Oneida Business Committee (2025)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill Center

September 17, 2025

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. September 3, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Higher Education Scholarship Law (pg. 5)

2. Hunting, Fishing, and Trapping Law Amendments (pg. 20)

IV.

New Submissions

1. Oneida Food Service Law Amendments (pg. 55)

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

OODDDO

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

September 3, 2025

9:00 a.m.

Present: Jameson Wilson, Marlon Skenandore, Jonas Hill, Jennifer Webster

Excused: Kirby Metoxen

Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Ethel Marie Cornelius,

Brandon Yellowbird-Stevens

Others Present on Microsoft Teams: Janice Decorah, Melissa Alvarado, Ronald Van Schyndel,

Bar Truttman, Sarah White, Lee Schuyler, Peggy Helm-Quest, Mistylee Herzog, Rae Skenandore,

Tavia James Charles. Jason Martinez, Kaylynn Biely, Ralinda Ninham-Lamberies, Sidney White,

Todd Vandenheuvel, Fawn Billie, Laura Laitinen-Warren, Fawn Cottrell, Thomas Reed, Rhiannon

Metoxen, Diane Wilson, David Jordan, Melinda Danforth, Eric Boulanger, Lisa Liggins, Kelly

Skenandore-Holtz

Call to Order and Approval of the Agenda

Jameson Wilson called the September 3, 2025, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jonas Hill to adopt the agenda; seconded by Jennifer Webster. Motion carried

unanimously.

II.

Minutes to be Approved

1. August 20, 2025 LOC Meeting Minutes

Motion by Jonas Hill to approve the August 20, 2025 LOC meeting minutes and forward

to the Oneida Business Committee; seconded by Marlon Skenandore. Motion carried

unanimously.

III.

Current Business

1. Independent Contractor Law Amendments

Motion by Jonas Hill to approve the public meeting packet for the proposed amendments

to the Independent Contractor law and schedule a public meeting to be held on October 15,

2025; seconded by Jennifer Webster. Motion carried unanimously.

2. Workplace Violence Law Amendments

Motion by Jennifer Webster to Approve the public meeting packet for the proposed

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of September 3, 2025

Page 1 of 3

GOOOQO;

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amendments to the Workplace Violence law and schedule a public meeting to be held on

October 15, 2025; seconded by Jonas Hill. Motion carried unanimously.

3. Public Use of Tribal Land Law Amendments

Motion by Jonas Hill to approve the legislative analysis and the public meeting packet for

the proposed amendments to the Public Use of Tribal Land law and schedule a public

meeting to be held on October 15, 2025; seconded by Marlon Skenandore. Motion carried

unanimously.

4. Sanctions and Penalties Law

Motion by Jennnifer Webster to approve the adoption packet for the proposed Sanctions

and Penalties law and forward to the Oneida Business Committee for inclusion on an

upcoming General Tribal Council meeting agenda for consideration; seconded by Jonas

Hill. Motion carried unanimously.

5. Oneida Personnel Policies and Procedures Amendments

Motion by Jonas Hill to approve the memorandum entitled, Intent to Amend the Oneida

Personnel Policies and Procedures, and forward to the Oneida Business Committee for

inclusion on an upcoming General Tribal Council meeting agenda for consideration;

seconded by Jennifer Webster. Motion carried unanimously.

6. Higher Education Scholarship Law

Motion by Jonas Hill to approve the draft of the Higher Education Grant Law and direct

that a legislative analysis be completed; seconded by Jennifer Webster. Motion carried

unanimously.

7. Real Property Law Amendments

Motion by Jennifer Webster to approve the draft amendments to the Real Property Law

and direct that a legislative analysis be completed; seconded by Jonas Hill. Motion carried

unanimously.

IV.

New Submissions

1. Business Committee Employment Restriction Non-Compete Agreement and

Policy

Motion by Jonas Hill to deny the request to add the Business Committee Employment

Restriction Non-Compete Policy and Agreement to the Active Files List, noting the Code

of Ethics is already on the Active Files List and directing this memorandum be shared with

the Code of Ethics drafting attorney; seconded by Jennifer Webster. Motion carried

unanimously.

Additions

VI.

Administrative Updates

Legislative Operating Committee Meeting Minutes of September 3, 2025

Page 2 of 3

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VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 10:02 a.m.; seconded by Marlon Skenadore.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of September 3, 2025

Page 3 of 3

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

September 17, 2025

Higher Education Grant Law

Submission Date: 9/7/22

LOC Sponsor: Jameson Wilson

Public Meeting: N/A

Emergency Enacted: N/A

Summary: This item was carried over from last term. At the August 24, 2022, Oneida Business

Committee meeting the Oneida Business Committee adopted a motion to direct the Legislative

Operating Committee to consider adding the Higher Education Policy to their Active Files List,

and to consider adding rule making authority to said policy.

9/7/22 LOC:

Motion by Marie Summers to add the Trust Scholarship Fund Policy amendments to the

Active Files List with David P. Jordan as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

12/5/22:

Work Meeting. Present: Jaqueline Smith, Mitchel Metoxen, Mistylee Herzog, Clorissa

Santiago, Carolyn Salutz, Grace Elliott. This meeting continued review of the Oneida

Higher Education Student Handbook with discussion around parsing out criteria to include

in a Law from information better suited to Rulemaking authority. Additionally, all

Resolutions related to the Oneida Higher Education Scholarship were reviewed.

1/23/23:

Work Meeting. Present: Jaqueline Smith, Mitchel Metoxen, Laurie Laitinen-Warren, Grace

Elliott. The purpose of this meeting was to review draft language for an Oneida Higher

Education Scholarship Law.

1/26/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Kirby Metoxen, Daniel Guzman,

Clorissa Leeman, Carolyn Salutz, Grace Elliott. The purpose of this meeting was to discuss

the historical legislative attempts related to an Oneida Higher Education Scholarship Law

and Rulemaking Authority.

1/27/23:

Work Meeting. Present: Mitch Metoxen, Misty Herzog, Grace Elliott. The purpose of this

meeting was to listen to feedback from Oneida Higher Education on the draft Oneida Higher

Education Scholarship Law.

1/30/23:

Work Meeting. Present: David Jordan, Jennifer Webster, Marie Cornelius, Clorissa Leeman,

Grace Elliott, Peggy Van Gheem, Mitch Metoxen, Misty Herzog, Jackie Smith, Laura

Laitinen-Warren, Mark Powless, Kristal Hill. The purpose of this meeting was to begin

review of the draft Oneida Higher Education Scholarship Law, answer questions, and

provide an overview of the Oneida Higher Education Scholarship process.

2/1/23 LOC:

Motion by Marie Cornelius to accept the memorandum and revise the title on the Active

Files List from Trust Scholarship Fund Policy Amendments to Higher Education

Scholarship Law; seconded by Daniel Guzman King Motion carried unanimously.

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3/30/23:

Work Meeting. Present: David Jordan, Marie Cornelius, Daniel Guzman, Mark Powless,

Mistylee Herzog, Mitch Metoxen, Peggy Van Gheem, Clorissa Leeman, Jackie Smith. The

purpose of this meeting was to continue review of the draft Oneida Higher Education

Scholarship law and to discuss amendments initiated at the meeting prior.

5/3/23 LOC:

Work Meeting. David Jordan, Marie Cornelius, Daniel Guzman, Kirby Metoxen, Clorissa

Leeman, Kristal Hill. The purpose of this meeting was to choose a name for the Oneida

Nation Higher Education Student Handbook when items currently listed in it are compiled

through the Rulemaking process.

10/4/23 LOC: Motion by Jonas Hill to add the Higher Education Scholarship Law to the Active Files List

with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion carried

unanimously.

10/10/23:

Work Meeting. Present: Jaqueline Smith, Mitchel Metoxen, Mistylee Herzog, Mark Powless,

Clorissa Santiago, Carolyn Salutz, Grace Elliott. This was an introductory meeting on the

origins of the Oneida Higher Education Scholarship and its evolution.

11/1/23 LOC: Motion by Jonas Hill to approve the Legislative Operating Committee community meeting

notice and schedule the community meeting to take place on December 6, 2023; seconded

by Jennifer Webster. Motion carried unanimously.

11/14/23:

Work Meeting. Present: Jaqueline Smith, Mitchel Metoxen, Mistylee Herzog, Clorissa

Santiago, Carolyn Salutz, Grace Elliott. This meeting was to begin discussions on

distinguishing criteria that would be appropriate for a Law from criteria more appropriate for

Rulemaking.

11/20/23:

Work Meeting. Present: Mitch Metoxen, Mistylee Herzog, Jacqueline Smith, Ann McCotter,

Grace Elliott. The purpose of this meeting was to review historical documents which provide

the foundation for the implementation of the Higher Education Scholarship, and to begin

review of the draft Higher Education Scholarship law.

11/27/23:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Jonas Hill,

Clorissa Leeman, Grace Elliott, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of

this work meeting was to review the PowerPoint presentation for the December 6th

community meeting.

12/1/23:

Work Meeting. Present: Mark Powless, Jacqueline Smith, Clorissa Leeman, Grace Elliott.

The purpose of this meeting was to discuss rulemaking authority and the related processes.

12/4/23:

Work Meeting. Present: Mistylee Herzog, Jonas Hill, Jennifer Webster, Fawn Cottrell, Mitch

Metoxen, Jacqueline Smith, Jameson Wilson, Fawn Billie, Kristal Hill, Ann McCotter,

Clorissa Leeman, Marlon Skenandore, Grace Elliott. The purpose of this meeting was to

share foundational information relative to the Oneida Higher Education Scholarship and its

development over the past almost thirty (30) years.

12/6/23:

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,

Marlon Skenadore, Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn

Billie, Kristal Hill, Maureen Perkins, Lori Webster, Leon Webster, Larry Barton, Nancy

Barton, Daniel Leyo, John E. Powless III, Carol Silva, Jeanette Ninham, Raeann Skenandore,

Giza Powless Buenrostro, Jackie Smith, Rocky Hill, Carole Liggins, Kaylee Schuyler, Trina

Schuyler, Quincy Granquist, Dan Webster, Marie Cornelius, Barbara Salutz, Carol Elm,

Majorie Stevens, Misty Herzog, Josh, Gerzetich, Ann McCotter, Mitchel Metoxen, Katsi

Danforth, Nova Danforth, Bill Gollnick, Bonnie Pigman,

Nadine Escamea, Alyssa Perkins,

A good mind. A good heart. A strong fire.

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Emma King, Dr. Rosa King, Margaret King, Garth Webster, Daniel Doyen, Mark W. Powless,

Kanani Nunies, Ululan Ninies, Beverly DeCoteau, Lexi Sickles, Laura Manthe, Tina

Jorgensen, Stephanie Miscavitch VanEvery, Mark A. Powless Sr., and others. The purpose of

this meeting was to listen to questions, comments, and concerns from community members

about the Higher Education Scholarship.

12/20/23:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Clorissa Leeman, Grace Elliott, Maureen Perkins, Fawn Cottrell, Lawrence Barton. The

purpose of this meeting was to review comments from the December 6th, 2023 community

meeting, and to better understand the financial foundation and implications of the Higher

Education Scholarship.

1/11/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster,

Grace Elliott, Kristal Hill, via teams Fawn Cottrell, Fawn Billie, Maureen Perkins. The

purpose of this meeting was to present the legislative history and research pertinent to the

development of the Higher Education Scholarship law.

2/16/24:

Work Meeting. Present: Jacqueline Smith, Ann McCotter, Mitchel Metoxen, Mistylee Herzog,

Grace Elliott. The purpose of this meeting was to review the draft law addressing the details

of the appeal and exception sections.

4/3/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Jennifer Webster,

Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Fawn Cottrell, Maureen

Perkins. The purpose of this work meeting was to set a priority for this legislative item. The

LOC decided this should be a medium priority.

5/6/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Jennifer Webster, Clorissa Leeman,

Grace Elliott, Kristal Hill, Fawn Cottrell. The purpose of this meeting was to discuss next

steps in gathering information related to the authority to adopt amendments to the Higher

Education Scholarship Law.

7/30/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Mistylee Herzog,

Jacqueline Smith, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen Perkins, Clorissa

Leeman, Mark Powless, Grace Elliott. The purpose of this meeting was to strategize on how

to resume work on developing the Higher Education law with new leadership in the Higher

Education department.

9/10/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Mark Powless,

Clorissa Leeman, Kristal Hill, Maureen Perkins, Fawn Cottrell, Grace Elliott. The purpose

of this meeting was to revisit how the Higher Education law came to be on the Active Files

List and to review both the distinctions and connections between the relevant resolutions and

the preliminary allocation of terms included in the draft Law.

1/6/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jenny Webster, Mark Powless, Jackie Smith, Misty Herzog, Clorissa Leeman, Carolyn

Salutz, Fawn Billie, Fawn Cottrell, Grace Elliott. The purpose of this meeting was to review

the draft Higher Education Rules.

1/31/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Marlon Skenandore, Misty

Herzog, Jackie Smith, Mark Powless, Fawn Billie, Fawn Cottrell, Kristal Hill, Maureen

Perkins, Grace Elliott. The purpose of this meeting was to organize criteria contained in the

Resolutions creating the Higher Education Scholarship.

2/7/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,

Marlon Skenandore, Mistylee Herzog, Jackie Smith, Mark Powless, Maureen Perkins, Grace

A good mind. A good heart. A strong fire.

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Elliott. The purpose of this meeting was to clarify and evaluate criteria for the Higher

Education Grant.

3/4/25:

Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jackie Smith,

Misty Lee Herzog, Grace Elliott, Kristal Hill, Fawn Billie. The purpose of this meeting was

to review the probation and suspension sections of the Higher Education Handbook.

4/28/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Mark Powless,

Jackie Smith, Misty Lee Herzog, Fawn Billie, Fawn Cottrell, Kristal Hill, Grace Elliott. The

purpose of this meeting was to begin review of the topics drafted as essential to the draft law

and rule.

5/22/25:

Work Meeting. Present: Misty Herzog, Mark Powless, Grace Elliott. The purpose of this

meeting was to discuss the details of how Higher Ed determines the amount of funding to

allocate to each applicant.

7/1/25:

Work Meeting. Present: Misty Herzog, Mark Powless, Jameson Wilson, Marlon Skenandore,

Fawn Cottrell, Kristal Hill, Grace Elliott. The purpose of this meeting was to discuss what

unit of measurement is most accurate and efficient for determining the length of funding

available to an applicant.

8/15/25:

Work Meeting. Present: Misty Herzog, Mark Powless, Jameson Wilson, Jennifer Webster,

Jonas Hill, Marlon Skenandore, Grace Elliott. The purpose of this meeting was to complete

a read through of the draft law.

9/3/25 LOC:

Motion by Jonas Hill to approve the draft Higer Education Grant Law; seconded by Jennifer

Webster. Motion carried unanimously.

Next Steps:

▪ Accept the legislative analysis for the Higher Education Grant Law.

A good mind. A good heart. A strong fire.

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Analysis to Draft 1

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HIGHER EDUCATION GRANT LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Legislation

▪

Clearly articulate the Nation’s purpose and policy concerning the Higher

Education Grant. [9 O.C. 903.1].

Define key terms used within the law. [9 O.C. 903.3-1].

Delegate rulemaking authority to the Higher Education Office to: [9 O.C.

903.4-2].

▪ Clearly describe the documents required to complete the Higher

Education Student File. [9 O.C. 903.4-2(a)].

▪ Address how funding periods are calculated. [9 O.C. 903.4-2(b)(1)].

▪ Address funding cap amounts for the following tiers: [9 O.C. 903.42(b)(2)].

▪ associate degree, vocational or certificate program. [9

O.C. 903.4-2(b)(2)(i)].

▪ undergraduate degree. [9 O.C. 903.4-2(b)(2)(ii)].

▪ graduate degree. [9 O.C. 903.4-2(b)(2)(iii)].

▪ doctoral degree. [9 O.C. 903.4-2(b)(2)(iv)].

▪ Clearly describe application requirements and process. [9 O.C.

903.4-2(c)].

▪ Clearly describe the appeals process. [9 O.C. 903.4-2(d)].

▪ Additional rules may be promulgated, provided they do not

conflict with any provision of this law. [9 O.C. 903.4-2(e )].

Clearly describe funding eligibility requirements, as follows: [9 O.C. 903.51].

▪ be an enrolled member of the Nation. [9 O.C. 903.5-1(a)].

▪ be enrolled in an accredited postsecondary vocational program,

college, or university. [9 O.C. 903.5-1(b)].

▪ complete the Higher Education Student File with the Higher

Education Office. [9 O.C. 903.5-1(c)].

▪ comply with FAFSA standards. [9 O.C. 903.5-1(d)].

▪ be pursuing a degree in a higher funding tier than any

previously earned degree, unless they have remaining credits

available under their current tier pursuant to 903.5-2. [9 O.C.

903.5-1(e)].

▪

meet GPA requirements, as follows: [9 O.C. 903.5-1(f)].

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Analysis to Draft 1

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▪

associate degree, vocational or certificate program must

maintain a GPA of 2.0. [9 O.C. 903.5-1(f)(1].

undergraduate students must maintain a GPA of 2.0. [9

O.C. 903.5-1(f)(2)].

▪

graduate students must maintain a GPA of 3.0. [9 O.C.

903.5-1(f)(3)].

▪

doctoral students must maintain a GPA of 3.0; except

where: The school’s grading policy considers

professional doctoral students (MDs and JDs) to be in

good academic standing even with a GPA below 3.0. [9

O.C. 903.5-1(f)(4)(i)].

▪

apprenticeship/certificate/license students must maintain

academic progress and submit scheduled/monthly

progress reports. [9 O.C. 903.5-1(f)(5)].

Explicitly state funding duration as determined by the maximum allowable

credit allocation per tier, as follows: [9 O.C. 903.5-2].

▪ ninety (90) credits for an associate degree, vocational or

certificate program. [9 O.C. 903.5-2(a)].

▪ one hundred fifty (150) credits for an undergraduate degree. [9

O.C. 903.5-2(b)].

▪ sixty (60) credits for a graduate degree. [9 O.C. 903.5-2(c)].

▪ one hundred twenty (120) credits for a doctoral degree. [9 O.C.

903.5-2(d)].

Define “probation” and clearly describe when a student may be placed on

probation. [9 O.C. 903.5-4].

Provide a clear explanation of how the grant award amount is calculated, as

follows: [9 O.C. 903.6-2].

▪ The minimum award package shall consist of: [9 O.C. 903.62(b)].

▪

Full-time students shall receive funding for tuition, fees,

books, and room and board up to the funding cap

amount for their program. [9 O.C. 903.6-2(b)(1)].

▪ Part-time students shall receive funding for tuition, fees,

and books up to the funding cap amount for their

program. [9 O.C. 903.6-2(b)(2)].

▪ Students taking one (1) to five (5) credits shall receive

funding for tuition, fees, and books up to the funding

cap for their program. [9 O.C. 903.6-2(b)(3)].

If the student’s financial need, as determined by the

financial needs analysis, exceeds the minimum award

package, the student shall receive an award equal to their

financial need, up to the maximum allowed by the funding

tier cap. [9 O.C. 903.6-2(c)].

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Analysis to Draft 1

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▪

A full-time student’s award may also cover

transportation and personal/miscellaneous expenses. [9

O.C. 903.6-2(c)(1)].

▪

A part-time student’s award may also cover room and

board, transportation and personal/miscellaneous

expenses. [9 O.C. 903.6-2(c)(2)].

▪

Purpose

Affected Entities

Enforcement

Due Process

Public Meeting

Fiscal Impact

Clearly describe how the law may be enforced. [9 O.C. 903.7].

Clearly describe how a student may appeal a grant decision made by the

Higher Education Office. [9 O.C. 903.8].

The purpose of this Law is to implement the Higher Education Grant program; and

set forth the funding requirements and procedural controls for awarding Higher

Education grants. [9 O.C. 903.1-1].

Education and Training, Oneida Higher Education Office.

The Higher Education Grant law requires the Higher Education Office to deny any

student who violates this law or fails to comply with the Higher Education Student

Rulebook. [9 O.C. 903.7].

A student may appeal a grant decision made by the Higher Education Office within

twenty (20) calendar days of receipt of the decision the student is appealing, but

only to the extent that the student is able to demonstrate that the Higher Education

Office failed to abide by the provisions of this law or the Higher Education Student

Rulebook. [9 O.C. 903.8].

A public meeting has not yet been held.

A fiscal impact statement prepared in accordance with the Legislative Procedures

Act has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. This item was carried over from last term.

B. Request for Amendments. At the August 24, 2022, Oneida Business Committee meeting the Oneida

Business Committee adopted a motion to direct the Legislative Operating Committee to consider

adding the Higher Education Policy to their Active Files List, and to consider adding rule making

authority to said policy.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to this Law and legislative analysis:

▪ Oneida Higher Education;

▪ Oneida Law Office;

▪ Education and Training; and

▪ General Manager

B. The following laws of the Nation were reviewed in the drafting of this analysis:

▪ Administrative Rulemaking law

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Analysis to Draft 1

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SECTION 4. PROCESS

A. The development of this Law complies with the process set forth in the Legislative Procedures Act

(LPA).

▪ On September 7, 2022, the former Legislative Operating Committee added this Law to its Active

Files List, and then on October 4, 2023 the current Legislative Operating Committee added this

Law to its Active Files List.

A. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this Law:

▪ December 5, 2022: work session with Education and Training, and Higher Education.

▪ January 23, 2023: work session with Education and Training, and Higher Education.

▪ January 26, 2023: LOC work session.

▪ January 27, 2023: work session with Higher Education.

▪ January 30, 2023: LOC work session with Education and Training, Higher Education, Oneida

Law Office, and General Manger.

▪ March 3, 2023: LOC work session with Education and Training, Higher Education, Oneida

Law Office, and General Manger.

▪ May 3, 2023: LOC work session.

▪ October 10, 2023: work session with Education and Training, Higher Education, and General

Manger.

▪ November 11, 2023: work session with Education and Training, and Higher Education.

▪ November 11, 2023: work session with Education and Training, and Higher Education

▪ November 27, 2023: LOC work session.

▪ December 1, 2023: work session with Education and Training, and General Manger.

▪ December 4, 2023: LOC work session with Education and Training, and Higher Education.

▪ December 6, 2023: LOC Community Meeting.

▪ December 20, 2023: LOC work session with Oneida Treasurer.

▪ January 11, 2024: LOC work session.

▪ February 16, 2024: work session with Education and Training, and Higher Education.

▪ April 3, 2024: LOC work session.

▪ May 6, 2024: LOC work session.

▪ July 30, 2024: LOC work session with Education and Training, Higher Education, and General

Manger.

▪ September 10, 2024: LOC work session with General Manger.

▪ January 6, 2025: LOC work session with Education and Training, Higher Education, and

General Manger.

▪ January 31, 2025: LOC work session with Education and Training, Higher Education, and

General Manger.

▪ February 7, 2025: LOC work session with Education and Training, Higher Education, and

General Manger.

▪ March 4, 2025: LOC work session with Education and Training, and Higher Education.

▪ April 28, 2025: LOC work session with Education and Training, Higher Education, and

General Manger.

▪ May 22, 2025: work session with Education and Training, Higher Education, and General

Manger.

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Analysis to Draft 1

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▪

July 1, 2025: LOC work session with Higher Education, and General Manger.

August 15, 2025: LOC work session with Education and Training, Higher Education, and

General Manger.

SECTION 5. CONTENTS OF THE LEGISLATION

▪

Purpose and policy. The proposed Law states that its purpose is to implement the Higher Education

Grant program; and set forth the funding requirements and procedural controls for awarding Higher

Education grants. [9 O.C. 903.1-1] The policy of the Nation to provide a fiscally responsible and

consistent methodology for awarding Higher Education grants to enhance postsecondary educational

opportunities for members of the Nation. [9 O.C. 903.1-2]

▪ Effect. These statements clarify legislative intent, set expectations, align the Law with the Nation’s

strategic and ethical values, and help the reader to understand the rationale behind its enactment.

Definitions. The proposed Law provides definitions that are essential for creating a shared

understanding, ensuring precision and clarity, and establishing legal boundaries. [9 O.C. 903.3].

▪ Effect. Definitions eliminate ambiguity by specifying exactly what a term means in the context of

the Law, reducing the risk of misinterpretation and legal disputes.

Higher Education Office. The proposed Law provides the Higher Education Office with clear guidance

and defined boundaries for administering the Higher Education Grant. It delegates rulemaking authority

under the Administrative Rulemaking Law, empowering the Office to promulgate rules consistent with

the Law to address the practical and evolving implementation needs. [9 O.C. 903.4].

▪ Effect. Clear direction enables the Higer Education Office to effectively implement and enforce the

Higher Education Grant Law.

Higher Education Grant. The proposed Law outlines the parameters of the Higher Education Grant,

including eligibility requirements, duration of funding, a tiered funding system, and the methodology

for calculating awards under various circumstances. [9 O.C. 903.5].

▪ Effect. Clear eligibility criteria, along with well-defined funding limits and scope, establish

compliance requirements while promoting fairness, transparency, and the efficient use of funds.

Eligibility requirements. The proposed Law specifies that in order to be eligible to receive funding

under the Higher Education Grant a student must: be an enrolled member of the Nation; be enrolled

in an accredited postsecondary vocational program, college, or university; complete the Higher

Education Student File with the Higher Education Office; comply with FAFSA standards; be

pursuing a degree in a higher funding tier than any previously earned degree (unless they have

remaining credits available under their current tier pursuant to 903.5-2.); and meet GPA

requirements, as follows: (1) associate degree, vocational or certificate program must maintain

a GPA of 2.0; (2) undergraduate students must maintain a GPA of 2.0; (3) graduate students

must maintain a GPA of 3.0; (4) doctoral must maintain a GPA of 3.0; except where: The

school’s grading policy considers professional doctoral students (MDs and JDs) to be in good

academic standing even with a GPA below 3.0.; and apprenticeship/certificate/license students

must maintain academic progress and submit scheduled/monthly progress reports. [9 O.C.

▪

903.5-1].

▪ Effect. Students meeting the criteria listed are eligible to apply for a Higher Education Grant.

Duration of funding. The proposed Law provides that the duration of funding available is determined

by both the students assigned funding tier and the number of credits allocated to each tier. [9 O.C.

Page 5 of 7

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Analysis to Draft 1

2025 09 17

▪

903.5-2].The number of credits allocated per tier is based on two factors: the credits currently funded

under the Higher Education Scholarship guidelines outlined in the Higher Education Student Handbook

for full-time students attending for the maximum number of allowable years, and the typical credit

requirements for the degree associated with each tier.

▪ Effect. Eligible students may receive Higher Education Funding for the full number of credits

allowed under their current funding tier, even if they have already achieved the degree

associated with that tier.

Funding calculation. The proposed Law lays out the methodology for calculating grant awards. The

amount of a student’s grant award is based on the funding cap for each tier, as outlined in Section 903.61. [9 O.C. 903.6-2]. A student’s financial need analysis dictates whether they receive a “minimum

award package” or a “maximum award package”. [9 O.C. 903.6-2(c)]. This analysis calculates both the

cost of attendance (COA) and financial need, and the Higher Education Grant is awarded based on the

greater of the two.

For full-time students, a minimum award package includes tuition, fees, books, and room and board,

up to the funding cap for their program. [9 O.C. 903.6-2(b)(1)]. A maximum award package may also

cover transportation and personal/miscellaneous expenses, up to the funding cap for their program. [9

O.C. 903.6-2(c)(1)].

For part-time students, a minimum award package includes tuition, fees, and books, up to the funding

cap for their program. [9 O.C. 903.6-2(b)(2)]. A maximum award package may also cover room and

board, transportation, and personal/miscellaneous expenses, up to the funding cap for their program. [9

O.C. 903.6-2(c)(2)].

Students taking one (1) to five (5) credits receive funding for tuition, fees, and books up to the

funding cap for their program. [9 O.C. 903.6-2(b)(3)].

▪

Effect. This provision provides predictability and equity in funding; need-based flexibility; clear

guidelines for students; and administrative efficiency and accountability. The tiered funding and

award package system create a balanced, need-sensitive and goal oriented framework that supports

students in achieving higher education while maintaining fiscal responsibility and academic

accountability.

Enforcement. The proposed Law authorizes the Higher Education Office to deny funding to any

student who violates this law or fails to comply with the Higher Education Student Rulebook. [9 O.C.

903.6].

▪ Effect. This provision ensures fiscal responsibility by holding students accountable for meeting the

requirements associated with receiving Higher Education Grant funding.

Appeals. The proposed Law defines an appeal as a request for review of a grant decision made by

the Higher Education Office. To appeal, a student must demonstrate that the Higher Education

Office failed to comply with this law or the Higher Education Student Rulebook. Appeals must

be submitted within twenty (20) calendar days of receiving the decision being challenged. [9

▪

O.C. 903.7].

▪ Effect. This process provides students with a formal mechanism to challenge decisions they believe

do not comply with the law or the Higher Education Student Rulebook, promoting fairness and due

process through authorized review of a Higher Education Office Higher Education Grant

determination.

Other Amendments. Additional amendments and revisions were made to improve formatting, drafting

style, and organization. These changes do not affect the substance of the Law.

Page 6 of 7

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Analysis to Draft 1

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SECTION 6. EXISTING LEGISLATION

A. Other Related Laws of the Nation. The following laws of the Nation are related to the proposed

amendments to this Law:

▪ Administrative Rulemaking. The purpose of the Administrative Rulemaking law is to provide a

process for the adoption of and amendments to the Nation’s administrative rules. [1 O.C. 106.11]. Its underlying policy is to ensure there exists an efficient, effective and democratic process for

enacting and revising administrative rules, and that authorized agencies act in a responsible and

consistent manner when enacting and revising administrative rules. [1 O.C. 106.1-2].

▪ This Law delegates rulemaking authority to the Higher Education Office.

▪ Any rules promulgated by the Higher Education Office are required to be

developed in accordance with the process and procedures of the Administrative

Rulemaking law.

SECTION 7. OTHER CONSIDERATIONS

A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

completing the fiscal impact statement.

▪ Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact be

completed.

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Title 9. Education - Chapter 903

Kaya>takenh@sla

It is helpful they’ll go on to school

People of the Standing Stone, the great place where they teach them the traditions, money

HIGHER EDUCATION GRANT LAW

903.1 Purpose and Policy

903.2 Adoption, Amendment, Repeal

903.3 Definitions

903.4 Higher Education Office

903.5 Eligibility Requirements

903.6 Higher Education Grant

903.7 Enforcement

903.8 Appeals

903.1. Purpose and Policy

903.1-1. Purpose. The purpose of this law is to implement the Higher Education Grant program;

and set forth the funding requirements and procedural controls for awarding Higher Education

grants.

903.1-2. Policy. It is the policy of the Nation to provide a fiscally responsible and consistent

methodology for awarding Higher Education grants to enhance postsecondary educational

opportunities for members of the Nation.

903.2. Adoption, Amendment, Repeal

903.2-1. This law was adopted by the Oneida Business Committee by resolution BC- - - .

903.2-2. This law may be amended or repealed by the Oneida Business Committee or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

903.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held invalid, such invalidity does not affect other provisions of this law which are considered

to have legal force without the invalid portions.

903.2-4. In the event of a conflict between this law and a provision of another law of the Nation,

the provisions of this law shall control.

903.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

903.3. Definitions

903.3-1. This section governs the definitions of words and phrases used within this law. All

words not defined herein are to be used in their ordinary and everyday sense.

(a) “Accredited program” means any educational institution accredited by a federally

approved accrediting agency.

(b) “Appeal” means a request for review of a grant decision made by the Higher

Education Office for which the requestor shall demonstrate that the entity has failed to

abide by the provisions of this law or the Higher Education Student Rulebook.

Oneida Higher Education sends directly to the school’s financial aid office for

completion. The school’s financial aid office uses the appropriate FAFSA to complete

our FNA.

9 O.C. 903 – Page 1

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Draft 1

2025 09 17

(d) “Free Application for Federal Student Aid” or “FAFSA” means the application which

determines eligibility for any financial resources such as state and federal funding.

(e) “Full-time student” means a student taking twelve (12) or more credits in an

undergraduate or lower tier program, and nine (9) or more credits in a graduate level

program.

(f) “Grade Point Average” or “GPA” means the measure of a student’s academic

achievement arrived at by dividing the total grade points earned by the total number of

credits funded by Oneida Higher Education Grant for the term measured.

(g) “Grant” means monetary funds awarded to a student through the Oneida Higher

Education Grant Program.

(h) “Higher Education Student Rulebook” means the source of the rules and regulations

for carrying out this law as further described in 903.4-1(b).

(i) “Member of the Oneida Nation” means an enrolled member of the Nation.

(j) “Nation” means the Oneida Nation.

(k) “Part-time student” means a student taking between six (6) and eleven (11) credits per

term in an undergraduate or lower tier programs, and between six (6) and eight (8) credits

for graduate or doctorate degree programs.

(l) “Postsecondary” means education following secondary school such as college,

university, or vocational school.

(m) “Probation” means the term during which students must improve their GPA to meet

the eligibility criteria for Higher Education Grant funding, pursuant to 903.5-1(f). A

student placed on probation by the Higher Education Office shall continue to receive

funding for one (1) term, during which they are required to regain eligibility.

(n) “Rule” means a set of requirements, enacted by the Oneida Higher Education Office

in accordance with the Administrative Rulemaking law based on authority delegated in

this law to implement, interpret and enforce this law.

(o) “Term” means a portion of an academic year during which an educational institution

holds classes. Common terms such as a quarter, trimester, and semester are used to

denote terms of specific durations.

903.4. Higher Education Office

903.4-1. The Higher Education Office shall award grants in accordance with the provisions of

this law.

903.4-2. Administrative Rulemaking. The Oneida Higher Education Office shall be delegated

rulemaking authority in accordance with the Administrative Rulemaking law to promulgate rules

to govern the administration of the Higher Education Grant program and shall make such rules

and regulations available in the Higher Education Student Rulebook. The rules promulgated by

the Higher Education Office shall at a minimum address:

(a) The Higher Education Student File clearly describing the documents required to

complete the Higher Education Student File.

(b) Funding

(1) how funding periods are calculated.

(2) cap amounts for the following tiers:

9 O.C. 903 – Page 5

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2025 09 17

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(i) associate degree, vocational or certificate program.

(ii) undergraduate degree.

(iii) graduate degree.

(iv) doctoral degree.

(d) Clearly describe the appeals process.

(e) Additional rules may be promulgated, provided they do not conflict with any

provision of this law.

903.4-3. The Oneida Higher Education Office shall develop and maintain standard operating

procedures for the Higher Education Office.

903.5. Eligibility Requirements

903.5-1. Eligibility Requirements. To be eligible for a Higher Education Grant award, a student

shall:

(a) be an enrolled member of the Nation.

(b) be enrolled in an accredited postsecondary vocational program, college, or university.

(d) comply with FAFSA standards.

(e) be pursuing a degree in a higher funding tier than any previously earned degree,

unless they have remaining credits available under their current tier pursuant to 903.5-2.

(f) meet GPA requirements, as follows:

(1) associate degree, vocational or certificate program must maintain a GPA of 2.0

(2) undergraduate students must maintain a GPA of 2.0

(3) graduate students must maintain a GPA of 3.0

(4) doctoral must maintain a GPA of 3.0; except where:

(i) The school’s grading policy considers professional doctoral students

(MDs and JDs) to be in good academic standing even with a GPA below

3.0.

(5) apprenticeship/certificate/license students must maintain academic progress and

submit scheduled/monthly progress reports.

903.5-2. Length of Funding. The following are the maximum credit allocations for grant

funding:

(a) ninety (90) credits for an associate degree, vocational or certificate program.

(b) one hundred fifty (150) credits for an undergraduate degree.

(d) one hundred twenty (120) credits for a doctoral degree.

903.5-3. Students who have not used the maximum credit allocation under their highest degree

earned tier may remain in that tier up to the credit limit.

903.5-4. Probation. Students may be placed on probation for failure to earn the required GPA if

their GPA falls between:

(a) 1.0-1.9 for associate degree, vocational, certificate program, and undergraduate

students.

(b) 2.0-2.9 for graduate students.

9 O.C. 903 – Page 5

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903.6. Higher Education Grant

903.6-1. Tiered Funding System. The Oneida Higher Education Office, in accordance with the

Administrative Rule Making Procedure, shall establish maximum funding caps for the following

funding tiers:

(a) associate degree, vocational or certificate program.

(b) undergraduate degree.

(d) doctoral degree.

903.6-2. Award. The amount of the grant awarded to a student is based upon:

(a) The funding cap for each tier under Section 903.6-1.

(b) The minimum award package shall consist of:

(1) Full-time students shall receive funding for tuition, fees, books, and room and

board up to the funding cap amount for their program.

(2) Part-time students shall receive funding for tuition, fees, and books up to the

funding cap amount for their program.

(3) Students taking one (1) to five (5) credits shall receive funding for tuition,

fees, and books up to the funding cap for their program.

the minimum award package, the student shall receive an award equal to their financial

need, up to the maximum allowed by the funding tier cap.

(1) A full-time student’s award may also cover transportation and

personal/miscellaneous expenses.

(2) A part-time student’s award may also cover room and board, transportation

and personal/miscellaneous expenses.

903.7. Enforcement

903.7-1. Accountability. The Higher Education Office shall deny any student who violates this

law or fails to comply with the Higher Education Student Rulebook.

903.8. Appeals

903.8-1. Appeal Process and Requirements. A student may appeal a grant decision made by the

Higher Education Office within twenty (20) calendar days of receipt of the decision the student

is appealing, but only to the extent that the student is able to demonstrate that the Higher

Education Office failed to abide by the provisions of this law or the Higher Education Student

Rulebook.

End.

Adopted- BC Resolution:

9 O.C. 903 – Page 5

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee

September 17, 2025

Hunting, Fishing, and Trapping Law

Amendments

Submission Date: 12/7/22

LOC Sponsor: Jonas Hill

Public Meeting: 8/15/25

Emergency Enacted: N/A

Summary: This item was carried over from last term. On August 10, 2022, the OBC made a motion

“to direct the General Manager to complete the assessment regarding the feasibility of the Environmental,

Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board

and for the assessment to be submitted at the second meeting Business Committee meeting in September”.

In short, the GM concluded that although changes were necessary to those Oneida laws that delegated the

authority and responsibility to the Environmental Resources Board (ERB), those responsibilities that were

jointly executed by the ERB and Environmental, Health, Safety, and Land Division (EHSLA), could be

assumed by EHSLA. Additionally, for those duties that delegated ERB the power and duty to carry out the

intent and purposes of the law, including enforcement, those responsibilities could be delegated to EHSLA

and/or the Land Commission.

On September 28, 2022, the OBC made a motion to accept the Environmental, Health, Safety, Land, and

Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment

Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to

take place in order to complete the dissolution of the Environmental Resource Board including

amendments to laws and addressing any background material. The Oneida Law Office provided this report

to the Oneida Business Committee on November 29, 2022.

This item was then added to the Active Files List on December 7, 2022, in an effort to make amendments

to address the dissolution of the Environmental Resources Board, and transition the Board’s

responsibilities to the Environmental, Health, Safety, Land and Agriculture Division and/or the Oneida

Land Commission.

12/7/22 LOC: Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping law amendments to

the Active Files List with Kirby Metoxen as the sponsor; seconded by Marie Cornelius. Kirby

Metoxen abstained. Motion carried.

10/4/23 LOC: Motion by Jennifer Webster to add the Hunting, Fishing, and Trapping Law Amendments to

the Active Files List with Jonas Hill as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

1/3/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.

The purpose of this work meeting was for Jonas Hill to provide an update on a meeting he had

with EDSLAD Division Director regarding the division taking on the responsibilities of ERB.

Page 1 of 3

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21 of 60

4/3/24 LOC:

Motion by Jennifer Webster to approve the Legislative Operating Committee community

meeting notice and schedule the community meeting to take place on June 5, 2024; seconded

by Jonas Hill. Motion carried unanimously.

5/1/24 LOC:

Motion by Jennifer Webster to approve the revised LOC community meeting notice and

reschedule the community meeting to take place on June 4, 2024.; seconded by Kirby

Metoxen. Motion carried unanimously.

5/10/24:

Work Meeting. Present: Jameson Wilson. Kirby Metoxen, Jennifer Webster, Jonas Hill,

Marlon Skenandore, Clorissa Leeman, Carolyn Salutz, Grace Elliott, Maureen Perkins, Fawn

Cottrell, Kristal Hill. The purpose of this meeting was to discuss the fact that the June 4th

community meeting and the fact that there is a budget meeting scheduled the same day and

determine whether we want to continue with holding this community meeting. The LOC

decided to proceed with the community meeting as scheduled.

5/30/24:

Work Meeting. Present: Jameson Wilson. Kirby Metoxen, Jennifer Webster, Jonas Hill,

Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins. The purpose of this work

meeting was to prepare for the June 4, 2024, LOC community meeting and come up with

potential discussion questions.

6/4/24:

Community Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,

Clorissa Leeman, Grace Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill, Maureen Perkins,

Marena Bridges, Ike Jordan, Jurt Jordan, Carl Jordan, Bonnie Pigman, Margaret King, Denise

Johnson, Jeff Jordan, Francis Cornelius, Duane Skenandore Jr., Sidney White, Louis Clark,

Tsyoshaat Delgado, Kristin Skenandore, Shad Webster, Chris Jordan, Lois Strong, Xavier

Horkman, Lisa Summers, and others. The Legislative Operating Committee held a community

meeting in the NHC’s cafeteria from 5:30 p.m. through 7:30 p.m. regarding the Hunting,

Fishing, and Trapping law amendments and a new Guardianship law.

12/9/24:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Mark Powless, Eric McLester, Shad Webster, Terry Metoxen, Eric

Boulanger, Joel Maxam, Ronald King Jr., Nicole Rommel, Maureen Perkins, Kristal Hill,

Fawn Cottrell, Fawn Billie. The purpose of this work meeting was to read through the law and

begin discussions on potential amendments to be made to the law.

1/14/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Eric McLester, Shad Webster, Terry Metoxen, Joel Maxam, Ronald King

Jr., Kelly McAndrews, Maureen Perkins, Kristal Hill, Fawn Cottrell,. The purpose of this

work meeting was to read through the proposed amendments to the law discussed during the

last work meeting, and continue discussions on potential amendments to be made to the law.

2/3/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,

Clorissa Leeman, Kristal Hill, Maureen Perkins, Grace Elliott, Carolyn Salutz, Fawn Billie.

The purpose of this work meeting was to select the topics for the March 5th LOC community

meeting. The LOC decided the topics to be discussed should include: Elder Protection law,

Indian Preference in Contracting law amendments, and Hunting, Fishing, and Trapping law

amendments.

2/24/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Kirby Metoxen, Clorissa Leeman, Mark Powless, Eric McLester, Shad Webster, Terry

Metoxen, Eric Boulanger, Joel Maxam, Ronald King Jr., Kristal Hill, Fawn Cottrell. The

purpose of this work meeting was to continue reading through the proposed amendments to

the law and continue discussions on potential amendments to be made to the law.

3/5/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Metoxen, Clorissa

Leeman, Shad Webster, Nicole Rommel, Grace Elliott, Carolyn Salutz, Fawn Cottrell, Fawn

Billie. The purpose of this work meeting was to review the PowerPoint presentation for the

A good mind. A good heart. A strong fire.

Page 2 of 3

ONEIDA

22 of 60

March 19th LOC community meeting. Shad also went over some ideas for how the Department

can better handle licensing in the future.

4/16/25:

Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Marlon Skenandore,

Clorissa Leeman, Grace Elliott, Carolyn Salutz, Kristal Hill, Fawn Cottrell, Fawn Billie. The

purpose of this work meeting was to review and finalize the draft of the proposed amendments

to the Hunting, Fishing, and Trapping law.

5/1/25:

Work Meeting. Present: Clorissa Leeman, Shad Webster. The purpose of this work meeting

was to collect some of Conservation’s final comments on the proposed draft of amendments

to the law.

5/7/25 LOC:

Motion by Jennifer Webster to approve the draft of proposed amendments to the Hunting,

Fishing, and Trapping law and direct that a legislative analysis be completed; seconded by

Marlon Skenandore. Motion carried unanimously.

5/21/25 LOC: Motion by Jennifer Webster to approve the updated draft and legislative analysis; seconded

by Jonas Hill. Motion carried unanimously.

6/18/25 LOC: Motion by Jennifer Webster to approve the public meeting packet for the proposed amendments

to the Hunting, Fishing, and Trapping law and schedule a public meeting to be held on July 30,

2025; seconded by Jonas Hill. Motion carried unanimously.

6/18/25:

E-Poll Conducted. The e-poll was titled, Rescheduled Hunting, Fishing, and Trapping Law

Public Meeting. The requested action of the e-poll was to approve the updated public meeting

packet for the proposed amendments to the Hunting, Fishing, and Trapping law and reschedule

the public meeting to be held on August 15, 2025. This e-poll was unanimously approved by

Jonas Hill, Jennifer Webster, Marlon Skenandore, Kirby Metoxen, and Jameson Wilson.

7/2/25 LOC:

Motion by Jennifer Webster to enter into the record the results of the June 18, 2025 e-poll

entitled, Rescheduled Hunting, Fishing, and Trapping Law Public Meeting; seconded by Jonas

Hill. Motion carried unanimously.

7/30/25:

Public Meeting Held. Present: Two (2) individuals provided oral comments during the public

meeting.

8/13/25:

Public Comment Period Closed. No individuals provided written comments during the public

comment period.

Next Steps:

 Accept the public comments and the public comment review memo and defer to a work

meeting for further consideration.

A good mind. A good heart. A strong fire.

Page 3 of 3

ONEIDA

23 of 60

Oneida Nation

Legislative Operating Committee

Legislative Reference Office

PO Box 365 • Oneida, WI 54155‐0365

Oneida‐nsn.gov

TO:

FROM:

DATE:

RE:

000000

ONEIDA

Legislative Operating Committee (LOC)

Clorissa N. Leeman, Legislative Reference Office, Senior Staff Attorney

September 17, 2025

Hunting, Fishing, and Trapping Law Amendments: Public Comment Review

On August 15, 2025, a public meeting was held regarding the proposed amendments to the

Hunting, Fishing and Trapping law. Two individuals provided oral comments during the public

meeting. The public comment period was then held open until August 22, 2025. No submissions

of written comments were receive during the public comment period. This memorandum is

submitted as a review of the comments received during the public meeting. The public meeting

draft and public meeting transcript are attached to this memorandum for review.

Comment 1 – Attendance Composition at a Ceremony or Feast:

406.6.

Licenses and Permits

406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial

and/or feast permit to group hunt wildlife outside of the regular applicable seasons.

(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued

for antlerless deer.

(b) A ceremonial and/or feast permit may be issued to a group and/or organization

meeting each of the following requirements:

(1) The designee of the group/organization is a Tribal member;

(2) The occasion for the ceremonial and/or feast requiring the hunt out of

season is recognized by the Oneida community; and

(3) The hunt takes place on the reservation.

(1) Named hunters on the ceremonial and/or feast permit; and

(2) Tribal members, descendants, or a spouse to a Tribal member.

(d) The designee of the group ceremonial and/or feast hunt shall notify an Oneida

Police Department officer or warden of the time and place where the hunt will take

place no later than twenty-four (24) hours prior to the hunt. The Oneida Police

Department officer or warden may monitor any portion, or the entirety, of the group

ceremonial and/or feast hunt.

Sidney White (oral): Hi, how are you doing today? Sidney White, and I'd like to comment on the

Hunting, Fishing and Trapping law amendments. Thank you for the opportunity, Councilman Hill,

I guess like the first one that I have like a little bit of concern is, is eliminating the requirement that

at least eighty-five percent (85%) of the group and organization members be tribal members. I

kind of look at these being like our resources for our Tribal members and I'd like to ensure that

these are being utilized for Tribal members. I'm not sure like what that percent is like eighty-five

(85). I do think it should be like a significant portion of Tribal members that would benefit from a

ceremonial or feast permit.

Page 1 of 12

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Response

The commenter expresses concern that the proposed amendments to the Law eliminate the

requirement that at least eighty-five percent (85%) of the group and organization members be

Tribal members for a ceremonial or feast permit, as he would like to see this benefit be utilized for

Tribal members.

The current section 406.6-2 of the Law provides that Tribal members may apply for a ceremonial

and/or feast permit to group hunt wildlife outside of the regular applicable seasons. Section 406.62(b)(1)-(4) then goes on to provide that a ceremonial and/or feast permit may be issued to a group

and/or organization meeting each of the following requirements: at least eighty-five percent (85%)

of the group and/or organization members are Tribal members; the agent of the group/organization

is a Tribal member; the occasion for the ceremonial and/or feast requiring the hunt out of season

is recognized by the Oneida community; and the hunt takes place on the reservation.

When the Legislative Operating Committee was developing the amendments to this Law, the type

of group a ceremonial and/or feast permit was issued to was one topic that was discussed. The

proposed amendments to the Law remove the requirement that at least eighty-five percent (85%)

of the group and/or organization members be Tribal members for ceremonial and/or feast permits,

and instead solely requires that the designee of the group/organization is a Tribal member; the

occasion for the ceremonial and/or feast requiring the hunt out of season is recognized by the

Oneida community; and the hunt takes place on the reservation. [4 O.C. 406.6-2(b)(1)-(3)]. The

Legislative Operating Committee made the decision to remove this requirement based on the

difficulty in actually enforcing the requirement. It is unlikely that an Oneida Police Department

officer or warden would attend a ceremony or feast to check the enrollment status of those in

attendance. The Legislative Operating Committee also discussed the fact that there may be

instances where a ceremonial and/or feast permit is issued, such as for a funeral feast, in which it

would be limiting for the purpose of the feast to put qualifications on the enrollment status of

guests. The Legislative Operating feels that the other requirements in section 406.6-2(b) ensure

that this permit has some connection back to the Nation and its culture and traditions. Additionally,

those who are named hunters on the permit are required to be a Tribal member, descendants, or a

spouse to a Tribal member. [4 O.C. 406.6-2(c)(2)].

The Legislative Operating Committee may determine whether or not to reconsider its decision to

remove the requirement that at least eighty-five percent (85%) of the group and/or organization

members be Tribal members for ceremonial and/or feast permits. The Legislative Operating

Committee may make one of the following decisions:

1. The proposed amendments to the Law which remove the requirement that at least eightyfive percent (85%) of the group and/or organization members be Tribal members for

ceremonial and/or feast permits should remain moving forward.

2. The proposed amendments to the Law should revert to the currently effective language and

it should be required that at least eighty-five percent (85%) of the group and/or organization

members be Tribal members for ceremonial and/or feast permits.

LOC Consideration

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Comment 2 – Named Hunters for Ceremonial or Feast Permits:

406.6.

Licenses and Permits

406.6-2.

Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial

and/or feast permit to group hunt wildlife outside of the regular applicable seasons.

(a)

When the ceremonial and/or feast permit is for deer hunting, it may only be issued

for antlerless deer.

(b)

A ceremonial and/or feast permit may be issued to a group and/or organization

meeting each of the following requirements:

(1)

The designee of the group/organization is a Tribal member;

(2)

The occasion for the ceremonial and/or feast requiring the hunt out of season is

recognized by the Oneida community; and

(3)

The hunt takes place on the reservation.

(c)

All persons participating in the ceremonial and/or feast hunt shall be:

(1) Named hunters on the ceremonial and/or feast permit; and

(2) Tribal members, descendants, or a spouse to a Tribal member.

(d)

The designee of the group ceremonial and/or feast hunt shall notify an Oneida Police

Department officer or warden of the time and place where the hunt will take place no later

than twenty-four (24) hours prior to the hunt. The Oneida Police Department officer or

warden may monitor any portion, or the entirety, of the group ceremonial and/or feast hunt.

Sidney White (oral): Also do have some concerns about naming the hunters on the permit, if it's

going to be just like a paper permit or if they'll be like some digital means to add people to the

permit. We all know that when we go hunting and we might have ten (10) guys and maybe three

(3) of them drop out. If we want to add another three (3), there should be like a digital mechanism

to to add those to the permit.

Response

In his discussion of the ceremonial and/or feast permits, the commenter questioned whether there

was a digital mechanism for changing the named hunters on an issued permit, especially in

instances in which someone may not be able to participate last minute and a group would like to

use a replacement hunter.

Currently, the Law does not address the manner in which permits are issued to individuals –

whether that be paper permits or digital permits, or any revisions to those named hunters on permits

occurs, if it does at all. The Conservation Department is delegated the authority to develop rules

to address the application requirements for obtaining any of the Nation’s licenses or permits. [4

O.C. 406.5-2(b)]. The Law does state that Tribal members may apply for a ceremonial and/or feast

permit to group hunt wildlife outside of the regular applicable seasons. [4 O.C. 406.6-2]. All

persons participating in the ceremonial and/or feast hunt are required to be named hunters on the

ceremonial and/or feast permit, and the named hunters are required to be Tribal members,

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descendants, or a spouse to a Tribal member. [4 O.C. 406.6-2(c)]. These provisions together would

lead one to the presumption that an individual would need to obtain approval to be named on a

ceremonial and/or feast hunt permit, and therefore a last minute switch of the named hunter on the

permit is most likely not occurring. Furthermore, the designee of the group ceremonial and/or feast

hunt is required to notify an Oneida Police Department officer or warden of the time and place

where the hunt will take place no later than twenty-four (24) hours prior to the hunt, and the Oneida

Police Department officer or warden has the discretion to monitor any portion, or the entirety, of

the group ceremonial and/or feast hunt. [4 O.C. 406.6-2(d)].

It is recommended that the Legislative Operating Committee reach out to the Conservation

Department to learn more about how handling or revising named hunters on a ceremonial and/or

feast permit is currently handled, is allowed, in order to obtain more information so that the

Legislative Operating Committee can make an informed decision as to whether this issue needs to

be addressed in the Law.

LOC Consideration

Comment 3 – Data for Ceremonial and Feast Permits:

406.6.

Licenses and Permits

406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial

and/or feast permit to group hunt wildlife outside of the regular applicable seasons.

(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued

for antlerless deer.

(b) A ceremonial and/or feast permit may be issued to a group and/or organization

meeting each of the following requirements:

(1) The designee of the group/organization is a Tribal member;

(2) The occasion for the ceremonial and/or feast requiring the hunt out of

season is recognized by the Oneida community; and

(3) The hunt takes place on the reservation.

(1) Named hunters on the ceremonial and/or feast permit; and

(2) Tribal members, descendants, or a spouse to a Tribal member.

(d) The designee of the group ceremonial and/or feast hunt shall notify an Oneida

Police Department officer or warden of the time and place where the hunt will take

place no later than twenty-four (24) hours prior to the hunt. The Oneida Police

Department officer or warden may monitor any portion, or the entirety, of the group

ceremonial and/or feast hunt.

Sidney White (oral): I do have a couple more notes. I apologize cause I put them like further

down into the document. The other, the other question or maybe like request would be when we're

talking about ceremonial or feast permits is that we have you know some type of data to to identify

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how often this has been utilized. In the the description it it identifies, you know, a funeral feast.

You know, I know there's community members that aren't aware of the ceremonial or feast permit.

I've, you know, talked with a couple of them that have, you know, like men's groups or maybe do

sweat or recovery groups and and I hear the comments of like boy I'd like to have, you know, like

a deer to, you know, slice and, you know, make it into a traditional soup and they don't hunt and

they're not really aware. So I would like to see like some data presented to the community, like

how often is ceremony or feast permits use and like what context are they used for. And then

maybe just like a better job of like making that aware to the people that especially like the elders

that are are working with some of these groups and and ceremonial, spiritual and recovery. I think

that could be something that we could do a better job at.

Response

The commenter makes a request that data be shared regarding the frequency and context in which

ceremony and/or feast permits are issued, and that generally better communication regarding the

existence of the ceremonial and/or feast permit be shared with the community.

The Legislative Operating Committee does not have specific data in regard to the frequency or

context in which permits are issued by the Conservation Department. It is recommended that the

Legislative Operating Committee reach out to the Conservation Department and ask for more

information regarding the ceremonial and/or feast permits for a greater understanding of this issue,

and also share the request that better communication regarding these permits be shared with the

community.

There are no recommended revisions to the Law based on this comment.

LOC Consideration

Comment 4 – Accidental Collision with Deer:

406.7. General Requirements

406.7-3. Any person who accidentally collides with and kills a deer while operating a vehicle

on a roadway may retain possession of the said deer, provided that the person shall have the

deer tagged by the State of Wisconsin.

Sidney White (oral): I do have some concerns where it says 4 O.C. 406.7-3 when it talks about

the state of Wisconsin being the ones that would tag a deer, I guess like my concern is, does that

read as exclusively to the state of Wisconsin? So, if we do have, you know, a conservation warden

or one of the Oneida Police officers, would they still be able to tag a deer? Again, I'm not the

content expert on that, but I would like clarification on that.

Response

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The commenter shares concerns regarding the provision of the Law which addresses the accidental

collision between a vehicle and a deer, and asks why the tagging of a deer in this situation is

handled by the State of Wisconsin and not an Oneida Police Department officer or warden.

Currently, section 406.7-3 of the Law that is in effect provides that any person who accidentally

collides with and kills a deer while operating a vehicle on a roadway, may retain possession of the

said deer, provided that the person shall have the deer tagged by the Department or the

Department’s designee. The proposed amendments to the Law provide that any person who

accidentally collides with and kills a deer while operating a vehicle on a roadway may retain

possession of the said deer, provided that the person shall have the deer tagged by the State of

Wisconsin. [4 O.C. 406.7-3]. The proposed amendments to the Law change the responsibility for

who tags the deer from the Department or its designee to the State of Wisconsin based on the

recommendations from the Oneida Police Department and Conservation Department. During work

meetings on the development of these amendments the Oneida Police Department and the

Conservation Department provided that they do not currently respond to requests to tag any deer

that a vehicle has collided with, and instead that when this occurs they refer individuals who have

collided with a deer to follow the process set forth by the State of Wisconsin.

There are no recommend revisions to the Law based on this comment.

LOC Consideration

Comments 5 through 6 – Hunting Party Size:

406.9. Hunting

406.9-2. General Hunting Restrictions. Persons may not, unless specifically authorized by a

permit, if applicable, do any of the following:

(g) Hunt in a party of more than fifteen (15) persons;

Sidney White (oral): I do have some concerns with increasing the hunting party from the size of

ten (10) to fifteen (15). My experience is once you start getting, you know, more than one (1)

hunting party in a relatively, you know, close area, that one (1) or two (2) mile area, then that can

potentially go from thirty (30) people to forty-five (45) people. That's kind of in my experience

out in the field, and I think safety becomes like a concern, especially when you start adding, you

know, children that are in there or younger hunters too.

Jerome Webster (oral): And same, I guess I'm same thing. Well, you got me going now. So, with

the ten (10) to fifteen (15) people. He's like going back to Sids, yes, I totally understand what he's

talking about, but I would say keep it at ten (10). Yes, and all of us got big families and whatever

and we all like to hunt together and but like you said, we don't got the room. Unless we buy some

more land, but yes, I would like to try to keep it at ten (10).

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Response

Overall, both commenters express safety concerns regarding the expansion of the allowable

hunting party size, and instead would like to see the hunting party size limitations remain as

currently provided in the Law.

Section 406.9-2(g) of the currently effective Law provides that persons may not, unless specifically

authorized by a permit, hunt in a party of more than ten (10) persons. The proposed amendments

to the Law expand the allowable hunting size so that persons may not, unless specifically

authorized by a permit, hunt in a party of more than fifteen (15) persons. [4 O.C. 406.9-2(g)]. The

Legislative Operating Committee made the decision to expand the allowable hunting party size

based on concerns regarding the ability of a hunting party size to be monitored and enforced, and

that the increased hunting party size might better reflect what is actually occurring in hunting

parties.

The Legislative Operating Committee may determine whether or not to reconsider its decision to

expand the allowable hunting party size from ten (10) to fifteen (15) persons. The Legislative

Operating Committee may make one of the following decisions:

1. The proposed amendments to the Law should remain as currently drafted and allow a

hunting party size up to fifteen (15) persons.

2. The proposed amendments to the Law should revert to the currently effective language and

the Law should provide that a hunting party cannot exceed ten (10) persons.

LOC Consideration

Comments 7 through 8 – Designated Hunters:

406.9. Hunting

406.9-4. Designated Hunters. A permittee may name a designated hunter to hunt, fish, or

trap on behalf of the permittee in the event that the permittee is physically or legally unable

to take pursuant to their own permit, provided that, the designated hunter shall provide their

name and contact information to the Department along with a signed statement from the

original permittee naming the designated hunter. The designated hunter shall receive the

Department’s approval of the designation before using the permits of the original permittee.

(a) To be eligible to be named a designated hunter, the named person shall:

(1) Possess a valid hunting license;

(2) Be eligible for the permits for which the person is named the designated

hunter; and

(3) Meet any other requirements of the rules created pursuant to this law.

(b) Designated hunters may hunt for an unlimited number of permittees.

OOCJDOD;

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permittee; the designated hunter shall transfer any wildlife taken by designation to

the original permittee’s possession as soon as practicable following the taking.

Sidney White (oral): The other concern I have is on 406.9-4-(b) allowing designated hunters to

hunt for an unlimited number of permittees instead of being limited to the number authorized by

the rules. I could see that having like some issues as you know if somebody's you know, going

hunting and you know, harvesting multiple deer for multiple people, I feel like that should be a

privilege that should be reserved for Tribal members only. I also have concerns that if you're going

to be harvesting an animal for, for another elder or or an elder is that that entire animal should go

to the elder. It's been my experience is like where, you know, somebody harvest a deer for an elder

and it's like, well, we'll just split it half. I think that's like a privilege and I think if somebody takes

that on for hunting like the entire animal should you know, going to that that elder. which I think

the Nation could potentially do stepping up like food sovereignty and having some type of

processing to make sure that you know an elder gets like a finished, a finished product as far as

like butchering.

Sidney White (oral): And then for designated hunters, there is a comment in there under M and

it says line 272 which is legally unable to take their own permit. I I would like clarification that if

there are tribal members that are felons, they cannot like firearm, use a firearm to hunt. Can they

obtain a permit for the gun deer season and designate someone to hunt for them? I think that needs

to be clarified because there has been like some discussion of tribal members that are felons that

do bow hunt only getting. maybe like one (1) or two (2) tags. If we had like a elder that is a felon

and you know can't have a firearm, are they still going to get a tag to be able to use for the gun

deer season?

Apologize here, I just want to go through the rest of my notes just to make sure I have everything.

I believe that wraps up like my comments on there and I I appreciate the opportunity to provide

the oral testimony or oral feedback on these. Those are some of the things that I feel like are

important and you know, just I think maybe being able to get like some of that information.

Especially like the data aspect and then making sure that we maintain our sovereignty. I I would

hate to see something going over to, you know, the State of Wisconsin only. I'm sure that's not like

what's going to happen. I just want to make sure that that's how it reads and and in the law. Thank

you.

Response

Overall, the commenter expresses some concerns and need for clarification regarding designated

hunters. The commenter expresses concern that the proposed amendments to the Law allow

designated hunters to hunt for an unlimited number of permittees, and expresses that the ability to

harvest multiple deer for multiple people should be a benefit reserved for Tribal members. The

commenter also expresses concern that it should be ensured that a deer harvested by a designated

hunter be provided in totality to the original permittee. The commenter also questions whether a

Tribal member who is a felon and cannot legally use their own weapon to hunt can obtain a

designated hunter.

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The Law addresses designated hunters and provides that a permittee may name a designated hunter

to hunt, fish, or trap on behalf of the permittee in the event that the permittee is physically or legally

unable to take pursuant to their own permit, provided that, the designated hunter shall provide their

name and contact information to the Conservation Department along with a signed statement from

the original permittee naming the designated hunter. [4 O.C. 406.9-4]. It appears that the statement

that a person could use a designated hunter if they are “legally unable to take pursuant to their own

permit” would answer the commenter’s question regarding whether this applies to those

individuals who may not be able to possess a firearm due to legal reasons – unless further

restrictions `by the Conservation Department through the rules exists. The Law then provides that

the designated hunter shall receive the Department’s approval of the designation before using the

permits of the original permittee. Id. To be eligible to be named a designated hunter, the named

person shall possess a valid hunting license; be eligible for the permits for which the person is

named the designated hunter; and meet any other requirements of the rules created pursuant to this

law. [4 O.C. 406.9-4(a)]. Any wildlife taken by a designated hunter remains the property of the

original permittee; the designated hunter is required to transfer any wildlife taken by designation

to the original permittee’s possession as soon as practicable following the taking. [4 O.C. 406.94(c)]. This provision of the Law addresses the commenter’s concerns that a designated hunter be

required to provide the entire animal to the original permittee.

Section 406.9-4(b) of the currently effective Law provides that designated hunters may hunt for

the number of permittees as authorized by the rules developed pursuant to this law – which

currently provides in section 4-7(a)(7) of the Rule Handbook that designated deer hunters may

only take antlerless deer and, regardless of the number of tags issued to the original permittee, may

fill a maximum of two (2) deer carcass tags on behalf of the original permittee. The proposed

amendments to the Law provide that designated hunters may hunt for an unlimited number of

permittees. [4 O.C. 406.9-4(b)]. The Legislative Operating Committee decided to remove any

limitation on the number of permittees a designated hunter may hunt for in an effort to ensure that

the highest number of permittees end the season obtaining animals that can be used to feed a family

- no matter whether or not that animal may have been harvested through the same designated

hunter.

The Legislative Operating Committee may determine whether further restrictions on designated

hunters should be explored.

LOC Consideration

Comments 9 through 10 – Youth Hunters:

406.9. Hunting

406.9-5. Age Restrictions.

(a) Persons between the ages of ten (10) and fourteen (14) years old may only hunt if

they have obtained the required license and permits and are under the immediate

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supervision of a parent, legal guardian, or a responsible adult to which a parent or

legal guardian has delegated their supervisory responsibilities.

(1) The parent, legal guardian, or responsible adult shall have a valid license

and any required permits.

(2) Adults accompanying youth hunters pursuant to this section shall remain

within voice and sight contact of the youth hunters at all times.

(b) Tribal members, descendants, non-member Indians and dependents having less

than ten (10) years of age may accompany a mentor while hunting, provided that

youth under the age of ten (10) may not use a weapon during the hunt.

(1) In order to be eligible to be a mentor, the person shall:

(A) Be at least eighteen (18) years old;

(B) Have a valid license and any required permits; and

from the hunter’s parent or legal guardian to be the hunter’s mentor

(2) Mentors may mentor a maximum of two (2) youth hunters at the same

time; and

(3)

The mentor shall remain within an arm’s grasp of each youth hunter

at all times.

Sidney White (oral): I do have like some questions or would like clarifications on the ten (10) to

fourteen (14) year old. If we look at the State of Wisconsin, there is a mentor and mentee hunt for

like ten (10) and eleven (11) year olds. Those don't require hunter safety. I would like clarification

on this rule is if a ten (10) and eleven (11) year old can come and hunt without hunter safety and

being within within arm reach. I do see that it mentioned like having all the licenses and permits.

I guess like my my clarification going forward is can a ten (10) and eleven (11) year old get a

mentee license and permit in the absence of completing hunter safety the similar to that the State

of Wisconsin offers.

Jerome Webster (oral): Jerome Webster, I got. Yes, I agree with the just the restrictions for the

younger ones, but even I would say we could even lower the age limit from below ten (10) long

as you are the mentor or the responsible adult. But I just don't, like I said, I'm reading this from it

says from the ages of ten (10) to fourteen (14). Don't we only got to be twelve (12) to they obtain

a hunter safety? For the tribe? For the state, it is ten (10). But just reading that I'm agreement with

that, allowing the younger we, like you said, we need our kids out there.

Response

The commenters both discuss how the amendments to the Law address age restrictions for youth

hunters. One commenter requests clarification on whether a ten (10) and eleven (11) year old can

get a mentee license and permit in the absence of completing hunter safety – while the other

commenter suggests lowering the age restrictions even further as it would be beneficial for the

Nation to have more youth hunters.

Section 406.9-5 of the currently effective Law addresses age restrictions through three (3) main

age group designations by providing that:

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

persons between the ages of twelve (12) and fourteen (14) years old may only hunt if they

have obtained the required license and permits and are under the immediate supervision of

a parent, legal guardian or a responsible adult to which a parent or legal guardian has

delegated his or her supervisory responsibilities.

Tribal members, descendants, non-member Indians and dependents aged ten (10) or eleven

(11) years old may hunt if they have a mentor present while hunting and have obtained any

required licenses and permits.

Tribal members, descendants, non-member Indians and dependents having less than ten

(10) years of age may accompany a mentor while hunting, provided that youth under the

age of ten (10) may not use a weapon during the hunt.

The proposed amendments to the Law look at combining the age groups of ten (10) or eleven (11)

year olds and twelve (12) and fourteen (14) year olds, and provides the following:

 Persons between the ages of ten (10) and fourteen (14) years old may only hunt if they have

obtained the required license and permits and are under the immediate supervision of a

parent, legal guardian, or a responsible adult to which a parent or legal guardian has

delegated their supervisory responsibilities

 Tribal members, descendants, non-member Indians and dependents having less than ten

(10) years of age may accompany a mentor while hunting, provided that youth under the

age of ten (10) may not use a weapon during the hunt. [4 O.C. 406.9-5].

Therefore, all youth hunters ages ten (10) through fourteen (14) would be treated the same and

required to obtain the required license and permits. Id. Adults accompanying youth hunters aged

ten (10) through fourteen (14) are required to remain within voice and sight contact of the youth

hunters at all times. [4 O.C. 406.9-5(a)(2)]. For those youth hunters younger than ten (10) years

of age, they can accompany a hunter during a hunt without any licenses and permits, but they may

not use a weapon and have to remain within an arm’s grasp of their mentor at all times. [4 O.C.

406.9-5(b)(3)].

The Legislative Operating Committee may determine whether age restrictions under the Law need

any reconsideration moving forward.

LOC Consideration

Comments 11 – Disabled Hunter Permits:

406.6. Licenses and Permits

406.6-6. Disabled Hunter Permits. The Department may issue a disabled hunter permit to

any person who is physically disabled, upon a showing of medical verification of a physical

disability that results in mobility issues that makes it necessary for the disabled hunter to

hunt from a stationary vehicle. Disabled hunters shall display the disabled hunter permit

sticker in a manner and location as required by the Department. A disabled hunter permit

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authorizes a person to hunt from a stationary vehicle within fifty (50) feet on the center of a

road as further detailed in the rules developed pursuant to this law.

Jerome Webster (oral): And, well, I thought, well, I'm going to the the requirement that medical

verification for disabled hunters, which I am disabled hunter and I showed all my paperwork when

I got when I had to get my permit. So yes, they should, you should have to show it something from

your doctor showing that you are disabled or you have mobility issues. Grim up with that.

And I think that's I'm I'm good with everything else unless I figure out something else. Thank you.

Response

The commenter expresses support that an individual who seeks a disabled hunters permit should

have to provide medical verification.

A disabled hunter permit authorizes a person to hunt from a stationary vehicle within fifty (50)

feet on the center of a road. [4 O.C. 406.6-6]. Section 406.6-6 of the currently effective Law

provides that the Conservation Department may issue a disabled hunter permit to any person who

is physically disabled, upon a showing of medical verification of a physical disability. The

proposed amendments to the Law goes a little bit further and provides that the Conservation

Department may issue a disabled hunter permit to any person who is physically disabled, upon a

showing of medical verification of a physical disability that results in mobility issues that makes

it necessary for the disabled hunter to hunt from a stationary vehicle. [4 O.C. 406.6-6]. The

proposed amendment attempts to build a better connection between a disability that results in

mobility issues and the need for a disability permit which allows for an individual to hunt from a

stationary vehicle.

There are no recommended revisions based on this comment.

LOC Consideration

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

=DDDDOO

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE

PUBLIC MEETING

Hunting, Fishing, and Trapping Law Amendments

Norbert Hill Center Business Committee Conference Room and Microsoft Teams

August 15, 2025

12:15 p.m.

Present: Jonas Hill, Carolyn Salutz, Grace Elliott, Jerome Webster, Sidney White

Jonas Hill: Good Afternoon, the time is 12:15 p.m. and today’s date is Friday, August 15, 2025.

I will now call to order the public meeting for the proposed Hunting, Fishing, and Trapping law

amendments.

The Legislative Operating Committee is hosting this public meeting to gather feedback from the

community regarding these legislative proposals. The public meeting is not a question and answer

period. The LOC will review and consider all comments received during the public comment

period. The LOC will respond to all comments received in a memorandum, which will be

submitted in the meeting materials of a future LOC meeting.

All persons who wish to present oral testimony in person need to register on the sign in sheet.

Individuals who wish to present oral testimony on Microsoft Teams, please raise your hand and

you will be called on. If you leave an email address on the sign in sheet we can ensure you receive

a copy of the public comment review memorandum.

Additionally, written comments may be submitted to the Nation’s Secretary’s Office or to the

Legislative Reference Office in person, by U.S. mail, interoffice mail, e-mail or fax as provided

on the public meeting notice. These comments must be received by close of business on Friday,

August 22, 2025.

In attendance from the LOC is myself, Jonas Hill.

The LOC may impose a time limit for all speakers pursuant to section 109.8-3(c) of the Legislative

Procedures Act. As the presiding LOC member, I am imposing a time limit of five (5) minutes

per person. This time limit shall be applied equally to all persons.

We will now begin today’s public meeting for the proposed Hunting, Fishing, and Trapping law

amendments.

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 15, 2025

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The purpose of the Hunting, Fishing, and Trapping law is to protect and conserve wildlife on the

reservation and to promote respect among sportsmen, for both the environment and fellow

sportsmen.

The proposed amendments to the Hunting, Fishing, and Trapping law will:

 Eliminate the Environmental Resource Board (ERB) from the law and delegate all

responsibilities of ERB provided in the law, except hearing authority, to the Conservation

Department throughout the entire law;

 Require the Conservation Department draft rules that identify designated seasons and/or

hunting hours for elder, disabled, and youth hunts;

 Eliminate the requirement that the Conservation Department draft rules establishing a

process for retention, storage and disposal of items confiscated or turned over to the

Department in accordance with this law;

 Require the Conservation Department draft rules that regulate the use of recovery and

retrieval services and methods;

 Require the Conservation Department draft rules that regulate the care and husbandry of

animals used to hunt or animals used for private game hunting;

 Eliminate the requirement that a rule booklet be provided to each person receiving a license

permit;

 Recognize that wardens fall within the organization of the Oneida Police Department and

not the Conservation Department, and therefore prescribe all responsibilities/duties of the

wardens to the Oneida Police Department officers;

 Adds beaver to list of animals a landowner, lessee, or designee is allowed to hunt or trap

on property they own or lease year round without a sportsman license;

 Eliminate the provision that allowed any licensee holding a fishing only sportsman license

to name a designated hunter to fill the hunting or trapping permits that regularly accompany

a sportsman license;

 Eliminate the requirement that at least eighty-five percent (85%) of the group and/or

organization members be Tribal members for groups/organizations that seek a ceremonial

and/or feast permit;

 Require that all persons participating in the ceremonial and/or feast hunt be tribal members,

descendants, or a spouse of a tribal member in addition to the requirement that they be

named hunters on the permit;

 Require that medical verification for a disabled hunter permit show that the physical

disability results in mobility issues that makes it necessary for the disable hunter to hunt

from a stationary vehicle;

 Provide that any person who has had a license or permit denied may appeal the

Department’s decision by requesting a hearing before the Trial Court instead of ERB;

 Increase the allowable size of a hunting party from ten (10) to fifteen (15) persons;

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 15, 2025

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

Allow designated hunters to hunt for an unlimited number of permittees, instead of being

limited to the number authorized by the rules;

Adjust the age restrictions for minors, now allowing all persons between the ages of ten

(10) and fourteen (14) years old the ability to hunt if they have obtained the required license

and permits and are under the immediate supervision of a parent, legal guardian, or a

responsible adult to which a parent or legal guardian has delegated their supervisory

responsibilities; and

Make other minor drafting revisions.

Those who wish to speak please raise your hand. Please state your name when making a comment,

and which law you are commenting on. First up to speak is Sid White online.

Sidney White: Hi, how are you doing today? Sidney White, and I'd like to comment on the

Hunting, Fishing and Trapping law amendments. Thank you for the opportunity, Councilman Hill,

I guess like the first one that I have like a little bit of concern is, is eliminating the requirement that

at least eight-five percent (85%) of the group and organization members be tribal members. I kind

of look at these being like our resources for our Tribal members and I'd like to ensure that these

are being utilized for Tribal members. I'm not sure like what that percent is like eighty-five (85). I

do think it should be like a significant portion of Tribal members that would benefit from a

ceremonial or feast permit.

Also do have some concerns about naming the hunters on the permit, if it's going to be just like a

paper permit or if they'll be like some digital means to add people to the permit. We all know that

when we go hunting and we might have ten (10) guys and maybe three (3) of them drop out. If we

want to add another three (3), there should be like a digital mechanism to to add those to the permit.

I do have some concerns where it says 4 O.C. 406.7-3 when it talks about the state of Wisconsin

being the ones that would tag a deer, I guess like my concern is, does that read as exclusively to

the state of Wisconsin? So, if we do have, you know, a conservation warden or one of the Oneida

Police officers, would they still be able to tag a deer? Again, I'm not the content expert on that, but

I would like clarification on that.

I do have some concerns with increasing the hunting party from the size of ten (10) to fifteen (15).

My experience is once you start getting, you know, more than one (1) hunting party in a relatively,

you know, close area, that one (1) or two (2) mile area, then that can potentially go from thirty (30)

people to forty-five (45) people. That's kind of in my experience out in the field, and I think safety

becomes like a concern, especially when you start adding, you know, children that are in there or

younger hunters too.

The other concern I have is on 406.9-4-(b) allowing designated hunters to hunt for an unlimited

number of permittees instead of being limited to the number authorized by the rules. I could see

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 15, 2025

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that having like some issues as you know if somebody's you know, going hunting and you know,

harvesting multiple deer for multiple people, I feel like that should be a privilege that should be

reserved for Tribal members only. I also have concerns that if you're going to be harvesting an

animal for, for another elder or or an elder is that that entire animal should go to the elder. It's been

my experience is like where, you know, somebody harvest a deer for an elder and it's like, well,

we'll just split it half. I think that's like a privilege and I think if somebody takes that on for hunting

like the entire animal should you know, going to that that elder. which I think the Nation could

potentially do stepping up like food sovereignty and having some type of processing to make sure

that you know an elder gets like a finished, a finished product as far as like butchering.

I do have like some questions or would like clarifications on the ten (10) to fourteen (14) year old.

If we look at the State of Wisconsin, there is a mentor and mentee hunt for like ten (10) and eleven

(11) year olds. Those don't require hunter safety. I would like clarification on this rule is if a ten

(10) and eleven (11) year old can come and hunt without hunter safety and being within within

arm reach. I do see that it mentioned like having all the licenses and permits. I guess like my my

clarification going forward is can a ten (10) and eleven (11) year old get a mentee license and

permit in the absence of completing hunter safety the similar to that the State of Wisconsin offers.

I do have a couple more notes. I apologize cause I put them like further down into the document.

The other, the other question or maybe like request would be when we're talking about ceremonial

or feast permits is that we have you know some type of data to to identify how often this has been

utilized. In the the description it it identifies, you know, a funeral feast. You know, I know there's

community members that aren't aware of the ceremonial or feast permit. I've, you know, talked

with a couple of them that have, you know, like men's groups or maybe do sweat or recovery

groups and and I hear the comments of like boy I'd like to have, you know, like a deer to, you

know, slice and, you know, make it into a traditional soup and they don't hunt and they're not really

aware. So I would like to see like some data presented to the community, like how often is

ceremony or feast permits use and like what context are they used for. And then maybe just like a

better job of like making that aware to the people that especially like the elders that are are working

with some of these groups and and ceremonial, spiritual and recovery. I think that could be

something that we could do a better job at.

And then for designated hunters, there is a comment in there under M and it says line 272 which

is legally unable to take their own permit. I I would like clarification that if there are tribal members

that are felons, they cannot like firearm, use a firearm to hunt. Can they obtain a permit for the gun

deer season and designate someone to hunt for them? I think that needs to be clarified because

there has been like some discussion of tribal members that are felons that do bow hunt only getting.

maybe like one (1) or two (2) tags. If we had like a elder that is a felon and you know can't have a

firearm, are they still going to get a tag to be able to use for the gun deer season?

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 15, 2025

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Apologize here, I just want to go through the rest of my notes just to make sure I have everything.

I believe that wraps up like my comments on there and I I appreciate the opportunity to provide

the oral testimony or oral feedback on these. Those are some of the things that I feel like are

important and you know, just I think maybe being able to get like some of that information.

Especially like the data aspect and then making sure that we maintain our sovereignty. I I would

hate to see something going over to, you know, the State of Wisconsin only. I'm sure that's not like

what's going to happen. I just want to make sure that that's how it reads and and in the law. Thank

you.

Jonas Hill: Thank you, Doctor White. Anybody else want to submit a comment?

Jerome Webster: Jerome Webster, I got. Yes, I agree with the just the restrictions for the younger

ones, but even I would say we could even lower the age limit from below ten (10) long as you are

the mentor or the responsible adult. But I just don't, like I said, I'm reading this from it says from

the ages of ten (10) to fourteen (14). Don't we only got to be twelve (12) to they obtain a hunter

safety? For the tribe? For the state, it is ten (10). But just reading that I'm agreement with that,

allowing the younger we, like you said, we need our kids out there.

And same, I guess I'm same thing. Well, you got me going now. So, with the ten (10) to fifteen

(15) people. He's like going back to Sids, yes, I totally understand what he's talking about, but I

would say keep it at ten (10). Yes, and all of us got big families and whatever and we all like to

hunt together and but like you said, we don't got the room. Unless we buy some more land, but

yes, I would like to try to keep it at ten (10).

And, well, I thought, well, I'm going to the the requirement that medical verification for disabled

hunters, which I am disabled hunter and I showed all my paperwork when I got when I had to get

my permit. So yes, they should, you should have to show it something from your doctor showing

that you are disabled or you have mobility issues. Grim up with that.

And I think that's I'm I'm good with everything else unless I figure out something else. Thank you.

Jonas Hill: Alright, thank you, Jerome. I'm just gonna do one last call. One last call for comments.

All right. With there being no more speakers, the public meeting for the proposed Hunting, Fishing

and Trapping law amendments is now closed at 12:33 PM. Written comments may be submitted

until close of business on Friday, August 22, 2025. Thank you everybody, and have a great day.

-End of Meeting-

A good mind. A good heart. A strong fire.

LOC Public Meeting Transcript of August 15, 2025

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Title 4. Environment and Natural Resources – Chapter 406

HUNTING, FISHING AND TRAPPING

Lutol@tha>, Latsyw@aha> O>kh@le Atlist@y< Tsi> Kayanl^hsla

Our laws concerning hunting, fishing and trapping

HUNTING, FISHING, AND TRAPPING

406.1.

406.2.

406.3.

406.4.

406.5.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Jurisdiction

Administration and Supervision

406.6.

406.7.

406.8.

406.9.

406.10.

Licenses and Permits

General Regulations

Wildlife Damage and Nuisance Control

Hunting

Enforcement and Penalties

406.1.

Purpose and Policy

406.1-1. Purpose. The purpose of this law is to protect and conserve wildlife on the reservation

and to promote respect among sportsmen, respect for both the environment and fellow sportsmen.

406.1-2. Policy. It is the policy of this lawthe Nation to provide:

(a) An adequate and flexible system for the protection, management, supervision,

conservation, and enhancement of all wildlife and natural resources on the reservation; and

(b) An enforceable system of licensing and permitting which establishes clear rules

pursuant to the Administrative Rulemaking law related to hunting, fishing, and trapping,

and associated fines and penalties for violations of this law and the said rules.

406.2.

Adoption, Amendment, Repeal

406.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-31-94C, and amended by resolutions BC-04-24-96-A, BC-07-22-98-A, BC-09-13-00-D, BC-06-04-03A, BC- 06-30-04-I, BC-07-13-05-E, BC-08-29-07-F, BC-06-24-09-E, BC-08-26-10-I, BC-12-1411-E, BC-05-22-13-A, BC-01-25-17-D and, BC-07-26-17-F ., and BC-__-__-__-__.

406.2-2. 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.

406.2-3. 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.

406.2-4. 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.

406.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

406.3.

Definitions

406.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Aircraft” means a conveyance that can travel through the air and that is supported

either by its own lightness or by the action of the air against its surfaces. The term includes

hovercraft and both manned aircraft such as airplanes and helicopters and unmanned

aircraft such as drones.

(b) “Barrel Lengthlength” means the length of a gun’s barrel as measured from the

muzzle to the firing pin with the action closed, or from the muzzle to the breech face.

Environmental Resources Boardphysical condition.

(d) “Daily Bag Limitbag limit” means the maximum number of a species of wildlife that

4 O.C. 406 – page 1

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a person may take during a twenty-four (24) hour period measured from midnight to

midnight.

(e) “Department” means the Oneida Conservation Department.

(f) “Dependent” means a person under the age of eighteen (18) who is the child or stepchild of a Tribal member or who lives with a Tribal member for more than half of the year.

(g) “Designated Hunter(g) “Descendant” means a person who is registered with, and

recognized by, the Oneida Trust Enrollment Department as being the descendant of an

enrolled member of the Nation.

(h) “Designated hunter” means the person named by a permittee as authorized to harvest

wildlife on behalf of the permittee pursuant to the permit held by the permittee.

(hi) “Elder” means any person fifty-five (55) years of age or older.

(ij) “Endangered or Threatenedthreatened” means any species of wildlife within the

reservation in danger of extinction or likely to become in danger of distinction as

recognized by ERB and the Department and under federal law.

(jk) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law, which is payable to ERB or the Department within the

amount of time designated by the rules.

(kl) “Fishing” means the taking, capturing, harvesting, or attempting to take, capture or

harvest fish of any variety in any manner.

(l(m) “Great bodily harm” means bodily injury which creates a substantial risk of death,

or which causes serious permanent disfigurement, or which causes a permanent or

protracted loss or impairment of the function of any bodily member or organ or other

serious bodily injury.

(n) “Hunt” or “Hunting” means shooting, shooting at, pursuing, taking, attempting to

take, catch, harvest or attempting to harvest any wildlife.

(mo) “License” means a written document issued by the Department granting authority

to engage in specific activities covered under this law and the rules created pursuant to this

law.

(np) “Loaded” means any firearm containing a cartridge in the chamber or any firearm

containing a cartridge or cartridges in the attached cylinder, magazine, or clip.

(1) Muzzleloading firearms may not be considered loaded if a percussion cap is not

covering the percussion nipple or .209 primers are not in the receiver.

(2) Flint lock muzzleloading firearms may not be considered loaded if the flash pan

is cleaned of powder.

(oq) “Nation” means the Oneida Nation.

(pr) “Non-Indian” means a person who is not a member of any federally recognized

Indian tribe, band, or community.

(qs) “Non-Member Indian” means a person who is a member of a federally recognized

Indian tribe, band, or community other than this Nation.

(rt) “Nuisance Animal” means any wildlife causing and one (1) or combination of the

following:

(1) Damage to property;

(2) Damage to or endangered or threatened species of wildlife and/or plants;

(3) Depredation of crops and/or livestock; or

(4) Health and/or safety risks posed to persons.

(su) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

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confiscation of equipment and/or wildlife with return of the same at the discretion of ERB,

the imposition of a wildlife protection assessment (civil recovery value), revocation and/or

ineligibility for licenses and/or permits for a specified period of time, and restitution.

(tv) “Permit” means a document, stamp or tag authorizing a specific activity which is

issued by the Department to the holder of a license.

(uw) “Protected Speciesspecies” means any species of wildlife that is not endangered or

threatened, but for which ERBthe Department has established seasons, daily bag limits, or

otherwise restricted the taking of.

(vx) “Reservation” means all the property within the exterior boundaries of the reservation

of the Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any

lands added thereto pursuant to federal law.

(wy) “Rule” means a set of requirements, including citation fees and penalty schedules,

enacted by ERB and/or the 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.

(xz) “Take” or “Taking” means pursuing, shooting, hunting, fishing, netting (including

placing or setting any net or other capturing device), capturing, harvesting, snaring or

trapping any wildlife, or attempting any of the foregoing.

(yaa) “Transport” means to bring or move from one place to another by means of carrying,

dragging, pushing, towing, or storing in or on a vehicle, aircraft or boat.

(zbb) “Trapping” means the taking of, or attempting to take, any wildlife by means of

setting or operating any device or mechanism that is designed, built, or made to close upon,

hold fast, snare or otherwise capture wildlife.

(aacc) “Tribal Landland” means any land within the reservation that is held in fee or in

trust and is owned by the Nation, a Tribal member, or a non-member Indian.

(bbdd) “Tribal Membermember” means an enrolled member of the Nation.

(ccee) “Vehicle” means any self-propelled conveyance that derives power from a motor

and is used to transport persons or objects over land, including but not limited to, an

automobile, truck, sport utility vehicle, snowmobile, motorcycle, all-terrain vehicle, moped

or similar conveyance.

(dd(ff) “Warden” means an officer of the Oneida Police Department whose duties include

the protection of wildlife and natural resources.

(gg) “Wildlife” means any non-domesticated mammal, bird, fish, reptile, or amphibian, or

any part or carcass of the same. 1

406.4.

Jurisdiction

406.4-1. This law applies to the following persons:

(a) All Tribal members,

(b) All non-member Indians,

(1) apply for and receive a license and/or permit, and/or

(2) enter Tribal land,

(d) All persons as otherwise permitted under federal law.

For additional information, please reference the definition of “domestic animal” in the Nation’s Domestic Animal

law; any animal that does not fall into the “domestic animal” classification is considered “wildlife” for the purpose

of this law.

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406.4-2. This law applies:

(a) within the boundaries of the reservationReservation, and

(b) on lands held in trust for the Nation outside the boundaries of the reservation.

406.4-3. Jurisdiction. The Nation has jurisdiction over the management and regulation of the

Nation’s natural resources. However, this law shall not negate the jurisdiction of the State of

Wisconsin in certain instances involving non-member Indians and non-Indians. Thus, to hunt,

fish, or trap on tribal land, non-member Indians and non-Indians shall adhere to the Nation’s

license, permit, and tag requirements and may also be subject to the requirements of the State of

Wisconsin. License and permit holders may not exercise any hunting, fishing, or tapping

privileges within the Reservation boundaries using a State of Wisconsin license that would amount

to greater privileges than those affordafforded pursuant to this Law and associated rules.

406.5.

Administration and Supervision

406.5-1. ERB and theThe Department, shall protect, manage, supervise, conserve, and enhance

all wildlife within the reservation. ERB and theThe Department shall jointly establish and maintain

the rules in accordance with the Administrative Rulemaking law that are required to implement

this law. The Department shall administer and enforce this law and the rules created pursuant to

this law.

406.5-2.

Administrative Rulemaking Authority. In addition to any other duties delegated to

ERB and the Department under this law, jointly, ERB and the Department areis hereby jointly

delegated the rulemaking authority in accordance with the Administrative Rulemaking law to:

(a) Determine the types and number of licenses and permits that may be issued by the

Department, including how many licenses and permits that may be issued to non-Indian

hunters.

(b) Establish a fee schedule and application requirements and deadlines for obtaining

licenses and/or permits.

wildlife, the needs of conservation, and the objective of achieving a fair allocation of the

harvest. Restrictions in such rules may include, but are not limited to, limits related to

gender, species, size, age, and maturity.

(d) Based on the monitoring and supervision of all wildlife, when necessary, declare any

species in need of protection a protected species or an endangered or threatened species,

and thereafter modify or revoke such declarations as may be appropriate.

(e) Fix, shorten, extend, or close seasons and hunting hours on any wildlife. Provided that

ERB and the Department

(1) The rules shall base the open season for theidentify designated seasons and/or

hunting of migratory birds on the Nation’s agreement with the U.S. Fishhours for

elder, disabled, and Wildlife Serviceyouth hunts.

(f) Establish and/or modify areas’ territorial limits, including bodies of water or parts

thereof, for any of the following, as may be necessary:

(1) the taking of wildlife;

(2) other specified areas, pursuant to the rules jointly developed by ERB and the

Department.

(g) Establish methods for checking persons into and out of areas specified under subsection

(f) above.

(h) Regulate the operation of boats upon reservation waters and the operation of vehicles

and aircraft used while hunting, fishing, or trapping.

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(i) Regulate and prescribe the means and methods by which wildlife may be taken,

including, but not limited to, the use of:

(1) bait;,;

(2) decoys;

(3) hunting dogs;

(4) traps;

(5) firearms;

(6) ammunition;

(7) laser sights; and

(8) night vision.

(j) Regulate the transportation, registration, tagging, and storage of all wildlife within the

reservation and the shipment or transportation of wildlife off the reservation.

(k) Prescribe safety and fire control measures and other rules as may be necessary for

range, forest; or wildlife management, and/or for the safety and welfare of outdoor

recreationists, landowners, lessees, occupants, and the Nation.

(l) Establish a process for retention, storage and disposal of items confiscated or turned

over to the Department in accordance with this law and the rules established pursuant to

this law.

(m) (l) Establish a citation schedule that sets the monetary fines and penalties for violations

of this law and/or the rules established pursuant to this law.

(n(m) Regulate use of recovery and retrieval services and methods.

(n) Regulate the care and husbandry of animals used to hunt or animals used for private

game hunting.

(o) Create other rules as specifically directed throughout this law or as may be necessary

to implement this law. ERB shall provide notice of said rules on the Nation’s website and

ERB and/or the Department shall develop a rule booklet, which the Department shall

provide to each person receiving a license or permit pursuant to this law.

406.5-3. Oneida Police Department Officers and Wardens. Oneida Police Department officers

and/or wardens shall enforce this law and corresponding rules on the reservation, and, accordingly

shall:

(a) Observe persons engaged in hunting, fishing and/or trapping in order to ensure that the

methods and equipment utilized are lawful.

(b) Investigate reports of violations of wildlife and environmental laws, including, but not

limited to, this law and corresponding rules.

(d) Issue warnings and/or citations, which may include fines and/or penalties, for violations

of this law and/or the corresponding rules.

406.5-4. Oneida Police Department. Any Oneida Police Department officer, who observes a

violation of this law and/or corresponding rules, shall report such violation to the Department

and/or a Department warden. However, if immediate action is necessary to prevent imminent

danger to life or serious damage to property, the Oneida Police Department officer may issue a

warning or citation for the said violation(s) and/or prevent persons from committing the said

violation(s).

406.6.

Licenses and Permits

406.6-1. Sportsman License.

(a) A sportsman license is required for all persons hunting, fishing, or trapping on Tribal

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land, except:

(1) Fishing is permitted without a sportsman license for Tribal members,

dependents, and non-member Indians whom are sixteen (16) years of age or

younger.

(2) Landowners and, lessees, and guestsdesignees with the permission of the

landowners or lessees, may hunt and trap the following species on the property they

own or lease, year-round, without a sportsman license:

(A) coyote;

(B) fox;

(D) woodchuck;

(E) rabbit;

(F) squirrel;

(F)(G) beaver; and

(G)(H) any nuisance animal that is not an endangered or threaten species

and is also not a regulated or protected species.

(b) Anyone born on or after January 1, 1973, shall successfully complete a state-certified

hunter safety course to be eligible for a sportsman license, except that:

(1) Fishing Only Sportsman License. A sportsman license may be issued which

permits fishing only. In such circumstances, successful completion of a statecertified hunter safety course is not required and the Department shall internally

record such licenses as permitting fishing only.

(A) A person issued a “fishing only” sportsman license may not hunt or trap,

or be eligible to hunt or trap, until the licensee provides the Department with

proof of successful completion of a state-certified hunter safety course.

(B) Any licensee holding a fishing only sportsman license may name a

designated hunter to fill the hunting or trapping permits that regularly

accompany a sportsman license based on the rules established pursuant to

this Law. For the requirements related to naming a designated hunter, refer

to section 406.9-4.

406.6-2. Ceremonial and/or Feast Permit. Tribal members may apply for a ceremonial and/or

feast permit to group hunt wildlife outside of the regular applicable seasons.

(a) When the ceremonial and/or feast permit is for deer hunting, it may only be issued for

antlerless deer.

(b) A ceremonial and/or feast permit may be issued to a group and/or organization meeting

each of the following requirements:

(1) At least eighty-five percent (85%) of the group and/or organization members

are Tribal members;

(2) The agentdesignee of the group/organization is a Tribal member;

(32) The occasion for the ceremonial and/or feast requiring the hunt out of

season is recognized by the Oneida community; and

(43) The hunt takes place on the reservation.

the ceremonial and/or feast permit.:

(1) Named hunters on the ceremonial and/or feast permit; and

(2) Tribal members, descendants, or a spouse to a Tribal member.

(d) The agentdesignee of the group ceremonial and/or feast hunt shall notify thean Oneida

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Police Department officer or warden of the time and place where the hunt will take place

no later than twenty-four (24) hours prior to the hunt. The Oneida Police Department

officer or warden may monitor any portion, or the entirety, of the group ceremonial and/or

feast hunt.

406.6-3. Other Permits, Tags and Stamps. In accordance with this law and corresponding rules,

the Department may issue permits authorizing a person to engage in specific hunting, fishing

and/or trapping activities, including nuisance animal removal permits pursuant to section 406.8-2.

406.6-4. It is unlawful for any person to:

(a) Provide false information or fail to report relevant information as requested by the

Department, when applying for a license or permit; or

(b) Aid another in fraudulently securing a license or permit.

406.6-5. Except as provided under sections 406.6-1(b)(1)(A), 406.9-4 and 406.9-6, licenses

and/or permits are not transferable and may not be altered, defaced, or lent to or from another

person, any may not be used by any person other than the person to whom the license and/or permit

is issued.

406.6-6. Disabled Hunter Permits. The Department may issue a disabled hunter permit to any

person who is physically disabled, upon a showing of medical verification of a physical disability.

that results in mobility issues that makes it necessary for the disabled hunter to hunt from a

stationary vehicle. Disabled hunters shall display the disabled hunter permit sticker in a manner

and location as required by the Department. A disabled hunter permit authorizes a person to hunt

from a stationary vehicle within fifty (50) feet on the center of a road as further detailed in the

rules developed pursuant to this law.

406.6-7. Denial of a License or Permit.

(a) The Department may decline to issue a license and/or permit to an applicant if:

(1) The applicant has unpaid fines, civil assessments, other fees, and/or restitution

owed because of a violation of this law and/or corresponding rules.

(2) At any time and for any reason, the Department determines that issuing the

license and/or permit poses a risk to the health, safety, and/or welfare of the Nation,

to natural resources on the reservation, or to any persons. There is a rebuttable

presumption that an applicant poses such a risk under the following circumstances:

(A) At the time of the request, the applicant’s hunting, fishing, or trapping

license, permit, or related privileges are suspended or revoked in any

jurisdiction.

(B) Within three (3) years of the request, the applicant has repeatedly and/or

egregiously done any one (1) or more of the following:

(i) violated this law and/or corresponding rules and/or the hunting,

fishing, or trapping laws and regulations of other jurisdictions;

(ii) violated other laws or rules of the Nation while engaged in

hunting, fishing, or trapping activities; or

(iii) demonstrated poor judgment, disregard for safety or

unsportsmanlike behavior while hunting, fishing, or trapping;

including while interacting with other sportsmen or with wardens,

of this jurisdiction or any other.

threatening to impose great bodily harm on another. For the purposes of

this section, great bodily harm means bodily injury which creates a

substantial risk of death, or which causes serious permanent disfigurement,

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or which causes a permanent or protracted loss or impairment of the

function of any bodily member or organ or other serious bodily injury.

(b) Any person who has had a license or permit denied in accordance with section 406.67(a) may appeal the Department’s decision by requesting a hearing before ERBthe Trial

Court pursuant to section 406.10-4.

406.7.

General Requirements

406.7-1. Persons may not:

(a) Enter onto private lands and/or waters to take or retrieve wildlife, without permission

from the landowner, lessee, or occupant.

(b) Leave, deposit, place or throw litter, debris, wildlife, or any other waste material, on

the reservation’s lands and waters.

the Department’s decoys placed for law enforcement purposes by Oneida Police

Department officers or wardens or other law enforcement officers, and signs that give

notice of a hunting and/or trespass restriction.

(d) Carelessly waste wildlife. Persons hunting, trapping, or fishing shall make every

reasonable effort to retrieve all wildlife killed or crippled, provided that all persons shall

comply with section 406.7-1(a).

(e) Knowingly disturb any den, nest, lodge, hut, dam, or house that wildlife may build to

shelter themselves and their young.

(f) No person may take, pursue, injure, or harass small game while on or in its nest or den,

or remove any eggs or young except as may be approved in advance by the Environmental

Resource BoardDepartment for activities which may include, but are not limited to, normal

agricultural or horticultural practices or wildlife research practices.

(g) Harvest wildlife with the aid of an explosive, poison, exploding point or tip, electrical

device, or stupefyingstunning substance or agent.

(h) Take another person’s wildlife or disturb another person’s hunting, fishing, or trapping

equipment without permission; or otherwise interfere with the lawful hunting, fishing, or

trapping of another person.

(i) Stock or possess any live wildlife on the reservation without a permit.

(j) Introduce or release wildlife, fish eggs, or receptacles containing bait, on the

reservation or into reservation waters without a permit.

(k) Use in a reckless manner any device typically used for the harvesting of wildlife,

including but not limited to, firearms, bows, traps, and knives.

(l) Shoot firearms, or place or operate any traps, except live traps, within one hundred

(100) yards of any building structure, unless the owner-occupant, lessee, or tenant has

given permission.

(m) Use a gas -powered motorboat on the Nation’s waters, except for the Department’s use

for law enforcement and conservation purposes.

(n) Hunt, trap, or possess any hunting, or trapping equipment while on Tribal land where

hunting or trapping is expressly prohibited by the Nation’s laws or rules.

(o) Sell or purchase wildlife that was harvested on the reservation, except as may be

expressly allowed by this law and corresponding rules.

(1) Under no circumstances may trading, gifting, or sharing of wildlife for

traditional or ceremonial purposes be considered a violation of this section.

(p) Refuse to obey aan Oneida Police Department officer or warden’s lawful order.

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(q) Inflict or threaten to inflict bodily harm upon aan Oneida Police Department officer or

warden. For the purposes of this law, “bodily harm” means physical pain or injury or any

impairment of the physical condition.

406.7-2. Possession, Registration, and Transportation of Carcasses. No person may hunt, trap,

possess, or transport any wildlife unless he or she possessesthey possess the appropriate license

and any required permit, including tags, for harvesting and/or possessing such wildlife.

406.7-3. Any person who accidentally collides with and kills a deer while operating a vehicle on

a roadway, may retain possession of the said deer, provided that the person shall have the deer

tagged by the Department or the Department’s designeeState of Wisconsin.

406.7-4. Carcass Tags. Except as otherwise provided in this law and corresponding rules, any

person hunting a species of wildlife which is required to be tagged, shall possess a valid carcass

tag, and, upon harvest, shall immediately validate and attach the tag to the carcass in such manner

as ERB and the Department shall jointly establish in its the rules. No person may possess or

transport harvested wildlife that is not properly tagged in accordance with this law and

corresponding rules.

406.7-5. Health Advisory. ERB and the Department shall ensure that all hunting and fishing rule

booklets contain a warning stating that fish caught in Duck Creek, as well as ducks, geese and

other wildlife may contain Polychlorinated Biphenyl (PCBs) which may pose risks of health

defects, that such risks are greatest for women and children, and that detailed information about

PCBs is available from the Department upon request.

406.8.

Wildlife Damage and Nuisance Control

406.8-1. Landowners and lessees may remove wildlife considered a nuisance animal from land

under their control and their associated structures, provided that landowners and lessees shall

satisfy all requirements of this law and corresponding rules , including, but not limited to the

permitted methods of taking and hunting hours. Further, live-captured nuisance animals may not

be relocated to Tribal lands without express written authorization from the Department, and,

similarly, may not be relocated to private property without express written authorization from the

landowner.

406.8-2. Nuisance Animal Removal Permit. A nuisance animal removal permit is required to

hunt, trap, or live-capture and relocate any endangered or threatened and protected species.

(a) In order to be eligible for a nuisance animal removal permit, the applicant shall

demonstrate that:

(1) He or she hasThey have the authority to control hunting and trapping access to

the lands subject to the nuisance or being damaged as well as any contiguous lands.

In circumstances where the contiguous lands are not owned or leased by the

applicant, the applicant shall demonstrate authority to control hunting and trapping

access to the contiguous lands by providing the Department with the property

owner’s or lessor’s written consent;

(2) He or sheThey are either is employing or agreesagree to employ, reasonable

alternative abatement methods to removal;

(3) The wildlife sought to be removed is a nuisance animal and reasonable

alternative abatement methods either have been or are reasonably likely to be

unsuccessful;

(4) He or she hasThey have complied with this law and corresponding rules and the

conditions of any previously- issued nuisance animal removal permit, at a

minimum, for the previous twelve (12) months from the date he or she appliesthey

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apply for the permit;

(5) The nuisance animal removal permit applied for does not conflict with any

provisions of the Nation’s agreement with the United States Fish and Wildlife

Service regarding the taking of birds classified as migratory under 50 CFR 10.13.

(b) Each permittee shall keep a record of all permit activities and shall provide the said

permit record to the Department within ten (10) days of the permit’s expiration. At a

minimum, the permittee shall include in the record any agentsdesignees assigned under

section 406.8-4 and the total number of nuisance animals removed pursuant to the permit,

provided that, the Department may name additional items required to be included in the

record. All permit records may be inspected by the Department at any time.

within ten (10) days of the permit’s expiration.

406.8-3. Nuisance Animal Removal Permit Not Required. A nuisance animal removal permit is

not required if the nuisance animal would otherwise be exempt from the license and permit

requirements under section 406.6-1(a)(2). Also, a nuisance animal removal permit is specifically

not required in following circumstances:

(a) Beaver. A nuisance animal removal permit is not needed for a landowner, lessee, or

an authorized agent to hunt or trap beaver(s) that are nuisance animals, or to remove a

beaver dam. However, only the landowner and the Department may set traps on a beaver

dam on Tribal land; this privilege may not be transferred to an agent.

(b)(a) Emergencies. Nuisance animals for which a nuisance animal removal permit is

otherwise required, may be removed without the required permit if such removal is

necessary to maintain a person’s immediate health and safety.

(1) Persons taking a nuisance animal under emergency circumstances shall report

the emergency taking to the Department on the required form available with the

Department.

(2) The Department shall conduct an investigation into the validity of the alleged

emergency circumstance. If the investigation provides clear and convincing

evidence that the taking was not in fact required due to a legitimate threat to a

person’s immediate health and safety, the Department shall classify the taking an

unlawful taking without a permit and shall take the appropriate corrective measures.

406.8-4. Designated Agents.Nuisance Animal Removal Designees. A landowner may utilize an

agentas designee to remove a nuisance animal pursuant to the provisions of this law. If the

requirements of this law and corresponding rules are satisfied, the landowner’s nuisance animal

removal permit and associated carcass tags, if applicable, may be utilized by the landowner’s

assigned agentdesignee.

(a) In order for an agenta designee to be assigned to remove a nuisance animal, the

landowner shall ensure that the following conditions are met:

(1) The agentdesignee shall have a valid license for hunting or trapping that

nuisance animal’s species;

(2) The landowner shall grant written permission to the agentdesignee specifically

identifying the following:

(A) The location of the nuisance animal where the removal activities are

sought to occur;

(B) An authorized time period for the removal of the nuisance animal; and

pursuant to this law.

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(b) The Department may limit the number of persons permitted to assist in a removal.

(c)(b) The landowner or lessee permittee may not charge any assigned agentdesignee any

form of fee.

406.8-5. Annual Migratory Bird Report. Persons killing crows, cowbirds, grackles, and redwinged blackbirds shall provide an annual report to the U.S. Fish and Wildlife Service Region 3

Migratory Bird Permit Office by January 31st of each year for all such takings occurring within

the previous January to December.

406.8-6. DepartmentOfficer or Warden’s Access. Any landowner or lessee pursuing the removal

of a nuisance animal shall grant the Oneida Police Department officers or wardens free and

unrestricted access to the premises on which the said removal is being conducted, is anticipated to

be conducted, or has been conducted. Further, the landowner or lessee, and the landowner’s

agentdesignee, if applicable, shall promptly furnish any information requested by a Oneida Police

Department officer or warden relating to the said removal.

406.8-7. Retaining Fur, Carcasses, and other Parts of Nuisance Animals. The following applies

to nuisance animals removed in accordance with this section:

(a) The permittee and each agentdesignee assigned under section 406.8-4 may retain no

more than one (1) deer removed pursuant to a nuisance animal removal permit. The

Department shall distribute or dispose of any deer that are not so retained by offering them

to Tribal members in the following order:

(1) Elders;

(2) Disabled persons; and

(3) Any other interested persons.

(b) In order to keep, either for oneself or for sale, the furs of a nuisance animal taken

pursuant to a nuisance animal removal permit, the permittee shall be explicitly and

separately authorized by the permit to retain the wildlife and to sell the wildlife.

order to be removed, may be retained by a landowner, lessee, or assigned agentdesignee

without a permit. Provided that the landowner, lessee, or assigned agentdesignee shall

have a valid license and/or permit in order to commercialize in, sell, trade, ship, or transport

any wildlife, except that any squirrels’ parts retained may be sold during the closed season.

406.9.

Hunting

406.9-1. General Firearm and Archer Restrictions. Persons may not:

(a) Hunt using any weapon other than a firearm, air rifle, bow, or crossbow that is

authorized under this law and corresponding rules for the taking of a particular species.

(b) Discharge a firearm, air rifle, bow, or crossbow:

(1) Into reservation lakes, reservoirs, or any area designated for public use pursuant

to the Public Use of Tribal Land law, except for the purpose of hunting migratory

birds during established seasons, in accordance with the rules created pursuant to

this law;

(2) Across any roadway; or

(3) Within one hundred (100) yards of any structure, unless the owner-occupant,

lessee, or tenant has granted express permission.

406.9-2. General Hunting Restrictions. Persons may not, unless specifically authorized by a

permit, if applicable, do any of the following:

(a) Hunt with the use of aircraft;

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(b) Hunt within fifty (50) feet of the center of a paved road;

(d) Hunt while under the influence of alcohol or a controlled substance;

(e) Hunt with the aid of artificial light, provided that it is permissible to use artificial light

to find one’s way and while hunting on foot, at the point of harvest of coyote, raccoon, fox,

or any other authorized unprotected species;

(f) Shine between the hours of 10:00 p.m. and sunrise during the months of September,

October, November, and December; during all other months, shining is allowed at any

hour;

(g) Hunt in a party of more than ten (10fifteen (15) persons;

(h) Hunt with, or possess while hunting:

(1) Any firearm for which the possession is unlawful under Wisconsin or Federal

law;

(2) Slugs, except that a person may possess slugs during deer firearm season if he

or shethey also possessespossess the required associated permit;

(3) A handgun with a barrel length of less than five (5) inches;

(4) A concealed handgun without a valid permit from the State of Wisconsin;

and/or

(5) Any of the following without a valid federal permit:

(A) A shotgun that has a barrel length of less than eighteen (18) inches or

an overall length of less than twenty-six (26) inches;

(B) A rifle that has a barrel length of less than sixteen (16) inches or an

overall length of less than twenty-six (26) inches;

(D) Any mechanism designed to muffle, silence, or minimize the report of

any firearm.

406.9-3. AccidentsInjury Causing Incidents. Any person, who discharges a firearm, bow, or

crossbow while hunting and injures another person, shall render or attempt to obtain necessary

medical assistance, provide the injured person with his or hertheir name and contact information

including address, and report the accidentinjury causing incident to either the Department or the

Oneida Police Department as soon as possible.

406.9-4. Designated Hunters. A permittee may name a designated hunter to hunt, fish, or trap

on behalf of the permittee in the event that the permittee is physically or legally unable to take

pursuant to his or hertheir own permit, provided that, the designated hunter shall provide his or

hertheir name and contact information to the Department along with a signed statement from the

original permittee naming the designated hunter. The designated hunter shall receive the

Department’s approval of the designation before using the permits of the original permittee.

(a) To be eligible to be named a Designated Hunterdesignated hunter, the named person

shall:

(1) Possess a valid hunting license;

(2) Be eligible for the permits for which the person is named the designated hunter;

and

(3) Meet any other requirements of the rules created pursuant to this law.

(b) Designated hunters may hunt for thean unlimited number of permittees as authorized

by the rules developed pursuant to this law. .

permittee; the designated hunter shall transfer any wildlife taken by designation to the

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original permittee’s possession as soon as practicable following the taking.

406.9-5. Age Restrictions.

(a) Persons between the ages of twelve (12ten (10) and fourteen (14) years old may only

hunt if they have obtained the required license and permits and are under the immediate

supervision of a parent, legal guardian, or a responsible adult to which a parent or legal

guardian has delegated his or hertheir supervisory responsibilities.

(1) The parent, legal guardian, or responsible adult shall have a valid license and

any required permits.

(2) Adults accompanying youth hunters pursuant to this section shall remain within

voice and sight contact of the youth hunters at all times.

(b) Tribal members, descendants2, non-member Indians and dependents aged ten (10) or

eleven (11) years old may hunt if they have a mentor present while hunting and have

obtained any required licenses and permits.

ten (10) years of age may accompany a mentor while hunting, provided that youth under

the age of ten (10) may not use a weapon during the hunt.

(d) The following limitations apply to youth hunters and their mentors hunting pursuant to

this section:

(1) Only one (1) weapon may be possessed jointly between the mentor and his or

her mentee(s);

(1) In order to be eligible to be a mentor, the person shall:

(A) Be at least eighteen (18) years old;

(B) Have a valid license and any required permits; and

the hunter’s parent or legal guardian to be the hunter’s mentor

(2) Mentors may mentor a maximum of two (2) youth hunters at the same time;

and

(3) The mentor shall remain within an arm’s grasp of each youth hunter at all times.

(e) In order to be eligible to be a mentor, the person shall:

(1) Be at least eighteen (18) years old;

(2) Have a valid license and any required permits; and

(3) Be the youth hunter’s parent or legal guardian or have permission from the

hunter’s parent or legal guardian to be the hunter’s mentor.

406.9-6. Deer Hunting Parties. A deer hunting party consists of a minimum of two (2) people

and may be limited in size as provided in the rules developed pursuant to this law. Any member

of a deer hunting party may harvest deer on behalf of another member of the deer hunting party

under the following circumstances:

(a) At the time and place of the harvest, the member of the hunting party who harvests the

deer shall be in contact with the member of the hunting party on whose behalf the deer was

harvested. For the purpose of this section, contact means visual or voice contact without

the aid of any mechanical or electronic amplifying device other than a hearing aid. Hand

radios are permitted, however may not be used as an acceptable means of contact as

required in this section.

(b) The member of the hunting party for whom the deer was harvested shall possess a valid,

I -_

Requirements for descendancy are determined by the Oneida Trust Enrollment Committee.

See footnote 2.

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license and carcass tag for the deer.

tag is attached to the deer by a member of the hunting party prior to field dressing and

moving the deer; the member of the hunting party that harvests the deer may not leave said

deer unattended until it has been properly tagged.

406.10. Enforcement and Penalties

406.10-1. Reporting Violations. All persons shall report any violation(s) of this law and/or the

corresponding rules to the Department or the Oneida Police Department. The department receiving

information regarding violations shall keep the information confidential.

406.10-2. Licenses/Permits Suspension, Revocation, and/or Ineligibility. The Department may

suspend, revoke, or deem a party ineligible for a license or permit as a penalty for committing any

one (1) of the following acts or any combination thereof:

(a) Has committed an act causing any of his or herstheir hunting, fishing, or trapping

licenses, permits or privileges to be suspended or revoked by any other jurisdiction,

whether it be tribal, state, or federal, where, for the purposes of this section, a person’s right

to possess firearms is considered a hunting privilege;

(b) Provides false information, or assists other in providing false information, when

applying for a license or permit;

consequence for violating the provisions of this law and/or the corresponding rules; and/or

(d) Violates this law and/or the corresponding rules and the violation is one for which the

citation schedule identifies suspension, revocation, or ineligibility of a license or permit as

an available penalty.

406.10-3. Warning and Citations. Department wardens may issue verbal and/or written warnings

and/or citations to any person found to be in violation of this law and/or the corresponding rules.

The Department shall ensure that all warning and citations identify the relevant violation and, if

applicable, the fine and/or penalties imposed as a consequence of the violation.

406.10-4406.10-3.

Appeal of License and/or Permit Decision. Any person wishing to contest

a decision of the Department related to a license and/or permit may appeal such action by filing a

complaint with the Judiciary Trial Court naming the Department.

406.10-5. Contested Action Hearings. All citations, orders and declarations issued pursuant to this

law shall include a pre-hearing date with the Judiciary Trial Court which shall be set for the next

scheduled monthly prehearing date that is at least thirty (30) days after the citation was issued.

Persons wishing to contest a citation shall appear at the prehearing, at which time the Judiciary

Trial Court shall accept pleas which either contest or admit committing the act for which the

citation was issued. The Judiciary shall schedule a hearing as expeditiously as possible, provided

that it shall be scheduled within ninety (90) days of the date of the prehearing, for all persons

entering a plea contesting the fact that they committed the act for which a citation was issued. In

addition to scheduling requested hearings, the Judiciary may also make conditional orders at the

prehearing which are effective until the matter is resolved4. Issuance of a Citation. An individual

who violates a provision of this law or the corresponding rules may be subject to the issuance of a

citation by a warden or an Oneida Police Department officer.

(a) Community Service. Community service may be substituted A citation for fines ata

violation of this law, the Judiciary’s discretion, provided that, if so substituted, the

Judiciary shall use the rate of one (1) hour per ten dollars ($10.00) of the fine.

(b) Allocation of Citation Revenue. Allcorresponding rules, or any orders issued pursuant

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to this law may include fines and other penalties issued by citations are payable to ERB or

its designee, the proceeds of which ERB shall contribute to the Nation’s general fund.

(c)Appealing the Decision of the Judiciary , as well as conditional orders made by the Trial

Court. Any person wishing to contest the determination of the Judiciary Trial Court may

appeal the applicable determination to the Judiciary’s Court of Appeals

(b) A citation for a violation of this law shall be processed in accordance with the Rules of

Appellate Procedure.

(d)

Pursuing Payment of a Citation. ERB may pursue payment from parties who have

failed to make the required payments through the garnishment processprocedure contained

in the Garnishment law and/or by attaching a Tribal member’s per capita payment pursuant

to the Per Capita law. Nation’s laws and policies governing citations.

End.

Adopted - BC-08-31-94-C

Adopted - BC-04-24-96-A

Adopted - BC-07-22-98-A

Amended - BC-09-13-00-D

Amended - BC-06-04-03-A

Amended - BC-06-30-04-I

Amended - BC-07-13-05-E

Amended - BC-08-29-07-F

Amended - BC-06-24-09-E

Amended - BC-08-26-10-I

Emergency Amended - BC-06-22-11-H (Expired)

Amended – BC-12-14-11-E

Amended – BC-05-22-13-A

Amended – BC-01-25-17-D

Amended – BC-07-26-17-F

Amended – BC-__-__-__-__

4 O.C. 406 – page 15

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDOO

ONEIDA

AGENDA REQUEST FORM

9/7/25

1) Request Date: _____________________________________________________

Mick Escamea

2) Contact Person(s): ______________________________________

Dept:____________________________

(920) 412-4345

mickescamea@gmail.com

Phone Number:_________________________

Email: __________________________________

Oneida Food Service Law Amendments

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

See attached memorandum.

_______________________________________________________________________________

List any supporting materials included and submitted with the Agenda Request Form

1) ________________________________

3) ________________________________

2) ________________________________

4) ________________________________

5) Please list any laws, policies or resolutions that might be affected:

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

______________________________________________________________________________

7) Do you consider this request urgent?

□ Yes

□ No

If yes, please indicate why:

________________________________________________________________

I, the undersigned, have reviewed the attached materials, and understand that they are subject to action by

the Legislative Operating Committee.

Signature of Requester:

__________________________________________________________________________

Please send this form and all supporting materials to:

LOC@oneidanation.org

Legislative Operating Committee (LOC)

P.O. Box 365

Oneida, WI 54155

Phone 920-869-4376

A good mind. A good heart. A strong fire.

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AGENDA REQUEST FORM

TO:

Jonas Hill, Councilman

Att: LOC

FROM:

Mick Escamea, owner of KoonDawgs ChiliDawgs LLC

SUBJECT:

Food Ordinance Complaint

1.Request Date: 09/07/2025

2.Contact person: Mick Escamea, owner of KoonDawgs ChiliDawgs LLC

920-412-4345 mickescamea@gmail.com

AGENDA TITILE: “Koondawgs LLC business affected negatively by Oneida Nation Food

Code Ordinance”…….

Compliant Description:

My complaint originates from the creation of the Oneida Food Code Ordinance Title 3

Health and Public Safety-Chapter 305. This ordinance was created for the need to protect

the community from foodborne illnesses and harmful pathogens. The Oneida Food Code

Ordinance originated from the 2005-06 adaption of the “Food Handlers Safety Regulation”

who at the time was overseen by Jennifer A. Falck, R.S. Tribal Sanitarian. During this time

there was no Oneida Food Heath Codes or ordinances as I requested in 1995 and 2005. I

have been preparing and selling handmade original food such as burritos, Indian Tacos,

Chilidawgs, and breakfast sandwiches since 1987 to all Oneida departments, special

functions, and gatherings. My food sales/art sales reached out to many different tribal

nations, Wisconsin, Minnisota, Michigan, Hawaii, Puerto Rico, and Canada. I have never

had a complaint, ticket, or violation pertaining to my food, art, or business. I explained to

the Tribal Sanitarian that I refused to take their recommended food safety course in 2006

because I have already established myself in the food industry for 20 documented years. I

took the course because it was free at the time. I informed Jennifer Falck that the true

reason behind this food code and safety course was to regulate us Oneida food

artist/venders out of business or cause financial loss due to unnecessary over regulations.

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That is exactly what happened. I informed her that if my business suffers loss of revenue

due to the implementation of this food code she may be subpoena to testify under oath. I

informed her that I was creating local economic opportunities of generating revenue locally

and regionally. I informed her that my food is too unique and original not to be classified as

culturally related mobile culinary food born out of Oneida Nation. My business is the

oldest continuously operated traditional Oneida cottage food. Yes, Koondawgs Chilidawgs

LLC stands as the oldest Oneida owned food business still in operation and still serving

them “Flyin Hibachi HotDawgs” nationwide.

Supporting Materials:

1. I have all certifications pertaining to food sales, licensing, insurance,

2. Koondawgs financials show that the actions of joint departments caused my

business to suffer revenue losses, venues, and reputation damages. (this should be

interesting to note considering the tribe has soveign-immunity from being

sued…..unless they choose to be sued).

3. W2 tax statements, financial review, profit/loss, and other business financials

4. Personal testimony of other food venders/culinary artist that have experienced

business targeted discriminatory actions, regulations, policies that have effected

personal business.

305.2. ADAPTION, AMMENDMENT, REPEAL

305.2-3

This law may be amended or repealed by the Oneida Business Committee and/or Oneida

General Tribal Council pursuant to the procedures set out in the Legislation Procedures

Act.

The Oneida Nation Legal Governmental Dept., Land Management, Oneida Police Dept.,

and Little Bear zoning came together to formulate the “New Food Venders Code/Mobile

food business licensing” in 2019. This act was a calculated joint venture to cripple local

mobile food (Oneida businesses). If this information may appear to be incorrect I am glad

to provide factual times, places,

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.