COOPERATIVE GOVERNANCE AGREEMENT BETWEEN (2017)

COOPERATIVE GOVERNANCE AGREEMENT BETWEEN

ONEIDA NATION AND TOWN OF ONEIDA

THIS AGREEMENT, by and between the ONEIDA NATION (the "Nation"), a federally

recognized Indian Tribe and Treaty Tribe, and the TOWN OF ONEIDA (the "Town"), a town

government organized under the laws of the State of Wisconsin (collectively, the "parties"),

WITNESSETH:

WHEREAS,

the Nation and the Town enjoy a relationship of mutual trust and respect; and

WHEREAS,

the Nation and the Town have been and continue to be good neighbors. and desire

the spirit of cooperation between the two governments to continue; and

WHEREAS,

the Oneida Reservation was established pursuant to the 183 8 Treaty with the Oneida,

7 Stat., 566, and encompasses approximately 65,400 acres; and

WHEREAS,

the boundaries of the Oneida Reservation and the boundaries of the Town overlap,

and the Town is entirely within the Oneida Reservation; and

WHEREAS,

both the Nation and the Town provide services which benefit people and properties

within the Oneida Reservation and the Town, and both agree that a cooperative

intergovernmental agreement provides the best framework to ensure the services

provided are based in good governance principles and best practices; and

WHl~REAS,

the Town derives revenue from the taxation of real property, among other things:

and

WHEREAS,

Oneida Trust Lands are exempt from state taxation due to the Nation's status as a

sovereign; and

WHEREAS,

both the Nation and the Town exercise jurisdiction and provide governmental

services within their respective territories, and both recognize the importance of

collaborative efforts to mitigate costs associated with providing governmental

services; and

WHEREAS,

the ~ation and Town are vvi lling to recognize the value of services provided by each

respective government, and

WHEREAS.

it is mutually beneficial to both governments to put their understandings in writing;

and

WHEREAS,

the Town of Oneida is a Wisconsin Muntcipality created

Outagamie County, Wisconsin.

111

1910 located tn

THEREFORE, the Nation and the Town hereby agree to the follo\Ying terms and conditions:

1.

DEFINITIONS.

For the purposes of this Agreement, the following terms shall have the

following meanings:

a.

"Class Ill Gaming" has the meaning ascribed to it in the Indian Gaming Regulatory

Act, 25 U.S.C. § 2703(8).

b.

"Gaming Compact" means an agreement entered into between the Nation and the

State of Wisconsin pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. §2701,

et seq., for the conduct of Class III Gaming on the Nation's Indian lands within the

State of Wisconsin.

c.

"Governmental Purposes" means the use of land by the Nation's programs,

departments, or agencies in furtherance of the Nation's governmental services or

responsibilities, or the dedication of land for the promotion of the general health and

welfare. Governmental Purposes include, but are not limited to, use of land for law

enforcement facilities, social service facilities, health care facilities, governmental

offices, and parks and trails. Governmental Purposes does not include the use of

land for gaming facilities or other commercial activities which are intended to

gencrak revenue.

d.

"Neighborhood, Peace and Safety Laws" means zoning, building code, mnsance,

land use, and fire regulations.

e.

"Oneida Reservation" or "Reservation" means the land set aside for the use and

occupancy of the Nation and its members pursuant to the 1838 Treaty with the

Oneida, 7 Stat., 566, encompassing approximately 65,400 acres.

f.

"Tribal Fee Land" means land to which the Nation holds title in fee simple.

g.

"Tribal Land" means Tribal Fee Land on the Reservation and Trust Land.

h.

"Tribal Member" means a duly enrolled member of the Oneida Nation.

1.

''Tribal Trust Land" means land to which the United States holds title for the benefit

ofthe Nation pursuant to federal law.

2.

TERM. The initial term of this Agreement shall be five (5) years, commencmg on August

1, 2016 and ending on July 31, 2021, and shall automatically renew for additional

successive five (5) year terms, unless either party serves notice of non-renewal on the other

party during the period of July 1 through July 31 in a year in which the Agreement would

otherwise automatically renew.

3.

TOWN OF ONEIDA FIRE DEPARTMENT AND FIRST RESPONDERS. The Nation

recognizes and supports the Town's commitment to ensure the safety of the entire

community through the operation of the Town Fire Department and First Responder

program. The Nation and the Town agree the Fire Department and First Responders engage

at emergencies involving properties owned by the Nation or tribal members.

In order to assist the Fire Depmiment to be prepared to respond to tire emergencies on

commercial prope1iies and apa1iment complexes and other multi-family units owned and

controlled by the Nation and located within the Town, the Nation shall:

4.

a.

Make all floor plans for buildings located on such properties available to the Town

Fire Department, and meet at least triennially with the Town Fire Department,

commencing in 2016, to ensure all floor plans are current.

b.

In the event the Town Fire Department determines it needs to view or conduct drills

on such properties in order to better prepare to respond to a fire emergency, the

parties shall coordinate regarding the safety procedures to be followed and a time

for the Town Fire Department officers to view or conduct drills on such properties.

c.

The Oneida Nation agrees to provide to the Town of Oneida Fire Department all

pre-fire plans for business buildings which are located on Oneida Nation lands and

are under the Oneida Nation's control and pre-fire plans for the location· of all fire

hydrants now existing and when installed in new construction. This information is

valuable to the Town Fire Depa1iment as it responds to tires within the jurisdiction

of both parties to this agreement.

NEIGHBORHOOD PEACE AND SAFETY

a.

Each party retains all of its legislative and enforcement powers. Where feasible, the

pmiies may enter into Memoranda of Agreement to address areas which may need

more detailed processes to implement joint enforcement efforts of the patties.

b.

Nothing in this Agreement is meant to impair any individual from bringing a private

cause of action against Tribal Members for actions including, but not limited to,

trespass or contract disputes.

c.

Nothing in this Agreement is meant to exempt Tribal Members from the application

of state criminal laws.

d.

The Nation has laws which address zoning, building, nuisance, land use and fire

safety regulations ("Peace and Safety Regulations"), and which are applicable to the

Nation, Tribal Members, and individuals and businesses leasing, occupying or

otherwise using Tribal Land. These include, but are not limited to, the following

chapters ofthe Nation's Code of Laws, found on the Nation's website:

1)

Chapter 66, Building Code;

2)

Chapter 68, Condominium Ordinance;

3)

Chapter 69, Zoning and Shoreland Protection Law

https :/I oneida-nsn. govI government/register/laws/

e.

The Nation will enact Peace and Safety Regulations at least a~. stringent as the

Town's Peace and Safety Regulations to be applicable to the Nation, Tribal

Members, and individuals and businesses leasing, occupying or otherwise using Tribal

Land located in the Town.

f.

Town ordinances addressing Peace and Safety Regulations may have fees associated with

permits which are less costly than those charged by the Nation. To maintain consistency

within the Town limits, the Nation will match the Town permit fee (ifthe fee is lower) for

friba! Members for activities occurring in the Town.

In addition, the Nation and the Town will collaborate to explore the possibility of

establishing shared/ reciprocal permitting processes.

g.

5.

Each party agrees to designate one representative who will serve as a single point of

contact for all matters relating to this section. The

parties'

designated

representatives are listed in Attachment A, and the each party shall update its

designated representative from time-to-time as necessary through written notice to

the other party.

The Town agrees to forward Peace and Safety Regulation issues

concerning the Nation, tribal members, and individuals and businesses leasing,

occupying or otherwise using Tribal Land to the Nation's designated representative

for follow-up action.

COOPER!\. TIVE ROAD MAINTENANCE, REPAIR AND CONSTRUCTION

a.

Initial Meeting and Annual Meetings. Within three months of the effective date

of this Agreement, the parties agree to meet to establish an initial set of priorities

for maintenance, repair, and construction of Town, Nation, and BIA roads. These

priorities may be adjusted as needed by agreement of both parties.

The parties further agree to meet twice annually to discuss issues related to road

maintenance, repair and construction. The first meeting shall take place within two

weeks of the Town's determination to lift the weight limits on roads due to the

spring thaw.

At this meeting the parties shall validate road inventories, set

priorities for maintenance, repair and construction, and review long-term plans. The

second meeting shall take place within the first two weeks of September. At this

meeting the parties shall review road inventories to determine what maintenance

and repairs are required before winter.

6.

b.

Tribal Contribution to Town Road Maintenance and Repair. The Town may

allocate such portion of the compensation set forth in section 8 of this Agreement

towards road repair and maintenance as it deems to be in the best interest of the

Town.

c.

Contact Persons. Each party agrees to identify at least one individual v. ho will

serve as a contact person for road maintenance and repair issues. The parties'

contact persons are listed in Attachment A, which the parties shall update from

time-to-time as necessary, but not less than annually.

POLICE SERVICE. The Town recognizes and supports the Nation's commitment to

ensure the safety of the entire community through the operation of the Nation's Police

Department. The Nation agrees to ensure best practices are followed between the Nation's

Police Department and Outagamie County Sheriff's Department for proper policing

protocols and communication between the agencies.

7.

8.

ENVIRONMENTAL PROTECTION AND LAND USE.

a.

The parties recognize both governments provide services, act1vmes and events

which benefit the community as a whole (e.g. waste disposal, household clean

sweep event). When feasible, the parties agree to work cooperatively on such

services, activities, and events to ensure environmental goals, including water

protection and habitat restoration, are being achieved for the benefit of the entire

community and in accordance with any approved plans, subject to the Town's obligations

to Outagamie County under the Responsible Unit Scope of Services Agreement between

the Town and Outagamie County and any executed amendments thereto ("RU

Agreement").

b.

The Nation agrees to provide solid waste collection services to all Town residents who

voluntarily choose to purchase these services from the Nation, provided that the Town

promotes the voluntary service by informing residents that greater participation

lowers the cost of services. The Nation agrees to ensure that its contractor accounts, on

a "tonnage" percentage basis, any solid waste collected from nonmember Town resident

households that is tipped at the Brown County solid waste transfer station, and reports

such accounting to the Outagamie County Director of Solid Waste or his or her designee.

The accounting shall include monthly household collection totals.

c.

The pariies agree to discuss the possibility of the Nation providing recycling collection

services to Town residents as soon as is practical and consistent with the Town's

obligations under the RU Agreement. Any agreement reached by the parties regarding the

Nation's provision of recycling collection services may be memorialized in an amendment

or addendum to this Agreement or in a separate Memorandum of Understanding.

COMPENSATION.

a.

Annual Payment. As compensation for services provided by the Town to Tribal

Trust Properties, the Nation shall make annual payments to the Town, in

accordance with the following schedule:

2016-2020

2021-2025

2026-2030

203 l and thereafter

$150,000/year

$165,000/year

$180,000/year

$195,000/year

The Nation's obligation to make payments shall immediately cease in the event

either party serves a notice of non-renewal on the other party pursuant to section 2,

or this Agreement is terminated pursuant to section 15.

b.

Invoices and Payment. On or before September 1st of each year, the Town will

submit an invoice to the Nation reflecting the amount agreed upon in this

agreement. The Nation will make payment to the Town on or before November 1st

of each year.

c.

Town Fire Department and First Responders. Town Fire Department and First

Responders. The Nation recognizes the financial and human resources the Town

must commit to maintaining the Town Fire Department, and both parties agree that

a collaborative approach to identifY additional funds for the Town Fire Department

is necessary. The pariies therefore agree as follows:

1)

The Town will, where appropriate, utilize the Nation's resources and

technical capabilities of seeking and acqumng grants, and the Nation

commits to actively seek and apply for grants on behalf of the Town Fire

Department, as approved by the Town.

2)

Where necessary, the parties agree to work cooperatively to apply, report,

and manage any awarded grants under separate memoranda of agreement or

similar government-to-government documents.

9.

ONEIDA LAND INTO TRUST. The Town will not oppose the Nation's applications to

place Tribal Fee Land into trust during the term of this Agreement.

10.

INFORMATION SHARING. The Nation and the Town will collaborate on mapping and

share data bases concerning issues of mutual interest and concern such as, but not limited to,

fees charged for permits, parcel information, zoning, land use, land ownership status, census

information, archeological/historical background (with certain limitations on sen'sitive sites

and public access), utilities, roads and rights of way, etc. In order to support and foster

mutual cooperation under this Agreement, the Nation and the Town shall meet at least once

annually in the month of March.

11.

COST MITIGATION.

The Nation designates its Chairman and the Town designates its

Chairman (or their delegates) to accept and review proposals regarding potential cost saving

measures related to governmental services provided by both parties (e.g. road improvement

as identified in section 5).

12.

DISPUTE RESOLUTION.

a.

Open Communication. The parties agree the first step solving disagreement is to

practice open communication. The parties therefore agree to meet in person to lay

out the premises of disagreements which may arise, and to discuss proposed

solutions. The parties will work to achieve consensus on solutions and make good

faith efforts toward implementing identified resolutions.

b.

Negotiation. If either party believes the other has failed to comply with the

requirements of this Agreement, or if a dispute arises over the proper interpretation

of any provision of this Agreement, then either party may initiate negotiation by

serving a written notice on the other identifYing the specific provision or provisions

of the Agreement in dispute and specifYing in detail the factual basis for any alleged

non-compliance and/or the interpretation of the provision of the Agreement. Within

thirty (30) days of service of such notice, representatives designated by each party

shall meet in an effort to resolve the dispute through negotiation.

c.

Mediation. If either pmiy believes the other has failed to comply with the

requirements set forth in this Agreement or if there is a dispute over the proper

interpretation of any provision of this Agreement, the parties may agree in writing to

settle the dispute by non-binding mediation,

13.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties

and supersedes ail prior oral and written agreements between the parties on the subject

matters addressed herein. This Agreement does not affect the current Payment In Lieu of

Taxes Agreement currently in place between the Town and the Nation relating to property

under the control of the Oneida Housing Authority.

14.

AMENDMENT. Either party may propose amendments to this Agreement at any time. No

amendment or modification of this Agreement will be effective unless the amendment or

modification is set forth in writing and agreed to and executed by both parties. The parties

may agree to non-binding mediation for disputes regarding proposed amendments, but such

disputes shall not otherwise be subject to dispute resolution or arbitration.

15.

TERMINATION. This Agreement may be terminated in one of two ways:

1) this

Agreement will immediately terminate and cease to be effective in the event the Nation

ceases to conduct Class III Gaming pursuant to a Gaming Compact with the State of

Wisconsin; or 2) the parties may terminate this Agreement by mutual agreement, provided

that such agreement is reduced to writing and sigHed by both parties. Upon termination,

neither party shall have any fut1her obligation under this Agreement.

16.

NOTICE.

Notice provided under this Agreement must be in writing and must be sent by

certified mail, return receipt requested, to:

Oneida Nation Chairman, P.O. Box 365, Oneida, WI 54155

and/or

Oneida Town Chairman, N6593 County Rd H, Oneida, WI 54155

17.

SEVERABILITY. If any provision of this Agreement is determined to be invalid under the

laws of the United States, the Nation or the State, such invalidity will not affect the validity

of the remaining provisions of this Agreement.

18.

PRESERVATION OF JURISDICTION. Nothing in this Agreement is intended to be a

grant of jurisdiction from one party to another. This Agreement is not intended to alter the

existing jurisdiction of any party, and by approving this Agreement, neither pmiy is agreeing

or conceding to any jurisdiction of the other pm1y which would not otherwise exist under the

law.

19.

NO THIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the

sole protection and benefit of the Nation. and the Town, and is not intended to create any

right, benefit, obligation, or cause of action, whether direct or indirect, for any person or

entity not a signatory to this Agreement.

IN WITNESS WHEREOF the parties have set their hands and seal on the date listed below.

TOWN OF ONEIDA

Date:

Date:

By:

1-1'1.

Date:

By:

~~-~

..~<>

GARY S'

:?'

UMBERG,

Chair~-

~/40th

TERRY HO' , Supervisor

By:

RANDALL L. ROBERTSON, Supervisor

Seal of Town of Oneida

cw

Date:

7•/t-1 Iii! 1•

Date:

Seal ofthe Oneida Nation

ONEIDA NATION

By:

By:

ATTACHMENT A

Pursuant to sections 4.g. and S.c. of this Agreement, the contact persons are as follows:

For the Oneida Nation:

James Petitjean

N7332 Water Circle Place

P.O. Box 365

Oneida, WJ 54155

Phone number is: 920-869-1600, ext. 4574

For the ToV{J1 of Oneida:

Jennifer Andersen, Town Clerk

N6593 County Rd. H.

Oneida, WI 5~ 15 5

Phone number: 920-833-2211