HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 1 – ESTABLISHMENT ACTS

SECTION 20 – DEPARTMENT OF NATURAL RESOURCES

ESTABLISHMENT AND ORGANIZATION ACT OF 2016

ENACTED BY LEGISLATURE: OCTOBER 18, 2016

CITE AS: 1 HCC § 20

This Act supersedes the Department of Heritage Preservation Organization Act of

1997 (HCNL 97-004) as enacted by Legislative Resolution 11-25-97C.

1. Authority.

a. Article V, Section 2(a) of the Ho-Chunk Nation Constitution (“Constitution”) grants the

Legislature the power to make laws, including codes, ordinances, resolutions, and statutes.

b. Article V, Section 2(b) of the Constitution grants the Legislature the power to establish

Executive Departments, and to delegate legislative powers to the Executive Branch to be

administered by such Departments in accordance with the law; any Department established by the

Legislature shall be administered by the Executive; the Legislature reserves the power to review

any action taken by virtue of such delegated power.

c. Article V, Section 2(c) of the Constitution grants the Legislature the power to constitute

a Board of Directors for each Department, except the President shall name the Executive Director,

subject to confirmation by the Legislature.

d. Article V, Section 2(d) of the Constitution grants the Legislature the power to authorize

expenditures by law and appropriate funds to the various Departments in an annual budget.

e. Article VI, Section 1(b) of the Constitution grants the Legislature the power to create

Departments deemed necessary by the Legislature.

f. Article VI, Section 2(d) of the Constitution grants the President the power to administer

all Departments, boards, and committees created by the Legislature.

2. Purpose. The Legislature establishes and organizes the Department of Natural Resources.

W8914 Airport Road

(715) 284-9343

Legislative Office

P.O. Box 667

Black River Falls, WI 54615

Fax (715) 284-3172 (800) 294-9343

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Department of Natural Resources

Establishment Act

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3. Vision Statement. The Ho-Chunk Department of Natural Resources shall be responsible for

managing, exercising stewardship, and applying sound conservation practices over all of the

Nation's lands and natural resources, with the vision to provide long-term cultural, social, political,

and economic stability of the Ho-Chunk Nation and conserve, preserve and protect natural

resources for future generations.

4. Internal Organization.

a. The Department of Natural Resources shall consist of an Executive Director and such

divisions, branches, and offices necessary for the execution of its mission, performance of its

mandated functions, and to achieve its annual goals and objectives.

b. The Department shall employ staff professionals, support personnel, and/or contract with

professional service firms as the Executive Director shall determine consistent with the Nation’s

Finance Ordinance (5 HCC 5), other laws of the Nation, and the Legislative approved budgetary

authority.

c. The Department shall maintain a current Organizational Chart. The Organizational

Chart shall accompany its annual budget submission and any budget modifications during the

fiscal year in accordance with the Nation’s Appropriations and Budget Process Act (2 HCC 4).

5. Executive Director and Board of Directors.

a. Executive Director.

(1) The Executive Director shall be appointed by the President and confirmed by

the Legislature.

(2) The Executive Director shall be a full-time employee and paid compensation

commensurate with his or her skills, education, experience, and responsibilities and within

the standards of compensation established by the Legislature.

(3) The Executive Director shall be responsible for operating within the annually

appropriated budget for the Department.

(4) The Executive Director shall serve as an ex officio member of the Department’s

Board of Directors.

b. Board of Directors. The President shall establish a Board of Directors for the

Department of Natural Resources subject to confirmation by the Legislature pursuant to paragraph

1c.

(1) Role. The Board of Directors shall serve in an advisory capacity on matters

referred by the Executive Director.

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(a) The Board shall not be a policy making body.

(b) The Board shall be involved in the Department’s strategic planning.

(c) The Board shall be consulted during the development of the

Department’s annual goals and objectives required pursuant to the Appropriations

and Budget Process Act (2 HCC 4).

(2) Qualifications. Directors shall have the requisite skills, knowledge, and

education to provide professional and expert advice and recommendations to the Executive

Director.

(3) Membership. The Board of Directors shall be comprised of five (5) Ho-Chunk

Nation members selected by the Executive Director and approved by the President.

(a) A Director shall not be an employee of the Department of Natural

Resources.

(b) A Director shall not be a member of more than two (2) department

Boards of Directors.

(c) A Director shall not be appointed nor serve as a member of a subordinate

advisory board within the Department of Natural Resources.

(4) Terms. Directors shall serve two (2) year terms and may serve for more than

one (1) term. The terms shall be alternated so that two (2) Directors are appointed or reappointed after the first year and every two (2) years thereafter and three (3) Directors are

appointed/re-appointed in the alternate years.

(5) Compensation. Directors shall be compensated for attendance at Board

Meetings at a rate established by the Legislature. A Director must be present for a majority

of the Meeting to receive compensation.

(6) Board Meetings.

(a) The Board of Directors shall meet at least twice a year and for special

meetings as required and subject to the Board’s By-Laws.

(b) Board Meetings shall be subject to the Nation’s Open Meetings Act (2

HCC 2).

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Establishment Act

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(c) Quorum. Quorum for the Board of Directors shall be four (4) of the

five (5) Directors. Quorum must be attained and maintained to conduct business

and for Directors to be eligible for compensation.

(d) Minutes. The Board shall publish Meeting Minutes for each Board

Meeting. Minutes shall be submitted to the Office of the President and the

Legislature. A copy of the Meeting Minutes must be attached to compensation pay

vouchers.

(7) Every twelve (12) months the Board shall elect a Chairperson.

(8) The Directors shall be subject to the Nation’s law regarding nepotism and

conflicts of interest.

(9) Within sixty (60) days of the enactment of this Act, the Board of Directors shall

submit the By-Laws of the Board to the Legislature for approval.

6. Strategic Planning and Reporting.

(a) The Executive Director of the Department of Natural Resources shall be responsible for

creating a Departmental Strategic Plan. This strategic plan shall at a minimum consist of the

Departmental Mission Statement, goals of the Department in support of that mission, the actions

necessary to achieve those goals, and a timeline to regularly review and update the strategic plan

as necessary. The plan will be presented to Legislature upon completion.

(b) On a semi-annual basis, with (1) October for the first semi-annual review (October-November);

and (2) March for the second semi-annual review (March-April), the Executive Director shall

provide an update on progress made towards annual goals and objectives as defined in the

Departmental Strategic Plan, as well as the goals and objectives stated in the annual budget request

made in accordance with the Appropriations and Budget Process Act (2 HCC 4).

(c) The Executive Director will conduct an annual review of the Departmental Strategic Plan, and

make updates or revisions based on the department’s achievement, or lack of progress, regarding

the completion and fulfillment of the department’s strategic goals and objectives for the previous

fiscal year. The updated Departmental Strategic Plan shall be presented to the Legislative

Development Commission, or any relevant commission as required by the Legislative

Organization Act (2 HCC 11) and shall be submitted to that commission by January 1st of each

year.

(d) Episodic Reviews of Departmental Strategic Plans, as requested by the Legislature, shall be

presented to the Legislature upon completion.

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Establishment Act

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7. Annual Report to the Nation. The Department of Natural Resources shall submit through the

President to the Legislature a final written annual report within thirty (30) days of the end of each

fiscal year. It will report on the activities of the Department, achievement of the goals and

objectives for the previous fiscal year, and the impact, if any, of fiscal constraints on its current

goals and objectives.

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Legislative History:

09.19.15

10.20.15

10.20.15

08.11.16

10.18.16

06.05.17

01.28.25

02.06.25

General Council adopts Resolution 09/19/2015-02 requesting an amendment to the HoChunk Nation Constitution which establishes a Department of Agriculture and a

Department of Natural Resources.

Legislature acknowledges General Council Resolution 09/19/15-02 by adopting

Resolution 10.20.15K pledging to create a workgroup for establishing a Department of

Agriculture and a Department of Natural Resources.

Legislature adopts Resolution 10.20.15Q establishing a workgroup to plan for the creation

of a Department of Agriculture and a Department of Natural Resources.

Legislature places a draft Department of Natural Resources Establishment Act out for a

forty-five day public review period in accordance with Resolution 08.09.16H.

Legislature adopts Resolution 10.18.16K adopting the Department of Natural Resources

Establishment and Organization Act.

Legislature passed Resolution 06.05.17M which adopted proposed amendments to all

Nation Establishment and Organization Acts, including 1 HCC § 19 and 1 HCC § 20, while

excluding 1 HCC § 3, with amendments consisting of some general changes as suggested

by public commentary, as well as the “Strategic Planning and Reporting” language, which

was originally placed out for Forty-Five (45) Day Public Comment in Resolution

02.07.17W.

Technical correction to change the word Finance Manual to Finance Ordinance and

Committee to Commission as needed in the establishment acts.

Technical correction to change Section 1f to Article VI 2d and correct and standardize the

format of laws to be italic and state cite number of the law.

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