Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 Bush Innovation Grant Update 8.16.16 Introduction When the OSRWSS or Mini Wiconi was proposed Tribal officials stated that individual tribal members would not have to pay for water since it is a treaty obligation. The Bureau of Reclamation will provide funds for Maintenance of any piece considered part of the Mni Wiconi System but they are worried about sufficient appropriations. They are also worried about long term replacement. We are in the process of clarifying Transfer Options and procedures. The BOR currently has a price tag of between $15 million to $20 million to do Community Upgrades to community water systems before they can be transferred to BOR for free maintenance under OSTDWM&C. The alternative is to pay a maintenance fee. OST Water and Sewer operates the major sewer systems on the Reservation but is expected to run like a business even though it collects less than half of the revenue it needs. It also has not reviewed its rate schedule in years. OST Solid Waste can get funds from grants for equipment and upgrades but there are no governmental funds for continued operations. Again OST Solid Waste must operate as a semi-business. Oglala Sioux Lakota Housing is the biggest client of all the entities so it is in the interest of OSLH to work with OSRWSS and the OST to develop the organization. In the spring and summer 2013 there were discussions of a needed entity in meeting organized by Pope Means, Director of OSRWSS during meetings on the OST Water Comprehensive Plan. Oglala Sioux (Lakota) Housing was involved as the main client and it was suggested that Solid Waste and Wastewater be involved as 3 major systems of tribal infrastructure. The OST Utilities Commission was contacted and said they were working mainly with electricity and telecommunications. A discussion draft on the OST Water, Wastewater and Solid Waste Commission as the entity was called. was sent out to stakeholders on 12/4/13 and two meetings were held (1/3/14 and 1/31/14) with OST programs, Tribal Council members, OSLH, and federal agencies. This led to the submission of the Bush Innovation Grant by Oglala Sioux (Lakota) Housing which was funded in 8/14. The proposal was intended to do research and get public input to develop alternative ways of funding and administering the operation, maintenance, replacement, upgrade and expansion of water, wastewater and solid waste infrastructure to the Oglala Sioux Tribal Council. Severe problems were uncovered in terms of operations and funding of wastewater and solid waste. There was also the need to deal with water once the Mni Wiconi project ended and to follow up on the intent of the law that the entire water system on the Pine Ridge Indian Reservation would be upgraded and transferred to the Bureau of Reclamation in trust for the Oglala Sioux Tribe and that BOR would provide maintenance, operation and replacement funding. We looked at a Tribal Holding Company, a Chartered Organization similar to OSLH, or a special tribal program with special powers and organization. After review the Holding Company model did not appear to be the right type of organization. We are in the process of having ordinances developed for a charter and a special program so the Council can make a decision or come up with alternative suggestions. The key needs for the entity are 1. A good CEO 2. Powers to manage their revenues and expenditures as separate accounts for Water, Wastewater and Solid Waste 3. Power to bill and collect bills from the Tribe, its programs, other entities and individuals with collection 1 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 procedures using the Tribal court 4. Power to hire and fire personnel to assure efficient operation. Proposal After discussions with a number or Tribal officials and research into what other Tribes and local governments do we are proposing this as a discussion draft. Legal Entity We propose the Oglala Sioux Tribal Council pass an Ordinance setting up the OST Water, Wastewater and Solid Waste Commission. The alternatives are as follows: 1. Set up as Tribal Holding Company (Tribal Corporation or LLC developed by Tracey Zephier). Ms. Zephier said that this does not make sense for the Commission as these are usually government entities involved in regulation as well as operation. 2. Set up as a Chartered Organization similar to the OST Utilities Commission Ordinance 09-11. Ordinance 09-11 for the Utilities Commission does not mention water as such but in the Code water is mentioned and stated as Reserved-See Rural Water. 3. Set up the Commission as somewhere between a Tribal program and a charter with a Board of Commissioners appointed by the Tribal President and approved by the Council and with power to manage funds and personnel. We have contacted Rosebud Water and Sewer, Mni Waste (Eagle Butte) Water and Sewer, and have explored tribal, state and municipal programs on the Internet. We obtained Articles and Bylaws from Mni Waste in Eagle Butte. They are currently a state corporation but are going under a Tribal Charter. Tom also obtained the Holding Company (Corporation and LLC drafts from Tracey Zephier). Stanley Littlewhiteman said the Tribe is proceeding cautiously on new charters, etc. since they have one more year and they will clean up their audits and deal with old issues such as Cangleska, etc. to get off high risk. This will open up opportunities. Tony Wounded Head said to check Article 4, Section T on tribal enterprises. Someone also brought up getting copies of the Gaming Commission/Prairie Winds Casino articles and bylaws to see how they operate. The key needs are 1. A good CEO for the Commission 2. Powers of the Commission to manage their revenues and expenditures as separate accounts for Water ,Wastewater and Solid Waste 3. Power to bill and collect bills from the Tribe, its programs, other entities and individuals with collection procedures using the Tribal court 4. Power to hire and fire personnel to assure efficient operation. The Commission would have 3-5 members appointed by the Tribal President for staggered 4 year terms. Hopefully these would be Tribal members with a mix of accounting, administrative, financial, engineering and other knowledge. The Commission would have the powers of collecting funds, spending funds, hiring personnel and managing the three areas. It would be required to submit quarterly performance reports to the OST President and fiscal reports to the OST Treasurer. These reports would be available to the Standing Committees as appropriate. The organization could be: OST Department of Public Works OST Executive Committee /President OST EBD Committee or Special Appointed Commission OSTWWSW CEO 2 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity Business Manager/Human Resources Director of Water Director of Wastewater 7/13/17 Planning & Development Director of Solid Waste OST Chartered Organization OSTWWSW Commission OSTWWSW CEO Business Manager/Human Resources Planning & Development Director of Water Director of Wastewater Director of Solid Waste Revenue would be through billing organizations and individuals. Billings would be separate for Water, Sewer and Solid Waste. No individual would be billed for water. The Tribe, OSLH, Schools, BIA, IHS, etc. would be billed at fair rates and businesses would be billed by usage. Water systems would either be transferred to the Mni Wiconi System and then maintained by BOR funds. Other systems would pay a maintenance fee to the Water Department. Rates would be set based on a study of what is fair and customary. The only entities billed by meter would be private businesses and livestock producers. Sewer would bill organizations and individuals a maintenance fee. A rate study would be done to see what is fair and customary. The same would be done for Solid Waste. The Ordinance setting up the Commission would have to assure the autonomy of the organization and specify its right to collect bills from Tribal programs. It should also specify that Tribe and Tribal Court would back payroll deductions, civil actions ,etc. to assure payment. The bulk of revenue for all three departments would come from agencies and programs. One key issue beside operation and maintenance is replacement costs especially for water and sewer infrastructure. The departments could possibly build up reserves but probably not enough for major replacements. The Mni Wiconi System itself should be fine for a number of years but the Reservation Lagoon system and the communities including OSLH clusters have an upgrade estimate from $14,000,000 to $21,000,000 at this time. USDA, BOR, BIA, BIE, HUD, and EPA have agreements and are meeting to look into these needs. OSRWSS is putting together a proposal USDA Rural Development Water and Waste Disposal Program to upgrade the Wounded Knee Community Water System and OSLH is doing one to USDA to upgrade the Wounded Knee Lagoon. Indian Health Service provides about $500,000 a year through its STARS system for water and sewer upgrade or new infrastructure but cannot do HUD developed facilities. The Tribe sets priorities for these funds and can get more funds if it provides other funds. A number of projects OSRWSS have tapped into this resource. EPA has also been used. Organization Name: Oglala Sioux (Lakota) Housing (OSLH) 8/1/14 to 9/30/16 Request ID: 30056 Makoce Na Mni Waste (Good Earth and Water) $170,247 Bush Community Innovation Process Identify need Increase collective understanding of the issue. Generate ideas. Test and implement solutions for community innovation that is a breakthrough in addressing a community need that is more effective, equitable or sustainable than existing approaches. Values: inclusive collaborative resourceful 3 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 Key Activities Conduct research on other tribal and municipal systems. Did preliminary research on Eagle Butte, Rosebud, and Sisseton. Gathered information from Cheyenne River Reservation. Gathered information from Sisseton-Wahpeton Reservation. Got contacts for Winnebago Nebraska. Data collected since 11.12.15 OST Dept of Transportation: Long Range Transportation Plan OST Rural Water: M-M engineering firm willing to share Record Drawings and shape files/have map of OSRWSS Core Line and WTP Fiber optic System IHS willing to share paper, electronic of rural water lines Hold a series of stakeholder focus groups. Developed RFP and worked on getting contract to do stakeholder focus groups. Contracted with Thunder Valley CDC to do stakeholder groups. Sent update to main stakeholders on 7.16.16 Hold education and planning sessions with the Tribal Council, Housing and other Boards and administrators. 8/14 Did public Announcement and Press Release 11/15 Provided Information to OST Tech Team Meeting 12/14 SD Rural Water Sustainable Management of Rural and Small Systems Training/Rural and Small Systems Guidebook to Sustainable Utility Management (Vince Martin, Doyle Pipe on Head, Bob Pille, Tom Allen) 12/14 Bush Kickoff Participants: Bill Hillman, OST Water and Sewer; Willard Clifford, OSDWMC; Rich Kammerzell, OSDWC; Vince Martin, OSLH; Doyle PipeOnHead, OSLH; Denny Davis, SDRWA; Sharice Davids, TVCDC; Robert Pille, OST Solid Waste; RJ Inskeep, MAP; Rilda Hill, OST Water and Sewer. ( notes sent to: Pope Means, Raine Little, Dale Young, Nick Tilsen, TVCDC, Mason Big Crow, OST Treasurer.) 11/15 Collaboration meeting in Kyle with all stakeholders including EBD Committee Chair and Coordinator. 11/14 Presented Bush Innovation Grant, community upgrades and Housing Plan to Tech Team 4/15Meeting with TVCDC discuss overview and proposal 4/13 4/15Meeting with OST Water & Sewer, OST Solid Waste and IHS representative 4/15 Meeting with OST Executive Director on approval to work with OST directors 4/15 Meeting with OST DWM&C with Willard Clifford discussed transfers & workflow. 6/15 Meeting @ Mni Wiconi Rural Water- Kyle with Frank Means discuss commission 7.15 Meeting Leslie Mesteth, OSLH; Doyle Pipe On Head, OSLH; Vince Martin, OSLH; Ernie Little, OSLH; Pope Means, OSRWSS; Willard Clifford, OSDWM; Liz Welch, TVCDC; Alana Cannon, USDA. to review Bush grant, programs, overall infrastructure and promise zone 8/15 Meeting @ OSLH board meeting update. Meeting @ Thunder Valley, joint EB&D /HHS committee meeting. Kathleen Ferguson form the White House Domestic Council, Alanna Cannon & Tim Potts from the USDA got an update from Thunder Valley to the council. 4 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 Meeting @ Spearfish OSLH report to the HHS committee. Gave them update on the BUSH grant Meeting @ OSLH, OST presidents planning committee meeting. 11/16/15 Makoce Na Mni Waste (Good Earth and Water) Collaboration Meeting 7/15 met with USDA Promise Zone rep Alana Cannon 7/15 Meeting with OST Solid Waste Director on services and funding information 7/15 Meeting OST President Planning Commission 9/15 Meeting OST Solid Waste with resigning director 9/15 Meeting w/Executive Director, need to get directive for the email address for the District Cap office so we can correspond w/ every district. 9/15 Meeting @ OSLH department head meeting to go over the FEMA plan. Second meeting to discuss strategy. 9/15 Meeting @ Rural Water O&M- Chuck Jacobs, the new Director trying to work out our collaboration. 9/15 Had a board meeting today to discuss the FEMA project. They made a motion to go forth and accept the FEMA contracts on Monday. Then had an employee appreciation dinner in recognition for the Maintenance crews completing the Cherry Hill project 10/15 OSRWSS Federal Consultation in Rapid City which include represeentatives of all tribal stakeholders. 11/15 Makoce Na Mni Waste (Good Earth and Water Collaboration Meeting Participants Beau White OST Utilities 605-867-5600 [email protected] Jake Little OST EPD Coordinator 605-454-4990 [email protected] Liz Welch Thunder Valley CDC 605-455-2700 [email protected] Leslie Mesteth OSLH-Bush 605-939-6801 [email protected] James Cross OST Tribal Council 605-454-4633 [email protected] Bluch FireThunder OST Transportation 605-867-5376 [email protected] Chuck Jacobs OST DWM&C 605-867-1999 [email protected] Willard Clifford OST DWM&C 605-455-1367 [email protected] Dr. John Glover NEE/BHSU 605-580-0941 [email protected] Rick Swain OST Solid Waste 605-867-1464 [email protected] Martyna White Hawk OST Solid Waste 605-867-1464 [email protected] Frank Means OSRWSS 605-455-2767 [email protected] Bill Hillman OST W&S 605-867-5804 [email protected] tom allen mitom,inc. 605-641-4433 [email protected] Meeting began at 9:15 AM. Prayer done by Beau White. Introductions were done by each person. John Glover, Legal Consultant, introduced himself and what he sees himself doing. Leslie Mesteth presented the goals of the project Set up an efficient and effective water, wastewater and solid waste management systems under a new type of management entity for operations, maintenance, upgrade and new infrastructure, planning and development. The group went through the Activities and Objectives 12/9/15 Infrastructure Meeting 9AM-4PM @ Prairie Winds. Coordinated by Beau White, OST Utilities Commission Director, OST Executive Director, Oglala Sioux Lakota Housing “We need to create a map of some or some sort of legend for all the underground pipelines that include water and sewer.” Darrell Brown Bull, OST Executive Director 5 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 Contacts for Infrastructure Leslie Mesteth – [email protected] , OSLH Bush Innovation Grant , Makoce Na Mni Waste Project; Tom Allen – [email protected] , Grant Writer; Denise Mesteth [email protected] , OST Land Office Director; Dylan Brave – [email protected] , OST Land Office GPS/GIS Technician; Darrell “Tiger” Brown Bull [email protected] , OST Executive Dir ; Jake Little - [email protected] , OST EB&D Committee Coordinator; James Cross – [email protected] , OST EB&D Committee Chair; Frank Means - [email protected] , OSRWSS Director; Craig Nowak - [email protected] , Professional Engineer OSRWWS ; Nick Kohut - [email protected] , CADD Technician OSRWWS; Chuck Jacobs - [email protected] , [email protected] , OSTDWM&C Willard Clifford - [email protected] , OSTDWM&C; Dave Kelly [email protected] , OST DOT Director; Bluch Fire Thunder – [email protected] , OST DOT Rick Swain – [email protected] , OSTSW; Kenneth Keith - [email protected] , BIA Facility Manager; Bill Hillman - [email protected] , Water and Sewer; James Begeman - [email protected] , Professional Engineer IHS Hopa Haas - [email protected] , Facility Manager; Chic Big Crow – [email protected] , Owner SABBGC; Liz Welch – [email protected] , TVCDC Director of Advancement; Jennifer Irving - [email protected] , TVCDC ; Alana Cannon – [email protected] , Area Specialist USDA; John Henry Glover – [email protected] . NEE/BHSU; Norman Thideman [email protected] , FEMA?; Jesse Rozelle - [email protected] , FEMA ?; Delbert Brewer - ? Dennis Davis [email protected] , SDRWA 1-3/16 Meetings with OST/PZ Infrastructure group and OST Planning Committee 4/13/16 Meeting of Tribal/Federal Infrastructure Group in Rapid City, SD Participants Beau White OST Utilities 605-867-5600 [email protected] Jake Little OST EPD Coordinator 605-454-4990 [email protected] Liz Welch Thunder Valley CDC 605-455-2700 [email protected] Leslie Mesteth OSLH-Bush 605-939-6801 [email protected] James Cross OST Tribal Council 605-454-4633 [email protected] Bluch Fire Thunder OST Transportation 605-867-5376 [email protected] Chuck Jacobs OST DWM&C 605-867-1999 [email protected] Willard Clifford OST DWM&C 605-455-1367 [email protected] Dr. John Glover NEE/BHSU 605-580-0941 [email protected] Rick Swain OST Solid Waste 605-867-1464 [email protected] Martyna White Hawk OST Solid Waste 605-867-1464 [email protected] Frank Means OSRWSS 605-455-2767 [email protected] Bill Hillman OST W&S 605-867-5804 [email protected] tom allen mitom,inc. 605-641-4433 [email protected] Develop a website to house the information. Worked on getting bids and signing a contract to develop website. Contract approved for Cuny Communications in 7/15. Put OSLH and Bush website up on 4/22/16. Put update on web site on 8/16/16 See oslh.org. 6 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 Research all possible funding sources for operations, replacement expansion revenue including user fees, maintenance fees, bonds, federal funding, etc. Began a rate study of similar areas to estimate income. Researched and developed a system to submit proposals to USDA Water and Waste Program Native Set-Aside grants. Implemented USDA W&W Set-aside grant of $999,000 for Wounded Knee Lagoon upgrade by MOA with Indian Health Service. Submitted request to USDA W&W set-aside for $436,676 increase to complete and expand Wounded Knee Lagoon. Implemented USDA SEARCH grant of $30,000 to do Pre-engineering Report for Red Shirt Lagoon upgrade. Assisted Oglala Sioux Tribe obtaining funds from the Bureau of Reclamation Native American Affairs funds to do Preengineering Reports for USDA W&W grants. (total $364,908 for 8 communities). Pass a Tribal Ordinance legally setting up the Commission to oversee water, sewer and solid waste using an appropriate organizational structure. Developed request for bids for legal consultant to do Ordinance. Worked on draft Ordinance and by-laws. Contracted with Salish attorney and BHSU professor, Dr. John Glover, to do legal work. Obtained and sent copy of OST Utilities Commission Ordinance and Code 09-11. Gather accurate demographic, land, environmental, engineering information to base a plan on. Held Infrastructure meeting on 12/9/15 with all tribal and other programs involved with infrastructure on mapping of underground system. Develop a comprehensive plan for all three areas including operations, maintenance, replacement and expansion. Had OSLH representatives and OST Directors of OST Water Maintenance and Conservation, OST Water and Sewer and OST Solid Waste attend SD Rural Water Association planning training on 12/9/14. 12/10/14 Held Bush Kickoff with the following: Bill Hillman, OST Water and Sewer; Willard Clifford, OSDWMC; Rich Kammerzell, OSDWC; Vince Martin, OSLH; Doyle PipeOnHead, OSLH; Denny Davis, SDRWA; Sharice Davids, TVCDC; Robert Pille, OST Solid Waste; RJ Inskeep, MAP; Rilda Hill, OST Water and Sewer. ( notes sent to: Pope Means, Raine Little, Dale Young, Nick Tilsen, TVCDC, Mason Big Crow, OST Treasurer.) Defined key needs: OST Water &Sewer Payment of bills and collection enforcement. EPA requirements. Plan for standard operating procedures for maintenance, replacement and upgrade. Look at the environment and the impacts of individual septic, community septic, lagoon, developmental wetlands, etc. Solid Waste Definite need for a records repository. Collection enforcement. 7 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 Assistance with compliance requirements. Well thought out plans for things like recycling, etc. Code enforcement. Public support. OSTDWM&C Central data base and records repository; Place to refer people for water and sewer issues. Code enforcement. Plan so that if water maintenance is given to them that there will be adequate revenues from BOR and billings Housing Wants to be customer and not be in the water, sewer or solid waste business. Consistent services. Be able to get all possible funding and assistance from government. Development of water and sewer infrastructure. Records repository. TVCDC Central repository, Enforcement, Ability to plan for the future. Standard operating procedures, One stop shop for entity wanting to build or develop. Records Repository We discussed the need for a central repository for records, site surveys, as -builts, system descriptions, manuals, warranties, land descriptions, etc. We all agreed to contact Dale Young and have further discussions. OST Water &Sewer Payment of bills and collection enforcement. EPA requirements. Plan for standard operating procedures for maintenance, replacement and upgrade. Look at the environment and the impacts of individual septic, community septic, lagoon, developmental wetlands, etc. Solid Waste Definite need for a records repository. Collection enforcement. Assistance with compliance requirements. Well thought out plans for things like recycling, etc. Code enforcement. Public support. OSTDWM&C Central data base and records repository; Place to refer people for water and sewer issues. Code enforcement. Plan so that if water maintenance is given to them that there will be adequate revenues from BOR and billings Housing Wants to be customer and not be in the water, sewer or solid waste business. Consistent services. Be able to get all possible funding and assistance from government. Development of water and sewer infrastructure. Records repository. TVCDC Central repository, Enforcement, Ability to plan for the future. Standard operating procedures, One stop shop for entity wanting to build or develop. Records Repository We discussed the need for a central repository for records, site surveys, as -builts, system descriptions, manuals, warranties, land descriptions, etc. We all agreed to contact Dale Young and have further discussions. Collaborate with Federal agencies to develop and implement the systems from the Tribally sovereign point of view. Assisted with submission of Promise Zone application and the Oglala Sioux Tribe was chosen as a Presidential Promise Zone in 5/15. Coordinated with Oglala Sioux Rural Water Supply System (OSRWSS) and (OSTWM&C) and BOR on transfer of water systems in trust to provide funding for operations, maintenance and replacement. Used Porcupine Butte and Pine Ridge South as test cases. Had BOR develop a checklist. Assisted OST application for Imminent Threat funds to assist with FEMA disaster recovery placement of 200 trailers and renovation of 120 houses. 6/15 HUD doing site visit @ OSLH got to talk to the representative and present the Bush project. 7/15 met with USDA Promise Zone rep Alana Cannon 8 Makoce Na Mni Waste (Good Earth and Water) (Bush Innovation Grant) Update on OST Water, Wastewater and Solid Waste Entity 7/13/17 9/15 Meeting @ Justice Center in Pine Ridge, Regional EDA Director and other USDA officials here to discuss way to help the Pine Ridge Reservation W/ the promise Zone designation. 10/15 OSRWSS Federal Consultation in Rapid City which included representatives from SD congressional delegation, BIA, IHS, USDA, HUD, BOR, NRCS, etc. 1-8/16 Meetings with OST/PZ Infrastructure group and OST Planning Committee 4/13/16 Meeting of Tribal/Federal Infrastructure Group in Rapid City, SD Project Outcomes A tribal Ordinance setting up the Water, Sewer and Solid Waste Commission entity as either a tribally chartered organization or special tribal program or some other appropriate vehicle A tribal Ordinance setting up environmental guidelines and practices. A CASE statement with demographics, system data and needs. A Comprehensive Plan which includes operations, upgrades, and expansion of all three systems. An annotated list of funding vehicles and resources. A journal and documentation of the innovative and inclusive planning and implementation process used. A web site with resources that could be useful to other tribes and groups. An ongoing collaborative process to keep Reservation entities working together on operations, maintenance and development. A web site and Facebook page where all the relevant information on water, wastewater and solid waste will be available for users. Outcomes Promise Zone Designation OSLH upgrade of Wounded Knee Lagoon OSLH upgrade of Red Shirt Lagoon Integrated Infrastructure and Land Use Project Team Housing, Roads, Water, Wastewater, Solid Waste, Broadband OST Planning Office 7 Years for 7 Generations Community Water System Upgrade Process to transfer all Community Water Systems to BOR in trust Federal and Tribal Collaboration groups FEMA Recovery Mission: roads, housing, and capacity; and will be transitioning long term recovery efforts to the Promise Zone. Oyate Omniciye Plan. Gathering road data GPS system Housing building 45 low rent units connected to OSRWSS and using mostly drain fields 9
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