# Phone: (920)869-2214 (2017)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A1c6462cb1c170109

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

Oneida Nation
Post Office Box 365
Oneida, WI 54155

Phone: (920)869-2214

BC Meeting Materials February 22, 2017
Open Session

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 162 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 22nd day of February, 2017.

____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee

Open Packet

Page 1 of 158

Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, February 21, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, February 22, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I. CALL TO ORDER AND ROLL CALL
II. OPENING
A. Special Recognition – Seven (7) students of the Ona=ká Tsi> Niyukwalih%=t^
Culture-Language Initiative
Sponsor:
Lisa Summers, Tribal Secretary
Requestors:
Elizabeth Somers, Division Director/Governmental Services; Anita Barber, Area
Manager/Cultural Heritage

III. ADOPT THE AGENDA

pp. 5-8

pp. 1-4

IV. OATHS OF OFFICE
A. Oneida Land Claims Commission – Loretta Metoxen

pp. 9-10

B. Southeastern Oneida Tribal Services Advisory Board – Lloyd Ninham and Kathryn LaRoque

pp. 11-12

V. MINUTES
A. Approve February 8, 2017, regular meeting minutes
Sponsor:

pp. 13-27

Lisa Summers, Tribal Secretary

VI. RESOLUTIONS
A. Adopt resolution entitled FY 2017 Coordinated Tribal Assistance Solicitation Grant
Sponsor:

B. Adopt resolution entitled Support for the 2017 Summer Tribal Youth Program
Sponsor:

pp. 28-35

Lisa Summers, Tribal Secretary
Patrick Pelky, Division Director/Environmental Health & Safety

Oneida Business Committee Regular Meeting Agenda of February 22, 2017
Page 1 of 4

pp. 36-41

Open Packet

Page 2 of 158

C. Adopt resolution entitled Memorandum of Understanding between the Oneida Nation and
the BIA Midwest Regional Office, Division of Fee to Trust
Sponsor:
Nathan King, Director/Intergovernmental Affairs & Communications

D. Adopt resolution entitled Adoption of Per Capita Law Amendments
Sponsor:

pp. 42-44
pp. 45-92

Brandon Stevens, Councilman/Legislative Operating Committee Chair

E. Adopt resolution entitled Repeal of Resolution BC-12-23-09-A, Oneida Housing Authority
Admissions and Occupancy Policy
Sponsor:
Brandon Stevens, Councilman/Legislative Operating Committee Chair

pp. 93-123

VII. STANDING COMMITTEES
A. Legislative Operating Committee
Chair: Brandon Stevens, Councilman

1. Accept February 1, 2017, Legislative Operating Committee meeting minutes

pp. 124-127

B. Finance Committee
Chair: Trish King, Tribal Treasurer

1. Approve February 13, 2017, Finance Committee meeting minutes

pp. 128-133

VIII. NEW BUSINESS
A. Approve amended 2016 Indian Housing Plan
Sponsor:

pp. 134-146

Dale Wheelock, Executive Director/Oneida Housing Authority

B. Formulate a cross-functional team to create public service announcements regarding
Oneida/Haudenosaunee history, language, and culture
Sponsor:
Trish King, Tribal Treasurer

pp. 147-148

C. Approve correspondence to Oneida Indian Nation regarding an Oneida language
preservation program
Sponsor:
Lisa Summers, Tribal Secretary

pp. 149-151

IX. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)

A. Approve date and time for reconvened 2017 Annual GTC meeting; and corresponding
mail-out notice
Sponsor:
Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of February 22, 2017
Page 2 of 4

pp. 152-158

Open Packet

Page 3 of 158

X. EXECUTIVE SESSION (Please Note: Scheduled time slots are approximate and subject to
change)

A. REPORTS
1. Accept Chief Counsel report – Jo Anne House, Chief Counsel

pp. 159-162

a. Approve Ater Wynne LLP. – 1st Amendment to contract # 2015-0692

pp. 163-167

b. Approve Yoder & Langford PC Law Office – contract # 2017-0135

pp. 168-174

2. Accept Intergovernmental Affairs & Communications report – Nathan King, Director

pp. 175-185

a. Approve U.S. Department of Interior – Bia Midwest Region MOU – contract # 20170124
pp. 186-198

3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer
a. Approve – 2nd Amendment to Amended and Restated Credit Agreement – Bank of
America National Association – contract # 2012-0027

pp. 199-203
pp. 204-225

B. AUDIT COMMITTEE
Chair: Tehassi Hill, Councilman

1. Accept January 12, 2017, Audit Committee meeting minutes

pp. 226-228

C. STANDING ITEMS
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association Update

pp. 229-244

(This item is scheduled to begin at 1:30 p.m.)
Sponsor: Trish King, Tribal Treasurer

D. NEW BUSINESS
1. Review complaint # 2017-DR06-02 (This item is scheduled to begin at 8:30 a.m.)
Sponsor:

2. Accept update regarding complaint # 2016-DR06-06 and complaint # 2016-DR06-09
Sponsor:

pp. 245-251

Melinda J. Danforth, Tribal Vice-Chairwoman
pp. 252-254

Melinda J. Danforth, Tribal Vice-Chairwoman

3. Accept status update regarding Comprehensive Housing Division (This item is
scheduled to begin at 9:00 a.m.)
Sponsor: Lisa Summers, Tribal Secretary

4. Review analysis regarding Ombudsman position
Sponsor:

pp. 280-283

Melinda J. Danforth, Tribal Vice-Chairwoman

5. Accept update regarding Continuity Planning Sub-committee meeting
Sponsor:

pp. 255-279

Trish King, Tribal Treasurer

Oneida Business Committee Regular Meeting Agenda of February 22, 2017
Page 3 of 4

pp. 284-285

Open Packet

Page 4 of 158

6. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:

Lisa Summers, Tribal Secretary

a. Approved recommendation to assign Nathan King, Director/IGAC as the lead
coordinator for the Oneida Village
Requestor:
Lisa Summers, Tribal Secretary

pp. 286-293

XI. ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 1:15 p.m., Friday, February 17, 2017, pursuant
to the Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official
website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 2362214.
Oneida Business Committee Regular Meeting Agenda of February 22, 2017
Page 4 of 4

Open Packet

Page 5 of 158
Oneida Business Committee Agenda Request

1. Meeting Date Requested:

02

I 13 I 17

2. General Information:
Session:

18) Open

Agenda Header:

D Executive- See instructions for the applicable laws, then choose one:

!Announcement/Recognition

D Accept as Information only
18) Action - please describe:
We are honored to distinguish the following individuals for their integrity, involvement and dedication for
completing the two (2) year Pilot Tsi Niyukwalihot" and their first year (1) of the two(2)year Tsi
Niyukwalihot" immersion Academy.

3. Supporting Materials

D Report

D Resolution

D Contract

18) Other:
l.~~R-e-co_g_n-it-io_n__
D_o-cu-m--en_t_s----------------~

3.L__________________________________

2.

4.L __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _

D Business Committee signature required
4. Budget Information

D Budgeted -Tribal Contribution

D Budgeted -Grant Funded

18] Unbudgeted

5. Submission

Primary Requestor/Submitter:

Elizabeth J. Somers Director GSD
Your Name, Title I Dept. or Tribal Member

Additional Requestor:

Anita F. Barber Cultural Heritage Department Area Manager
Name, Title I Dept.

Additional Requestor:
Name, Title I Dept.
Page 1 of2

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Page 6 of 158
Oneida Business Committee Agenda Request

6. Cover Memo:
Describe the purpose, background/history, and action requested:
The On^yote?a'ka Tsi? Niyukwalihot^ intense culture-language initiative is designed to help prepare the Oneida
community to reach their vision:
"A Nation of strong families built on Tsi? Niyukwalihot^ and a strong economy."
Most members may not know what that means. In 2010 the Oneida Business Committee approved a definition
for Tsi? Niyukwalihot^: "In the Oneida language, the word includes the ways of Oneida people from the Creation
story to the present day. This includes our culture, our history-before and after the move to Wisconsin, our
economy, our language, land, music/dance, arts, clothing, clans, government, child rearing, healing, agriculture,
parenting, ceremonies, economy, employees, food, stories, our environmental ethic. It covers everything about
our Nation."
Our initiative will help rebuild a cultural identity lost through colonialism and promote the use of the Oneida
language to remain sovereign. Along with building knowledge, skills and abilities in an Oneida identity our
curriculum assists in developing cultural wellness for our participants. Holistic learning opportunities are
developed to strengthen self-esteem and self-concept leading to a productive, resilient, self-sustaining lifestyle.
Cultural activities will integrate the Oneida language to help develop a full understanding and awareness of our
connection to the physical environment, family, community, to other Oneida communities and our place in the
world.
We would like to honor you for your extra hard work, excellence and dedication in learning the On^yote?a'ka
Language and Culture today February 22,2017. In recognition of your ongoing contributions and continued work
as a leader in strengthening our families and community with your gained knowledge of On^yote?aka Language
and Culture. We value what you have done and continue to do for our Oneida Nation.
These two (2) students have completed the two (2) year Pilot program :
1. Layu?kwalo'loks Keith Metoxen
2. Lahelotshyus Robert Steffes
These five Students have completed1 year of the program:
1. Kanuhses Stanley Webster
2. Tekalutes Joey Christjohn
3. Yakohnawalatu Georgianna Keahna
4. Lakalakone Jason Carr
5. Tehaliwathehtha? Kerry Kennedy
**Anita F. Barber will be available to hand out certificates.

1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2

Open Packet

Page 7 of 158
Tsi? Niyukwalihot^

February 2017

February 10, 2017 marked the end of the first official year of Tsi> Niyukwalih%=t
Niyukwalih%=t Niyukwalih%=t Niyukwalih%=t Niyukwalih%=ta=ka Identity
2. Why is Tsi> Niyukwalih%=ta=k@ Tsi> Niyukwalih%=ta=k@ Language and Culture
February 1, 2017
In recognition of your ongoing contributions and continued work as a leader in strengthening
our families and community with your gained knowledge of Ona=k@ Language and
Culture
We value the work you have done and continue to do for the Oneida Nation.
Yaw^ko

__________________
Ka>ts$=tsyase Anita F. Barber

_____________________
Tehahuk%tha> Randy Cornelius

Open Packet

Page 9 of 158
Oneida Business Committee Agenda Request

1. Meeting Date Requested:

02 / 22 / 17

2. General Information:
Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only
Action - please describe:
Administer Oath of Office to Loretta Metoxen to the Oneida Land Claims Commission.

3. Supporting Materials
Report

Resolution

Contract

Other:
1.

3.

2.

4.

Business Committee signature required

4. Budget Information
Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission
Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member

Additional Requestor:
Name, Title / Dept.

Additional Requestor:
Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Page 10 of 158
Oneida Business Committee Agenda Request

6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the October 6, 2016 issue of the Kalihwisaks for (1) of vacancy on the Oneida Land Claims
Commission to a 4 year term with the deadline of November 4, 2016. There was (1) applicant for the (1) vacancy
on the Oneida Land Claims Commission. The appointment was made on the February 8, 2017 BC Agenda.

1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2

Open Packet

Page 11 of 158
Oneida Business Committee Agenda Request

1. Meeting Date Requested:

02 / 22 / 17

2. General Information:
Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only
Action - please describe:
Administer Oath of Office to Lloyd Ninham and Kathryn LaRoque to the SEOTS Board.

3. Supporting Materials
Report

Resolution

Contract

Other:
1.

3.

2.

4.

Business Committee signature required

4. Budget Information
Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission
Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member

Additional Requestor:
Name, Title / Dept.

Additional Requestor:
Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Page 12 of 158
Oneida Business Committee Agenda Request

6. Cover Memo:
Describe the purpose, background/history, and action requested:
The posting was in the December 15, 2016 issue of the Kalihwisaks for (2) of vacancies on the SEOTS Board to fill
the terms until 11/12/17 and 2/28/19 with the deadline of January 13, 2017. There were (3) applicants for the (2)
vacancies on the SEOTS Board. The appointment was made on the February 8, 2017 BC Agenda.

1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2

Open Packet

Page 13 of 158
Oneida Business Committee Agenda Request

1. Meeting Date Requested:

02 / 22 / 17

2. General Information:
Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Minutes

Accept as Information only
Action - please describe:
Approve February 8, 2017 regular meeting minutes

3. Supporting Materials
Report

Resolution

Contract

Other:
1. February 8, 2017 regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information
Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission
Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office
Your Name, Title / Dept. or Tribal Member

Additional Requestor:
Name, Title / Dept.

Additional Requestor:
Name, Title / Dept.

Page 1 of 2

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DRAFT
Oneida Business Committee
Executive Session
8:30 a.m. Tuesday, February 7, 2017
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 a.m. Wednesday, February 8, 2017
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes – DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Secretary Lisa Summers, Council members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens,
Jennifer Webster;
Not Present: ;
Arrived at: ;
Others present: Jo Anne House, Michele Doxtator, Larry Barton, Liz Somers, Racquel Hill, Dale
Wheelock, Gina Buenrostro, Pearl Webster, Bridget Mendolla-Cornelius;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King,
Secretary Lisa Summers, Council members: Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster;
Not Present: ;
Arrived at: Councilwoman Fawn Billie at 8:33 a.m.;
Others present: Jo Anne House, Heather Heuer, Brad Graham, Bill Graham, Mike Debraska, Don
Denny, Michele Doxtator, Gina Buenrostro, Candace Skenandore, Jen Falck, Clorissa Santiago, Tammy
Skenandore, Krystal John, Nancy Barton, Bonnie Pigman, Larry Barton, Scott Denny, Patrick Pelky, Dale
Wheelock, Marianne Close, Josh Cottrell, Matt Denny, Joanie Buckley, David Cluckey, Jeff Metoxen,
Marsha Danforth, Bill Vervoort, Mandy Schneider, Rena Metoxen, Victrietta Hensley;

I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 8:30 a.m.
For the record:

Secretary Lisa Summers and Treasurer Trish King are excused at 9:00
a.m. for an appointment and will return afterwards. Chairwoman Tina
Danforth is excused at 10:50 a.m. to attend the Governor’s 2017 Budget
Address and meetings with other tribal leaders in Madison, WI.

Councilwoman Fawn Billie arrives at 8:33 a.m.

II. OPENING by Councilman Tehassi Hill
A. Special Recognition of Retirement and Years of Service – Don Denny
Sponsor:

Michele Doxtator, Area Manager/Retail Profits

Special recognition by Michele Doxtator of Don Denny on his retirement from Oneida Retail.
Oneida Business Committee Regular Meeting Minutes DRAFT of February 8, 2017
Page 1 of 14

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Page 15 of 158

DRAFT
III. ADOPT THE AGENDA (00:08:44)
Motion by Melinda J. Danforth to adopt the agenda with the following changes: [Add-on Item XII.D.07.
Review Ombudsman Position Follow-up; and Add-on Item XII.D.08. Review complaint # 2017-DR06-01],
seconded by Fawn Billie. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Jennifer Webster
Abstained:
Lisa Summers

IV. MINUTES
A. Approve January 25, 2017, regular meeting minutes (00:11:17)
Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the January 25, 2017, regular meeting minutes, seconded by
Jennifer Webster. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Brandon
Stevens, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie

B. Approve January 26, 2017, FY ’17 1st quarter reports meeting minutes (00:11:55)
Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the January 26, 2017, FY ’17 1st quarter reports meeting minutes,
seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Tehassi Hill, David Jordan, Trish King, Brandon
Stevens, Lisa Summers, Jennifer Webster
Abstained:
Fawn Billie

V. RESOLUTIONS
A. Adopt resolution entitled Adoption of Real Property Law Amendments (00:12:34)
Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Lisa Summers to adopt resolution # 02-08-17-A Adoption of Real Property Law Amendments,
seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster

B. Adopt resolution entitled Conflict of Interest Law Amendments (00:16:45)
Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Brandon Stevens to adopt resolution # 02-08-17-B Conflict of Interest Law Amendments,
seconded by Melinda J. Danforth. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Lisa Summers, Jennifer Webster
Secretary Lisa Summers departs at 9:05 a.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of February 8, 2017
Page 2 of 14

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DRAFT
C. Adopt resolution entitled Adoption of the Budget Management and Control Law (00:28:04)
Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Brandon Stevens to adopt resolution # 02-08-17-C Adoption of the Budget Management and
Control Law, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Trish King,
Brandon Stevens, Jennifer Webster
Not Present:
Lisa Summers
Treasurer Trish King departs at 9:16 a.m.
Councilman David Jordan departs at 9:29 a.m.
Councilman David Jordan returns at 9:32 a.m.

D. Adopt resolution entitled Eviction and Termination Rules Extension (00:45:10)
Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Tehassi Hill to adopt resolution # 02-08-17-D Eviction and Termination Rules Extension,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster
Not Present:
Trish King, Lisa Summers

E. Adopt resolution entitled Landlord-Tenant Rules Extension (1:02:31)
Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Motion by Brandon Stevens to adopt resolution # 02-08-17-E Landlord-Tenant Rules Extension,
seconded by David Jordan. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer
Webster
Abstained:
Melinda J. Danforth
Not Present:
Trish King, Lisa Summers
Motion by Melinda J. Danforth to table this item. Motion fails due to lack of support.

VI. STANDING COMMITTEES
A. Legislative Operating Committee

Chair: Brandon Stevens, Councilman

1. Accept January 18, 2017, Legislative Operating Committee meeting minutes (1:38:46)
Motion by David Jordan to accept the January 18, 2017, Legislative Operating Committee meeting
minutes, seconded by Brandon Stevens. Motion carried with one abstention:
Ayes:
Melinda J. Danforth, Fawn Billie, David Jordan, Brandon Stevens,
Jennifer Webster
Abstained:
Tehassi Hill
Not Present:
Trish King, Lisa Summers

Oneida Business Committee Regular Meeting Minutes DRAFT of February 8, 2017
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DRAFT
B. Finance Committee

Chair: Trish King, Tribal Treasurer

1. Approve January 30, 2017, Finance Committee meeting minutes (1:39:14)
Motion by David Jordan to approve the January 30, 2017, Finance Committee meeting minutes,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster
Not Present:
Trish King, Lisa Summers

VII. APPOINTMENTS
A. Approve recommendation to appoint Sandra Reveles to the Oneida Personnel
Commission (1:55:12)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to appoint Sandra Reveles to the Oneida Personnel Commission, seconded
by Fawn Billie. Motion withdrawn.
Motion by Fawn Billie to repost the vacancy on the Oneida Personnel Commission, seconded by Tehassi
Hill. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster
Not Present:
Trish King, Lisa Summers

B. Approve recommendation to appoint Kory Wesaw to the Oneida Police Commission
(2:04:20)
Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Jennifer Webster to approve the recommendation to appoint Kory Wesaw to the Oneida Police
Commission, seconded by David Jordan. Motion fails due to lack of support:
Ayes:
David Jordan, Jennifer Webster
Opposed:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, Brandon Stevens
Not Present:
Trish King, Lisa Summers
Motion by Melinda J. Danforth to request Chairwoman Tina Danforth to reconsider the other applicants in
the pool in accordance with Comprehensive Policy Governing Boards, Committees, and Commissions,
seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster
Not Present:
Trish King, Lisa Summers

C. Approve recommendation to appoint Lloyd Ninham and Kathryn LaRoque to the
Southeastern Oneida Tribal Services Advisory Board (2:09:53)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to approve the recommendation to appoint Lloyd Ninham and Kathryn LaRoque
to the Southeastern Oneida Tribal Services Advisory Board, seconded by Melinda J. Danforth. Motion
carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster
Not Present:
Trish King, Lisa Summers

Oneida Business Committee Regular Meeting Minutes DRAFT of February 8, 2017
Page 4 of 14

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DRAFT
D. Approve recommendation to appoint Loretta Metoxen to the Oneida Land Claims
Commission (2:10:28)
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to approve the recommendation to appoint Loretta Metoxen to the Oneida Land
Claims Commission, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Melinda J. Danforth, Fawn Billie, Tehassi Hill, David Jordan, Brandon
Stevens, Jennifer Webster
Not Present:
Trish King, Lisa Summers

VIII. NEW BUSINESS
Vice-Chairwoman Melinda J. Danforth departs at 10:41 a.m.
Treasurer Trish King returns at 10:49 a.m.
Secretary Lisa Summers departs at 10:53 a.m.
Secretary Lisa Summers returns at 10:55 a.m.

A. Approve 2017 Amended Oneida Trust Enrollment Committee Oneida Business
Committee Memorandum of Agreement (OTEC/OBC - MOA) – contract # 2017-0085
(2:10:50)
Sponsor:
Brandon Stevens, Councilman
Motion by Lisa Summers to recess at 10:56 a.m. until Vice-Chairwoman Melinda J. Danforth returns,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Chairwoman Tina Danforth departs at 10:56 a.m.
Vice-Chairwoman Melinda J. Danforth returns at 10:58 a.m. and assumes responsibility of the Chair.
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 10:58 a.m.
Chairwoman Tina Danforth not present.
Motion by Brandon Stevens to approve the 2017 Amended Oneida Trust Enrollment Oneida Business
Committee Memorandum of Agreement (OTEC/OBC - MOA) – contract # 2017-0085, seconded by Fawn
Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens,
Lisa Summers, Jennifer Webster
Not Present:
Tina Danforth

B. Approve draft letter of support to be sent to the Acting Attorney General from the OBC for
the Twahwahts$lay
February 22, 2017
Per Capita Law Amendments

Please find the following attached backup documentation for your consideration of the Per
Capita Law Amendments:
1.
2.
3.
4.
5.
6.

Resolution: Per Capita Law Amendments
Statement of Effect: Per Capita Law Amendments
Per Capita Law Amendments Legislative Analysis
Per Capita Law (Clean)
Per Capita Law Amendments Fiscal Impact Statement
Notice to Oneida Entities of New Attachment Process

Overview
This is a proposal to amend the existing Per Capita Law which would:
• Reduce the frequency of per capita distributions to elders while maintaining the elders'
payments by placing elders on the same distribution schedules as adults.
• Allow for per capita distributions to be paid to a Tribal member who has filled out the
required distribution forms but died prior to the distribution date.
• Create a majority age beneficiary category distinct from minor beneficiary.
• Include provisions that allow all persons with per capita trust accounts to name
beneficiaries.
• Clarify how per capita distributions held in trust accounts are inherited when the
beneficiary passes.
• Establish banlc fees for closed accounts and returned distributions.
• Transfer the hearing authority of the Trust Enrollment Committee to the Judiciary.
• Revise the attachment process to allow entities to collect debt owed to the Nation without
requiring a court order.

In accordance with the Legislative Procedures Act, public meetings on the proposed amendments
to the Per Capita Law were held on May 19, 2016, June 16, 2016 and December 15, 2016.
There were two minor modifications made since the February 8, 2017 draft (See sections 123.47(±) and 123.5-2(b)(2)(B)). These modifications have no legislative or fiscal impact.
In addition, the LOC is committing to send the attached notice to all Oneida entities notifying
them of the new attachment process contained in this law.
Requested Action
Approve the Resolution: Adoption of Per Capita Law Amendments

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A good mind. A good heart A strong fire.

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BC Resolution __________
Adoption of Per Capita Law Amendments

WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section
1, of the Oneida Nation Constitution by the Oneida General Tribal Council; and
WHEREAS, the Oneida Business Committee adopted the Per Capita law pursuant to resolution BC07-12-00-B and amended the law by resolutions: BC-11-06-02-A, BC-06-16-04-C, BC04-22-09-A, BC-05-09-12-B and BC-08-14-13; and
WHEREAS, these amendments place all elders on the same distribution schedule as adults so that
first time elders with birthdays after the distribution date will receive their payment
early at the same time as everyone else; and
WHEREAS, these amendments modify the policy related to a Tribal member that dies prior to a
distribution date to permit payment so long as the Tribal member timely filled out the
distribution form, provided that such payments may not be re-issued to the estate or any
other claimant; and
WHEREAS, these amendments add new provisions which allow for a beneficiary designation for any
Tribal member with a per capita trust account; and
WHEREAS, these amendments clarify the distribution process and requirements for deceased Tribal
members’ trust accounts; and
WHEREAS, these amendments establish bank fees for closed accounts and returned distributions to
be deducted from the per capita payment; and
WHEREAS, these amendments transfer the Trust Enrollment Committee’s original hearing body
authority to the Oneida Judiciary; and
WHEREAS, the these amendments revise the attachment process to allow the Nation’s entities to
collect debt owed to the Nation without requiring a court order; and
WHEREAS, public meetings regarding these amendments were held on May 19, 2016, June 16, 2016
and December 15, 2016, in accordance with the Legislative Procedures Act; and
NOW THEREFORE BE IT RESOLVED, that the Trust Enrollment Department and the Trust
Enrollment Committee shall develop the rules required to support these Per Capita law amendments to
be effective no later than June 25, 2017.
NOW THEREFORE BE IT FURTHER RESOLVED, that these Per Capita law amendments are
hereby adopted.

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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54115‐0365
Oneida‐nsn.gov

Statement of Effect
Adoption of Per Capita Law Amendments
Summary
This Resolution adopts amendments to the Per Capita law which would:









Reduce the frequency of per capita distributions to elders while maintaining the elders’
payments by placing elders on the same distribution schedules as adults.
Allow for per capita distributions to be paid to a Tribal member who has filled out the
required distribution forms but died prior to the distribution date.
Create a majority age beneficiary category distinct from minor beneficiary.
Include provisions that allow all persons with per capita trust accounts to name
beneficiaries.
Clarify how per capita distributions held in trust accounts are inherited when the
beneficiary passes.
Establish bank fees for closed accounts and returned distributions.
Transfer the hearing authority of the Trust Enrollment Committee to the Judiciary.
Revise the attachment process to allow entities to collect debt owed to the Nation without
requiring a court order.

By: Krystal L. John, Staff Attorney
Analysis
This resolution adopts amendments to the Per Capita law which was adopted by resolution BC07-12-00-B and thereafter amended by resolutions BC-11-06-02-A, BC-06-16-04-C, BC14 04-22-09-A, BC-05-09-12-B and BC-08-14-13.
In addition to the summary of the most notable revisions to the Per Capita law provided above,
the amendments to the Per Capita law also delegate administrative rulemaking authority to the
Trust Enrollment Department (Department) and the Trust Enrollment Committee (Committee) to
further define the processes needed to implement this law.
The Department is permitted, but not required, to create rules which would modify the adult
distribution form and instructions.
The Committee is required to create rules:
 related to distribution timelines for requests for prior payments;
 to provide the definition of and notice to potentially interested parties in the event a
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Tribal member with a trust account dies without a beneficiary designation form on file;
 to establish valuation dates and frequency of reports and identify data critical to the
completion of the reports, provided that the Trust Enrollment Committee may delegate such
reporting responsibilities to duly selected vendors; and
 to determine when a guardian qualifies for distribution from an established trust account.
Public meetings were held on May 19, 2016, June 16, 2016 and December 15, 2016 in
accordance with the Legislative Procedures Act.
In accordance with the Legislative Procedures Act, the effective date of these amendments is
March 8, 2017, which is ten (10) business days from the date the resolution is adopted. The
effective date is not required to be extended in order to allow the Committee time to develop the
rules because the rules will be ready for the 2017 per capita distribution cycle as the resolution
requires the rules to be effective by no later than June 25, 2017.
Conclusion
Adoption of these amendments does not conflict with the Nation’s laws.

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Analysis to Draft # 17 for OBC Consideration
2017 01 25

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Per Capita Amendments

5

Analysis by the Legislative Reference Office
Per Capita (law) Amendments
Drafter
Analyst
David P. Jordan
Krystal L. John
Maureen Perkins
Trust Department. To 1) clarify minor and majority age beneficiary references as they
Requester &
relate to deferrals and hardships; 2) make changes in Elder distributions; 3)
Reason for
incorporate fees for stop payments and closed bank accounts and 4) review how
Request
resolutions BC-01-28-04-A and BC-11-06-02 are affected by the proposed changes
and original intent, as they apply to the law.
The purpose of this law is to specify the procedures to be followed in the event that per
capita payments are distributed by the Nation and to clearly state the responsibilities of
Purpose
the various Oneida entities in the distribution or maintenance of any such per capita
payments [See 123.1-1].
Oneida Business Committee, Trust Enrollment Committee, Trust Enrollment
Authorized/
Department, Judiciary, Oneida Accounting Department, Oneida Nation Child Support
Affected Entities
Agency, other Oneida Entities that may be owed a debt/fine by a Tribal member.
Related
Per Capita Trust Agreement, Tribal Revenue Allocation Plan, Child Support Law and
Legislation
Accompanying Rules, Memorandum of Agreement, Judiciary
Any Tribal member or guardian of a Tribal member can file a complaint regarding
actions taken according to this law and/or rules [See 123.7] or an attachment [See
123.4-9(d)(5)] to the Judiciary.
Attachments may be ordered by the Judiciary for child support arrears or a federal tax
levy [See 123.4-9(a)(1) and 123.4-9(a)(3)]. Oneida entities are not required to receive
an attachment order from the Judiciary prior to initiating a per capita payment
Enforcement & attachment unless an attachment hearing is requested [see 123.4-9(d) and 123.4Due Process
9(d)(5)]. Debt owed to an Oneida Entity includes any money owed and any fines that
have been issued by the Oneida Entity [See 123.4-9(a)(2)(A)]. The Judiciary may
order attachments against per capita payments of Tribal members who have not
returned a notarized membership payment form or who refuse a per capita payment
[See 123-4.9(f)]. All fees associated with reissuing a distribution must be applied to
the distribution [see 123.5-2(e)(2)(B)] unless it is an error on the Nation’s behalf [See
123.5-2(e)(2)(B)(i)].
Public meetings were held May 19, June 16, and December 1, 2016. The LOC has
Public Meeting reviewed the public comments received during the public comment period; any
Status
changes made based on the public comments received have been incorporated into
this draft.
Title
Sponsor

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Overview
The proposed Per Capita law amendments were requested by the Trust Enrollment
Department (formerly known individually as the Trust Department and the Enrollment
Department) to reduce the frequency of per capita distributions to elders while still maintaining
the elders payments by placing elders on the same distribution schedule as adults, allow for per
capita distributions to be paid to a Tribal member who has filled out the required distribution
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forms but died prior to the distribution date, create the majority age beneficiary category distinct
from minor beneficiary, include provisions that allow all persons with per capita trust accounts to
name beneficiaries, clarify how per capita distributions held in trust accounts are inherited when
the beneficiary passes, establish bank fees for closed accounts and returned distributions, and
transfers the hearing authority of the Trust Enrollment Committee to the Judiciary. Additional
amendments include: repeals BC resolution 11-06-02-A, merges Trust and Enrollment
Departments into one Trust Enrollment Department, recognizes the Trust Enrollment Committee
(the current law recognizes the Trust Committee), eliminates deadlines related to attachments,
eliminates the requirement for Oneida entities to receive an attachment order from the Judiciary
unless an attachment hearing is requested and eliminates the role of the Trust Enrollment
Committee to hold administrative hearings.
Analysis was requested regarding the following resolutions:
 BC Resolution 11-06-02-A
o This resolution amended the Per Capita Ordinance to create a separate per capita
payment schedule for elders who turn 62 and 65 in a distribution year. The
amendments added age 65 to the definition of elder in the Per Capita Ordinance.
The resolution also established that elders who turn 62 or 65 by December 31st
were to receive the respective elders’ per capita payment for that September 30th
distribution year. Those who turn 62 or 65 after September 30th were to receive
their respective first time elder per capita payment in the month following their
birth date. This establishes that there are additional elders payments sent after
September 30th of a distribution year for those who are turning 62 and 65 after
September 30 of that distribution year.
 The proposed amendments still honor December 31st as the cut off for
elders who reach the age determined by the GTC resolution in the
distribution year that takes place on September 30th. These distributions;
however, will occur on September 30th along with all adult distributions.
Elders who reach age categories established by the GTC resolution
between October 1st and December 31st will receive their elders’ payments
early on September 30th of that distribution year.
 BC Resolution 11-06-02-A conflicts with the proposed amendments in
that there is not a separate schedule for elders’ payments in the proposed
law as established by this resolution. Elders are classified as adults in the
definition and therefore follow the adult distribution timeline.
 Adult is defined as a Tribal member who is at least eighteen (18)
years of age on or before September 1st of a given year [See 123.31(a)].

definition

BC Resolution
11-06-02-A
Elder: shall mean
those
tribal
members who are
age 62 years or

Current Law

Proposed Amendments

9.3-1(e) “Elder” shall mean
those Tribal members who
are age 62 years or over, or
65 years or over, as of

123.3-1 “Adult” means a Tribal
member who is at least eighteen
(18) years of age on or before
September 1st of a given year.

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over, or 65 years December 31st of a given
or over, as of year.
December 31 of a
given year.

BC Resolution
11-06-02-A
Payments / (c)
Payments
Distributio Sent. Per capita
ns
payments shall be
mailed
on
September 30th.
1)
After
September
30,
and
through
December
31,
first time elder
per
capita
payments shall be
sent in the month
following
birth
date.

Current Law
9.5-3(d)
(d)
Annual
Payments.
Annual per
capita payments shall be
distributed on or before
September 30th. First time
elder per capita payments
for those Tribal members
who turn sixty-two (62) or
sixty-five
(65)
after
September
30th,
and
through December 31st,
shall be distributed at the
end of the month of the
elder’s birth date.

123.4-6(a) For the purposes of
this section, elder means a
Tribal Member who meets the
age
requirements
as
of
December 31st of a given year
to be eligible for an elder
distribution as determined by
the effective General Tribal
Council Resolution.
Proposed Amendments
123.5-2 (c) Annual Distribution
Date.
The Nation shall
distribute all annual per capita
payments
on
or
before
September 30th, excluding those
to beneficiary trust accounts,
which are governed by the Per
Capita Trust Agreement.

(e) (1)
Prior Payments:
Elders.
Prior payments
requested by eligible elders
on or before the twentieth
(20th) day of the month
shall be distributed by the
last business day of that
month.
Prior payments
requested by elders after the
twentieth (20th) day of the
month shall be distributed
by the last business day of
the next month.
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o Impact. BC Resolution 11-06-02-A conflicts with the proposed amendments.
 This law repeals BC Resolution 11-06-02-A considering that elders will
still receive their elders’ payments in the distribution year according to the
proposed Per Capita Law amendments.
 Special BC Resolution 1-28-04-A
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o This resolution was passed at the Special BC meeting held in lieu of the GTC
Annual Meeting due to a lack of quorum. This resolution designates the interest
from the unclaimed unallocated per capita pooled account to be applied to the
Oneida Language Revitalization Program.
o Please note that the pooled account itself has not been designated for use by the
GTC through this resolution; only the interest from the account was allocated, the
principal of the account shall not be depleted.
o Impact. This resolution has no legislative impact on the proposed amendments.
Proposed Amendments
This section will highlight each of the major proposed amendments to the law and will indicate
whether there is overlap or conflict with the Per Capita Trust Agreement.
 Repeals BC Resolution 11-06-02-A
o Impact. The separate process for elders’ per capita distributions has been
eliminated; all adult distributions will follow the same distribution schedule.
 Trust Enrollment Committee. Added responsibilities include: provide input to the
Finance Department regarding per capita matters included in the Nation’s revenue
allocation plan [see 123.4-5(c)].
o Impact. No legislative impact or conflict.
 Trust Enrollment Department. Added responsibilities include:
o Ensure the availability and liquidity of funds for transfer of the trust funds under
the authorization of the Trust Enrollment Committee [see 123.4-6(f)].
o Calculate attachment amounts for collection of Oneida entity debts and implement
Oneida entity attachments [see 123.4-6(l)].
o Impact. No legislative impact or conflict.
 Tribal Treasurer [see 123.4-8]. Duties removed:
o Make a payment to those Tribal members responding to the membership payment
form deadline who are not minors or incompetent adults [see 9.7-5(a) of current
law].
o Cover unverified member payments for those members who are unresponsive to
the membership payment form deadline [see 9.7-5(b) of current law].
 Impact. No legislative impact or conflict.
 Deadlines. Deadlines regarding attachments were removed throughout the law to
eliminate the need to amend the law due to updated deadlines in the future [see 9.46(d)(4) and 9.4-6(d)(4)(B) and 9.4-6(d)(4)(C) and 9.4-6(d)(5) and 9.4-6(d)(6)(A) and 9.46(d)(6)(B) and 9.4-6(e)(1) and 9.4-6(e)(2) and 9.4-6(e)(3)(A) and 9.4-6(e)(3)(B) of
current law].
o Impact. No legislative impact or conflict.
 Distinction of Majority Age and Minor Beneficiaries. Two terms have been added to
create clarity in the law: majority age beneficiaries and minor beneficiaries.
o Proposed Amendments to the Law. The proposed amendments to the law
define the new terms as follows:
 Majority age beneficiaries: a Tribal member who has reached eighteen
(18) years of age by September 1 and is eligible to claim a trust account
for the first time in the distribution year [see 123.3-1(k)].
 Minor beneficiaries are defined as Tribal members who are less than
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eighteen (18) years of age [see 123.3-1(l)].
o Per Capita Trust Agreement. The Per Capita Trust Agreement refers only to
“beneficiaries” defined as:
 The beneficiaries of the trust shall be all duly enrolled members of the
Oneida Tribe of Indians of Wisconsin who are eligible to receive a per
capita distribution in any year in which any such distribution is made, and
who have not yet attained the age of eighteen years by September 1st of the
year in which such distribution is made [see Article I. Beneficiaries of the
Per Capita Trust Agreement].
o Impact. No legislative impact or conflict.
Oneida Entity Debt Attachment. Oneida entities are not required to receive an
attachment order from the Judiciary prior to initiating a per capita payment attachment
unless an attachment hearing is requested [see 123.4-9(d)]. The entity owed the debt
must provide two written notices via first class mail to the debtor’s last known address
prior to issuing final notice of indebtedness with intent to attach. The notice to attach
must also appear in the Nation’s newspaper. Once this has been satisfied, the Trust
Enrollment Department will calculate the attachment amount. The Trust Enrollment
Department may attach per capita payments, as ordered by the Judiciary, of Tribal
members who do not return a notarized membership payment form or who refuse a
distribution [see 123.4-9(f)]. Any remaining amount after all attachments have been
satisfied will be distributed to the Tribal member if the Tribal member follows the
process for requesting a prior per capita payment [see 123.5-2(e)] or otherwise deposited
into the pooled account [see 123.4-9(f)].
Administrative Hearings. The role of the Trust Enrollment Committee to hold
administrative hearings regarding challenges to payment or non-payment of per capita
payments has been removed from this law [see 9.4-4(c) of current law]. Disputes are
settled by the Judiciary in the proposed amendments.
o Proposed Amendments to the Law. The proposed amendments to the law state,
“The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding
actions taken pursuant to this law and/or rules.” [see 123.7-1].
o Per Capita Trust Agreement. The Per Capita Trust Agreement states, “If any
dispute arises out of the distribution of a beneficiary’s interest under the trust, all
such matters shall be resolved according to the procedures set forth in the Oneida
Administrative Procedures Act, except as otherwise provided in the Oneida Tribe
of Indians of Wisconsin Revenue Allocation Plan [see Article XV of the Per
Capita Trust Agreement].
o Impact. Article XV of the Per Capita Trust Agreement would need to be updated
to refer disputes to the Judiciary.
Bank Fees. The current law is silent with respect to bank fees.
o Proposed Amendments to the Law. All fees associated with reissuing a
distribution (due to stop payment or incorrect direct deposit information) must be
applied to the distribution [see 123.5-2(d)(1)] unless it is an error on the Nation’s
behalf [see 123.5-2(d)(2)].
o Impact. No legislative impact or conflict.
Elders Payments. The separate process for elder’s distributions was removed from this
law. Elder’s distributions now follow the same process and adhere to the same deadlines
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as the adult distributions [see 123.5], except for those elders who reach the age category
established by the GTC resolution between October 1 and December 31 of the
distribution year, who will receive their elders’ payments early on September 30 (implied
intent). This change conflicts with BC Resolution 11-06-02-A which sets the distribution
timeline for elders reaching 62 and 65 by December 31st of the distribution year.
o Impact. BC Resolution 11-06-02-A is repealed in this law as noted in the
analysis of the resolution above.
Deceased Tribal Members. Tribal Members who complete the distribution form and
die prior to the distribution date will receive a per capita payment. The payment will
only be made in the Tribal Member’s name and will not be reissued in the name of any
claimant or the decedent’s estate [see 123.5-3(a)].
o Impact. No legislative impact or conflict.
Beneficiary Designation Forms. All minor/majority age beneficiaries and legally
incompetent adults will receive beneficiary designation forms from the Trust Enrollment
Department to name a beneficiary to inherit any remaining trust account balance in the
event of death of the minor/majority age beneficiary or legally incompetent adult. The
Trust Enrollment Department will send these forms out each year for newly enrolled
members and Tribal members declared legally incompetent [see 123.6-3].
o Impact. No legislative impact or conflict.
Per Capita Actions. A process to file a complaint to the Judiciary was added to this law
[See 123.7].
o Impact. The complaint process would need to be updated in the Per Capita Trust
Agreement as it currently refers to the Administrative Procedures Act and the
Revenue Allocation Plan to settle disputes [See Article XV of the Per Capita Trust
Agreement].
Complaint with Regard to Oneida Entity Debt and Federal Tax Levy Attachments
o Tribal members subject to attachment to collect a debt owed to the Judiciary who
wish to file a complaint regarding the attachment may file a request for a show
cause hearing with the Judiciary within 30 days of the final notice of indebtedness
with intent to attach. The Judiciary shall honor all requests for show cause
hearings [see 123.4-9(d)(5)]. .
 Impact. Provides an opportunity for Tribal members to file a complaint
regarding an attachment to collect debt issued by the Judiciary.
Administrative Rulemaking Authority
The Trust Enrollment Department has rulemaking authority under this law to develop and
implement the following rules:
o Modify the Adult Distribution Form and Instructions [see 123.5-2(b)(1)].
The Trust Enrollment Committee has rulemaking authority under this law to develop and
implement the following rules:
o Distribution timelines [see 123.5-2(b)(1)(A)].
o Defining potentially interested parties in the event there is no signed beneficiary
designation form on record [see 123.5-3(a)].

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o Establish valuation dates and frequency of reports and identify data critical to the
completion of the reports. The Trust Enrollment Committee may delegate such
reporting responsibilities to duly selected vendors [see 123.6-1(a)(1)].
o Determine when a guardian qualifies for distribution from an established trust
account [see 123.6-2(a)].

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Other
Oneida Tribe of Indians of Wisconsin has been changed to Oneida Nation to reflect
approved constitutional amendments. Please refer to the fiscal impact statement for any financial
impacts.

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Draft 18 – For OBC Consideration
2017 02 22
Title 1. Government and Finances – Chapter 123
PER CAPITA
Shakotiw$> Stawih# Olihw@=ke

Issues concerning where they give the money

123.1. Purpose and Policy
123.2. Adoption, Amendment, Repeal
123.3. Definitions
123.4. General

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123.5. Distributions
123.6. Minor/Majority Age Beneficiaries and Legally Incompetent
Adults
123.7. Per Capita Actions

123.1.
Purpose and Policy
123.1-1. Purpose. The purpose of this law is:
(a) To specify the procedure to be followed in the event that per capita payments are
distributed by the Nation; and
(b) To clearly state the responsibilities of the various Oneida entities in the distribution or
maintenance of any such per capita payments.
123.1-2. Policy. It is the policy of the Nation to have a consistent methodology for distribution
of per capita payments, including payments derived from gaming revenues and regulated by
IGRA.
123.2.
Adoption, Amendment, Repeal
123.2-1. This Law is adopted by the Oneida Business Committee by resolution BC-7-12-00-B
and amended by resolution BC-11-06-02-A, BC-6-16-04-C, BC-04-22-09-A, BC-05-09-12-B
and BC-08-14-13-D and ___________.
123.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
123.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this law
which are considered to have legal force without the invalid portions.
123.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control. Provided that this law repeals Oneida Business
Committee resolution 11-06-02-A.
123.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
123.3.
Definitions
123.3-1. This section shall govern the definitions of words and phrases as used herein. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Adult” means a Tribal member who is at least eighteen (18) years of age on or
before September 1st of a given year.
(b) “Arrears” means the amount of money a Tribal member has not paid pursuant to the
most recent child support court order against him or her.
(c) “Court of competent jurisdiction” means the Judiciary, a state or federal court or
another court recognized by the Judiciary as having the jurisdiction to hear and determine
a particular legal proceeding.
(d) “Day” means calendar days, unless otherwise specifically stated.
(e) “Debtor” means a Tribal member owing a debt to an Oneida entity.
(f) “Direct Deposit” means the electronic distribution of funds.
(g) “Distribution” means the transfer of funds to Tribal members.
(h) “IGRA” means the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et.seq.

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(i) “Judiciary” means the Nation’s judicial system, which includes the Family Court,
Trial Court and/or Appellate Court.
(j) “Legally Incompetent Adult” means a Tribal member who is at least eighteen (18)
years of age and has been declared incompetent by a court of competent jurisdiction
pursuant to applicable law.
(k) “Majority Age Beneficiary” means a Tribal member who has reached eighteen (18)
years of age by September 1st and is eligible to claim a trust account for the first time in
the distribution year.
(l) “Minor Beneficiary” means a Tribal member who is less than eighteen (18) years age.
(m) “Nation” means the Oneida Nation.
(n) “Oneida Entity” means a department, board, committee, commission or chartered
corporation of the Nation or the Judiciary.
(o) “Outstanding Check” means a check that has been written by the Nation, but has not
yet cleared the bank on which it was drawn.
(p) “Per Capita Payment” means the amount authorized by the General Tribal Council to
be distributed to Tribal members.
(q) “Pooled Account” means the account set up by the General Tribal Council or Oneida
Business Committee, through resolution, for the purpose of managing undistributed funds
pursuant to the Nation’s laws.
(r) “Proof of Education” means the documents identified in Article III of the Per Capita
Trust Agreement as acceptable to demonstrate that the tribal member has received a high
school diploma or its equivalent.
(s) “Rule” means a set of requirements enacted by the Trust Enrollment Committee
and/or the Trust Enrollment Department in accordance with the Administrative
Rulemaking law based on authority delegated in this law in order to implement, interpret
and/or enforce this law.
(t) “Tribal Member” means an individual who is an enrolled member of the Nation.
(u) “Trust Account” means an account(s) established by the Trust Enrollment Committee
for the purpose of maintaining per capita funds for persons pursuant to the Nation’s
revenue allocation plan, which includes, but is not limited to, minor beneficiaries and
legally incompetent adults.
(v) “Trust Enrollment Committee” means that body designated by the General Tribal
Council to manage the trust funds for the Nation on behalf of Tribal members, and which
is also responsible for the Nation’s enrollment records.
(w) “Trust Fund Accountant” means the third party professionals hired by the Trust
Enrollment Committee to oversee trust accounts established pursuant to this law.
123.4.
General
123.4-1. This section sets forth the responsibilities delegated under this law.
123.4-2. Supersedes. This law supersedes any contradictory language contained in any other
per capita payment plan.
123.4-3. Budgetary Limitations. This law may not be construed as mandating a per capita
payment; per capita payments may only be issued at the direction of the General Tribal Council
through adoption of a resolution.
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123.4-4. Oneida Business Committee. The Oneida Business Committee shall:
(a) Identify and allocate funds available for per capita payments;
(b) Forward approved revenue allocation plans to the Bureau of Indian Affairs;
(c) Transfer funds to the appropriate Oneida entity(ies) pursuant to the Nation’s laws
within a reasonable time frame;
(d) Be responsible for any activities not specifically identified but reasonably related to
the responsibilities in this in this sub-section; and
(e) Enter into a Per Capita Trust Agreement and Memorandum of Agreement with the
Trust Enrollment Committee.
123.4-5. Trust Enrollment Committee. The Trust Enrollment Committee shall:
(a) Manage trust accounts related to per capita payments with fiduciary responsibility;
(b) Maintain the Nation’s membership rolls so that the Trust Enrollment Department can
accurately identify which Tribal members are eligible for distribution;
(c) Provide input to the Finance Department regarding per capita matters included in the
Nation’s revenue allocation plan;
(d) Be responsible for any activities not specifically identified but reasonably related to
the responsibilities in this sub-section; and
(e) Enter into a Per Capita Trust Agreement and Memorandum of Agreement with the
Oneida Business Committee.
123.4-6. Trust Enrollment Department. When a per capita payment is approved, the Trust
Enrollment Department shall:
(a) Develop and finalize a list of the eligible distribution recipients broken down into the
following categories: minor beneficiaries, majority age beneficiaries, legally incompetent
adults, adults and elders. For the purposes of this section, elder means a Tribal member
who meets the age requirements as of December 31st of a given year to be eligible for an
elder distribution as determined by the effective General Tribal Council Resolution.
(b) Provide the finalized list of Tribal members eligible to receive the distribution to the
Oneida Accounting Department and trust fund accountant.
(c) Send membership distribution and trust account forms and receipts related to
approved per capita payments.
(d) Manage and maintain the Enrollment Database including, but not limited to,
membership and distribution information.
(e) Process the distribution data and forward the data to the Oneida Accounting
Department and trust fund accountant.
(f) Ensure the availability and liquidity of funds for transfer of the trust funds under the
authorization of the Trust Enrollment Committee.
(g) Provide fund transfer instructions to the relevant initiating institution: the custodial
bank or the Oneida Accounting Department.
(h) Work with the Trust Enrollment Committee to establish any necessary trust accounts.
(i) Monitor all trust accounts for the purposes of necessary reporting, claims and
distribution verification.
(j) Record issued, voided, redeemed, and outstanding check distributions in the
Enrollment Database.
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(k) Complete trust account reconciliations.
(l) Calculate attachment amounts for collection of Oneida entity debts and implement
Oneida entity attachments.
123.4-7. Oneida Accounting Department. When a per capita payment is approved, the Oneida
Accounting Department shall:
(a) Initiate and complete the funds transfer upon receipt of funds transfer instructions
from the authorizing Oneida entity and shall ensure that the physical movement of funds
happens no later than one (1) business day prior to the distribution date.
(b) Record issued, voided and outstanding check distributions on the general ledger.
(c) Complete bank account reconciliations.
(d) Process per capita distribution to the payables ledger.
(e) Perform all activities related to fiscal and calendar year end processes, including
providing tax documents and tax reporting as required by applicable law.
(f) Submit notice of any fees associated for reissuance of a distribution to the Trust
Enrollment Department, in accordance with sections 123.5-2(d)(1) and 123.5-2(d)(2).
123.4-8. Tribal Treasurer. The office of the Oneida Treasurer shall identify funds and shall
timely transfer the necessary amount of relevant funds to the Trust Enrollment Committee, the
trust fund accountant and the Oneida Accounting Department.
123.4-9. Attachments. Per capita payments are benefits offered by the Nation to Tribal
members. All per capita payments, except distributions to or from a trust account for a
beneficiary, may be subject to attachment prior to distribution in accordance with this section.
Entities seeking to attach a per capita payment shall follow the timelines identified in this law.
(a) Per capita payments may only be attached for the following purposes, and in the
following order:
(1) Child support arrears ordered by a court of competent jurisdiction. After child
support arrears are fully satisfied, the Trust Enrollment Department shall apply
any remaining per capita payments for the payment of debt owed to an Oneida
entity.
(A) If a Tribal member owes arrears in more than one (1) child support
order, the Oneida Nation Child Support Agency shall equally divide the
per capita payment based on the number of court orders under which
arrears are owed.
(2) Debt owed to an Oneida entity that is past due. After child support arrears and
debt owed to an Oneida entity have been fully satisfied, the Trust Enrollment
Department shall apply any remaining per capita payment for the payment of a
federal tax levy.
(A) “Debt owed to an Oneida entity” includes any money owed to an
Oneida entity and any fines that have been issued by an Oneida entity.
(B) If a Tribal member owes debt to more than one (1) Oneida entity, the
Trust Enrollment Department shall equally divide the per capita payment
based on the number of Oneida entities that are owed debt.
(3) A federal tax levy.
(b) If the amount of the per capita payment exceeds the amount of the attachment, the
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Trust Enrollment Department shall distribute the remaining balance to the Tribal
member, provided the Tribal member has met the distribution requirements contained in
this law. If there is a remaining unclaimed balance, the Tribal member may request it to
be distributed as provided in 123.5-2(e). The Trust Enrollment Department shall deposit
any remaining refused balance in accordance with 123.5-5.
(c) Child Support Attachments. Claimants or their designated representative shall submit
all requests for attachments for child support arrears to the Oneida Nation Child Support
Agency.
(1) After receiving an initial attachment request for child support arrears, the
Oneida Nation Child Support Agency shall send a one-time notice and a voluntary
federal income tax withholding request form to those Tribal members whose per
capita payment will be attached for child support arrears.
(2) The Oneida Nation Child Support Agency shall prepare a certified accounting
of all attachment requests and forward the accounting to the Judiciary.
(3) The Trust Enrollment Department may not process an attachment of a Tribal
member’s per capita payment to collect child support arrears without first having
received an order of determination issued by the Judiciary.
(4) After the child support arrears have been satisfied, if an attachment request is
submitted for the same Tribal member’s per capita payment based on new child
support arrears, the Oneida Nation Child Support Agency shall issue another onetime notice and federal income tax withholding form in accordance with 123.49(c)(1).
(d) Oneida Entity Debt Attachments. Oneida entities are not required to receive an
attachment order from the Judiciary prior to initiating a per capita payment attachment
unless an attachment hearing is requested under section 123.4-9(d)(5).
(1) Notice of Indebtedness. Prior to initiating an attachment, the Oneida entity
owed the debt shall provide written notice of indebtedness to the debtor by first
(1st) class mail at the debtor’s last known address.
(A) Frequency of Notice. Oneida entities shall send debtors notice of
indebtedness for each month a debt is owed with each notice being sent a
minimum of thirty (30) calendar days apart. Oneida entities shall send
two (2) consecutive monthly notices prior to the debt becoming eligible
for attachment.
(B) Notice Content. Oneida entities shall include the following in their
notices of indebtedness:
(i) How many notices of indebtedness have been provided prior to
the subject notice and the dates of all prior notices;
(ii) The amount of the debtor’s indebtedness;
(iii)Information for making payment on the debt; and
(iv) An explanation that if the debt is not paid in full within thirty
(30) calendar days from the date of the second consecutive
monthly notice, the entity may initiate an automatic attachment of
the Tribal member’s per capita payment.
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(2) Initiating an Attachment. After thirty (30) calendar days have lapsed since the
Oneida entity sent the second consecutive monthly notice of indebtedness, the
Oneida entity may initiate an attachment by providing the debtor with a final
notice of indebtedness with intent to attach. The Oneida entity shall send the final
notice to the debtor by certified mail. Additionally, the Oneida entity shall post
notice of intent to attach in the Nation’s newspaper, where such notice includes
only the debtor’s name, the Oneida entity owed a debt and the Oneida entity’s
contact information for payment. The Oneida entity shall submit its request to
post to the newspaper at the same time as the final notice with intent to attach is
mailed in order to ensure that notice is posted in the newspaper a minimum of ten
(10) business days before the close of the debtor’s thirty (30) calendar day time
period to resolve the debt or request an attachment hearing.
(A) The Oneida entity shall include the following in the final notice of
indebtedness with intent to attach:
(i) The dates of all prior notices of indebtedness provided to the
debtor;
(ii) The amount of the debtor’s indebtedness;
(iii)Information for making payment on the debt;
(iv) An explanation that this is the final notice and the Oneida
entity has by this final notice initiated an attachment against the
debtor;
(v) An explanation that if the debt is not paid in full within thirty
(30) calendar days from the date of the final notice of indebtedness
with intent to attach that the Trust Enrollment Department will
automatically attach the debtor’s available per capita payment in
order to satisfy the debt;
(vi) An explanation that the debtor may request an attachment
hearing with the Judiciary to contest the validity of the debt by
submitting a petition to the Judiciary within thirty (30) calendar
days from the date of the of the final notice of indebtedness with
intent to attach and that the debtor is responsible for any filing fees
required by the Judiciary; and
(vii) A membership distribution form which the debtor shall
submit to the Trust Enrollment Department no later than
September 1st in order for voluntary federal income taxes to be
withheld.
(B) Attachment Deadlines. In order for the Trust Enrollment Department
to process an attachment for a current per capita payment distribution,
Oneida Entities shall:
(i) Send the Trust Enrollment Department a one-time final
accounting of all debts subject to attachment no later than July 31st,
provided that, in order for a debt to be included in the final
accounting, the Oneida entity’s shall have sent the debtor a final
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notice of indebtedness with intent to attach in which the debtor’s
thirty (30) day period to resolve the debt or request an attachment
hearing with the Judiciary expires on or before July 31st; and
(ii) Receive, review and respond to the withholding report, in
accordance with the deadline provided by the Trust Enrollment
Department.
(3) Calculating the Attachment Amount. The Trust Enrollment Department shall
determine the amount of per capita payment attachment based on the order
provided in section 123.4-9(a).
(4) Payment of Debt Prior to Attachment. A debtor may make payments towards
a debt subject to attachment at any time.
(A) Oneida entities shall keep record of all debtors payments and shall
only include unpaid debts in their final accounting submitted to the Trust
Enrollment Department.
(B) Once the Oneida entity has submitted the final accounting to the Trust
Enrollment Department, the attachment amount may not be modified. If a
debtor makes a payment towards a debt subject to attachment after the
final accounting has been submitted to the Trust Enrollment Department,
the Oneida entity shall reimburse the debtor for payments received in
excess of the amount of the debt noticed to the debtor within thirty (30)
calendar days from its receipt of the per capita payment attachment.
(5) Requesting an Attachment Hearing. A debtor may request an attachment
hearing with the Judiciary to contest the validity of the debt by submitting a
petition to the Judiciary within thirty (30) calendar days from the date of the final
notice of indebtedness with intent to attach, provided that the debtor shall include
a copy of the final notice of indebtedness with intent to attach with the petition.
(A) The debtor shall pay any filing fees required by the Judiciary before
the Judiciary may consider the petition complete.
(B) When a request for an attachment hearing is timely made, the Oneida
entity is still not required to obtain a judgment, but shall receive an
attachment order before the Trust Enrollment Department may attach a per
capita payment to collect debt owed to the Oneida entity.
(6) Multiple Attachments. If a single per capita payment is not sufficient to
satisfy the debt owed to an Oneida entity, the Oneida entity shall follow the
process contained in section 123.4-9(d)(1)-(5) for each per capita payment it seeks
to attach.
(e) Federal Tax Levy Attachments. Claimants or their designated representatives shall
submit all requests for attachments for a federal tax levy to the Judiciary. The Trust
Enrollment Department may not process an attachment of a Tribal member’s per capita
payment to collect a federal tax levy without first having received an order of
determination from the Judiciary.
(f) The Judiciary may order and the Trust Enrollment Department may process
attachments against per capita payments of Tribal members who do not return a notarized
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membership payment form as required under 123.5-2(b)(1) or who refuse a payment
under 123.5-2(f). If the amount of the per capita payment exceeds the amount of the
attachment resulting in a remaining unclaimed balance, the Tribal member may request it
to be distributed as provided in 123.5-2(e). The Trust Enrollment Department shall
deposit any remaining refused balance in accordance with 123.5-5.
123.4-10. Federal Income Tax Withholding.
(a) Voluntary. The Trust Enrollment Department shall withhold federal income taxes
from a distribution only when the following applies:
(1) Tribal members whose per capita payment is not subject to attachment in
accordance with section 123.4-9 may voluntarily request to have federal income
tax withheld, provided that Tribal members shall make such requests in
accordance with the applicable distribution deadlines.
(2) If the Trust Enrollment Department receives a timely voluntary request to
have federal income tax withheld from a Tribal member whose per capita
payment is subject to attachment in accordance with section 123.4-9, the Trust
Enrollment Department shall apply the federal income tax withholding to the
applicable distribution before any attachments are applied.
(b) Mandatory. A Tribal member who meets all of the requirements of this law, but
refuses to provide the Trust Enrollment Department with his or her social security
number or individual tax identification number is subject to mandatory federal income
tax withholding from his or her per capita payment, as required by federal law.
(c) IRS Publication 15a. The Nation shall comply with the most recent edition of IRS
Publication 15a.
123.5.
Distributions
123.5-1. General. This section sets forth the required processes for distribution of per capita
payments.
123.5-2. Deadlines. The following deadlines apply in regards to the annual per capita
payment. Where the dates fall on a Saturday, Sunday, or holiday the deadline is construed to be
the close of business on the following business day. For any additional per capita payments, the
Trust Enrollment Committee may establish dates and deadlines associated with those payments,
as needed.
(a) Eligibility. Eligibility falls into the following categories:
(1) Filing Deadlines. An individual who is not a Tribal member shall file a new
enrollment application no later than the close of business on January 31st in order
to be considered eligible for the following per capita payment.
(A) Enrollment Deadlines. An individual is considered enrolled for the
purposes of a per capita payment if the individual has been approved for
enrollment by a vote of the Oneida Business Committee by March 31st.
(B) A newly enrolled Tribal member is eligible only for per capita
payments authorized to be distributed following the effective date of his or
her enrollment; he or she is not eligible to receive any per capita payments
that were distributed prior to the effective date of his or her enrollment.
(2) Dual Enrollment. A Tribal member who is dually enrolled with another
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Indian tribe is not eligible for a per capita payment unless his or her
relinquishment from the other tribe has been processed and written verification
that the member is no longer enrolled with that tribe has been received by the
Trust Enrollment Department by September 1st.
(b) Distribution Documents.
(1) Adult Distribution Form and Instructions. Unless and until the Trust
Enrollment Department modifies the Adult Distribution Form and Instructions by
creating rules, the Trust Enrollment Department shall comply with the following.
(A) Prior to July 1st of the year the Trust Enrollment Department shall mail
membership distribution forms and instructions to all adult Tribal
members. Adults shall complete, notarize and return a notarized
membership distribution form to the Trust Enrollment Department by
close of business on or before September 1st in order to be eligible for a
per capita distribution.
(B) The Trust Enrollment Department shall make available late
membership distribution forms and shall accept such forms in compliance
with section 123.5-2(e).
(2) Majority Age Beneficiary Distribution Form and Instructions.
(A) Prior to April 1st of the year the Trust Enrollment Department shall
mail trust account forms and instructions to eligible majority age
beneficiaries for trust account distributions in accordance with Article III
of the Per Capita Trust Agreement.
(B) The Trust Enrollment Department shall make available late trust
account forms and shall accept such forms in accordance with Article III
of the Per Capita Trust Agreement and IGRA.
(c) Annual Distribution Date. The Nation shall distribute all annual per capita payments
on or before September 30th, excluding those to beneficiary trust accounts, which are
governed by the Per Capita Trust Agreement.
(d) Direct Deposit. Adults and majority age beneficiaries may submit a direct deposit
form at any time, provided that in order for it to be applied to an upcoming distribution,
the Tribal member shall submit the direct deposit form by the applicable per capita or
trust account distribution form deadline.
(1) Upon receipt of notice from the Oneida Accounting Department of any fees
incurred by the Nation associated with reissuance of a distribution, the Trust
Enrollment Department shall deduct any such fees from the reissued distribution.
(Fees may include, but are not limited to, stop payment and direct deposit bank
rejection fees).
(2) The Nation shall waive fees if a check is reissued due to an error on its behalf.
A reissue made due to an error on the Nation’s behalf may not count against the
Tribal member as identified in 123.5-2(e)(2)(A).
(e) Request for a Prior Per Capita Payment.
(1) Unclaimed Payment. Tribal members shall submit a request for a prior adult
per capita payment, for which the Tribal member was eligible, but was not
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claimed or fully attached, by September 1st of the next year. For example, if a
payment’s original distribution date is in 2000, then the deadline is September 1,
2001. If a request is not received by the deadline date, the payment expires and
the Trust Enrollment Department shall deposit such funds in a pooled account in
accordance with 123.5-5.
(A) The Trust Enrollment Department shall process prior per capita
payments requested by eligible adults according to the Trust Enrollment
Committee’s rules regarding distribution timelines.
(B) The Trust Enrollment Department shall process prior per capita
payments requested by a majority age beneficiary in accordance with
Article III of the Per Capita Trust Agreement.
(2) Distribution of Outstanding Checks including rejected Direct Deposit funds.
Tribal members shall submit a request for an adult or majority age beneficiary’s
prior distribution, for which a Tribal member already claimed, but did not redeem,
by September 1st of the next year. For example, if a distribution’s original issue
date is in 2000, then the deadline is September 1, 2001.
(A) An adult, minor beneficiary or majority age beneficiary’s distribution
may only be reissued once. After the distribution/rejected direct deposit
funds are reissued, the Tribal member has ninety (90) days to redeem it or
the distribution will expire and may not be reissued. The Trust Enrollment
Department shall process expired funds in accordance with 123.5-5.
(B) Upon receipt of notice from the Oneida Accounting Department of any
fees incurred by the Nation associated with reissuance of a distribution,
the Trust Enrollment Department shall deduct any such fees from the
reissued distribution. (Fees may include, but are not limited to, stop
payment and direct deposit bank rejection fees).
(i) The Nation shall waive fees if a check is reissued due to an
error on its behalf. A reissue made due to an error on the Nation’s
behalf may not count against the Tribal member as identified in
123.5-2(e)(2)(A).
(f) Refusal of Distributions. An adult or majority age beneficiary may refuse any
distribution due to him or her, including a trust account distribution, by completing a
refusal form available with the Trust Enrollment Department. However, if the Judiciary
has approved an attachment of an adult distribution, only the remaining portion of the
distribution, if any, may be refused. Majority age beneficiary and legally incompetent
adult distributions are not attachable.
(1) Upon submitting the refusal form to the Trust Enrollment Department, the
adult or majority age beneficiary irrevocably waives his or her right to the specific
distribution as indicated on the form.
(2) Tribal members seeking to refuse a distribution shall submit refusal forms in
accordance with sections 123.5-2(b)(1)(A) and 123.5-2(b)(2)(A).
(3) The Trust Enrollment Department shall process refused distributions in
accordance with 123.5-5.
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123.5-3. Deceased Tribal Members.
(a) Deceased Tribal Member Distribution Forms. Tribal members are eligible to receive
a distribution so long as the Tribal member has complied with the distribution documents
and/or distribution rule(s) requirements. This includes distributions identified to be
deposited to a trust account. The estate of a deceased Tribal member may not submit a
membership distribution form on behalf of the deceased to claim a distribution. The
Tribal member is only eligible for the distribution if the Tribal member either personally
or through an appointed representative submits the distribution form while the Tribal
member is still living. Should a Tribal member become deceased after submitting the
required distribution form, but before the distribution date, the Trust Enrollment
Department shall continue to issue the distribution in the name of the deceased Tribal
member. The Trust Enrollment Department shall not reissue any distributions in the
name of any claimant or the decedent’s estate.
(b) Deceased Minor/Majority Age Beneficiary or Legally Incompetent Adult.
(1) When there is a Beneficiary Designation Form on Record. A minor/majority
age beneficiary’s or a legally incompetent adult’s trust account balance upon
death is inheritable upon the date of the beneficiary’s death in accordance with the
most recent beneficiary designation form on record as applicable. Within thirty
(30) calendar days of learning of a minor/majority age beneficiary’s or legally
incompetent adult’s death, the Trust Enrollment Department shall provide notice
of any remaining trust account balance to the designated beneficiary using the last
address on file. Should a designated beneficiary claim the remaining trust
account balance, the Trust Enrollment Department shall issue the distribution in
the name of the first available designated beneficiary(s). If a designated
beneficiary does not request distribution of the remaining balance of a trust
account within one (1) year after the Trust Enrollment Department’s date of
notice, the Trust Enrollment Department shall liquidate and deposit the trust fund
account as follows:
(A) For the remaining balance in minor/majority age beneficiary’s trust
account, to the Oneida Youth Leadership Institute.
(B) For the remaining balance in a legally incompetent adult’s trust
account, to the General Fund.
(2) When there is No Beneficiary Designation Form on Record. The Trust
Enrollment Committee shall establish rules defining potentially interested parties
in the event there is no signed beneficiary designation form on record. The Trust
Enrollment Committee shall also include in such rules notice provisions that put
those potentially interested parties on notice that the Nation has a probate process
and the potential consequences of a failure to comply with the probate process.
Where a distribution is issued in accordance with the issuance of a domiciliary
letter naming a personal representative of the estate, the Trust Enrollment
Department shall issue the distribution in the name of the estate of the
minor/majority age beneficiary or the legally incompetent adult.
123.5-4. Relinquishment of Tribal Membership. Tribal members are ineligible for any current,
1 O.C. 123 – Page 11

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future and/or prior per capita payment distributions as of the date his or her Tribal membership is
relinquished.
(a) Relinquished Adult. The Trust Enrollment Department shall process funds set aside
for a relinquished adult’s distribution in accordance with 123.5-5.
(b) Majority Age/Minor Beneficiary Relinquishment. Upon a majority age/minor
beneficiary’s relinquishment the following provisions apply:
(1) The Trust Enrollment Department shall deposit any funds in a trust account
for a majority age/minor beneficiary in a joint savings account in the name of the
Trust Enrollment Committee and the relinquished majority age/minor beneficiary.
(2) A relinquished majority age/minor beneficiary is eligible to claim the joint
savings account if he or she is eighteen (18) years of age by September 1st of the
distribution year and submits the majority age distribution form by July 1st of the
same year. In addition, a relinquished majority/minor age beneficiary shall claim
any remaining funds held in the joint savings account prior to the first distribution
following his or her twenty-first (21st) birthday.
(3) A relinquished majority age/minor beneficiary may refuse his or her joint
savings account funds at the age of eighteen (18). The proof of education
requirement is not required to refuse joint savings account funds, however the
relinquished majority age/minor beneficiary shall satisfy the requirements of
section 123.5-2(f).
(4) The Trust Enrollment Department shall follow the Trust Enrollment
Committee’s standard operating procedure for allocating any fees necessary for
the establishment and maintenance of a relinquished majority age/minor
beneficiary’s joint savings account to the said account.
(5) The Trust Enrollment Department shall deposit any unclaimed joint savings
account funds in a Pooled Account in accordance with section 123.5-5.
(c) Legally Incompetent Adult Relinquishment. Upon a legally incompetent adult’s
relinquishment the Trust Enrollment Department shall disburse any funds in a trust
account for the legally incompetent adult to the guardian of the legally incompetent adult.
(1) If the trust account funds for a legally incompetent adult are not claimed
within one (1) year after the date of relinquishment, the Trust Enrollment
Department shall liquidate and deposit the trust fund account in accordance with
123.5-5.
123.5-5. Pooled Account. Pooled account funds are identified by the Trust Enrollment
Department, to be used for a purpose designated by General Tribal Council. Pooled account
funds result from the following.
(a) Expiration of Unclaimed Per Capita Payments. Tribal Members’ rights to unclaimed
Per Capita Payments expire upon the occurrence of any one (1) of the following:
(1) A Tribal member submits a refusal form under 123.5-2(f);
(2) A Tribal member fails to request a prior distribution or trust account funds
within the time provided under this law and/or the Per Capita Trust Agreement;
(3) An adult receives a distribution in accordance with 123.5-3(a) and the
distribution is not redeemed within one (1) year of the date of distribution;
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(4) The estate of a deceased majority age/minor beneficiary fails to request
distribution of the trust account within the time provided under 123.5-3(b); or
(5) The guardian of a deceased legally incompetent adult fails to request
distribution of the trust account within the time provided under 123.5-3(c).
123.6.
Minor/Majority Age Beneficiaries and Legally Incompetent Adults
123.6-1. Minor Beneficiaries. This section sets forth a consistent method to protect and
preserve the interests of minor beneficiaries in any distribution to which a minor beneficiary may
be eligible. All distributions to minor beneficiaries are governed by this law, IGRA, the Tribal
Revenue Allocation Plan and the Per Capita Trust Agreement.
(a) The Trust Enrollment Committee. The Trust Enrollment Committee shall establish
standard operating procedures for setting up, monitoring and distributing the trust
accounts. The Trust Enrollment Committee may choose to maintain pooled or individual
accounts, separate accounts for each distribution or series of distributions, or any other
combination which is in the best interests of the beneficiaries and which is consistent
with the terms of the Per Capita Trust Agreement and the Trust Enrollment Committee’s
investment policy.
(1) The Trust Enrollment Committee is responsible for the protection and
preservation of per capita payment funds for beneficiaries. As part of that
responsibility, the Trust Enrollment Committee shall complete and issue any
necessary reports to the beneficiaries. The Trust Enrollment Committee shall
develop rules, which establish valuation dates and frequency of reports and
identify data critical to the completion of the reports. The Trust Enrollment
Committee may delegate such reporting responsibilities to duly selected vendors.
(b) Costs of Account. The Trust Enrollment Department shall apply administrative costs
related to a trust account to the said account. Administrative costs are those costs related
to third party fees and expenses resulting from managing the accounts. Administrative
costs do not include any costs related to the expenses of the Trust Enrollment Committee
or Trust Enrollment Department.
(c) No Guarantee. It is the Trust Enrollment Committee’s responsibility to invest
beneficiaries’ distributions in accordance with the Per Capita Trust Agreement. Because
the market affects the value of trust accounts, beneficiaries are not guaranteed any
specific amount of distribution made prior to becoming a majority age beneficiary.
(d) Disbursement to Majority Age Beneficiaries. Disbursement of trust account funds to
majority age beneficiaries is governed by the Per Capita Trust Agreement, provided that
to be eligible for a distribution, the majority age beneficiary is required to:
(1) Meet the age and education requirements where:
(A) If the majority age beneficiary has proof of education by September 1st
of the distribution year as required by the Per Capita Trust Agreement, he
or she is eligible for distribution at eighteen (18) years of age.
(B) If the majority age beneficiary does not have proof of education by
September 1st of the Distribution year as required by the Per Capita Trust
Agreement, he or she remains eligible to claim their trust account funds
1 O.C. 123 – Page 13

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upon reaching twenty-one (21) years of age.
(C) Exceptions. The following Tribal members are exempt from the
requirement to provide proof of education in order to be eligible for a
minor trust account distribution prior to reaching twenty-one (21) years of
age:
(i) Majority age beneficiaries declared to be a legally incompetent
adult under 123.6-2. In such circumstances, the Trust Enrollment
Department shall liquidate and deposit any funds from the minor’s
trust account into a legally incompetent adult trust account.
(ii) Majority age beneficiaries who have documentation of learning
or other disability from a professional qualified to make such a
diagnosis and who are able to present a certificate of attendance
showing he or she has attended twelve (12) years of school. In
such circumstances, that certificate of attendance is deemed the
equivalent to proof of education.
(D) Fraudulent Proof of a Diploma. In the event the Trust Enrollment
Department deems that a majority age beneficiary has submitted
fraudulent proof of education, the Trust Enrollment Department shall:
(i) If distribution has not been made to the Tribal member,
withhold distribution of the trust account funds until the
requirements of this law have been met;
(ii) Impose a fine against the Tribal member of one-third (1/3) of
the Tribal member’s entire trust account funds;
(iii)Notify the Tribal member of the following:
(a) His or her proof of education has been deemed
fraudulent;
(b) If not already distributed to the Tribal member, the trust
account funds may not be distributed until he or she
submits valid proof of education or reaches twenty-one (21)
years of age;
(c) A fine of one-third (1/3) of the Tribal member’s entire
trust account funds has been imposed; and
(d) How to appeal the Trust Enrollment Department’s
determination of the fraudulent proof of education,
including any applicable time limits.
(iv) If necessary to satisfy the fine, take action to have the Tribal
member’s future per capita payments attached in accordance with
this law.
(v) Deposit any funds collected to pay a fine imposed pursuant to
this section in a pooled account in accordance with 123.5-5.
(2) Complete and submit a majority age beneficiary distribution form and/or
deferral payment agreement by July 1st of the distribution year. A majority age
beneficiary may postpone distribution of all or some of his or her trust account
1 O.C. 123 – Page 14

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funds by entering into a deferral payment agreement pursuant to the Per Capita
Trust Agreement.
123.6-2. Legally Incompetent Adults. This section sets forth a consistent method to protect and
preserve the interests of legally incompetent adults in any distribution for which they may be
eligible. If a distribution includes legally incompetent adults as eligible recipients, the Trust
Enrollment Department shall deposit such distributions into a trust account in accordance with
the Tribal Revenue Allocation Plan and IGRA.
(a) The Trust Enrollment Committee. The Trust Enrollment Committee shall establish
standard operating procedures for setting up, monitoring, and distributing trust accounts.
When an adult is declared legally incompetent, the Trust Enrollment Department shall
place any distribution that is claimed on his or her behalf in a trust account for health,
welfare and/or education expenses. The Trust Enrollment Committee shall develop rules
for determining when a guardian qualifies for distribution from an established trust
account.
(b) Reversal of Incompetency. If a court of competent jurisdiction determines that an
adult is no longer legally incompetent, the adult shall provide the Trust Enrollment
Department with a certified copy of the order. Provided that the adult is eligible for the
distribution and has followed the processes required under this law, upon receipt of an
order reversing incompetency, the Trust Enrollment Department shall distribute any
funds held in the trust account for the legally incompetent adult to the adult now deemed
competent.
123.6-3. Beneficiary Designation Forms. The Trust Enrollment Department shall provide all
minor/majority age beneficiaries and legally incompetent adults with beneficiary designation
forms which name a beneficiary to inherit any remaining trust account balance in the event of the
minor/majority age beneficiary’s or legally incompetent adult’s death. Once every year, the
Trust Enrollment Department shall mail such forms out to newly enrolled Tribal members, all
persons that became a majority age beneficiary in that year and Tribal members declared a
legally incompetent adult in that year or had a new guardian appointed in that year. The
beneficiary designation form is required to include the following:
(a) An explanation of the effect of and benefits to designating a beneficiary(s);
(b) An explanation of the potential consequences to not naming a beneficiary(s); and
(c) A signature field for the applicable of the parent/guardian or majority age beneficiary
with an explanation of when each party is expected to sign.
123.7.
Per Capita Actions
123.7-1. The Oneida Judiciary is granted jurisdiction to hear complaints filed regarding actions
taken pursuant to this law and/or rules.
123.7-2. No administrative hearing body, including a board, committee or commission, is
authorized to hear a complaint regarding actions taken pursuant to this law and/or rules.
123.7-3. In regards to taking actions authorized under this law, complaints filed with the
Oneida Judiciary shall name the Trust Enrollment Department.
End.
Adopted - BC-7-12-00-B
Emergency Amendments – BC-01-03-01-B

1 O.C. 123 – Page 15

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Emergency Amendments - BC-2-28-01-E
Amendments - BC-11-06-02-A (Elder Per Capita)
Emergency Amendments - BC-6-25-03-G (Child support priority for attachment)
Amendments - BC-6-16-04-C (Child support priority for attachment)
Emergency Amendments - BC-9-12-07-A (one-time per capita payment)
Amendments – BC-04-22-09-A (High School Diploma; legally incompetent adults)
Emergency Amendments – BC-06-08-11-D (Fraudulent diploma; dual enrollments)
Emergency Amendments extended – BC-11-09-11-E (Fraudulent diploma; dual enrollments)
Amendments Adopted – BC-05-09-12-B (Fraudulent diploma, dual enrollments)
Emergency Amendments – BC-09-12-12-A (Change in distribution date) Expired 3-12-13
Amendments Adopted – BC-08-14-13-D

1 O.C. 123 – Page 16

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Title 1. Government and Finances – Chapter 123
PER CAPITA
Shakotiw$> Stawih# Olihw@=ke

Issues concerning where they give the money

123.1. Purpose and Policy
123.2. Adoption, Amendment, Repeal
123.3. Definitions
123.4. General

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123.5. Distributions
123.6. Minor/Majority Age Beneficiaries and Legally Incompetent
Adults
123.7. Per Capita Actions

123.1.
Purpose and Policy
123.1-1. Purpose. The purpose of this law is:
(a) To specify the procedure to be followed in the event that per capita payments are
distributed by the Nation; and
(b) To clearly state the responsibilities of the various Oneida entities in the distribution or
maintenance of any such per capita payments.
123.1-2. Policy. It is the policy of the Nation to have a consistent methodology for distribution
of per capita payments, including payments derived from gaming revenues and regulated by
IGRA.
123.2.
Adoption, Amendment, Repeal
123.2-1. This Law is adopted by the Oneida Business Committee by resolution BC-7-12-00-B
and amended by resolution BC-11-06-02-A, BC-6-16-04-C, BC-04-22-09-A, BC-05-09-12-B
and BC-08-14-13-D and ___________.
123.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
123.2-3. Should a provision of this law or the application thereof to any person or
circumstances be held as invalid, such invalidity shall not affect other provisions of this law
which are considered to have legal force without the invalid portions.
123.2-4. In the event of a conflict between a provision of this law and a provision of another
law, the provisions of this law shall control. Provided that this law repeals Oneida Business
Committee resolution 11-06-02-A.
123.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
123.3.
Definitions
123.3-1. This section shall govern the definitions of words and phrases as used herein. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Adult” means a Tribal member who is at least eighteen (18) years of age on or
before September 1st of a given year.
(b) “Arrears” means the amount of money a Tribal member has not paid pursuant to the
most recent child support court order against him or her.
(c) “Court of competent jurisdiction” means the Judiciary, a state or federal court or
another court recognized by the Judiciary as having the jurisdiction to hear and determine
a particular legal proceeding.
(d) “Day” means calendar days, unless otherwise specifically stated.
(e) “Debtor” means a Tribal member owing a debt to an Oneida entity.
(f) “Direct Deposit” means the electronic distribution of funds.
(g) “Distribution” means the transfer of funds to Tribal members.
(h) “IGRA” means the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et.seq.

1 O.C. 123 – Page 1

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(i) “Judiciary” means the Nation’s judicial system, which includes the Family Court,
Trial Court and/or Appellate Court.
(j) “Legally Incompetent Adult” means a Tribal member who is at least eighteen (18)
years of age and has been declared incompetent by a court of competent jurisdiction
pursuant to applicable law.
(k) “Majority Age Beneficiary” means a Tribal member who has reached eighteen (18)
years of age by September 1st and is eligible to claim a trust account for the first time in
the distribution year.
(l) “Minor Beneficiary” means a Tribal member who is less than eighteen (18) years age.
(m) “Nation” means the Oneida Nation.
(n) “Oneida Entity” means a department, board, committee, commission or chartered
corporation of the Nation or the Judiciary.
(o) “Outstanding Check” means a check that has been written by the Nation, but has not
yet cleared the bank on which it was drawn.
(p) “Per Capita Payment” means the amount authorized by the General Tribal Council to
be distributed to Tribal members.
(q) “Pooled Account” means the account set up by the General Tribal Council or Oneida
Business Committee, through resolution, for the purpose of managing undistributed funds
pursuant to the Nation’s laws.
(r) “Proof of Education” means the documents identified in Article III of the Per Capita
Trust Agreement as acceptable to demonstrate that the tribal member has received a high
school diploma or its equivalent.
(s) “Rule” means a set of requirements enacted by the Trust Enrollment Committee
and/or the Trust Enrollment Department in accordance with the Administrative
Rulemaking law based on authority delegated in this law in order to implement, interpret
and/or enforce this law.
(t) “Tribal Member” means an individual who is an enrolled member of the Nation.
(u) “Trust Account” means an account(s) established by the Trust Enrollment Committee
for the purpose of maintaining per capita funds for persons pursuant to the Nation’s
revenue allocation plan, which includes, but is not limited to, minor beneficiaries and
legally incompetent adults.
(v) “Trust Enrollment Committee” means that body designated by the General Tribal
Council to manage the trust funds for the Nation on behalf of Tribal members, and which
is also responsible for the Nation’s enrollment records.
(w) “Trust Fund Accountant” means the third party professionals hired by the Trust
Enrollment Committee to oversee trust accounts established pursuant to this law.
123.4.
General
123.4-1. This section sets forth the responsibilities delegated under this law.
123.4-2. Supersedes. This law supersedes any contradictory language contained in any other
per capita payment plan.
123.4-3. Budgetary Limitations. This law may not be construed as mandating a per capita
payment; per capita payments may only be issued at the direction of the General Tribal Council
through adoption of a resolution.
1 O.C. 123 – Page 2

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123.4-4. Oneida Business Committee. The Oneida Business Committee shall:
(a) Identify and allocate funds available for per capita payments;
(b) Forward approved revenue allocation plans to the Bureau of Indian Affairs;
(c) Transfer funds to the appropriate Oneida entity(ies) pursuant to the Nation’s laws
within a reasonable time frame;
(d) Be responsible for any activities not specifically identified but reasonably related to
the responsibilities in this in this sub-section; and
(e) Enter into a Per Capita Trust Agreement and Memorandum of Agreement with the
Trust Enrollment Committee.
123.4-5. Trust Enrollment Committee. The Trust Enrollment Committee shall:
(a) Manage trust accounts related to per capita payments with fiduciary responsibility;
(b) Maintain the Nation’s membership rolls so that the Trust Enrollment Department can
accurately identify which Tribal members are eligible for distribution;
(c) Provide input to the Finance Department regarding per capita matters included in the
Nation’s revenue allocation plan;
(d) Be responsible for any activities not specifically identified but reasonably related to
the responsibilities in this sub-section; and
(e) Enter into a Per Capita Trust Agreement and Memorandum of Agreement with the
Oneida Business Committee.
123.4-6. Trust Enrollment Department. When a per capita payment is approved, the Trust
Enrollment Department shall:
(a) Develop and finalize a list of the eligible distribution recipients broken down into the
following categories: minor beneficiaries, majority age beneficiaries, legally incompetent
adults, adults and elders. For the purposes of this section, elder means a Tribal member
who meets the age requirements as of December 31st of a given year to be eligible for an
elder distribution as determined by the effective General Tribal Council Resolution.
(b) Provide the finalized list of Tribal members eligible to receive the distribution to the
Oneida Accounting Department and trust fund accountant.
(c) Send membership distribution and trust account forms and receipts related to
approved per capita payments.
(d) Manage and maintain the Enrollment Database including, but not limited to,
membership and distribution information.
(e) Process the distribution data and forward the data to the Oneida Accounting
Department and trust fund accountant.
(f) Ensure the availability and liquidity of funds for transfer of the trust funds under the
authorization of the Trust Enrollment Committee.
(g) Provide fund transfer instructions to the relevant initiating institution: the custodial
bank or the Oneida Accounting Department.
(h) Work with the Trust Enrollment Committee to establish any necessary trust accounts.
(i) Monitor all trust accounts for the purposes of necessary reporting, claims and
distribution verification.
(j) Record issued, voided, redeemed, and outstanding check distributions in the
Enrollment Database.
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(k) Complete trust account reconciliations.
(l) Calculate attachment amounts for collection of Oneida entity debts and implement
Oneida entity attachments.
123.4-7. Oneida Accounting Department. When a per capita payment is approved, the Oneida
Accounting Department shall:
(a) Initiate and complete the funds transfer upon receipt of funds transfer instructions
from the authorizing Oneida entity and shall ensure that the physical movement of funds
happens no later than one (1) business day prior to the distribution date.
(b) Record issued, voided and outstanding check distributions on the general ledger.
(c) Complete bank account reconciliations.
(d) Process per capita distribution to the payables ledger.
(e) Perform all activities related to fiscal and calendar year end processes, including
providing tax documents and tax reporting as required by applicable law.
(f) Submit notice of any fees associated for reissuance of a distribution to the Trust
Enrollment Department, in accordance with sections 123.5-2(d)(1) and 123.5-2(d)(2).
123.4-8. Tribal Treasurer. The office of the Oneida Treasurer shall identify funds and shall
timely transfer the necessary amount of relevant funds to the Trust Enrollment Committee, the
trust fund accountant and the Oneida Accounting Department.
123.4-9. Attachments. Per capita payments are benefits offered by the Nation to Tribal
members. All per capita payments, except distributions to or from a trust account for a
beneficiary, may be subject to attachment prior to distribution in accordance with this section.
Entities seeking to attach a per capita payment shall follow the timelines identified in this law.
(a) Per capita payments may only be attached for the following purposes, and in the
following order:
(1) Child support arrears ordered by a court of competent jurisdiction. After child
support arrears are fully satisfied, the Trust Enrollment Department shall apply
any remaining per capita payments for the payment of debt owed to an Oneida
entity.
(A) If a Tribal member owes arrears in more than one (1) child support
order, the Oneida Nation Child Support Agency shall equally divide the
per capita payment based on the number of court orders under which
arrears are owed.
(2) Debt owed to an Oneida entity that is past due. After child support arrears and
debt owed to an Oneida entity have been fully satisfied, the Trust Enrollment
Department shall apply any remaining per capita payment for the payment of a
federal tax levy.
(A) “Debt owed to an Oneida entity” includes any money owed to an
Oneida entity and any fines that have been issued by an Oneida entity.
(B) If a Tribal member owes debt to more than one (1) Oneida entity, the
Trust Enrollment Department shall equally divide the per capita payment
based on the number of Oneida entities that are owed debt.
(3) A federal tax levy.
(b) If the amount of the per capita payment exceeds the amount of the attachment, the
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Trust Enrollment Department shall distribute the remaining balance to the Tribal
member, provided the Tribal member has met the distribution requirements contained in
this law. If there is a remaining unclaimed balance, the Tribal member may request it to
be distributed as provided in 123.5-2(e). The Trust Enrollment Department shall deposit
any remaining refused balance in accordance with 123.5-5.
(c) Child Support Attachments. Claimants or their designated representative shall submit
all requests for attachments for child support arrears to the Oneida Nation Child Support
Agency.
(1) After receiving an initial attachment request for child support arrears, the
Oneida Nation Child Support Agency shall send a one-time notice and a voluntary
federal income tax withholding request form to those Tribal members whose per
capita payment will be attached for child support arrears.
(2) The Oneida Nation Child Support Agency shall prepare a certified accounting
of all attachment requests and forward the accounting to the Judiciary.
(3) The Trust Enrollment Department may not process an attachment of a Tribal
member’s per capita payment to collect child support arrears without first having
received an order of determination issued by the Judiciary.
(4) After the child support arrears have been satisfied, if an attachment request is
submitted for the same Tribal member’s per capita payment based on new child
support arrears, the Oneida Nation Child Support Agency shall issue another onetime notice and federal income tax withholding form in accordance with 123.49(c)(1).
(d) Oneida Entity Debt Attachments. Oneida entities are not required to receive an
attachment order from the Judiciary prior to initiating a per capita payment attachment
unless an attachment hearing is requested under section 123.4-9(d)(5).
(1) Notice of Indebtedness. Prior to initiating an attachment, the Oneida entity
owed the debt shall provide written notice of indebtedness to the debtor by first
(1st) class mail at the debtor’s last known address.
(A) Frequency of Notice. Oneida entities shall send debtors notice of
indebtedness for each month a debt is owed with each notice being sent a
minimum of thirty (30) calendar days apart. Oneida entities shall send
two (2) consecutive monthly notices prior to the debt becoming eligible
for attachment.
(B) Notice Content. Oneida entities shall include the following in their
notices of indebtedness:
(i) How many notices of indebtedness have been provided prior to
the subject notice and the dates of all prior notices;
(ii) The amount of the debtor’s indebtedness;
(iii)Information for making payment on the debt; and
(iv) An explanation that if the debt is not paid in full within thirty
(30) calendar days from the date of the second consecutive
monthly notice, the entity may initiate an automatic attachment of
the Tribal member’s per capita payment.
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(2) Initiating an Attachment. After thirty (30) calendar days have lapsed since the
Oneida entity sent the second consecutive monthly notice of indebtedness, the
Oneida entity may initiate an attachment by providing the debtor with a final
notice of indebtedness with intent to attach. The Oneida entity shall send the final
notice to the debtor by certified mail. Additionally, the Oneida entity shall post
notice of intent to attach in the Nation’s newspaper, where such notice includes
only the debtor’s name, the Oneida entity owed a debt and the Oneida entity’s
contact information for payment. The Oneida entity shall submit its request to
post to the newspaper at the same time as the final notice with intent to attach is
mailed in order to ensure that notice is posted in the newspaper a minimum of ten
(10) business days before the close of the debtor’s thirty (30) calendar day time
period to resolve the debt or request an attachment hearing.
(A) The Oneida entity shall include the following in the final notice of
indebtedness with intent to attach:
(i) The dates of all prior notices of indebtedness provided to the
debtor;
(ii) The amount of the debtor’s indebtedness;
(iii)Information for making payment on the debt;
(iv) An explanation that this is the final notice and the Oneida
entity has by this final notice initiated an attachment against the
debtor;
(v) An explanation that if the debt is not paid in full within thirty
(30) calendar days from the date of the final notice of indebtedness
with intent to attach that the Trust Enrollment Department will
automatically attach the debtor’s available per capita payment in
order to satisfy the debt;
(vi) An explanation that the debtor may request an attachment
hearing with the Judiciar

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A1c6462cb1c170109. Public record. Not legal advice.