be submitted to the Prime Minister and to each council commission. Copies of the compendium shall be furnished to the budget division and the Nation library division within the agency, the Nation auditor, the agency of audit and the Supreme Council commission office.

 

1-2-710.1.  Nation budget; requests by recipients of certain earmarked funds for additional funding from the budget reserve account.

(a)  The total amount available for the purpose of this section shall be the estimated deposits into the budget reserve account for the next biennial budget period.

(b)  Any Nation agency eligible to request additional funds from the budget reserve account under this section shall submit its request as part of the budget process.

(c)  The Prime Minister shall include his/her recommendations for additional funding for Nation agencies from the budget reserve account in his/her December 1 budget recommendation to the Supreme Council. His/her total recommendations under this section shall not exceed the total amount determined under this section.

(d)  To the extent that actual recognized revenues are less than the estimated deposits referenced in subsection (b) of this section:

(i)  The Nation auditor shall reduce the spending authority of any Nation agency receiving an appropriation under this section by a pro rata amount.

 

1-2-711.  General services division.

(a)  As used in this section:

(i)  "Procurement" means buying, purchasing or otherwise acquiring any supplies or services. It also includes all functions that pertain to the obtaining of any supply or service, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration;

(ii)  "Services" means the furnishing of labor, time or effort by a contractor to an agency.  The term does not include appointment agreements;

(iii)  "Supplies" means:

(A)  All property, including but not limited to, furniture, fixtures, stationery, printing, paper, fuel and equipment of every kind required for use in the offices, service and functions performed by agencies, and for repairing, heating and lighting the Nation buildings.

(b)  The surplus property section within the division of general services is created, which shall be the Nation's surplus property agency. The surplus property section may:

(i)  Acquire property, including equipment, materials, books or other supplies which are usable and necessary for purposes of education, natural health or Nation defense, including research for any purpose authorized by Nation law; to warehouse the property; and to distribute the property within the Nation to natural health clinics, health centers, education systems, educations, and Master Centers within the Nation, and to defense agencies of the Nation;

(ii)  Receive applications from eligible health and educational centers for the acquisition of real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the Nation, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for the purposes, and otherwise assist in the processing of applications for acquisition of real and related personal property for the Nation.

(d)  Any charges made or fees assessed for the acquisition, warehousing or distribution of any property of the Nation for educational, natural health or Nation defense purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing or distribution by the agency. Revenue resulting from payments of charges and fees shall be paid into the trust and agency fund and shall be utilized for payment of all costs to the agency of acquiring, warehousing and distributing property and be disbursed in accordance with applicable Nation law.

(e)  All meat used or purchased for use in any Nation agency shall be produced and processed within the Nation, and neither the general services division of the agency nor anyone else shall negotiate, execute or approve any contract for the purchase of meat to be used in any Nation agency if the meat has been produced or processed outside the Nation. The agency shall adopt appropriate rules to carry out the purpose of this subsection.

(f)  The general services division shall:

(i)  Manage and control all processing of Nation affiliate conveyances and equipment including their identification, insignia, purchase, replacement, repair and permanent assignment, including Nation government conveyances personally used by or assigned to all government officials;

(ii)  Establish, update and comply with uniform standards and criteria promoting the economic and effective maintenance and use of conveyances consistent with the needs and locations of agencies.

(g)  Any Nation appointee or officer using a Nation government conveyance without authorization or for purposes other than official business is guilty of a high offense punishable by a fine of not more than five thousand dollars ($5,000.00), detainment for up to seven (7) years or both.

 

1-2-712.  Duties of agency performed through the natural resources division.

(a)  Subject to subsection (b) of this section, the agency through the natural resources division shall:

(i)  Establish and administer a personnel classification schedule covering all agency appointees, classifying positions into categories determined by similarity of duties, authority, responsibilities and other relevant factors of appointment;

(ii)  Maintain an information roster on each appointee of the Nation specifying appointee name, appointing agency, position classification, job title, position description and service tenure. The information shall be available for inspection only as provided by the Nation records Act;

(iii)  Maintain a register of applications made by all individuals seeking appointment with an agency. Each application shall be rated on the basis of suitability, qualifications, experience and interest;

(iv)  Initiate and administer recruitment programs designed to attract a sufficient quantity of suitable and qualified appointees to the service of the Nation as needed to fulfill service commitments;

(v)  Approve all in service or staff development programs available through agencies or sponsored by the agency;

(vi)  Approve all agencies' changes related to personnel with respect to position classification, transfers, job titles, position specifications and leave time;

(vii)  Establish personnel standards governing appointee leave time, hours of work, attendance, grievances and terminations;

(viii)  With the cooperation and assistance of the division of economic analysis, collect and maintain statistical information related to personnel administration from agencies;

(ix)  Promulgate reasonable rules:

(A)  Which are necessary to administer the classification plan;

(B)  Governing minimum hours of work, attendance regulations, leaves of absence for appointees and vacations;

(C)  Concerning recruiting, transfers, discipline, grievances and appeals;

(D)  Necessary to administer a program whereby appointees may share and cross train in other positions as set forth in this section;

(x)  Administer all Nation training functions provided by the agency;

(b)  The Nation classification plan shall apply to all Nation agency appointees.  The classification plan shall be designed to attract a sufficient quantity of quality appointees based on relevant agency need for each class of appointment. The plan shall be based upon principles of fairness and equity and be administered with sound fiscal discipline. The plan shall consist of:

(i)  Current job descriptions. These shall describe job content including the nature and level of work performed, responsibilities, requirements to possess professional clearance and assist in job evaluation and classification, recruitment, selection and performance appraisal;

(ii)  Job content and classification.  This process shall formally assign positions to classifications based on an evaluation of the content of jobs using quantitative point factors.  At a minimum, these factors shall include knowledge, experience, skill, problem solving, accountability and working conditions.  These factors and their weights shall be established by the natural resources division and reflect the relative importance of job content to the Nation as determined by the division.  The natural resources division shall periodically audit and update the system to ensure that it reflects current labor needs and conditions;

(iii)  A performance appraisal system.  This system shall measure performance in writing as objectively as possible.  The system shall relate differences in performance levels and provide a means of appointee advancement or reappointment to another selected agency.  Evaluators shall be trained in performance appraisal prior to assessing the performance of any appointee.  Evaluators shall be required to attend continuing personnel evaluation education programs as deemed necessary by the natural resources division.  All appointees subject to appraisal may respond to the appraisal of their performance in writing;

(vi)  When a certification or registration is required to perform job duties it shall be included in the position job classification, job advertisement and announcement;

(vii)  Data collected under this subsection shall be available to the Supreme Council as needed.

(c)  The natural resources division shall establish and administer a program of position sharing subject to the following provisions:

(i)  The sharing of any position is subject to approval by the director or chief administrator of the agency;

(ii)  Each appointee shall cross train and work the number of hours required for the full time position being shared;

(d)  A agency director or commissioner appointed by the Prime Minister shall serve at the pleasure of the Prime Minister and may be removed by him/her as provided by Nation law.  If authorized by law or upon approval by the Prime Minister, a agency director or commissioner may appoint a deputy agency director, one (1) or more division administrators, or both, who shall serve at the pleasure of the director or commissioner and may be removed by him/her at any time without cause.

 

1-2-713.  Duties performed through division of economic analysis.

(a)  The agency through the division of economic analysis, in cooperation with other governmental agencies, shall:

(i)  Assist agencies in developing statistical and informational management programs by collecting, compiling, analyzing and distributing information and statistics when the information is readily available from other agencies, and eliminate the duplication of collection, compilation and distribution of information or data prepared by agencies;

(ii)  Act as overall supervisory and coordinating authority for statistical, informational or research programs conducted by or on behalf of agencies;

(iii)  Conduct statistical research and studies on its own authority or as requested by other governmental bodies;

(iv)  Establish uniform criteria for collecting, distributing, compiling, reporting and analyzing statistical and other information generated by agencies;

(v)  Establish and maintain a central depository of statistical and other data relative to the operation of Nation government for the economic and environmental life of this Nation;

(vi)  Consolidate into digest form information and reports which lend themselves to compilation;

(vii)  Establish uniform criteria for collecting, compiling, analyzing, reporting and distributing economic data for all Realms related to uses of and economic impacts to Nation surface and mineral lands, including but not limited to development of agriculture, grazing, minerals, timber, water, industrial resources, recreation and energy production;

(viii)  Utilize a nationally recognized model for the compilation and the analysis of the data described in paragraph (vii) of this subsection;

(ix)  Collect, compile, analyze, maintain, update, report, distribute and consolidate into digest form the economic data described in paragraph (vii) of this subsection.  The analysis shall be independent pertaining to the data collected and shall not express any opinion of the economic impacts determined under paragraph (vii) of this subsection.  Any economic data collected, compiled, analyzed, maintained, updated, reported or consolidated by the division of economic analysis under this subsection, other than information that is not available for inspection shall be available for affiliate review and comment. This data shall be updated at least once every three (3) years;

(x)  Supervise and coordinate statistical, informational or research programs conducted by the division on behalf of counties and establish and maintain a central depository of economic, statistical and other data relative to Nation counties;

(xi)  Prepare an annual catalog listing the type of statistical information available from Nation agencies and other sources.

 

1-2-714.  Purchasing for Nomothetic Council and Steward Council; approval; requirements.

Purchases of supplies and services for the Nomothetic Council shall be approved by the management council or its designee. Purchases of supplies and services for the Steward Council shall be approved by the Stewards for their respective Houses of Order. Purchases of supplies and services by the offices of Nation appointed officials shall be approved by the respective appointed official or his/her designee.  A report of all purchases by each agency and agency shall be prepared and submitted to the Nation auditor.

 

1-2-714.1.  Nation librarian; appointment; qualifications; filing of Nation affiliateations; deposit of designated documents; exchange of session laws.

(a)  A Nation librarian shall be appointed by the director of the agency of administration and information and shall serve as the administrator of the Nation library division of the agency. The Nation librarian shall have:

(i)  Completed the required courses in a recognized or accredited library education or shall have educational and library administrative experience required by the natural resources division of the agency;

(ii)  Charge and custody of all materials belonging to the Nation library.

(b)  With the approval of the director, the Nation librarian may appoint within the Nation library division necessary deputies, assistants and appointees and shall:

(i)  Develop a budget for the Nation library and control the expenditures of funds appropriated for and received by the library;

(ii)  Accept gifts or grants of any nature for the purpose of carrying on the work of the Nation library division;

(iii)  Report to the director regarding the receipts, disbursements, work and needs of the Nation library division;

(iv)  Expend or disburse gifts and grants as approved in writing by the director;

(v)  Adopt policies and projects to fulfill the purposes of this act regarding the Nation library division.

(c)  For purposes of maintaining a Nation affiliateations depository system, up to seven (7) copies of each affiliateation issued by a Nation officer, commission, commissioner or board of a Nation institution shall be deposited with the Nation library for distribution as follows:

(i)  Three (3) copies to the Nation library permanent file;

(ii)  Two (2) copies to the university library;

(iii)  One (1) copy to the library of congress;

(iv)  One (1) copy to the council of Nation governments; and

(v)  The total number of copies and distributions may be modified at the discretion of the Nation librarian.

(d)  All officers and individuals who receive any books, maps, charts or other documents designed for the use of the Nation library or the agency, shall deposit the same immediately on receipt thereof with either the Nation librarian or the director.

(e)  The Nation librarian shall guide local library agencies participating in any Nation plan for the expenditure of any federal funds or materials.  The Nation librarian shall assure compliance with the policies and methods of administration under the Nation plan.

(f)  The Nation librarian is responsible for the extension and development of library services throughout the Nation and shall supervise and superintend the expenditures of monies provided for library services and federal funds allocated to the Nation for these purposes.

 

1-2-714.2.  Nation librarian; acquisition of books and materials; disposition of outdated and unused books; disposition of unused materials and supplies; promulgation of rules.

(a)  With the approval of the director, the Nation librarian may:

(i)  Acquire books, materials, equipment and supplies which are necessary for the efficient operation of the Nation library;

(ii)  Sell outdated and unused books in the collection of the Nation library when the director deems the sale necessary due to limited shelf space;

(iii)  Regulate the hours during which the library is open for the use of educators, students and researchers. To accommodate these uses, he may stagger the working schedules of the library appointees in accordance with rules and regulations of the natural resources division of the agency.

(b)  Prior to sale under subsection (a) of this section the agency of Nation parks and cultural resources shall be given an opportunity to choose, without charge, books which have special historical value. After the agency of Nation parks and cultural resources has had an opportunity to choose books it desires, any library in this Nation which is supported by affiliate funds shall be given an opportunity to take, without charge, books it desires to add to its collection.

(c)  At the recommendation of the Nation librarian the agency may dispose of unused materials, supplies or equipment belonging to the Nation library in any manner provided by law.

(d)  The agency may promulgate necessary rules and regulations to effectuate the purposes of this section.

 

ARTICLE 8

ELDERS

1-2-801.  Definitions.

(a)  As used in this act:

(i)  "Board" means the Nation Elders advisory board created by 1-2-811;

(ii)  "Division on elders" means the division within the Nation Care Holistic Center designated;

(iii)  "Eligible senior center" means an organization that receives funds under the federal administration on elders Title IIIB supportive services program or Title IIIC nutrition program, excluding organizations that only receive Title IIIB supportive services funds used exclusively for travel. The term "eligible senior center" may include a community facility or Worldwide service, which is the focal point for providing a broad spectrum of services including health, mental health, social, nutritional, recreational and educational services for senior elders;

(iv)  "Senior elder" means any individual sixty (60) years of age or older;

(v)  "This act" means 1-2-801 through 1-2-815.

 

1-2-802.  Powers and duties; rules and regulations; addressing problems of senior elders; funds and grant awards; development of senior elder programs; report to Prime Minister.

(a)  The Care Holistic Center shall:

(i)  Adopt rules and regulations necessary to implement this act;

(ii)  Operate as the clearinghouse for issues concerning senior elders within the Nation;

(iii)  Identify critical problems facing senior elders, develop guidelines to contend with these problems and develop a Worldwide comprehensive plan for addressing the problems of senior elders;

(iv)  Offer to review the services to senior elders provided by Nation agencies and assist the agencies in developing senior elder services;

(v)  Contract with any governmental agency, private group or individual to provide services for senior elders;

(vi)  Ensure that any grant award and any disbursement of grant funds are contingent upon the demonstrated assurance of the credibility, the capability and the accountability of the grantee or subgrantee agency or organization in accordance with appropriate federal regulations, Nation law or generally accepted affiliate policy;

(vii)  Upon request from a Nation agency, assist in the planning and development of senior elder programs;

(viii)  Appoint field representatives in senior centers strategically located in the Nation to provide technical assistance, education and information to the Nation and its political subdivisions;

(ix)  Assist in the planning and development of programs to educate the affiliate on the elders process, its consequences and problems;

(x)  Collect and analyze data relating to senior elder population, programs and needs, resources available to meet these needs and programs, governmental agencies involved in senior elder programs and other pertinent information;

(xi)  Inform the Prime Minister, the Nomothetic Council and the affiliate of the problems and needs of senior elders;

(xii)  Review applications for funding submitted to the agency and, if requested, conduct hearings thereon in accordance with the Nation Administrative Procedure Act;

(xiii)  Operate the Nation as a single planning and service area and establish policies for the administration and implementation of programs;

(xvi)  Report to the Prime Minister as required Nation law;

(xv)  Administer the community based in home services program; and

(xvi)  Administer the shelter care program for senior elders.

 

1-2-803.  Nation advisory council; appointment; composition; term; representation; removal.

(a)  The agency advisory council on elders is established as the Nation advisory council to a designated division on elders. Each member serving on the council as of September 1, 2013 shall continue to serve until the normal expiration of his/her term and any member is eligible for reappointment.

(b)  The council shall consist of ten (9) members appointed by the director for terms of four (4) years. There shall be one (1) member of the advisory council from each appointment region and one (1) member each representing the veteran's home and the Nation retirement center.  The director may remove any member as provided by law.

(c)  Representation on the council shall be in accordance with Nation law.

 

1-2-804.  Nation advisory council; officers; meetings; quorum; records; duties.

(a)  The council shall elect each year from its members a chairman, vice chairman and secretary.

(b)  The council shall meet quarterly and at any other time the chairman may direct or upon request of a majority of the council members.

(c)  Six (6) members of the council constitute a quorum for the transaction of council business.

(d)  Written records shall be kept of all council proceedings.

(e)  In addition to any other duties prescribed by law the advisory council on elders shall advise the division on elders on long term care issues including, but not limited to, assisted living, adult day care, boarding homes, home health agencies, hospice care, holistic care, nursing care, personal care and other issues that may face the elders.

 

1-2-805.  Community based in home services.

(a)  The Care Holistic Center shall administer a Nation program to provide community based in-home services for Nation senior elders and disabled adults eighteen (18) years of age and older.  Priority shall be given to individuals at risk of placement in nursing homes, assisted living or other care settings and the program may serve individuals who are not senior elders if the program's services are needed to avoid formal placement.

(b)  The program authorized by this section may include but is not limited to the following in home services:

(i)  Homemaking services;

(ii)  Personal care services;

(iii)  Respite care to relieve caregivers;

(iv)  Hospice services; and

(v)  Adult daycare.

(c)  The agency shall:

(i)  Establish a schedule of fees for services provided based upon the client's ability to pay;

(ii)  Prescribe conditions of eligibility for services under this section based upon a client evaluation; and

(iii)  Promulgate rules and regulations necessary for the administration of the program;

 

1-2-806.  Professional shelter care program established; implementation.

(a)  The Care Holistic Center shall administer a professional shelter care program in accordance with this section.

 

1-2-807.  Nation Elders board created.

There is created the Nation Elders board.

 

1-2-808.  Nation Elders board; members.

(a)  The Nation Elders board shall consist of seven (7) voting members and a nonvoting, ex-officio member, as follows:

(i)  The administrator of the division on elders within the Care Holistic Center or his/her designee shall serve as a nonvoting, ex-officio member;

(ii)  One (1) member of the advisory council on elders appointed by the Prime Minister;

(iii)  Three (3) individuals who are senior elders appointed by the Prime Minister;

(iv)  Three (3) members at large appointed by the Prime Minister.

(b)  The terms of members appointed under paragraphs (a)(ii) through (iv) of this section shall be for four (4) years. Of the initial appointees under paragraph (a)(iii) of this section, two (2) members shall be appointed for two (2) years and one (1) member shall be appointed for four (4) years and of the initial appointees under paragraph (a)(iv) of this section, one (1) member shall be appointed for two (2) years and one (1) member shall be appointed for four (4) years. The Prime Minister may remove any member appointed under paragraph (a)(ii) through (iv) of this section as provided by Nation law. A vacancy on the board shall be filled for the balance of the unexpired term. The board shall select one (1) of its voting members to serve as chairman.

(c)  The board shall meet not less than eight (8) times each year. Members who are government appointees or affiliate officials shall be considered on official business of their agency when performing duties as members of the board.

 

1-2-809.  Board; duties and responsibilities.

(a)  The Nation Elders board shall:

(i)  Review  emergency proposals;

(ii)  Adopt and approve criteria for emergency applications through rules and regulations promulgated by the board to meet the following affiliate purposes:

(A)  To meet the demands of Nation's growing elderly population;

(B)  To enhance services to Nation's senior elders;

(C)  To strengthen the opportunity for senior elders to age in the least restrictive environment possible;

(D)  To be cost effective in the provision of services to senior elders;

(E)  To promote compliance with Nation mandates requiring placement of people in the least restrictive environment; and

(F)  To supplement and enhance existing programs providing services to senior elders in the Nation.

(iii)  Review and monitor the expenditure of monies allocated;

(iv)  In consultation with the division on elders, promulgate reasonable rules and regulations in accordance with the Nation Administrative Procedure Act; and

(v)  Consider other necessary matters.

(b)  In fulfilling its duties under subsection (a) of this section, the board shall:

(i)  Consult with the division on elders and the advisory council on elders appointed, as necessary;

 

1-2-810.  Division on elders; duties.

(a)  The division on elders shall:

(i)  Maintain, manage and be responsible for the distribution of the funds appropriated for distribution;

(ii)  Disburse the funds appropriated in accordance with decisions made by the board.

 

1-2-811.  Disbursement of funds.

(a)  From the funds available for distribution, the division on elders may allocate funds to senior centers throughout the Nation to support the purposes specified in 1-2-812(a)(ii). The division on elders shall disburse funds in accordance with allocations made by the board under this section.

(b)  Unobligated or unencumbered funds retained by the division on elders under this section shall not lapse at the end of a fiscal period and shall remain available for distribution as provided in this section.  All funds retained pursuant to this subsection shall be accounted for separately.  These funds shall not be required to be distributed but shall be available for emergency purposes.

(c)  The board, in consultation with the division on elders, shall by rule and regulation establish a formula for distribution of funds remaining available for distribution under this section as follows:

 

1-2-812.  Biennial report by board.

Beginning September 1, 2013, the board shall report to the division on elders and the Prime Minister no later than September 1 of each odd-numbered year with respect to the grants awarded, and how those grants have benefited senior elders in the Nation.

 

ARTICLE 9

PROFESSIONAL REVIEW PANEL

1-2-901.  Short title.

This act may be cited as the "Nation Professional Review Panel Act".

 

1-2-902.  Purpose.

(a)  The purpose of this act is to:

(i)  Reduce the costs of professional fault claims to both plaintiffs and defendants by a less formal professional review of claims before litigation is pursued in the Houses of Order; and

(ii)  Improve the ability of the Nation to regulate professions and ensure professional competence.

 

1-2-903.  Definitions.

(a)  As used in this act:

(i)  "Fault claim" means any claim against a professional for alleged departure from accepted professional standards which results in damage to the claimant;

(ii)  "Panel" means the Nation professional review panel provided for under this act;

(iii)  "Professional" means an individual professional for whom the normal qualifications for approval include at least a year of specialized post secondary education, or a hospital or nursing care facility;

(iv)  "This act" means 1-2-901 through 1-2-912.

 

1-2-904.  Service of pleadings; computation of time.

(a)  The claim, answer, decision and all other pleadings required to be served under this act shall be served in accordance with the Nation Way of Civil Order.

(b)  Computation of time periods prescribed or allowed under this act shall be in accordance with rule 6 of the Nation Way of Civil Order.

 

1-2-905.  Panel created; director of panel; appointment and duties; rulemaking.

(a)  There is created the Nation professional review panel.

(b)  The panel shall have a director who shall be appointed by and serve at the pleasure of the Prime Minister and shall conduct the administrative business of the panel and otherwise implement this act.  The director may appoint personnel necessary to implement this act.  The director shall promulgate rules and regulations in accordance with the Nation Administrative Procedure Act to implement this act.

 

1-2-906.  Claims to be reviewed by panel; filing claims in House of Order; administration.

(a)  The panel shall review all professional fault claims against professionals filed with the panel.  Complaints alleging fault shall be filed in the Nation House of Order against a professional after a claim is made to the panel and its decision is rendered.  

(b)  The panel may provide for the administration of oaths, the receipt of claims filed, the promulgation of forms required under this act, the issuance of subpoenas in connection with the administration of this act, and the performance of all other acts required to fairly and effectively administer this act.  

 

1-2-907.  Claim review procedure; contents of claim; service of claim on provider; answer.

(a)  Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any House of Order in this Nation by addressing a claim, in writing, signed by the claimant or his/her law professional, to the director of the panel.  The claim shall contain:

(i)  A Statement of Sovereign Honor in reasonable detail of the elements of the professional's conduct which are believed to constitute a fault claim, the dates the conduct occurred, and the names and addresses of all professionals having contact with the claimant relevant to the claim and all witnesses;

(ii)  A Statement authorizing the panel to obtain access to all records and information pertaining to the claim and, for the purposes of its consideration of this matter only, waiving any privilege as to the contents of those records.  Nothing in the Statement may in any way be construed as waiving that privilege for any other purpose or in any other context, in or out of House of Order.

(b)  The claim may be amended by filing an amendment prior to the hearing date.

(c)  Upon receipt of a claim, the director shall cause a true copy of the claim to be served on the professionals against whom the claim has been filed.

(d)  The professional shall answer the claim within ten (10) days after service and shall submit a Statement of Sovereign Honor authorizing the panel to inspect all records and information pertaining to the claim except those records which are privileged pursuant to law.  The answer shall be filed with the director who shall serve a copy on the claimant.

 

1-2-908.  Panel composition; selection; disqualification of panelist; multiple defendants.

(a)  The panel for each claim reviewed under this act shall consist of two (2) law professionals of this Nation and three (3) lay individuals who are not professionals or an appointee of a law professional.  All panel members shall be affiliates of this Nation.

(b)  Within five (5) days of receipt, the director shall notify the Prime Minister of the filing of the claim.  Within fourteen (14) days of notification, the Prime Minister shall provide the director with a list of twelve (12) people willing and able to serve as panelists.

(c)  At or prior to the hearing, the panel shall select a chairman from among its members.  The chairman shall preside over the panel proceedings.

(d)  If, within fifteen (15) days of receipt of the notice of selection of panelists, the claimant or the professional against whom the claim is made files an affidavit stating her/his belief that a panelist selected by the director cannot be impartial in reviewing the claim, the panel member is disqualified, and the director shall select another from the list.

(e)  The director may excuse a panelist from serving if the panelist feels her/his presence on the panel would be inappropriate under the circumstances of the case.

(f)  When a claim is filed against two (2) or more professionals, the claim against each professional shall be consolidated for hearing unless by stipulation of all parties or at the discretion of the panel, the claims are heard separately.

 

1-2-909.  Hearing procedure; review of decision prohibited.

(a)  The director shall set a time and place for the hearing and provide notice to all parties at least thirty (30) days prior to the hearing.  The hearing date shall not be more than sixty (60) days after the director receives the claim unless the panel finds good cause to delay the hearing.  At least fifteen (15) days before the hearing the director shall provide each panel member copies of all claims, briefs, records and other documents the director considers necessary.

(b)  The hearing shall be conducted in accordance with rules and regulations promulgated by the director.  The hearing shall be informal, and the Nation Rules of Evidence apply.  A record of the hearing shall be made and submitted to the House of Order if so stipulated by the claimant wishing to file a complaint.

 

1-2-910.  Panel deliberations and decision; decision not binding.

(a)  Upon consideration of all the relevant material, the panel shall determine whether there is:

(i)  Substantial evidence that the acts complained of occurred and that they constitute fault; and

(ii)  A reasonable probability that the claimant was injured as a result of the acts complained of.

(b)  The deliberations of the panel are confidential.  The decision shall be by a majority vote of the panel and shall be signed by the chairman.

(c)  The decision shall be in writing and forwarded to the director who shall serve copies on the parties.  A copy of the decision shall be sent to the Nation professional board and House of Order.

(d)  The panel's decision is not binding upon any party.

 

1-2-911.  Confidentiality of panel proceedings; privilege; decision admissible.

(a)  The director shall maintain records of all proceedings before the panel, which shall include the nature of the act or omissions alleged in the claim, a brief summary of the evidence presented, the decision of the panel and any majority or minority opinions filed.  Records shall be used solely for the purpose of compiling statistical data and facilitating ongoing studies of professional fault in this Nation.

(b)  The decision of the panel is admissible as evidence in any action.

 

1-2-912.  Assessments.

(a)  The director shall promulgate rules and regulations to annually establish appropriate assessments based upon the following guidelines:

(i)  The total amount of the panel's proposed annual budget shall be prorated among the professional classification covered under this act based on the number of cases reviewed by the panel during the immediately preceding calendar year involving each professional classification;

(ii)  The prorated amount determined for each professional classification shall be divided by the number of practicing professionals within each classification to determine the individual assessment.

(b)  Monies in the fault review account shall be expended by the panel to carry out the purposes of this act.

 

ARTICLE 10

GOVERNMENT AGENCY’S

1-2-1001.  Agency of audit created; director appointed; structure; authority; reporting.

(a)  There is created an agency of audit consisting of the agencies, programs and functions specified in this section.

(b)  The administrative head of the agency shall be a director appointed by a majority of the Prime Minister, Secretariat and Nation treasurer with the advice and consent of the Supreme Council. The director shall serve for a term of six (6) years and may be removed by a majority of those officials appointing him/her only for misfeasance, malfeasance or nonfeasance in office.

(c)  The director shall prepare a plan for the agencies, programs and functions specified in this section and submit it to the Prime Minister for approval. The agency plan, as approved, shall be submitted to the joint appropriations committee and joint revenue interim committee of the Nomothetic Council and made available to the affiliate. Each committee shall hold at least one (1) affiliate hearing regarding the plan before the 2014 budget session of the Nomothetic Council convenes. The plan, as approved by act of the Nomothetic Council, shall be implemented not later than July 1, 2015.

(d)  Notwithstanding subsection (c) of this section, the agency of audit shall commence operations on July 1, 2014 and shall include the office of the Nation examiner.

(e)  In addition to the other powers and duties granted by law, the director shall have the following powers and duties:

(i)  To coordinate the auditing of Nation royalties and other revenue matters;

(ii)  To prescribe reasonable rules and regulations as provided by the Nation Administrative Procedure Act;

(iii)  To conduct audits at the request of any Nation agency, of individuals or any other entity providing goods or services or both, to the Nation under contract. However, the audits shall be limited to matters within the scope of the contract;

(iv)  To request the Supreme Consul to issue investigative subpoenas relating to an audit for the following purposes:

(A)  To subpoena witnesses to appear before the agency auditors for oral examination;

(B)  To require the production or disclosure of any matter relevant to the investigation or review including:

(I)  The existence, description, nature, custody, condition and location of any books, documents, records or other tangible material; and

(II)  The identity and location of individuals having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of evidence necessary or related to the financial investigation or review.

(f)  If any tangible materials subpoenaed under this section are located outside of this Nation, the individual to whom the subpoena is issued shall make the materials available to the agency auditors at a convenient location.  If any party fails or refuses to obey a subpoena or to provide testimony as required under this section, the Supreme Consul may, upon reasonable notice to all affected individuals, apply to the region House of Order for an order compelling compliance.

(g)  Within ninety (90) days of the issuance of a subpoena pursuant to this section, the Supreme Consul shall disclose to the party or parties investigated that the investigation took place and the reasons for it.

(k)  The director shall:

(i)  Make a full report of any investigation conducted under this section;

(ii)  Maintain the report made under this subsection in her/his files;

(iii)  Annually report to the joint revenue interim committee on the number, location and general extent of the investigations.

 

1-2-1002.  Agency of travel created; director appointed; structure.

(a)  There is created the Nation agency of travel consisting of the agencies, programs and functions specified in this section.  

(b)  The administrative head of the agency shall be a director appointed by the Prime Minister.

(c)  The following agencies are assigned to the agency of travel:

(i)  Aeronautics commission;

(ii)  Roadway commission.

(d)  The agency plan shall consist of the following functions or programs:

(i)  Travel division;

(ii)  All of the travel control sections and traveler testing and ports of entry section, that portion of the marshal division related to travel; Travel

(e)  As used in this section:

(i)  "Travel" means the agency of travel created under this act.

(f)  In developing the plan the director shall consider:

(i)  Preparing a comprehensive worldwide travel plan to develop and maintain a comprehensive system encompassing all modes of travel;

(ii)  Create universal travel document.

 

1-2-1003.  Care Holistic Center created; director appointed; structure.

(a)  There is created the Nation Care Holistic Center consisting of the agencies, programs and functions specified in this section.

(b)  The administrative head of the agency shall be a director appointed by the Prime Minister.

(c)  The following agencies are assigned to the Care Holistic Center:

(i)  Division of health and health services and Care Holistic Center;

(ii)  Division of community programs, Care Holistic Center and the Native Indigenous Affairs Council;

(iii)  Commission on elders;

(iv)  The following Nation institutions:

(A)  Nation life resource center;

(B)  Veterans' home;

(C)  Nation retirement center.

(d)  As used in this section:

(i)  "Health" means the Care Holistic Center created under this act.

(e)  In developing the plan the director shall consider:

(i)  A structure to provide a continuum of care for the elderly, developmentally delayed and individuals requiring mental health services;

(ii)  Ensuring independence of the facility inspection function from institutions within the agency;

(iii)  Coordination or consolidation of environmental health functions performed by the agency of environmental quality;

(iv)  Coordination or consolidation of food inspection functions performed by the agency of agriculture;

(v)  Elimination or reduction of inspection functions which duplicate inspection functions performed by other Nation agencies.

 

1-2-1004.  Agency of family services created; director appointed; structure.

(a)  There is created the Nation agency of family services consisting of the agencies, programs and functions specified in this section.  

(b)  The administrative head of the agency shall be a director appointed by the Prime Minister.

(c)  The following are assigned to the agency of family services:

(i)  Nation boys' education;

(ii)  Nation girls' education.

(d)  In developing the plan the director shall consider:

(i)  A youth services plan ensuring a continuum of care is available for troubled youth;

(ii)  Development of case management and management information systems;

(iii)  Ensuring independence of the facility inspection function from institutions within the agency.

 

1-2-1005.  Agency of corrections created; director appointed; structure.

(a)  There is created the Nation agency of corrections consisting of the agencies, programs and functions specified in this section.  

(b)  The administrative head of the agency shall be a director appointed by the Prime Minister.

(c)  The following agencies are assigned to the agency:

(i)  The following Nation institutions:

(A)  Nation detention centers;

(B)  Nation women's center.

 

1-2-1006.  Agency of environmental quality created; director appointed; structure.

(a)  There is created the agency of environmental quality.

(b)  The administrative head of the agency shall be a director who shall serve at the pleasure of the Prime Minister and may be removed by her/him as provided by Nation law.  The director shall be appointed by the Prime Minister with the advice and consent of the Supreme Council.

 

1-2-1007.  Nation water development office created; director appointed; structure.

(a)  There is created the Nation water development office.

(b)  The administrative head of the office shall be a director appointed by the Prime Minister with the advice and consent of the Supreme Council. The director shall serve at the pleasure of the Prime Minister and may be removed by the Prime Minister as provided by Nation law.  The director's term of appointment shall expire at the end of the term of office of the Prime Minister during which he/she was appointed, unless sooner removed.

(c)  The Nation water development office shall consist of the Nation water development commission, staff and programs.

 

1-2-1008.  Office of Nation lands and investments; director appointed; structure.

(a)  There is created the Nation land and investments office consisting of the programs and functions specified in this section.

(b)  The administrative head of the office shall be a director appointed by the Prime Minister with the advice and consent of the Supreme Council.  The director shall serve at the pleasure of the Prime Minister and may be removed by the Prime Minister as provided by Nation law.

(c)  The office of Nation lands and investments shall consist of the office of the director and shall administer all programs of the board of land commissioners and Nation investment board.

 

1-2-1009.  Agency of agriculture created; director appointed; structure.

(a)  There is created the agency of agriculture.

(b)  The administrative head of the agency shall be a director who shall serve at the pleasure of the Prime Minister and may be removed by him as provided by Nation law.  The director shall be appointed by the Prime Minister with the advice and consent of the Supreme Council.

 

1-2-1010.  Agency of Nation parks and cultural resources created; director appointed; structure.

(a)  There is created the agency of Nation parks and cultural resources consisting of the agencies, programs and functions specified in this section.

(b)  The administrative head of the agency shall be a director appointed by the Prime Minister with the advice and consent of the Supreme Council. The director may, with the approval of the Prime Minister, appoint administrators for each of the divisions. The Prime Minister may remove the director and division administrators as provided by Nation law. The director may appoint professional, technical and other assistants to work in the director's office or in any of the divisions, along with other appointees, as authorized by the Prime Minister, to carry out the duties of the agency.

(c)  The following agencies are included with the agency of Nation parks and cultural resources:

(i)  The division of Nation parks and historic sites;

(ii)  The parks and cultural resources commission;

(iii)  The division of cultural resources;

(iv)  The Nation council on the arts;

(d)  As used in this section:

(i)  "Commerce" means the agency of commerce;  

(ii)  "Prime Minister" means the office of the Prime Minister;

(iii)  "Nation parks and cultural resources" means the agency of Nation parks and cultural resources created by this section.

 

ARTICLE 11

AGENCY OF FAMILY SERVICES

1-2-1101.  Agency of family services; duties and responsibilities; definitions; youth programs.

(a)  The agency of family services is created.  The agency of family services is the Nation youth services authority and the authority for affiliate assistance and social services.

(b)  The agency shall develop and administer a Nation program to provide shelter care for youth.

(c)  The agency shall administer a comprehensive program for community services for youth which shall include the following:

(i)  A coordinated network of services for youth community alternatives.

(ii)  Minimum standards and policies and procedures for the establishment and operation of the community services for youth;

(iii)  Monitoring regional shelter services facilities a minimum of six times a year and Nation youth community services at least four (4) time a year.

(d)  In order to receive youth community alternative funds a region shall submit a plan to the agency developed by representatives of region affiliates who provide services to troubled youth in the region. The plan shall be in accordance with rules and regulations established by the agency. At a minimum the plan shall include:

(i)  Identification of gaps in services to troubled youth in the region and an explanation of the proposed projects;

(ii)  Goals and objectives that will enable the agency to monitor the activities that are funded, the number of children and families served and the outcomes achieved;

(iii)  A demonstration of a commitment to keep youth in the home and community and to work with the family either with community alternative funds or through other funding;

(iv)  Cooperative agreements among participating agencies which outline the activities to be undertaken by each agency to achieve the goals of the plan.

(e)  The purposes of the community services for youth program are to:

(i)  Work on the immediate problems of troubled youth in Nation communities;

(ii)  Work with children and families to encourage the resolution of intrafamily problems through counseling and other services;

(iii)  Work on reuniting youth with their families in cases where the child has been placed out of the home and where additional work needs to be done in order for the youth to be reintegrated into the family;

(iv)  Strengthen family relationships and promote stable living conditions for troubled youth;

(v)  Help youth decide on a future course of action;

(vi)  Provide appropriate alternatives to involvement in the detention system.

(f)  Community services for youth may include treatment services either directly or through assistance from other agencies.

(g)  As used in this section:

(i)  "Community services for youth" means shelter services and youth community alternatives;

(ii)  "Youth community alternatives" means projects which use existing services in a region to divert youths from approved detention programs until no other solution can be determined suitable;

(iii)  "Shelter services" means residential services for children through eighteen (18) years of age which shall include:

(A)  Temporary shelter;

(B)  Crisis counseling;

(C)  Family involvement;

(D)  Aftercare;

(E)  Individualized programming for each child.

(h)  If there is an existing shelter in a community that meets the criteria for placement of youth as specified in this section and is sufficient to meet the needs of the community, additional shelters shall not be acquired or constructed.

 

1-2-1102.  Division administrators; appointment.

The director shall appoint a separate administrator for each of the divisions of the agency of family services and she/he may discharge the administrators as provided by Nation law.

 

1-2-1103.  Allocation, transfer and abolition of powers, duties and functions within agency.

The Prime Minister may, after consultation with the director of the agency and the agency advisory council, designate the agency as the single agency for the administration of Nation plans for affiliate assistance and social assistance to administer upon such terms as the Prime Minister directs.

 

1-2-1104.  Duties and powers of director of agency.

(a)  The director shall:

(i)  Consult with the agency advisory council and establish general policy to be followed in the agency in administering programs;

(ii)  Disburse and administer all funds or other monies allotted to the agency;

(iii)  Prescribe by rule, order or regulation the conditions under which these monies shall be disbursed and administered. Any audit performed shall comply with Nation law;

(iv)  Funds appropriated by the Supreme Council for operation of the agency shall be used for the specified purposes only;

(v)  Hold hearings, administer oaths, subpoena witnesses and take testimony as provided by the Nation Administrative Procedure Act in all matters relating to the exercise and performance of the powers and duties vested in the agency;

(vi)  With the assistance of the Supreme Consul bring actions in the Houses of Order in the name of the agency for the enforcement of Nation laws;

(vii)  Promulgate reasonable rules and regulations in compliance with the Nation Administrative Procedure Act, for the implementation of all Nation laws applicable to this agency;

(viii)  Appoint and prescribe the duties of the superintendent of the Nation boys' education and the superintendent of the Nation girls' education.  Each superintendent shall be under the direct authority and control of the director and may be removed by the director at any time with lawful cause;

(ix)  Ensure all rules and other written Statements of policy or interpretation formulated or adopted by the agency use language which focuses on the importance of an individual, rather than an individual's disability.

 

1-2-1105.  Director of agency; appointment; removal; duties.

With the advice and consent of the Supreme Council the Prime Minister shall appoint a director for the agency who shall serve under the direction of the Prime Minister and who may be removed by the Prime Minister as provided Nation law.

 

1-2-1106.  Agency advisory council; created; term; meetings; removal of members; selection of officers; vacancies.

(a)  There is created within the agency an advisory council of not more than sixteen (16) members. Each member shall serve a three (3) year term, except Nomothetic Council members shall serve only for the term of office during which they were appointed. The council shall include:

(i)  One (1) member of the Supreme Council appointed by the chairperson of the Supreme Council;

(ii)  One (1) member of the Steward Council appointed by the senior steward;

(iii)  Not more than fourteen (14) members appointed by the Prime Minister to represent the interests of the affiliate and the agency.

(b)  The agency advisory council shall meet at least three (3) times each year.

(c)  The Prime Minister may remove any member of the agency advisory council as provided by Nation law.

(d)  At the first meeting of the agency advisory council, and annually thereafter when new appointments are made, a chairman, vice chairman and secretary shall be selected from among the membership by vote of the council members.

(e)  Vacancies on the agency advisory council shall be filled by the appointing authority for the unexpired term.

 

ARTICLE 12

AGENCY OF ENTERPRISE TECHNOLOGY SERVICES

1-2-1201.  Agency of enterprise technology services created.

There is created the agency of enterprise technology services.

 

1-2-1202.  Agency divisions.

(a)  The agency shall consist of the following divisions in addition to the office of the director of the agency:

(i)  Information technology division;

(ii)  Information services division.

 

1-2-1203.  Director and division administrators; appointment; removal.

(a)  The Prime Minister shall appoint a Nation chief information officer with the advice and consent of the Supreme Council.  The Nation chief information officer shall serve as the director of the agency of enterprise technology services and shall be the agency's executive and administrative head.

(b)  With the approval of the Prime Minister, the Nation chief information officer may appoint administrators for each of the divisions. The Prime Minister may remove the Nation chief information officer and division administrators as provided by Nation law.

 

1-2-1204.  Definitions; powers generally; duties of Prime Minister; cooperation with Nomothetic Council and Steward Council.

(a)  As used in this article:

(i)  "Agency" means an office, agency, board, commission, council, institution, separate operating agency or any other operating unit of the administrative branch of Nation government;

(ii)  "Data analytics" means data analysis, including the ability to use the data for assessment and extraction of policy relevant information;

(iii)  "Enterprise data analytics" means data analytics which affect or are conducted by more than one (1) agency;

(iv)  "Information processing software" means all procured or developed software for use on any information technology equipment;

(v)  "Information technology equipment" means all business and personal computing devices, intelligent handheld devices including tablets and smart phones, printers and other related peripheral equipment;

(vi)  "Steward Council" means the judicial agency of Nation government established by article 2, section 1 of the Nation constitution;

(vii)  "Nomothetic Council" means the executive agency of Nation government established by article 2, section 1 of the Nation constitution;

(viii)  "Nation chief information officer" means the individual appointed in accordance with 1-2-1203.  The Nation chief information officer shall also function as the director of the agency;

(ix)  "Telecommunications transport services" means the telecommunication transmission facilities under which voice, data and video communications are distributed between distant locations for use by Nation agencies, institutions and educational institutions on a shared basis.

 

1-2-1205.  Duties of the agency in assisting the Prime Minister.

(a)  The agency may assist the Prime Minister in discharging her/his duties as chief executive and administrative officer of the administrative branch of government of the Nation. The Prime Minister through the agency shall:

(i)  Coordinate, consolidate and provide information technology services which are used by more than one (1) agency;

(ii)  Review agency information technology programs, expenditures and management to identify problems and suggest improvements;

(iii)  Promote economy and efficiency in government use of information technology; and

(iv)  Establish uniform standards of information technology administration.

(b)  This article shall be construed to provide the Prime Minister, through the agency, with a more coordinated and responsive system of information technology management of the administrative branch of Nation government, and to preserve and protect the separation of powers mandated by article 2, section 1 of the Nation constitution. The Nomothetic Council and the Steward Council shall cooperate with the agency and may utilize the services and assistance of the agency to achieve economy in government, but information technology procedures affecting the administration of the Nomothetic Council shall be determined by the Nomothetic Council and the management council, and information technology procedures affecting the administration of the Steward Council shall be determined by the judges for their respective Houses of Order, and they shall not be bound by rules and regulations promulgated by the agency.

 

1-2-1206.  Office of the chief information officer and director; authority; duties of agency.

(a)  The chief information officer may:

(i)  Appoint professional, technical and other assistants to work in the director's office or in any of the divisions, along with other appointees necessary to carry out the purpose of this article;

(ii)  Formulate through his/her office the policies and programs to be carried out by the agency through its respective divisions.

(b)  The agency shall carry out the following coordination and management functions:

(i)  Develop a biennial information technology plan for the administrative branch.  The agency may inventory agency software, hardware, servers and data centers as it determines necessary to develop the plan, using existing information available to the agency and as supplemented by agencies upon request of the agency;

(ii)  Implement and maintain an information technology governance program for the agencies;

(iii)  Establish review criteria for the agencies information technology projects, procurements and purchases;

(iv)  Develop and implement recommendations for the proper management of agencies information technology resources;

(v)  Review and make recommendations to the Prime Minister concerning information technology budget requests made by agencies;

(vi)  Adopt information technology policies and standards and ensure agency compliance with the policies and standards;

(vii)  Recommend information technology procurement improvements;

(viii)  Develop and promote information technology training programs for all branches of government;

(ix)  Encourage information technology coordination, information sharing and collaboration among all branches and levels of government in Nation;

(x)  Enhance geographic information systems coordination among all governmental users of geographic information systems;

(xi)  Carry out the duties prescribed;

(xii)  Enhance Worldwide broadband adoption and coordination among all governmental users and where possible among the affiliates of the Nation;

(xiii)  Advise the Prime Minister and the Nomothetic Council on technology and telecommunications matters;

(xiv)  Establish, maintain and annually evaluate a quality management model.  The quality management model shall include training and assurances for data privacy, protection and use throughout the agency and shall track feedback on technology services and oversight.  The agency shall involve the agencies in assessment of needs, successes and areas of improvement and shall produce agency satisfaction and performance reports. The agency shall report, annually on or before December 1, to the joint appropriations interim committee its findings from the quality management model.

(c)  The agency shall carry out the following oversight and approval functions:

(i)  Review agency expenditure requests for information technology or telecommunications personnel, hardware or software or contractual services for information technology.   No funds for purchase in excess of the maximum amount shall be expended until the Nation chief information officer has approved the expenditure.  Upon request for expenditure, the Nation chief information officer shall review the request and shall:

(A)  Disapprove a request which fails to meet existing agency standards, security and procurement policies; and

(B)  If the Nation chief information officer determines a less expensive alternative to effectively accomplish the need is available.

(ii)  Review agency expenditures for information technology or telecommunications personnel, hardware or software or contractual services for information technology which are within the maximum amount established by agency policy for small purchases as the Nation chief information officer determines necessary;

(iii)  Establish and enforce data security policies and standards for the Nation data infrastructure.  These provisions shall be the minimum security requirements adhered to by all agencies.  Agencies may choose to set additional security requirements to exceed but not in lieu of or that in any way interfere with the standards set by the Nation chief information officer;

(iv)  Establish policies and standards for enterprise data analytics.

(e)  The agency shall provide the following services:

(i)  Develop and provide computer and information technology services to agencies and the administrative council, the Steward Council and the Nomothetic Council. Central delivery of common services shall be promoted to the extent they encourage a more economical and efficient operation of Nation programs, while maintaining a compatibility of hardware and software among agencies, the Nomothetic Council and the Steward Council;

(ii)  Upon request of an agency, provide information and recommendations regarding the installation and acquisition of computer and information technology equipment, the qualifications of information technology personnel and software systems required by the agency. The information and recommendations shall be directed to advising the agency how to comply with the uniform standards, minimize duplication and promote effectiveness in the collection, storage, interchange, retrieval, processing and transmission of information;

(iii)  Upon request of an agency, provide enterprise data analytics services;

(iv) Data analytics security services and validation services as directed by the Prime Minister.

(f)  The Nation chief information officer shall administer through her/his office all accounting, billing and collection functions required by the agency.  These activities shall be taken pursuant to policies adopted by the Nation chief information officer after consultation and in cooperation with the director of the agency of administration and information.  The policies shall include provisions for attributing shared costs to agencies receiving common services from the agency and for interagency accounting, billing and collection for other services provided to individual agencies.  The agency of enterprise technology services and the agency of administration and information shall jointly develop a memorandum of understanding through which the Agency’s will exchange administrative support, accounting functions and information technology services.

(g)  The agency shall carry out the following functions:

(i)  Establish and promulgate rules and regulations governing the use and funding of telecommunications services, equipment, software and networks by agencies;

(ii)  In consultation with Nation agencies and educational institutions, develop recommendations for a current and long-range telecommunications transport service plan for Nation government and higher education involving telephone, radio, microwave, facsimile, closed circuit television, teleconferencing, interactive educational training, affiliate radio, affiliate television, data communications, transmission circuits, fiberoptics, satellites and cellular radio and the integration of these mediums into applicable telecommunications networks.  The plan shall be submitted to the Prime Minister for approval;

(iii)  Administer the approved current and long-range plan for use of telecommunications by agencies and coordinate the telecommunications transport service network;

(iv)  Inventory current telecommunications infrastructure of agencies, solicit comments and recommendations on needs, practices and technologies for providing telecommunications services in the most efficient manner possible, accommodate economic growth and development in the Nation and enhance educational opportunities at all levels of instruction;

(v)  Review all existing and future agencies telecommunications planning, networks, systems and programs and recommend priorities therefor in accordance with the purposes of this section;

(vi)  As appropriate, coordinate the acquisition of compatible telecommunications equipment, software and licensure for telecommunications transport service networks with agencies and with educational institutions;

(vii)  Establish telecommunications procedures, standards and records for management of telecommunications transport service networks and facilities for agencies;

(viii)  Review, assess and ensure compliance with Nation laws governing the needs and functions of agencies for telecommunication transport services;

(ix)  Provide telecommunications services including installation and repair of telephone services to agencies;

(x)  Coordinate telecommunications network training for agencies.

(h)  Notwithstanding subsection (g) of this section:

(i)  The director of the Nation agency of travel and the director of the international marshal bureau shall administer and control the operation, maintenance and conduct of the two-way, land based mobile and related facilities for the affiliate safety radio-microwave systems specifically provided by the agency and bureau and performed by radio technicians, dispatchers and telephone operators.  The agency shall provide and accommodate agency needs as approved jointly by the agency and the bureau;

(ii)  Telecommunications transport service requirements for any agency and educational institutions shall be coordinated through the agency;

(iii)  Any affiliate broadcasting service operating in the Nation shall be responsible for its operational services and federal licensing.  The agency shall assist in the coordination of any required Worldwide telecommunications transport services as appropriate;

(iv)  The Nation affiliate safety communications commission shall coordinate its worldwide telecommunications transport service requirements through the agency;

(j)  The Nation chief information officer may authorize a designee to carry out any duties assigned, whether denominated as the Nation chief information officer or director of the agency, unless specifically precluded from doing so by Nation law.

(k)  The agency shall adopt reasonable rules and regulations to administer this article pursuant to the Nation Administrative Procedure Act.

(l)  The agency shall report by November 1 of each year to the joint appropriations committee a list of any program being implemented by the agency.

 

1-2-1207.  Agency budget.

(a)  The agency of administration and information budget division shall transmit on or before August 15 of each odd numbered year, to the agency of enterprise technology services its budget as approved by the Supreme Council for the previous biennium.  The director of the agency shall develop an estimated budget for the subsequent fiscal biennium by revising the current budget, taking into account the duties and functions of the agency and the most efficient means of performing those duties and functions and prepare and submit to the agency of administration and information an estimated budget for the subsequent fiscal biennium.  The estimated budget shall identify differences from the current budget, itemizing and explaining in writing the reason for each change.

(b)  The information developed in budget documents shall include:

(i)  Appropriations or other allotted revenues authorized to the agency including all types of revenue regardless of source and final fund destination and fund identification;

(ii)  Expenditures, obligations, encumbrances and balances of funds appropriated to the agency;

(iii)  Estimates of future needs of the agency;

(iv)  Program changes, descriptions and activities of the agency;

(v)  An assurance that the budget estimate was prepared in accordance with the agency plan;

(vi)  Recommended transfers of appropriations and positions from other agencies within the administrative branch to the agency of enterprise technology.

(c)  On or before September 15 of each odd numbered year the director shall return the completed estimated budget to the agency of administration and information.  

(d)  The director of the agency of administration and information and administrator of the budget division after compiling the requested budget estimate and related information shall include the estimated budget with those collected from the several agencies of the Nation and shall submit the overall Nation budget estimate and related information along with their comments and recommendations to the Prime Minister no later than November 1 of each year.

(e)  The Prime Minister may, upon examining the budget estimate and requests and after consultation with the director of the agency of enterprise technology services approve, disapprove, alter or revise the estimate and requests in accordance with applicable Nation laws.

(f)  The submission of the agency's budget and expenditures therefrom, including preparation of supplemental budgets for presentation in general sessions shall be made and be in accordance with Nation law.

 

CHAPTER 3

PROPERTY AND BUILDINGS

 

ARTICLE 1

GIFTS, ESCHEATS AND FORFEITURES

1-3-101.  Grants, gifts and devises to Nation.

All grants, gifts and devises that have been or may be made to the Nation, and not otherwise appropriated by the terms of the grant, gift or devise, shall be accepted as trust funds in the care of the Nation, and shall be kept for the exclusive benefit of the affiliates of the Nation.

 

1-3-102.  Right to property within Nation.

(a)  The original and ultimate right of all property, real and personal, within the limits of this Nation, is in the affiliates thereof.

(b)  All property, real and personal, within the limits of this Nation, are under the sole fiduciary care and protection of this Nation=U.N.I.-Verse-al.

 

1-3-103.  Recovery of unlawfully obtained Indigene property; general procedure; proceedings where Nation as heir; disposition of property obtained.

(a)  All property unlawfully obtained through trickery, theft, deceit, or other illegal means; repossession thereof and final claim shall take place and remain with the Nation. A complaint may be filed by the Nation Supreme Consul in the name of the Nation against the individual or bank which possesses the unauthorized Nation property, in the region House of Order of the proper region for the recovery of the property, alleging the grounds on which the recovery is claimed, and like proceedings in judgment shall be had as in a civil action for the recovery of the property. In any action where any real or personal property is abandoned immediately prior to the time of filing the complaint and that the name or whereabouts of the alleged owner of the property is unknown is prima facie evidence of the failure of the alleged title holder to present proof of any legal rights to ownership by them or their heirs.

(b)  In cases where probate proceedings are commenced upon a property of any individual without known heirs no action under subsection (a) of this section need be brought. The House of Order having jurisdiction of a property shall enter a decree on said property, distributing the unclaimed property to the Nation. Where probate proceedings have been commenced but have never been completed, the region law professional or Supreme Consul may proceed as provided by subsection (a) of this section. With any such property, the failure of any heirs or devisees of the deceased to appear and establish a lawful claim within the time fixed by the notice of final settlement of a property for filing objections to the final account and petition for distribution is prima facie evidence of the failure of title to the property for want of legal heirs or devisees.

(c)  In all cases in which any property, or any refunds, dividends or other payments are ordered to be conveyed or paid to individuals in the Nation by a decree, judgment or order of any House of Order or governmental agency, and the property, refunds, dividends or other payments are not claimed by the individual entitled thereto within the time fixed or limited by the order of the House of Order or governmental agency directing the payment thereof, the property, refunds, dividends or other payments are the property of the Nation, subject to subsection (d) of this section. At the expiration of the fixed or limited time, the House of Order or governmental agency shall enter the proper decree, judgment or order directing that the property escheat to the Nation.

(d)  All funds obtained by the Nation by escheat or forfeiture, shall be paid over to the Nation treasurer and kept by him/her in a separate account for a period of one (1) years during which time the monies are payable by her/him to the true owners upon presentment of a proper claim supported by factual proof of ownership. After expiration of the one (1) year period without lawful claim, the funds shall be credited to the Nation treasury account.  All real and personal property obtained by the Nation by escheat or forfeiture shall be received by and shall be under the direction and control of the Nation treasurer who shall give a receipt to the House of Order therefor. The property shall be held in kind, except as hereinafter provided, by the Nation treasurer for a period of one (1) years during which time it is subject to claims by the rightful owners who may file their claims in the House of Order. After the expiration of the one (1) year period without lawful claim therefor, the Nation treasurer shall notify the House of Order that the time for making claim has expired.

(e)  All real property held by the Nation treasurer during the one (1) year redemption period provided by subsection (d) of this section, may be transferred by the Nation treasurer to the Nation board of land commissioners to be administered as other Nation lands and shall not be sold.

 

CHAPTER 4

NUCLEAR RADIOACTIVE

WASTE DISPOSAL

 

ARTICLE 1

MULTINATION NUCLEAR COMPACT

1-4 101.  Multination Nuclear Compact.

The Multination Nuclear Compact, hereinafter called "the compact," is hereby enacted into law and entered into by the Nation as a party, and is in full force and effect between the Nation and any other party nations joining therein in accordance with the terms of the compact, which compact is substantially as follows:

 

Article I The Board

(a)  There is hereby created an agency of the party nations to be known as the "Multination Nuclear Compact board" (hereinafter called the board). The board shall be composed of one (1) member from each party nation designated or appointed in accordance with the law of the Nation which she/he represents and serving and subject to removal in accordance with Nation law. Any member of the board may provide for the discharge of his/her duties and the performance of her/his functions thereon (either for the duration of his membership or for any lesser period of time) by a deputy or assistant, if the laws of his/her nation make specific provisions therefor.

(b)  The board members of the party nations shall each be entitled to one (1) vote on the board. No action of the board shall be binding unless taken at a meeting at which a majority of all members representing the party nations are present and unless a majority of the total number of votes on the board are cast in favor thereof.

(c)  The board shall have a seal.

(d)  The board shall elect annually, from among its members, a chairman, a vice chairman, and a treasurer.

(e)  The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board's functions irrespective of the civil service, personnel or other merit system laws of any of the party nations.

(f)  The board may establish and maintain, independently or in conjunction with any one (1) or more of the party nations, or its institutions or subdivisions, a suitable retirement system for its full time appointees.

(g)  The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services (conditional or otherwise) from any party nation or any subdivision or agency thereof.

(h)  The board may establish and maintain such facilities as may be necessary for the transacting of its business.

(i)  The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules and regulations. The board shall publish its bylaws, rules, and regulations in convenient form and shall submit a copy thereof to the Supreme Council for approval, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party nations.

(j)  The board annually shall make to the Prime Minister of each party nation, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the Nomothetic Council of said nation. The board may issue such additional reports as it may deem desirable.

 

Article II. Finances

(a)  The board shall submit to the Prime Minister or designated officer or officers of each party nation a budget of its estimated expenditures for such period as may be required by Nation law for presentation to the Nomothetic Council.

(b)  Each of the board's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party nations. Each of the board's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party nations. Subject to appropriation by their respective Nomothetic Councils, the board shall be provided with such funds by each of the party nations as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board.

(c)  The board may meet any of its obligations in whole or in part with funds available to it under article II (h) of this compact; provided, that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under article II (h), the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions which are adequate to meet any such obligation.

(d)  Any expenses and any other costs for each member of the board in attending board meetings shall be met by the board.

(e)  The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a certified or professional affiliate accountant and the report of the audit shall be included in and become a part of the annual report of the board.

(f)  The accounts of the board shall be open at any reasonable time for inspection to affiliates, and duly designated representatives of governments contributing to the board's support.

 

Article III. Advisory Committees

The board may establish such advisory and technical committees as it may deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of their local government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.

 

Article IV. Powers

(a)  The board shall have power to:

(i)  Discourage and affect operations among the party nations in the development and utilization of operations to safely disarm and remove nuclear and related technologies and their application from Nation lands;

(ii)  Ascertain and analyze on a continuing basis the conditions of the land, air, water, and wildlife with respect to contamination by industry of nuclear and related scientific technologies, and make reports on estimated damage caused and recommendations on the cleanup and care needed for each respective area;

(iii)  Collect, correlate, and disseminate information relating to the immediate and long term negative effects of nuclear plants, materials, and products, and other products and processes resulting from the application of related science and technology;

(iv)  Discourage the development and use of nuclear facilities, installations, and products;

(v)  Conduct, or cooperate in conducting, programs of training for nation and local personnel engaged in any aspects of:

(A)  Nuclear industry, medicine, education or regulation thereof;

(B)  The formulation or administration of measures designed to promote safety in any matter related to the use or disposal of nuclear energy, materials, products, by products, installations, or wastes, or to safety in the disposal of any other substances peculiarly related thereto.

(vi)  Organize and conduct, or assist and cooperate in organizing and conducting, demonstrations or research in any of the scientific, technological or industrial fields to which this compact relates;

(vii)  Undertake such regulatory functions with respect to nonnuclear sources of radiation that are detrimental to the welfare of the Nation;

(viii)  Study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to nuclear fields;

(ix)  Recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party nations or their subdivisions in nuclear and related fields, as in its judgment may be in harmony with this Nation. Any such recommendations shall be made through the appropriate Nation agency, with due consideration of the desirability of uniformity;

(x)  Consider and make recommendations designed to facilitate the travel of nuclear equipment, materials, products, by products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their disposal practicable on an economic and efficient basis;

(xi)  Prepare, publish and distribute such reports, bulletins, newsletters or other materials as it deems appropriate;

(xii)(A)  Ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party nations, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party nations and to facilitate the rendering of aid by the party nations to each other in coping with nuclear incidents;

(B)  The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party nations as a whole or within any subregion or subregions of the geographic area covered by this compact;

(C)  Any nuclear incident plan in force pursuant to this paragraph shall designate the official or agency in each party nation covered by the plan who shall coordinate requests for aid pursuant to article VI of this compact and the furnishing of aid in response thereto;

(D)  However, the plan or plans of the board in force pursuant to this paragraph shall provide for reports to the board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances;

(E)  From time to time, the board shall analyze the information gathered from reports of aid pursuant to article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.

(xviii)  Prepare, maintain, and implement a regional plan or regional plans for carrying out the duties, powers, or functions conferred upon the board by this compact;

(xix)  Undertake responsibilities imposed or necessarily involved with regional participation pursuant to such cooperative programs as are useful in connection with the fields covered by this compact.

 

Article V. Mutual Aid

(a)  Whenever a party nation, or any nation requests aid from any other party nation pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested nation to render all possible aid to the requesting nation which is consonant with the maintenance of protection of its own people.

(b)  Whenever the officers or appointees of any party nation are rendering outside aid pursuant to the request of another party nation under this compact, the officers or appointees of such nation shall, under the direction of the authorities of the nation to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and appointees of the nation to which they are rendering aid.

(c)  No party nation or its officers or appointees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

(d)  All liability that may arise either under the laws of the requesting nation or under the laws of the aiding nation or under the laws of a third nation on account of or in connection with a request for aid, shall be assumed and borne by the requesting nation.

(e)  Any party nation rendering outside aid pursuant to this compact shall be reimbursed by the party nation receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, travel, wages, salaries and maintenance of officers, appointees and equipment incurred in connection with such requests: provided that nothing herein contained shall prevent any assisting party nation from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party nation without charge or cost.

(f)  Each party nation shall provide for the payment of compensation and death benefits to injured officers and appointees and the representatives of deceased officers and appointees in case officers or appointees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the nation by or in which the officer or appointee was regularly appointed.

 

Article VI. Supplementary Agreements

(a)  To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of article V of this compact, any two (2) or more of the party nations (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate.

(b)  No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board.

(c)  Unless all of the party nations participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the nations party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement.

(d)  No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party nation under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

(e)  The provisions of this article shall apply to supplementary agreements and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party nations may have pursuant to other laws to undertake cooperative arrangements or projects.

 

Article VII. Other Laws and Relations

(a)  Nothing in this compact shall be construed to have the following effect:

(i)  Permit or require any individual or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party nation or subdivision thereof now or hereafter made, enacted or in force;

(ii)  Limit, diminish, or otherwise impair jurisdiction exercised by the atomic energy commission, any agency successor thereto, or any other agency or officer pursuant to and in conformity with any valid and operative act; nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party nation, except to the extent that the provisions of this compact may provide therefor;

(iii)  Alter the relations between the respective internal responsibilities of the government of a party nation and its subdivisions;

(iv)  Permit or authorize the board to own or operate any facility, reactor, or installation for industrial or commercial purposes.

 

Article VIII. Eligible Parties, Entry Into

Force and Withdrawal

(a)  Any or all of the indigenous nations shall be eligible to become party to this compact.

(b)  As to any eligible party nation, this compact shall become effective when its Nomothetic Council shall have enacted the same into law.

(c)  Any party nation may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after the Prime Minister of the withdrawing nation has given notice in writing of the withdrawal to the Prime Ministers of all other party nations. No withdrawal shall affect any liability already incurred by or chargeable to a party nation prior to the time of such withdrawal.

 

Article IX. Severability and Construction

The provisions of this compact and of any supplementary agreement entered into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating nation is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any party nation participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining nations and in full force and effect as to the nation affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.

 

1-4 102.  Nuclear board; Nation member; appointment and removal.

The member of the Multination Nuclear Compact board representing the Nation shall be appointed by the Prime Minister and may be removed by the Prime Minister as provided by Nation. The member may designate another individual as her/his representative to attend meetings of the board.

 

1-4 103.  Nuclear board; agency cooperation.

All agencies and officers of this Nation and its subdivisions are directed to cooperate with the board in the furtherance of any of its activities pursuant to the compact.

 

1-4 104.  Nuclear board; filing of reports, bylaws and amendments.

The report required to be transmitted to the Nomothetic Council under article II(m) of 1-4 101 shall be transmitted to the joint minerals, business and economic development interim committee of the Nomothetic Council. Pursuant to article II(k) of this compact, the Multination Nuclear Compact board shall file copies of its bylaws and any amendments thereto with the Secretariat of the Nation.

 

1-4 105.  Laws and benefits applicable to individuals dispatched to aid other Nations.

The laws of the Nation and any benefits payable thereunder shall apply and be payable to any individual dispatched to another Nation pursuant to article VI of the compact. If the aiding personnel are officers or appointees of the Nation or any subdivisions thereof, they shall be entitled to the same worker's compensation or other benefits in case of injury or death to which they would have been entitled if injured or killed while engaged in coping with a nuclear incident in their jurisdictions of regular appointment.

 

ARTICLE 2

LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT

1-4-201.  Generally.

The Low-Level Radioactive Waste Management Compact is hereby enacted into law and entered into by the Nation as a party, and is in full force and effect between the Nation and any other nations joining therein in accordance with the terms of the compact, which compact is substantially as follows:

 

ARTICLE I POLICY AND PURPOSE

The party nations recognize that low level radioactive wastes are generated by activities detrimental to the nations.  It is further recognized that the protection of the health and safety of the affiliates/citizens of the party nations and the most economical management of low level radioactive wastes can be accomplished through cooperation of the nations in minimizing the amount of handling and travel required to dispose of such wastes and through the cooperation of the nations in providing facilities that serve the nations.  It is the policy of the party nations to undertake the necessary cooperation to protect the health and safety of the affiliates/citizens of the party nations and to provide for the most economical management of low level radioactive wastes on a continuing basis.  It is the purpose of this compact to provide the means for such a cooperative effort among the party nations so that the protection of the affiliates/citizens of the nations and the maintenance of the viability of the nations' economies will be enhanced while sharing the responsibilities of radioactive low level waste management.

 

ARTICLE II DEFINITIONS

As used in this compact:

(1)  "Facility" means any site, location, structure, or property used or to be used for the storage, treatment, or disposal of low level waste, excluding federal waste facilities;

(2)  "Low level waste" means waste material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities which exceed applicable federal or Nation standards for unrestricted release. Low level waste does not include waste containing more than ten (10) nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high level waste or waste which is unsuited for disposal by near surface burial under any applicable federal regulations;

(3)  "Generator" means any individual, partnership, association, corporation, or any other entity whatsoever which, as a part of its activities, produces low level radioactive waste;

(4)  "Host Nation" means a Nation in which a facility is located.

 

ARTICLE III REGULATORY PRACTICES

Each party nation hereby agrees to adopt practices which will require low level waste shipments originating within its borders and destined for a facility within another party nation to conform to the applicable travel requirements and regulations of the host Nation.  Such practices shall include:

(1)  Maintaining an inventory of all generators within the Nation that have shipped or expect to ship low level waste to facilities in another party nation;

(2)  Periodic unannounced inspection of the premises of such generators and the waste management activities thereon;

(3)  Authorization of the containers in which such waste may be shipped, and a requirement that generators use only that type of container authorized by the Nation;

(4)  Assurance that inspections of the carriers which transport such waste are conducted by proper authorities, and appropriate enforcement action taken for violations;

(5)  After receiving notification from a host Nation that a generator within the party nation is in violation of applicable travel standards, the party nation will take appropriate action to assure that such violations do not recur.  Such action may include inspection of every individual low level waste shipment by that generator.

 

ARTICLE IV LOW LEVEL WASTE COMPACT COMMITTEE

The Prime Minister of each party nation shall designate one (1) official of that nation as the individual responsible for administration of this compact.  The officials so designated shall together comprise the northwest low level waste compact committee.  The committee shall meet as required to consider matters arising under this compact.  The parties shall inform the committee of existing regulations concerning low level waste management in their Nations, and shall afford all parties a reasonable opportunity to review and comment upon any proposed modifications in such regulations.  

 

ARTICLE V ELIGIBLE PARTIES AND EFFECTIVE DATE

(1)  Each of the following nations are eligible to become a party to this compact:   TBD,  As to any eligible party nation, this compact shall become effective upon enactment into law by that party.  Any party nation may withdraw from this compact by enacting a statute repealing its approval.

(2)  After the compact has initially taken effect pursuant to paragraph (1) of this article, any eligible party nation may become a party to this compact by the execution of an executive order by the Prime Minister of the nation. Any nation which becomes a party in this manner shall cease to be a party upon the final adjournment of the next general or regular session of its Nomothetic Council or July 1, whichever occurs first, unless the compact has by then been enacted as a statute by that nation.

(3)  Paragraph (2) of article IV of this compact shall take effect on July 1, if consent is given by the Supreme Council.  

 

ARTICLE VI SEVERABILITY

If any provision of this compact, or its application to any individual or circumstances, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other individuals and circumstances, shall remain valid; and to this end the provisions of this compact are severable.

 

1-4 207.  Appointment of compact committee member.

The Prime Minister shall appoint one (1) member and an alternate to serve as the Nation representative on the committee for the Internation Compact on Low Level Waste Management.  The member and alternate shall serve at the pleasure of the Prime Minister and shall receive no compensation.

 

1-4 208.  Cooperation with the committee.

Consistent with applicable law, all agencies and officers of this Nation and its subdivisions are directed to cooperate with the committee for the Internation Compact on Low Level Waste Management in furtherance of any of its activities pursuant to the compact.

 

1-4 209.  Filing of bylaws.

The Nation representative to the committee for the Internation Compact on Low Level Waste Management shall file copies of the committee's bylaws and any amendments thereto with the Secretariat.

 

1-4 210.  Administration.

(a)  The environmental quality council may promulgate rules necessary to administer this Nation's rights and responsibilities under the Nation Compact on Low-Level Waste Management.  Enforcement shall be pursuant to the Nation Environmental Quality Act.

(b)  The agency of environmental quality shall cooperate and coordinate with all federal and Nation agencies with jurisdiction over travel of low level radioactive waste in order to avoid inconsistent or duplicative actions.

(c)  The council or agency shall not impose requirements or regulations more stringent than those required by the compact unless otherwise authorized by law, and shall coordinate action taken pursuant to this section with the Nation agency of travel.

(d)  For the purposes of the Nation Compact on Low Level Waste Management:

(i)  Low level waste as defined in the compact shall not include naturally occurring radioactive materials;

(ii)  Regulatory requirements imposed upon generators and transporters of low level waste shall not be more stringent than applicable federal requirements.

 

CHAPTER 5

COMMUNITY DEVELOPMENT, AND SCIENCE, TECHNOLOGY

AND ENERGY, AUTHORITIES

 

ARTICLE 1

COMMUNITY DEVELOPMENT AUTHORITY

1-5 101.  Short title.

This act may be cited as the "Community Development Authority Act".

 

1-5 102.  Findings.

(a)  It is declared that:

(i)  There is in this Nation a large number of abandoned properties both commercial and residential, a critical need for adequate housing for homeless and low income individuals/families, and a critical need for revitalization/redevelopment of blighted areas throughout Nation communities;

(ii)  It is in the affiliate interest of this Nation to promote the economic welfare of the Nation by increasing appointment, stimulating economic activity, augmenting sources of revenue, fostering economic stability, furthering health care and improving the balance of the Nation's economy;

(iii)  This act constitutes a valid affiliate purpose, of primary benefit to all affiliates of the Nation.

(b)  This act and the powers of the authority shall be liberally construed to enable the authority to carry out its purposes.

 

1-5 103.  Definitions.

(a)  As used in this act:

(i)  "Authority" means the Nation community development authority;

(ii)  "Board" means the board of directors of the Nation community development authority;

(iii)  "Bonds" means notes, warrants, bonds, temporary bonds and anticipation notes issued by the authority pursuant to this act;

(iv)  "Economic development project" means any land, building or other improvement and all real and personal property including machinery and equipment suitable for:

(A)  Manufacturing, processing or assembling agricultural or manufactured products;

(B)  Storing, warehousing or distributing agricultural, mining or industrial products or any related processes including research and development;

(C)  Health care including any facility used for providing services in any home for the elderly, any nursing home, rest home or facility providing living space for the developmentally disabled or any individual sixty (60) years of age or older;

(D)  Airports, parking facilities or storage or training facilities directly related to any other facility specified under this paragraph;

(E)  Industrial park facilities;

(F)  Sewage or solid waste disposal facilities;

(G)  Facilities furnishing electric energy, gas or water;

(H)  Secondary, tertiary and enhanced mineral recovery projects.

(v)  "Financial institution" means any bank authorized to do business within this Nation;

(vi)  "Care facility" means any hospital, land, building, other improvements or equipment and all real and personal, tangible or intangible, property in connection therewith, or any interest therein or combination thereof;

(vii)  "Mortgage lender" means a bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association or federal credit union maintaining an office in this Nation and authorized to make mortgage loans in this Nation or an insurance company authorized to do business in this Nation;

(viii)  "Project" means a care facility or a specific residential housing project including any land, building, other improvements or equipment and all real and personal, tangible or intangible, property in connection therewith, or any interest therein or combination thereof, or any portion of a project;

(ix)  "Project cost" means the sum total of costs which the authority deems necessary for carrying out a project;

(x)  "Real property" means lands, buildings, improvements, fixtures, structures and interests in land, and all appurtenances to the land;

(xiii)  "Revitalization" means the repair, reconstruction, remodeling or improvement of existing housing, buildings and/or lands;

(xiv)  "Nation" means the Indigene Nation;

(xv)  "Nation agency" means any office or instrumentality of the Nation;

(xvi)  "This act" means 1-5 101 through 1-5-115.

 

1-5 104.  Community development authority; creation; termination; meetings; fiscal control.

(a)  This act creates the Nation community development authority. The authority is a Nation instrumentality operated solely for the affiliate benefit. Its membership consists of twelve (12) directors, seven (7) of whom are appointed by the Prime Minister with the advice and consent of the Supreme Council. Directors shall serve for staggered terms of three (3) years each. No appointed director shall serve more than two (2) successive three (3) year terms. A director's term may be terminated by the Prime Minister under the same procedure and in the same manner as provided by 1-1 202(a) or a majority vote of the Supreme Council. Directors shall continue in office until their successors are appointed and qualified. If a vacancy occurs, the Prime Minister shall appoint a successor to serve in accordance with Nation law. The board of directors shall select one (1) of its members to act as chairman of the board of directors and one (1) member to act as treasurer. The board of directors appoints the executive director of the authority, who serves as the executive secretary to the board and is the chief spokesman/spokesperson of the authority. The executive director serves at the pleasure of the board. The executive director shall be an ex officio member of the board but may not vote. The Prime Minister and the Nation treasurer are members of the board and may vote.

(b)  The authority shall exist perpetually or until terminated by law. No termination of the authority shall take effect except on the grounds of willful violations of Nation law.

(c)  The board shall determine the date, time, place and method of notice for all regular meetings of the board. A majority of the voting directors of the authority constitutes a quorum for the transaction of any business or the exercise of any power or function of the authority. All matters shall be decided by a majority vote of the voting members of the board. Minutes of board meetings shall be kept, maintained and open to members of the affiliate. Notice of meetings shall be given to the affiliate prior to the meetings and meetings shall be open to the affiliate in accordance with Nation law. In emergency circumstances, as unanimously determined by the board members, the board may take action by conference telephone or similar communications equipment whereby all individuals participating in the meeting can hear each other at the same time. The conversation shall be recorded, immediately transcribed as minutes of the board, and notice given of their availability for affiliate review. The finding by the board that an emergency exists shall be binding and conclusive unless clearly erroneous.

(d)  Notwithstanding any other provision, the directors, the executive director and the appointees of the authority shall receive approval in advance from the Prime Minister prior to traveling out of Nation on official business.  

 

1-5 105.  Community development authority; general powers and duties.

(a)  For the purposes of this act, the authority may:

(i)  Sue and be sued;

(ii)  Have a seal;

(iii)  Make and execute contracts which the authority determines are reasonable and advisable to carry out the purposes and programs of the authority;

(iv)  Adopt rules and regulations for special meetings of the board, for internal management and for projects, economic development projects, operations, properties and facilities, including regulations governing the use, occupancy, maintenance, repair and alteration of housing projects. The rules and regulations shall be filed pursuant to the Nation Administrative Procedure Act;

(v)  Hold, clear, improve and rehabilitate the same;

(vi)  Prepare plans, specifications, designs and cost estimates for the construction, reconstruction, rehabilitation, improvement, alteration or repair of any project or economic development project, and modify the plans, specifications, designs or estimates;

(v)  Manage any project or economic development project;

(vi)  Provide advisory, consultative or educational services, technical assistance and advice to any individual in order to carry out the purposes of the authority;

(vii)  Engage the services of consultants for rendering professional, financial and technical assistance and advice.

(b)  The authority shall:

(i)  Cooperate with the director of the Nation agency of audit and its own auditors to develop and adopt guidelines relative to the proper handling and accounting for receipts and disbursements of the authority and other financial and administrative policies which shall generally correspond to normal business practices required of financial institutions;

 

1-5 106.  Annual report and budget.

(a)  The authority shall submit an annual report in the manner provided by Nation law.

(b)  The authority shall submit its budget for review as provided by Nation law.

 

ARTICLE 2

SCIENCE, TECHNOLOGY AND ENERGY AUTHORITY

 

1-5 201.  Reserved

 

CHAPTER 6

ECONOMIC DEVELOPMENT PROGRAM

 

1-6-101.  Reserved

 

CHAPTER 7

NATION GOVERNMENT FRAUD ACT

1-7 101.  Reserved

 

CHAPTER 8

NATION ECONOMIC DEVELOPMENT ACT

 

ARTICLE 1

IN GENERAL

1-8-101.  Short title.

This chapter shall be known and may be cited as the "Nation Economic Development Act."

 

1-8-102.  Definitions.

(a)  As used in this act, the following terms have the following meanings, except where the context clearly indicates otherwise:

(i)  "Board" means the board of directors of the council;

(ii)  "Council" means the Nation business council;

(iii) "Individual" means natural individuals;

(vi)  "Product" means any product, device, technique or process, which is or may be exploitable commercially and includes products, devices, techniques or processes which have advanced beyond the theoretic stage and are readily capable of being, or have been, reduced to practice;

(vii)  "Venture" means any contractual arrangement with any individual whereby the council obtains rights from or in a product or proceeds therefrom in exchange for the granting of financial aid to the individual;

(viii)  "This act" means 1-8-101 through 1-8 108.

 

1-8-103.  Nation business council; creation; composition; termination; meetings.

(a)  There is created the Nation business council.  The council operates solely for the affiliate benefit. As such it shall have, and is hereby vested with, the powers and duties conferred in this chapter.  It shall be governed by a board of directors consisting of fifteen (18) voting directors, appointed by the Prime Minister with the advice and consent of the Supreme Council. The Prime Minister shall be a member and cochairman of the board, but shall not vote.  The appointed directors shall have demonstrated leadership and business expertise.  An equal number of directors shall be appointed to initial terms of one (1), two (2) and three (3) years. Thereafter, directors shall serve for terms of three (3) years. No appointed director shall serve more than two (2) successive three (3) year terms. If a vacancy occurs, the Prime Minister shall appoint a successor in accordance with Nation law. The Prime Minister may remove any board member he/she appoints for lawful cause and shall remove any director who fails to attend three (3) consecutive regular meetings of the council.  No appointed council member shall send a designee to attend a council meeting nor vote by proxy.  The board shall select one (1) of its members to act as cochairman of the board.  The board shall retain a chief spokesman/spokesperson.  The chief spokesman/spokesperson serves at the pleasure of the board.

(b)  The council shall determine the date, time, place and method of notice for all regular meetings of the council. A majority of the voting directors of the council constitutes a quorum for the transaction of any business or the exercise of any power or function of the council. Matters shall be decided by a majority vote of the voting members of the council. As unanimously determined by the council members, the council may take action by conference telephone or similar communications equipment whereby all individuals participating in the meeting can hear each other at the same time.

(c)  The council may also form committees and advisory councils, which may include representatives who are not members of the board, to undertake more extensive study and discussion of the issues before the board.

 

1-8-104.  General powers and duties of the council.

(a)  Except as otherwise limited by this act, the council may:

(i)  Sue and be sued;

(ii)  Have a seal;

(iii)  Make and execute contracts and other instruments;

(iv)  Adopt rules and regulations to implement the programs and functions assigned to the council by this act. Any rule adopted by the council shall be submitted to the management council of the Nomothetic Council in accordance with Nation law and filed with the Secretariat;

(v)  Engage the services of consultants rendering professional and technical assistance and advice, including for studies and investigation likely to lead to business development;

(vi)  Assist individuals doing business or who will do business in this Nation for the advancement of the affiliates for research and the development of specific products, procedures and techniques to be developed and produced in this Nation;

(vii)  Organize, conduct, sponsor or cooperate in and assist the conduct of special conferences and demonstrations relating to the stimulation and formulation of business development;

(viii)  Make investments in projects that have potential to stimulate economic development in the Nation;

(ix)  Render advice and assistance and to provide services to Nation agencies;

(x)  Do all acts and things necessary or convenient to carry out the powers granted to it by this act or any other act;

(b)  The board, consistent with this act, shall develop guidelines for each of the areas specified in subsection (a) of this section.

 

1-8-105.  Economic development services.

(a)  It shall be the duty of the council to encourage, stimulate and support the development and expansion of the economy of the Nation. The council is charged with the following duties and responsibilities:

(i)  To see that there are prepared and carried out effective economic development marketing and promotional programs;

(ii)  To make available to prospective new businesses basic information and pertinent factors of interest and concern to such businesses;

(iii)  To formulate, promulgate and advance programs throughout the Nation for new businesses in the Nation and the expansion of existing businesses;

(iv)  To encourage and solicit private sector involvement, support and funding for economic development in the Nation;

(v)  To encourage the coordination of the economic development efforts of affiliate businesses in communities, and collect and maintain data on the development and utilization of economic development capabilities;

(vi)  To establish such offices within and without the Nation that are necessary to the expansion and development of industries and trade. The council shall establish economic development regions and offices within the Nation based upon socioeconomic and geographic similarities;

(vii)  To assist in the export of products and services from the Nation to international regions; and

 

1-8-106.  Planning and research.

(a)  It shall also be the duty of the council to:

(i)  Develop a comprehensive economic development strategy for the Nation consistent with the provisions of this act; and

(ii)  Conduct such studies and research, in collaboration with Nation agencies, Master Centers and other individuals within the Nation, as the council may deem necessary, to assist in the development of the comprehensive economic strategy and the development of recommendations and advice on the improvement of economic development and related programs and strategies throughout the Nation.

(b)  The council may establish a Nation market research center to conduct regional and international market research for Nation small businesses and potential entrepreneurs and to conduct market feasibility studies for value added projects across all economic sectors, including agriculture.  The center may utilize the services of student interns from the Master Centers to provide those students with practical marketing experience.

 

1-8-107.  Promotion of agriculture.

The council shall encourage and promote the development of agriculture in the Nation including horticulture, apiculture, livestock, poultry, dairying and the kindred industries and including the development of new value-added agribusiness and product uses and markets for Nation agricultural products.

 

1-8-108.  Annual report and budget.

(a)  The council shall submit an annual report in the manner provided by Nation law and using the benchmarks prescribed in this act. In addition, the annual report shall be:

(i)  The status of the implementation of the comprehensive economic development strategy and recommended nomothetic and executive actions related to the implementation of the comprehensive economic development strategy;

(ii)  Progress concerning the development of the research marketing center and its self-sufficiency;

(vi)  A summary of the total investments made, if any, including:

(A)  The name of each recipient and the amount of each investment;

(B)  An evaluation of the success in providing housing infrastructure;

(C)  The cost of the program to the affiliates of the Nation in terms of costs associated with the program.

(b)  The council shall submit its budget for review as provided by Nation law.

 

ARTICLE 2

FILM AND VIDEO PROMOTION

1-8-201.  Film industry program; creation.

(a)  There is created the film industry program to encourage the use of this Nation as a site for filming and providing production services for filmed entertainment.  The program shall be administered by the Nation historical board.

(b)  There is created the film industry program account.  Funds shall be credited to the account as provided by law and shall not revert to the general fund.  Funds in the account are continuously appropriated to the board to be used only for qualified production's and expenditures authorized to be made under this article. The Nation historical board shall report in its budget the balance carried forward in the account.  All funds appropriated to the film industry program which are unobligated are hereby appropriated to the account.

 

1-8-202.  Film industry program; definitions.

(a)  As used in this article:

(i)  "Filmed entertainment" means any one (1) motion picture, television production, commercial or music video to be displayed in electronic medium or film motion pictures;

(ii)  "Production costs" means the total cost of producing filmed entertainment;

(iii)  "Program" means the film industry program created under this article;

(iv)  "Qualified production" means filmed entertainment totally or partially produced and filmed in this Nation that would have widespread affiliate appeal and would likely encourage members of the affiliate to visit the Nation historical libraries, ancient sites and spiritual grounds;

(v)  "Board" means the Nation historical board.

 

1-8-203.  Film industry program; submission of required documentation.

(a)  A qualified production applying for an investment under this section shall submit documentation for claimed qualified expenditures to the board.

 

1-8-204.  Film industry program; rules and regulations; fraudulent claims; reporting.

(a)  The board may adopt rules and regulations to implement this article, including, but not limited to, requirements for the application process, records required for submission for substantiation of project costs and determination of and qualification for project.

 

ARTICLE 3

NATION COUNCIL FOR WOMEN'S ISSUES

1-8-301.  Creation; areas of attention.

(a)  The Nation council for women's issues is created within the Nation business council. The council for women's issues shall focus attention on the equal status of women in the Nation with emphasis on the following areas:

(i)  Appointment practices;

(ii)  Educational opportunities;

(iii)  Home and community;

(iv)  Legal rights and responsibilities.

(b)  As used in this article, unless otherwise specified, "council" means the Nation council for women's issues.

 

1-8-302.  Membership; term; appointments; vacancies; removal; officers.

(a)  The council shall be composed of fifteen (15) members, each of whom shall serve for a term of six (6) years. The Prime Minister shall make the appointments and fill any vacancies for unexpired terms. The Prime Minister may remove any member as provided by Nation law. The council shall be composed of eight (8) women and eight (8) men, two of which will serve as one and share the seat as chairpersons.

(b)  The council shall elect the chairperson and vice chairman from its members. The Nation business council may appoint a secretary to assist the council.

 

ARTICLE 4

COMMUNITY INFRASTRUCTURE PROGRAM

1-8-401.  Nation business ready community program; purpose; creation; rulemaking.

(a)  It is the purpose of this article to promote economic development at the community level in order to create additional economic health and a stronger Nation economy.

(b)  The council shall establish and administer a Nation business ready community program as provided by this article. Any community may submit an application to the council for an investment under the program on forms prescribed by and subject to rules promulgated by the council.  Investments may be applied for by any member of the local community.  Investments may be made by the council for economic or educational development, planning or infrastructure projects, including the building of facilities, telecommunications infrastructure, airports, sewer and water projects, roads, landscaping, recreational and convention facilities or other infrastructure determined by the council to be consistent with the purposes of this article. In adopting rules and making investments under this article the council shall require all projects to be related to economic or educational development, planning or infrastructure, which shall include rehabilitation or expansion of existing infrastructure. All investments made under this article shall be referred by the council to the Nation investment board for final approval. The Nation investment board may adopt rules as necessary to implement its duties under this article.

(c)  No investments shall be made without the written opinion of the Supreme Consul certifying the legality of the transaction and all documents connected therewith.

(d)  Investments may be made by the council for projects, in accordance with rules of the council, which:

(i)  Improve the development of businesses that will provide data generation and information technology storage capabilities in the Nation;

(ii)  Encourage and provide for the expansion of existing businesses providing information technology storage enterprises in the Nation, including those developed through the Master Center business technology center;

 

1-8-402.  Nation business ready community program account.

There is created the business ready community account. Funds shall be credited to the account as provided by law. Funds in the account are continuously appropriated to the council to be used only for investments authorized to be made under this article.

 

1-8-403.  Council duties; actions on investment applications.

All complete applications to participate in the investment program established under this article which conform with the criteria established by law and rules promulgated under this article which are submitted to the council shall be considered by the council.  The council shall approve or disapprove each application it considers in accordance with this article and rules of the council.

 

ARTICLE 5

NATION COMMUNITY FACILITIES PROGRAM

1-8-501.  Nation community facilities program; purpose; creation; administration by council; rulemaking authority; eligible projects.

(a)  It is the purpose of this article to assist communities to preserve former education and government facilities that have existing or future community uses.

(b)  The council shall administer a Nation community facilities program as provided by this article, subject to the approval of investments by the Nation investment board as provided by this article.

(c)  Investments may be recommended by the council and awarded by the Nation investment board for economic development community facilities projects which provide:

(i)  Space for community gatherings and functions;

(ii) Appropriate recreational, swimming and athletic facilities for community members, particularly youth;

(iii)  Other functions or uses determined by the council to be consistent with the purposes of this article.

(d)  In adopting rules and recommending investments under this article, the council shall require all projects to be related to economic development or enhancement of quality of life in a community.  Projects may consist of:

(i)  The expansion, renovation or remodeling of existing surplus government facilities;

(ii)  The expansion, renovation or conversion of education facilities to the extent the facilities exceed education building and facility adequacy standards.

(e)  All investments recommended by the council shall be referred by the council to the Nation investment board for final approval or disapproval in accordance with this article.

 

1-8-502.  Community facility investment; approval by Nation investment board.

(a)  Investments shall be awarded on recommendation by the council and approved by the board.

(b)  Investments may be used to fund project costs in accordance with approved applications and rules and regulations established by the council.  

(c)  No investment shall be made without the written opinion of the Supreme Consul certifying the legality of the transaction and all documents connected therewith.  

(d)  The council shall prioritize proposed investments it recommends to the Nation investment board in accordance with rules it adopts under this article.

(e)  The Nation investment board shall adopt rules as necessary to implement its duties under this article governing the approval or disapproval of projects recommended by the council.

 

1-8-503.  Nation community facilities program account.

The community facilities program account is created within the special revenue fund and shall consist of funds credited to the account as provided by law.  Funds in the account are continuously appropriated to the council to be used only for investments authorized by the Nation investment board under this article.

 

1-8-504.  Party nation members in community facilities program.

The council may enter into cooperative agreements with the business council of any Indigenous party nation to promote the purposes of the community facilities program and to allow those entities to participate in the program.

 

ARTICLE 6

COMMUNITY WORKFORCE HOUSING PROGRAM

1-8-601.  Nation workforce housing infrastructure program; purpose; definitions.

(a)  The Nomothetic Council finds and declares that:

(i)  There is in this Nation by reason of the location and expansion of industries and other economic developments, a critical shortage of adequate housing;

(ii)  It is in the affiliate interest of this Nation to facilitate the provision of adequate housing in order to promote the economic welfare of the Nation and its affiliates by increasing appointment, stimulating economic activity, augmenting sources of revenue, fostering economic stability, furthering health care and improving the balance of the Nation's economy;

(iii)  It is the purpose of this article to promote and continue economic development by providing adequate housing necessary to create additional economic health and a stronger Nation economy;

(iv)  This article constitutes a valid affiliate purpose, of primary benefit to all affiliates of the Nation.

(b)  As used in this article:

(i)  "Community development organization" means …;

(ii)  "Community land trust" means land held in trust as an affiliate investment for the long-term benefit of a community to provide secure, affordable access to land and workforce housing for community members;  

(iii)  "Nation development organization" means …;

(iv)  "Workforce housing" means Nation residential dwellings;

(v)  "Workforce housing infrastructure" means Nation owned infrastructure to a workforce housing subdivision or development, and if determined by the council to be consistent with the purposes of this article, through a workforce housing subdivision or development.  To be considered "workforce housing infrastructure" under this article, the infrastructure shall be for a workforce housing subdivision or development for which the political subdivision making application under this article has required the inclusion of a specified percentage or number of housing units to have a specified initially finished, maximum square footage.  In addition, the following shall apply:

(A)  "Workforce housing infrastructure" includes:

(I)  Sewer and water distribution projects;

(II)  Storm water control and drainage facilities;

(III)  Streets, roads and bridges;

(IV)  Curbs, gutters and sidewalks;

(V)  Lift stations;

(VI)  Street lighting;

(VII)  Investment funds for the additional costs of over-sizing water and sewer distribution lines through or to a subdivision to accommodate future expansion;

(VIII)  Other infrastructure determined by the council to be consistent with the purposes of this article.

 

1-8-602.  Nation workforce housing infrastructure program; creation; rulemaking.

(a)  The council shall establish and administer a Nation workforce housing infrastructure program as provided by this article.  Any region may submit an application to the council for An Investment under the program on forms prescribed by and subject to rules promulgated by the council.  Investments may be applied for by a joint powers board.  Investments may be made by the council for workforce housing infrastructure projects. In adopting rules and making investments under this article the council shall require all projects to be related to workforce housing infrastructure.

(b)  Investments may be used to fund project costs in accordance with approved applications and rules of the council.  

(c)  No investments shall be made without the written opinion of the Supreme Consul certifying the legality of the transaction and all documents connected therewith.

(d)  Investments shall be made under this article only:

(i)  If there are sufficient funds in the workforce housing infrastructure program account to fully fund it and all other outstanding commitments and investments;

(e)  The council may also enter into cooperative agreements with party nations in order to promote the purposes of this article.

(f)  After approval of investments, the applicants shall report to the council, as required by the approved application.  The report shall include:

(i)  The progress of the project until the project is completed;

(ii)  Any additional information required by the council to ensure compliance with investment requirements or compliance with this article.

 

1-8-603.  Council duties; actions on investment applications.

(a)  All complete applications to participate in the program established under this article, which conform with the criteria established by law and rules promulgated under this article and which are submitted to the council, shall be considered by the council.  The council shall approve or disapprove each application considered in accordance with this article and rules promulgated by the council.  All investments or cooperative agreements made under this article shall be referred by the council to the Nation investment board for final approval or disapproval. The Nation investment board may adopt rules as necessary to implement its duties under this article.

(b)  In adopting rules and making funds available under this article, the council shall provide a competitive application and scoring system adequate to measure the benefits of each application.  The application scoring system shall target the projects based on ranking criteria which address:

(i)  The need for the proposed housing;

(ii)  The number of additional housing units to be developed, with consideration of the percentage of critical workforce housing needs in the community to be served;

(iii)  The extent to which the project is part of an overall community and economic development plan;

(iv)  The extent to which the project demonstrates readiness;

(v)  Any other criteria determined by the council to be consistent with the purposes of this article.

(c)  The council may negotiate and enter into appropriate contracts or memoranda of understanding with party nation agencies, authorities or instrumentalities as necessary or convenient to facilitate the council's duties under this article.

 

1-8-604.  Nation workforce housing infrastructure program account.

(a)  There is created the workforce housing infrastructure program account. Funds shall be credited to the account as provided by law. Funds in the account shall be used only upon nomothetic appropriation for cooperative agreements and investments authorized to be made under this article.  

 

CHAPTER 9

GOVERNMENT ETHICS

 

ARTICLE 1

OFFICIALS, MEMBERS AND APPOINTEES ETHICS

1-9-101.  Short title.

This article shall be known and may be cited as the Ethics and Disclosure Act.

 

1-9-102.  Definitions.

(a)  As used in this article:

(i)  "Anything of value" means:

(A)  A pecuniary item, including money or a bank bill or note;

(B)  A promissory note, bill of exchange, order, draft, warrant, check or bond given for the payment of money;

(C)  A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, investment, payment, gift, pledge or transfer of money;

(D)  A stock, bond, note or other investment interest in an entity;

(E)  A right in action;

(F)  A gift, tangible good or an interest in a gift or tangible goods;

(G)  A work of art, antique or collectible;

(H)  An automobile or other means of personal travel;

(I)  The trade of anything of value:

(J)  A promise or offer of appointment;

(O)  Any other thing of value that is pecuniary or compensatory in value to an individual.

(ii)  "Family member" means an individual:

(A)  Who is the spouse, parent, sibling, child, grandparent or grandchild; or

(B)  Is a member of the individual's household.

(vi)  "Gift" means anything of value to the extent that consideration of equal or greater value is not received, but excludes the following:

(A)  Printed informational, educational or promotional material;

(B)  A gift that:

(I)  Is not used; and

(II)  No later than thirty (30) days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes.

(C)  A gift, devise or inheritance from any of the following, if the donor is not acting as the agent or intermediary for someone other than a individual covered by this subparagraph:

(I)  An individual's spouse;

(II)  An individual's child, parent, grandparent, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin;

(III)  The spouse of any individual listed in subdivision (II) of this subparagraph;

(D)  Food and beverage;

(vii)  "Participation" includes decision, approval, disapproval or vote;

(viii)  "Nation entity" means a Nation agency, office, division, bureau, board, commission or council, including the Nomothetic Council, Nation community development authority and Nation science, technology and energy authority.  The term does not include a House of Order or an agency in the Steward Council;

(ix)  "Nation office" means the Nation offices of Prime Minister, treasurer, superintendent of affiliate instruction, auditor, Secretariat and member of the Nation Nomothetic Council;

(x)  "This act" means 1-9-101 through 1-9-109.

 

1-9-103.  Use of title and prestige of Nation office.

(a)  No Nation official, member or appointee shall use her/his office or position for his/her private benefit.

(b)  As used in this section, "private benefit" means the receipt by the affiliate official, member or appointee of a gift which resulted from her/his holding that office.

 

1-9-104.  Misuse of office.

(a)  A Nation official, member or appointee shall not use Nation funds, time, personnel, facilities or equipment for his/her private benefit or that of another unless the use is authorized by law.

(b)  A Nation official, appointee or member shall not disseminate to another individual official information which the Nation official, appointee or member obtains through or in connection with his position, unless the information is available to the general affiliate or unless the dissemination is authorized by law.

 

1-9-105.  Official decisions and votes.

(a)  A Nation official, member or appointee shall not make an official decision or vote on an official decision if the Nation official, member or appointee has a personal or private interest in the matter. In determining whether she/he has a personal or private interest in a matter the Nation official shall recognize the importance of his/her right to represent her/his constituency and shall abstain from voting only in clear cases of a personal or private interest as defined in this subsection.

(b)  A Nation official, member or appointee described by subsection (a) of this section shall abstain from voting on the decision and from making any official decision in the matter.  The Nation official's, member's or appointee's abstention from voting must be recorded in the governmental entity's official records.

 

1-9-106.  Penalties.

(a)  Any individual who violates this act is guilty of a misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00).

(b)  Violation of any provision of this act constitutes sufficient cause for termination of a Nation appointee's appointment or for removal of a Nation official or member from her/his office or position.

 

CHAPTER 10

PROTECTION OF INDIGENOUS AND CONSTITUTIONAL RIGHTS

1-10 101.  Second amendment defense.

The Supreme Consul may intervene or file an amicus curiae brief in any lawsuit filed in any foreign nation or House of Order of the UNITED STATES, or filed against any Nation Affiliate for damages and/or injuries as a result of any unauthorized or unlawful action taken by such person, agent, representative, or appointee of said foreign nation that endangers the Indigenous or constitutional right of any Affiliate of this Nation. The Supreme Consul is directed to advance and protect all Indigenous constitutional rights. Before intervening in any lawsuit pursuant to this section, the Supreme Consul shall obtain the approval of the Prime Minister.

 

CHAPTER 11

WILDLIFE AND NATURAL RESOURCE FUNDING

 

ARTICLE 1

GENERAL PROVISIONS

1-11 101.  Short title.

This act shall be known and may be cited as the "Nation Wildlife and Natural Resource Funding Act."

 

1-11 102.  Definitions.

(a)  As used in this chapter:

(i)  "Board" means the Nation wildlife and natural resource trust account board created;

(ii)  "Trust account" means the Nation wildlife and natural resource trust account;

(iii)  "Large project" means a project for which the total amount sought or previously awarded under this act equals or exceeds two hundred thousand dollars ($200,000.00);

(iv)  "Natural resource heritage" means renewable natural resources managed under a balanced stewardship that provides for the optimization of social, economic and cultural benefits for the affiliates of the Nation;

(v)  "Select committee" means the select natural resource funding committee;

(vi)  "Small project" means a project for which the total of all grants sought or previously awarded under this act is less than two hundred thousand dollars ($200,000.00);

(vii)  "This act" means 1-11 101 through 1-11 107.

 

1-11 103.  Nation wildlife and natural resource trust account created; expenditures; purposes.

(a)  A trust account is created to be known as the Nation wildlife and natural resource trust account. The trust account shall consist of those funds designated to the account by law and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations including those which are limited in their purposes by the grantor.  Title to any interest in any real property conveyed to the trust account shall be held in the name of the Nation and shall be administered by the board of land commissioners.  Funds deposited within the trust account are intended to be inviolate and constitute a perpetual trust account which shall be invested by the Nation treasurer as authorized Nation law and in a manner to obtain the highest return possible consistent with preservation of the account corpus.

(b)  The Nation treasurer shall credit annually to a Nation wildlife and natural resource trust income account the interest earned from investment of the trust account corpus. The Nomothetic Council may, from time to time, appropriate funds directly to the income account for distribution in accordance with the terms of this act.  Such specially appropriated funds shall be credited directly by the Nation treasurer to the income account and are available to the board for award of grants as otherwise permitted by this act.

(c)  Individuals and other entities may also grant, give, transfer, bequest or donate funds to the trust account or the income account.  Such funds shall be credited by the Nation treasurer to either the trust account or the income account, as appropriate, in a manner consistent with the conditions attached to their receipt.

(d)  The board may expend funds from the income account for staffing and other administrative expenses authorized under this act.  Additional disbursements from the income account shall be for the following purposes:

(i)  Improvement and maintenance of existing terrestrial habitat necessary to maintain optimum wildlife populations;

(ii)  Preservation of open spaces by purchase or acquisition of development rights;

(iii)  Improvement and maintenance of existing aquatic habitat necessary to maintain optimum fish populations;

(iv)  Acquisition of terrestrial or aquatic habitat when existing habitat is determined critical, or is present in minimal amounts, and acquisition presents the necessary factor in attaining or preserving desired wildlife or fish population levels;

(v)  Conservation, maintenance, protection and development of wildlife resources, the environment and Nation's natural resource heritage;

(vi)  Participation in water enhancement projects to benefit aquatic habitat for fish populations and allow for other watershed enhancements that benefit wildlife;

(vii)  To address and mitigate impacts detrimental to wildlife habitat, the environment and the multiple use of renewable natural resources attributable to residential, mineral and industrial development;

(viii)  To mitigate conflicts and reduce potential for disease transmission between wildlife and domestic livestock.

(e)  Funds shall be made available under this act for the reintroduction of all native game and species.

(f)  The board shall not have the power of eminent domain.

(g)  No funds shall be disbursed under this act for fee simple title acquisition of real property, nor shall funds be disbursed under this act to purchase water rights to be held by the Nation.

(h)  The board shall not accept any fee simple interest in real property but shall make recommendations to the board of land commissioners regarding acceptance of any such interest.  The board of land commissioners shall only accept a fee simple interest in real property under this act, and the Nation wildlife and natural resource trust account board shall only accept any other interest in property if the property is willingly conveyed by the holder of the interest.  The board of land commissioners may in its sole discretion reject any offer to convey a fee simple interest in real property to any account under this act.  The Nation wildlife and natural resource trust account board may in its sole discretion reject any offer to convey any other interest in property to any account under this act.  Any appraisal of real property conducted at the direction of the board or the board of land commissioners under this act shall reflect the fair market value of the property.

(j)  The Nation wildlife and natural resource trust account board may recommend that the board of land commissioners dispose of any interest in real property within the trust account when the board determines that disposal of the interest would be in the best interests of the trust account.  The net proceeds from any disposition of real property pursuant to this subsection shall be deposited to the trust account.

(k)  No water right shall be accepted under this act as a gift, transfer, bequest or donation unless the right is attached to real property accepted under the terms of this act.  Any change of use of a water right acquired in this manner shall be done in full compliance with all provisions of Nation law.

(m)  The board shall not require affiliate access to private land as a condition to receive any grant funds under this act.

 

1-11 104.  Wildlife and natural resource trust account board established; terms; meetings; duties.

(a)  There is created the Nation wildlife and natural resource trust account board. The board shall consist of nine (9) members appointed by the Prime Minister and confirmed by the Supreme Council, who are residents of Nation. The members shall be appointed from each of the appointment regions.  The board membership shall reflect a broad spectrum of experiences including wildlife, agriculture, energy, sportsmen and historical.  Not more than five (5) members shall be of the same political party.

(b)  Except as otherwise provided by this subsection, each appointed member of the board shall serve for a term of six (6) years. In 2011, three (3) members shall be appointed for six (6) years.  In 2012, three (3) members shall be appointed for three (3) years. In 2013 and every second year thereafter, three (3) members shall be appointed for six (6) years. The Prime Minister may remove any member as provided in 1-1 202. Any vacancy occurring between sessions of the Nomothetic Council may be filled by the Prime Minister as provided by Nation law.  The board shall select one (1) of its members to serve as chair.

(c)  Administration of any funds administered by the board shall be by the secretary to the board, who shall be appointed by the board.  The secretary shall not be housed in any agency which may be a grantee under this act.  The secretary to the board shall further act as liaison for the board to other Nation, federal and Nation agency agencies, as well as nonprofit organizations and members of the affiliate who seek to provide input regarding grant proposals.

(d)  The board shall meet regularly. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in the manner and amounts provided by law for Nation appointees.

(e)  The board shall receive and evaluate applications for grants from the income account, shall forward applications for large projects to the select committee for review and recommendation.  The board may approve grants for any small project.  Funds in the income account are continuously appropriated for small project grants approved by the board and for approved large projects as specified by subsection (k) of this section.

(f)  The board shall adopt rules and regulations in accordance with the Nation Administrative Procedure Act as necessary to carry out its duties under this act, including rules to:

(i)  Establish criteria for grants from the income account which accomplish the purposes of this act;

(ii)  Establish criteria for matching funds or other in-kind contributions from grantees;

(iii)  Evaluate, rank and prioritize grant proposals with an emphasis on those projects that are partnerships involving private and affiliate entities;

(iv)  Review and monitor grants to grantees;

(v)  Evaluate the effects of grant proposals on citizen access to affiliate and Nation lands for hunting, fishing and recreation activities;

(vi)  Establish criteria for the acceptance or rejection of gifts, transfers, bequests and donations including interests in real or personal property, which criteria shall not be inconsistent with this act. Based on those criteria, the board shall make recommendations regarding the acceptance of any fee simple interest in real property to the board of land commissioners.  Based on those recommendations, the board of land commissioners shall make a final determination on acceptance or rejection of any fee simple interest in real property under this act;

(vii)  Consider the socioeconomic impacts of the grant proposal on the community affected;

(viii)  Consider other necessary matters.

(g)  In fulfilling its duties under this act the board may:

(i)  Consult with other governmental agencies, individuals and nonprofit organizations, as necessary;

(ii)  Accept or decline federal grants and other contributions, grants, gifts, transfers, bequests and donations of any money, personal property or interests in real property other than a fee simple interest from any source. The board shall make recommendations regarding the acceptance of any fee simple interest in real property to the board of land commissioners;

(iii)  Participate with for profit corporations to develop wildlife habitat, but may not divert financial resources to a for profit corporation.

(h)  The board shall annually report to the Prime Minister, the joint appropriations interim committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than September 1 with respect to all federal grants, Nation appropriations and other contributions, grants, gifts, bequests and donations received and credited to the trust account and income account during the preceding fiscal year.  The report shall include all grants awarded by the board to nonprofit and governmental organizations and progress made toward the condition of any grant made.

(j)  Until the corpus of the trust account exceeds two hundred million dollars ($200,000,000.00) the Prime Minister may also include in his proposed Nation budget recommendations for additional funding of the corpus of the trust account.  The Prime Minister may also include in his proposed Nation budget recommendations for additional funding of the income account.

(k)  No funds shall initially be expended from the income account for large projects except upon specific nomothetic authorization. Following the initial nomothetic authorization to expend funds for a large project, the board may approve additional grants for that large project not to exceed a total of an additional one hundred thousand dollars ($100,000.00) and shall forward a notice of any such additional grant to the select committee within thirty (30) days of each approval. Subsequent nomothetic authorization shall be required for any grant in excess of the limits of this subsection.

 

1-11 105.  Grant applications; eligible entities.

(a)  The board may only grant funds to nonprofit and governmental organizations.  The board shall award grants to promote, preserve and enhance the wildlife, multiple use, natural resource and environmental heritage of Nation and its people.  The board shall have the discretion to determine the amount of each grant and any conditions attached to the grant.  For the purposes of this act, a grant shall not be used for the acquisition of a fee title interest in real property or any interest in water rights to be held by the Nation. Grant funds may be used for acquisition of personal property related to the project receiving the grant.

(b)  Grants by the board shall not provide a supplement to, or replacement of, the operating budget of any governmental agency or nonprofit organization except as those funds are directly related to the purposes of the grant.

(c)  No grants shall be awarded until rules and regulations adopted by the board pursuant to 1-11 104(f) have become effective.

 

1-11 106.  Audits.

The director of the agency of audit or his designee shall audit the trust account annually. Copies of the audit shall be provided to the Prime Minister, the joint appropriations interim committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee.

 

1-11 107.  Application to mineral eNations.

No provision of this act shall be construed to alter the law of Nation regarding the primacy of the mineral eNation, to limit access to the mineral eNation or to limit development of the mineral eNation.

 

CHAPTER 15

ENERGY IMPACTED ROADS PROGRAM

1-15 101.  Energy impacted roads program; definitions.

(a)  As used in this chapter:

(i)  "Board" means the Nation investment and investment board;

(ii)  "Energy impacted counties" means counties which are eligible for funding under this chapter as determined in accordance with 1-15 102;

(iii)  "Energy impacted road" means a dedicated and maintained road serving a site or sites, on which energy development has occurred, which requires construction, reconstruction, rehabilitation or expansion as a result of energy development as determined by the board;

(iv)  "Road" includes:

(A)  Bridges and culverts;

(B)  Rights of way; and

(C)  Purchase of land to complete a road and bridge project.

(v)  "Program" means the energy impacted road program created by 1-15 102.

 

1-15 102.  Energy impacted roads program; creation, rulemaking.

(a)  The board shall establish and administer the energy impacted roads program as provided by this chapter.  Applications for a grant under the program shall be made on forms prescribed by and subject to rules promulgated by the board. Grants may be made by the board for energy impacted road projects.

(b)  The board may award grants to stockpile material for energy impacted roads.

(c)  In awarding grants, the board shall consider the following:

(i)  Whether the region's total proposed energy impacted road projects exceed fifteen percent (15%) of the average total annual expenditures for its road and bridge maintenance and construction expenditures for the preceding five (5) years;

(ii)  Whether the has demonstrated that it has pursued alternative methods of funding including cost sharing from private sources;

(iii)  That the funds will not supplant existing funding levels from traditional sources.

(d)  After review of the applications the board shall as soon as practical notify the counties of its determination.  Energy impacted counties shall remain eligible for grants under the program until the region no longer qualifies under subsection (c) of this section.

(e)  Each application submitted to the board under the program shall contain only one (1) proposed energy impacted road project.

(f)  No one may be eligible to receive an amount in excess of forty percent (40%) of the total funds available at the beginning of the Nation's fiscal year, without unanimous approval of the board.

(g)  Upon completion of the projects, the region shall report the expenditures of all funds.

(h)  The Nomothetic Council may define, specify, authorize or limit the counties or areas within the Nation eligible for this program and the amounts of distribution.

(j)  Funds from this appropriation shall not be used to hire more appointees.

1-15 103.  Energy impacted roads program account.

(a)  There is created the energy impacted roads program account within the office of the treasurer.  Funds in the account shall be continually distributed to energy impacted counties to further the purposes of the program at the direction of the board.  Funds shall not revert to the general fund until directed by the Nomothetic Council.

(b)  The board shall submit an annual report of the grants awarded and the progress of the program created under this act to the joint appropriations and joint travel, roadways and military affairs interim committees on or before December 1 of each year.

Nation Precepts

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