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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

February 19, 2025

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. February 5, 2025 LOC Meeting Minutes (pg. 2)

III.

Current Business

New Submissions

1. Election Law Amendment (pg. 4)

IV.

Additions

VI.

Administrative Updates

1. Certification of Real Property Law Rule No. 3 – Easements (pg. 5)

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

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

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mooao

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

February 5, 2025

9:00 a.m.

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

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

Others Present on Microsoft Teams: Fawn Billie, Janice Decorah, Jessalyn Harvath, Kaylynn

Gresham, Kristal Hill, Mark Powless, Maureen Perkins, Rae Skenandore, Nicole Rommel, Jay

Martinez, Eric McLester, Diane Wilson, Chad Fuss, David P. Jordan, Eric Boulanger, Tavia JamesCharles, Lisa Duff, Matthew Denny, Shannon Stone

Call to Order and Approval of the Agenda

Jameson Wilson called the February 5, 2025, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jonas Hill to approve the agenda; seconded by Kirby Metoxen. Motion carried

unanimously.

II.

Minutes to be Approved

1. January 15, 2025 LOC Meeting Minutes

Motion by Kirby Metoxen to approve the January 15, 2025 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried

unanimously.

III.

Current Business

1. Oneida Nation Law Enforcement Ordinance Amendments

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

Oneida Nation Law Enforcement Ordinance and forward to a public meeting to be held on

March 14, 2025; seconded by Marlon Skenandore. Motion carried unanimously.

2. Landlord Tenant Law Amendments

Motion by Jonas Hill to accept the Landlord Tenant law Amendments Legislative Analysis

and approve the public meeting packet for the amendments to the Landlord Tenant law and

forward to a public meeting to be held on March 14, 2025; seconded by Jennifer Webster.

Motion carried unanimously.

IV.

New Submissions

good mind. A good heart. A strong fire.

1. Lavish and Extravagant Trip and GratuitiesALaw

Legislative Operating Committee Meeting Minutes of February 5, 2025

Page 1 of 2

ONEIDA

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Motion by Marlon Skenandore to add the Lavish and Extravagant Trip and Gratuities Law

to the Active Files List with Jonas Hill as the sponsor; seconded by Kirby Metoxen. Motion

carried unanimously.

2. Ten Day Notice Policy Amendments

Motion by Jennifer Webster to add the Ten Day Notice Policy Amendments to the Active

Files List with Jennifer Webster as the sponsor; seconded by Marlon Skenandore. Motion

carried unanimously.

Additions

VI.

Administrative Updates

1. Legislative Operating Committee Fiscal Year 2025 First Quarter Report

Motion by Jonas Hill to approve the Legislative Operating Committee Fiscal Year 2025

First Quarter Report and forward to the Oneida Business Committee; seconded by Jennifer

Webster. Motion carried unanimously.

2. Certification of Real Property Law Rule No. 1 - Land Assessments for the Nation’s

Decisionmakers to Build an Autonomous Community

Motion by Jennifer Webster to certify the Real Property Law Rule No. 1 – Land

Assessments for the Nation’s Decisionmakers to Build an Autonomous Community and

forward to the Oneida Business Committee for consideration; seconded by Jonas Hill.

Motion carried unanimously.

3. Certification of Real Property Law Rule No. 2 – Land Use Licenses

Motion by Jonas Hill to certify the Real Property Law Rule No. 2 – Land Use Licenses

and forward to the Oneida Business Committee for consideration; seconded by Marlon

Skenandore. Motion carried unanimously.

4. Spring LOC Community Meeting Notice

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

schedule the community meeting to take place on March 5, 2025; seconded by Jonas Hill.

Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Kirby Metoxen to adjourn at 9:34 a.m.; seconded by Marlon Skenandore.

Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of February 5, 2025

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

O Bo ͛͞͝ Ȉ Oneida, WI 54155-0365

Oneida-nsn.gov

GDDDDO

ONEIDA

AGENDA REQUEST FORM

2/4/25

1) Request Date: _____________________________________________________

Councilman Jonas Hill

2) Contact Person(s): ______________________________________

OBC

Dept:____________________________

920-606-3966

jhill1@oneidanation.org

Phone Number:_________________________

Email: __________________________________

Election Law Amendments

3) Agenda Title:___________________________________________________________________

4) Detailed description of the item and the reason/justification it is being brought before the LOC:

_______________________________________________________________________________

Discussion in the OBC work meeting related to amending the election law

referendum process [2.12-9] to include a process for vetting referendum

_______________________________________________________________________________

questions so there is a clear process identified after a referendum is held

and before the referendum is presented to the GTC.

_______________________________________________________________________________

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:

Election Law

_______________________________________________________________________________

6) Please list all other departments or person(s) you have brought your concern to:

OBC Work Session

______________________________________________________________________________

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:

Jonas G Hill

Date: 2025.02.04 11:23:18 -06'00'

__________________________________________________________________________

Digitally signed by Jonas G Hill

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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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

Legislative Operating Committee

Oneida Business Committee

Jameson Wilson, Legislative Operating Committee Chairman

February 19, 2025

Certification of the Real Property Law Rule No. 3 – Easements

The Legislative Operating Committee reviewed the certification packet provided for the Real

Property Law Rule No. 3 – Easements (“Rule”). The Legislative Operating Committee is

responsible for certifying a proposed rule after determining the authorized agency has complied

with the requirements for certification stated in section 106.7-2 of the Administrative Rulemaking

law, and forwarding the rule to the Oneida Business Committee for consideration of adoption. [1

O.C. 106.7-3].

Certification by the Legislative Operating Committee means:

 The certification packet provided by the Land Management Area of the Environmental,

Land and Agricultural Division and Oneida Land Commission for the Rule contained all

documentation required by the Administrative Rulemaking law for a complete

administrative record;

 The promulgation of the Rule complied with the procedural requirements contained in the

Administrative Rulemaking law; and

 The Rule did not exceed the rulemaking authority granted under the law for which the

Rule is being promulgated. [1 O.C. 106.7-2].

The Legislative Operating Committee certified the Rule on February 5, 2025.

The purpose of the Rule is to provide procedures for granting easements over, under and across

tribal lands in order to best protect the interests of the Oneida Nation, and also addresses how Land

Management facilitates the processing of easements on individual trust land. [Rule 3.1-1]. The

Rule addresses:

 Scope and application, including the general applicability of the rule and when the Rule

does not apply to requests for easements [Rule 3.4];

 Applications for easements on tribal lands, including what information is included on the

application form and how the application is processed [Rule 3.5];

 Oneida Land Commission’s preliminary review, including information on the Oneida Land

Commissions easement decision, notice of the easement decision [Rule 3.6];

 Oneida Land Commission final review, including Land Management’s preparation for the

Oneida Land Commission, the Oneida Land Commission review of trust land easements,

Oneida Land Commission review of fee land easements, and the authority to sign easement

documents [Rule 3.7];

 Easement administration, including land data sheet, easement corrections, affidavit of

completion, and easement close-out [Rule 3.8];

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

Requests for easements on individual trust land, including individual trust land easement

requests, BIA easement application, environmental and cultural reviews, and BIA

submittal [Rule 3.9]; and

Recording easements [Rule 3.10].

The Rule was developed in accordance with the Real Property law which provides the regulations

and procedures for the transfer, control and management of the territory within the Reservation

and all Tribal land; to integrate these regulations and procedures with the real property laws and

practices of other federal and state sovereigns which may hold jurisdiction within the Reservation;

and to establish licensing and certification requirements for the Nation’s employees dealing with

real property transactions. [6 O.C. 601.1-1]. The Real Property law delegates joint administrative

rulemaking authority to the Oneida Land Commission and Land Management to jointly develop

rules regarding easements and land use licenses. [6 O.C. 601.12-3(a)]. The Real Property law

provides that the Oneida Land Commission is responsible for approving or denying all easements

or land use licenses. [6 O.C. 601.12-2(b)].

The Rule is now ready to be considered by the Oneida Business Committee for adoption. The Rule

would become effective immediately upon adoption by the Oneida Business Committee in

accordance with section 106.9-1 of the Administrative Rulemaking law.

Requested Action

Consider the adoption of the Real Property Law Rule No. 3 – Easements.

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

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ONEIDA

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=ODDDOO

Environmental, Land, & Agricultural Division

ONEIDA

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

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

Legislative Operating Committee

Nicole Rommel, Deputy Director – Land Management Nicole Rommel

January 27, 2025

Request for Certification of Procedural Compliance

Real Property Law Rule No. 3 – Easements

Digitally signed by Nicole Rommel

Date: 2025.01.25 13:39:36 -06'00'

The Land Management Area of the Environmental, Land and Agricultural Division and the Land

Commission, as defined in the Real Property Law, is exercising its rulemaking authority to

further define sections of Title 6, Chapter 601, Real Property Law.

This rule is newly drafted; this rule is not amendment to an existing rule.

In accordance with the Administrative Rulemaking law, a public meeting was held for this rule

on October 8, 2024, for which the comment period expired on October 16, 2024.

The following attachments are included for your review:

1. Rule No. 3 – Easements – Clean Version 1;

2. ELA Division Director Approval of Rule No. 3 – Easements;

3. Oneida Land Commission Rule Approval;

4. Public Meeting Packet;

5. Copy of Public Meeting Notice Published in the Kalihwisaks – Page 28 of the October

2024 issue (published September 24, 2024); and

6. Public Meeting transcription from the October 8, 2024, Public Meeting 2.

Following certification, this rule shall become effective immediately.

The only revisions made to the rule since the public meeting were to update the name of the Environmental,

Health, Safety, Land & Agricultural Division to Environmental, Land and Agricultural Division. Accordingly, for the

Summary Report, please the Public Meeting Packet as no revisions were made to the Summary Report Documents.

No public meeting sign in sheet is attached because no on attended the public meeting. Similarly, no public

comment memorandum is provided because no public comments were received.

Little Bear Development Center

N7332 Water Circle Place

Oneida, WI 54155

Tsyunhehkwa Farm

N139 Riverdale Drive

Oneida, WI 54155

Land &Conservation Office

470 Airport Drive

Oneida, WI 54155

Cannery

N7210 Seminary Rd

Oneida, WI 54155

Oneida Nation Farm

N6010 Cty Rd C

Seymour, WI 54165

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Title 6. Property and Land

Real Property – Chapter 601

Rule #3 – Easements

3.1 Purpose and Authority

3.2 Adoption, Amendment and Repeal

3.3 Definitions

3.4 Scope and Application

3.5 Requests for Easements on Tribal Land

3.6 Oneida Land Commission Preliminary Review

3.7 Land Commission Final Review

3.8 Easement Administration

3.9 Requests for Easements on Individual Trust Land

3.10 Recording Easements in ONROD

3.1

Purpose and Authority

3.1-1. Purpose. To provide procedures for granting easements over, under and across tribal

lands in order to best protect the interests of the Oneida Nation. In addition, because the Nation

is a self-governance Nation, this rule also addresses how Land Management facilitates the

processing of easements on individual trust land.

3.1-2. Authority. The Real Property Law delegates rulemaking authority to the Environmental,

Health, Safety, Land and Agriculture Division 1 and Land Commission pursuant to the

Administrative Rulemaking law.

3.2

Adoption, Amendment and Repeal

3.2-1. This rule was adopted by the Land Commission in accordance with the procedures of the

Administrative Rulemaking law.

3.2-2. This rule may be amended or repealed by the Environment, Health, Safety, Land and

Agriculture Division and Land Commission pursuant to the procedures set out in the

Administrative Rulemaking law.

3.2-3. Should a provision of this rule or the application thereof to any person or circumstances be

held as invalid, such invalidity shall not affect other provisions of this rule which are considered

to have legal force without the invalid portions.

3.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,

internal policy, procedure, or other regulation; the provisions of this rule shall control.

3.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements

relating to easements.

3.3

Definitions

3.3-1. This section shall govern the definitions of words and phrases used within this rule

provided that the definition section of the Real Property law shall also apply hereto. All

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

The delegation of authority in the law was to Land Management and the Land Commission, however, since the

law was adopted, Land Management has been rolled into a larger division, the Environmental, Health, Safety, Land

and Agricultural Division, of which Land Management is now a department without separate management from

the Division.

Real Property Rule #3 – Easements

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(a) Affidavit of Completion. Means a legal document certifying as to the completion of

construction as related to the easement that acknowledges any known deviations from

stated plans, permits or other approvals.

(b) Applicant. Means the third party requesting use of the Nation’s land when requesting

an easement on tribal land and means the individual trust land owner when an individual

trust land owner is requesting BIA approval of an easement on their individual trust land.

administration within the Department of Interior charged with approving and conducting

appraisals on federal land to ensure federal land transactions meet applicable fair market

value consideration requirements.

(d) Appraisal. Means an expert assessment of the value of a requested easement based on

the terms of a proposed easement.

(e) BIA. Means the Bureau of Indian Affairs, which is the federal administration within

the Department of Interior charged with overseeing the government’s trust

responsibilities to indigenous governments and their citizens.

(f) Easement Negotiation Summary Form. Means the form used to aid the Land

Commission in arriving at easement request decisions which, at a minimum, includes the

appraised value of the easement,the legal description and map produced as a result of the

survey, the offered consideration and the date Land Commission approved the easement

use along with an excerpt of said meeting minutes.

(g) Engineer’s Affidavit. Means a legal document completed by a licensed engineer that

certifies a legal description provided in a survey document is accurate.

(h) Grantee. Means the recipient of an easement on tribal land in accordance with this

Rule.

(i) Internal Entity. Means an entity of the Nation operating under the direction of the

Oneida Business Committee and within the management structure of the Nation.

(j) Organization. Means an body of people with a particular purpose, especially a

business, other local government or association.

(k) Servient Property. Means the parcel of land that is subject to an easement that benefits

another parcel of land.

(l) Survey. Means a document that measures and records the boundaries, elevation levels

and anles of a parcel of land.

(m) Suveyor’s Affidavit. Means a legal document completed by a licensed surveyor that

certifies a legal description provided in a survey document is accurate.

3.4

Scope and Application

3.4-1. General Applicability. The requirements of this rule shall apply all requests for easements

on tribal land and to all individual trust land owners’ requests for BIA approval of easements on

individual trust land located within the Oneida Nation reservation except that this rule shall not

apply to:

(a) Service Line Agreements. The requirements of this rule shall not apply to utility

service line agreements to cross or access the Nation’s property for the purpose of

connecting a landowner’s property to the main utility line. Service line agreement

templates shall be reviewed and approved by the Oneida Law Office, for legal contract

review, and the Oneida Land Commission, for content approval, on an annual basis.

Land Management staff are authorized to execute service line agreements using approved

Real Property Rule #3 – Easements

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templates without seeking Oneida Law Office or Oneida Land Commission review and

approval of individual service line agreements provided that no revisions are made to the

template document; if any revisions are made to the template document, the Oneida Law

Office and Oneida Land Commission must provide their respective reviews and

approvals before Land Management may execute the agreement. Land Management shall

submit all service line agreements affecting tribal trust land to the BIA for filing in the

Land Title and Records Office.

(b) Internal Entity Easement Requests. Internal requests will not be granted official

easement documents provided that, if any internal entity easement request is approved by

Oneida Land Commission, the granted easement must be platted on a recorded survey

and registered in the Geographic Land Information System (GLIS), to the extent capable.

3.5

Applications for Easements on Tribal Land

3.5-1. Application Form. Applicants shall submit requests for easements using the Tribal Land

Easement Request Form available on Land Management’s website, at a minimum the form shall:

(a) Notice the requestor that there is a twenty dollar ($20) application fee for all

applications;

(b) Notice the requestor that there is a one hundred dollar ($100) processing fee for

easement applications received from individuals and a five hundred ($500) for

organizations that receive preliminary approval from the Land Commission pursuant to

section 3.6;

(d) Ask the requested duration of the requested use;

(e) Ask the requested method of communication with applicant noting a preference for

email communication; and

(f) Ask whether there is a preliminary offer of consideration for the easement or a request

for waived consideration.

3.5-2. Upon receipt of an easement application, Land Management shall:

(a) Send the request to the Land Assessment Team established in the LANDBAC Rule

for feedback. The team members shall have five (5) business days to submit feedback.

(b) Order a title report for the affected parcel.

Land Management recommends Land Commission grant the easement for the requested

use and duration for the consideration presented, or requested to be waived.

(d) Submit Land Management’s easement recommendation to the next available Oneida

Land Commission agenda along with all feedback from the Land Assessment Team.

(e) Provide the applicant with a copy of Land Management’s recommendation and the

date the recommendation will be the Land Commission agenda date with notice that Land

Management will inform the applicant of the Oneida Land Commission’s decision within

five (5) business days of the meeting date.

3.6

Land Commission’s Preliminary Review

3.6-1. Land Commission Easement Decision. When Land Management’s easement

recommendation is presented to Land Commission, the Land Commission shall:

(a) Approve or deny the recommendation with regard to the requested use;

(b) Approve or deny the recommendation with regard to the the requested use duration;

Real Property Rule #3 – Easements

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and

consideration. Specifically, if Land Commission wishes to waive the requirement for an

appraisal and accept the offered consideration, Land Commission must inform Land

Management at this meeting. If the use and duration are approved, then Land

Management shall proceed with processing the application and collect the processing fee.

3.6-2. Notice of Easement Decision. Land Management shall notify the Applicant of the Land

Commission’s decisions concerning the easement request within five (5) business days of the

Land Commission’s meeting date.

(a) Notice of Easement Decision Letter. Land Management shall draft Notice of

Easement Decision Letter for applicants that explains the decisions made by the OLC.

(1) If the land commission approved proceeding, the letter shall also include:

(A) Notice the applicant that the Applicant is responsible for all survey

and appraisal costs and that survey and appraisal costs, regardless of

whether an easement is ultimately granted or not;

(i) Survey. A survey is required to determine the correct legal

description for the easement and that there are specific surveying

requirements applicable to trust land. The legal description

generated shall be confirmed in an Engineer’s Affidavit or a

Surveyor’s Affadavit submitted to Land Management. Land

Management shall advise whether a Land Use License is required

to allow the applicant to complete the survey.

(ii) Appraisal. Land Management shall notice the applicant that

Land Commission will not accept consideration offers for less than

the full appraised value plus fifteen percent (15%) for any

requested use that does not directly benefit the Oneida Nation

and/or its citizens. For fee land, the Applicant may use any

appraisal company to complete the appraisal, provided that, the

Nation may elect to procure a competing appraisal for the purpose

of price negotiation.The Nation orders appraisals on trust land.

Land Management shall draft a scope of work to be submitted to

the Department of Interior AVSO for approval. When the scope of

work is approved, Land Management shall order an appraisal from

an appraiser qualified to perform appraisals on federal land. When

the appraisal is received, Land Management shall forward the

appraisal to the applicant and the Department of Interior AVSO for

approval and forwarding to BIA.

(B) Land Management shall notice the applicant that Land Commission

will not accept consideration offers for less than the full appraised value

plus 15% for any requested use that does not directly benefit the Oneida

Nation and/or its citizens;

Zoning Department and contact information for said department;

(D) If trust land, the BIA easement application documents;

(E) If the applicant is an organization and not an individual, notice that the

applicant must submit:

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(i) Organizational documents and by-laws;

(ii) Evidence of Authority of Officers to Execute Papers form;

(F) Notice that an an Affidavit of Completion is required to be submitted

when the work is complete.

3.7

Land Commission Final Review

3.7-1. Land Management Preparation for Land Commission. When the required documents are

returned to Land Management in accordance with the noticed requirements, then Land

Management shall:

(a) Draft Easement. If the easement is on trust land, send the applicant the BIA template

easement and inform the applicant that revisions may not be requested to the template. If

the easement is on fee land, then Land Management shall prepare the draft easement

using the Oneida Easement Template approved by the Oneida Land Commission.

(b) Consideration Confirmation. If Land Commission has not approved a waiver of

consideration, then Land Management shall ask the applicant to confirm their offered

consideration for the easement after having received the appraisal and shall remind

applicants that Land Commission will not accept consideration offers for less than the

full appraised value plus 15% for any requested use that does not directly benefit the

Oneida Nation and/or its citizens.

submit an Easement Negotiation Summary Form to Land Commission for their

consideration, except for easements on trust land where Land Commission has already

waived consideration. Easements on trust land where Land Commission has already

waived consideration do not need to go back to Land Commission and can be routed to

the BIA for their final review and approval with the minutes from the Oneida Land

Commission meeting approving the easement use, duration and waiver of consideration.

3.7-2. Land Commission Review of Trust Land Easements. If the easement is for use of tribal

trust land, then there are not revisions to consider to the easement document, so the only thing

for Land Commission to consider is the offered consideration. Land Commission shall decide if

it accepts the offered consideration or if it will counter with a different request for consideration.

(a) Consideration Agreement Not Reached. If the applicant and Land Commission do not

eventually reach an agreement as to consideration, then no easement shall be granted.

(b) Consideration Agreement Reached. If the applicant and Land Commission do reach

an agreement as to consideration, then Land Management shall forward the minutes from

Land Commission’s meetings approving the easement use, duration and consideration to

the BIA for easement processing. When the BIA processing is complete, so long as there

is nothing preventing approval, then consideration will have to be paid to the Nation with

the Nation’s confirmation of payment sent to the BIA before the BIA will return the

approved and executed easement document to the parties.

3.7-3. Land Commission Review of Fee Land Easements. If the easement is for use of tribal fee

land, then Land Management shall ensure that the easement document is in final draft form and

consideration information from the applicant is presented to the Land Commission. Land

Commission shall make decisions as to the minimum consideration the Land Commission will

accept and whether Land Commission will require any revisions to the easement document.

(a) Agreement Not Reached. If the applicant and Land Commission do not eventually

reach an agreement as to consideration and easement documents, then no easement shall

Real Property Rule #3 – Easements

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be granted.

(b) Agreement Reached. If the applicant and Land Commission do reach an agreement as

to consideration and easement documents, then Land Management shall complete the

easement documents pursuant to Land Commission’s direction and circulate for

signature. Land Management shall provide the applicant with the signed easement

documents only after receiving payment of the agreed upon consideration.

3.7-4. Authority to Sign Easement Documents. The Environmental, Health, Safety, Land and

Agricultural Division Director and/or his or her designee is hereby authorized to sign easement

documents approved in accordance with this Rule on behalf of the Oneida Land Commission.

3.8.

Easement Administration

3.8-1. Land Data Sheet. All executed easements shall be forwarded to the Land Management

Deputy Director and/or his or her designee for the information to be entered into the affected

parcel’s Land Data Sheet. Any party with an agreement affecting the same parcel shall be

noticed of the executed easement affecting the parcel by the Deputy Director, provided that

where a parcel has both internal and external end users (i.e. a parcel assigned to Comprehensive

Housing Division to be used for residential offerings by the Nation and thereafter assigned to an

Oneida citizen in a residential lease) the Deputy Director shall notice the internal user and it will

be the internal user’s responsibility to notice their users.

3.8-2. Easement Corrections. In the event there is any error in an easement the erroneous

easement must be extinguished and a new easement entered in accordance with the processes in

this Rule, provided that the old easement may be extinguished within the new easement.

3.8-3. Affidavit of Completion. Upon receipt of the Affidavit of Completion, Land Management

shall schedule an inspection of the affected parcel and shall document the parcel’s condition at

the time the work is complete.

(a) If there were bonding requirements and Land Management reports the parcel is in

acceptable condition, Land Management shall return funds held as bond in accordance

with the easement documents.

(b) If there were bonding requirements and Land Management reports the parcel is not in

acceptable condition, Land Management shall afford the grantee an opportunity to make

the necessary repairs to return the parcel to acceptable condition. If the grantee does not

make the repairs within the timeframe allotted, Land Management may deduct the

replacement cost of repairs from the funds held for bonding and shall return the

remainder of the bonding deposit to the grantee. To the extent the repair cost of the

damages exceeds the amount of bond held, the Nation may pursue the remainder of

damages using any available means of debt collection wherein the grantee shall pay

attorneys fees and other collection costs as incurred.

3.8-4. Easement Close-Out. When an easement term is complete, Land Management shall

ensure the easement has been removed from title and shall inspect and record the condition of the

property at easement expiration. If the property was not left in acceptable condition, Land

Management shall consult the Oneida Law Office for potential enforcement of contractual terms

that may have survived expiration of the easement.

3.9.

Requests for Easements on Individual Trust Land

3.9-1. Individual Trust Land Easement Requests. If the Nation receives a request for an easement

on individual trust land, the Nation shall provide the third party requestor with the names of the

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individual trust land owners and inform the requestor that Land Management only accepts

individual trust land easement requests from consenting individual trust land owners. Upon receipt

of an individual trust land easement request from an individual trust land owner, Land

Management shall provide the applicant with the first steps for seeking approval for an easement

from the BIA to include:

(a) Survey. A survey is required to determine the correct legal description for the

easement. The applicant shall collect consent to survey forms signed by the landowners

of the servient property and shall contract to have a survey completed. The legal

description generated shall be confirmed in an Engineer’s Affidavit or a Surveyor’s

Affadavit and provided to Land Management.

(b) Appraisal. Upon receipt of the survey information, Land Management shall draft a

scope of work to be submitted to the Department of Interior AVSO for approval to order

the appraisal. When the scope of work is approved, Land Management shall order an

appraisal from an appraiser qualified to perform appraisals on federal land. When the

appraisal is received, Land Management shall forward the appraisal to the Department of

Interior AVSO for approval and forwarding to the BIA. When an approved appraisal is

received, Land Management will provide the approved appraisal to the applicant.

3.9-2. BIA Easement Application. When Land Management has all survey and appraisal

documents, Land Management shall send the BIA Easement Application to the Applicant to be

returned with any applicable Consent to Grant Easement forms, which shows the affected land

owners have reached agreement as to the purpose of the easement, the amount of consideration,

and any bonding requirements that will apply, signed by the property owners of the servient

property.

3.9-3. Environmental and Cultural Reviews. When Land Management has received the

completed application and any signed Consent to Grant Easement forms, Land Management

shall route the application to the Nation’s environmental and cultural reviewers for completion of

the environmental and cultural reviews respectively.

3.9-4. BIA Submittal. Once the Nation’s environmental and cultural reviewers have submitted

their reports to Land Management, Land Management shall forward the complete easement

package to the BIA to complete the processing of the easement request. Upon decision from the

BIA, the signed easement or easement denial, will be returned to Land Management and the

affected property owners by the BIA; Land Management is not responsible for easement

processing after the complete easement package is submitted to the BIA.

3.10. Recording Easements

3.10-1. Recordation. Land Management shall ensure that all easements executed in accordance

with this Rule are recorded in ONROD and, if for tribal trust, that the easement also appears on

trust title.

End.

Original effective date: [add effective date established by authorized entity] (Certified by LOC on )

Real Property Rule #3 – Easements

Page 7 of 7

15 of 30

Environmental, Land, & Agricultural Division

A good mind, A good hearl. A strong fire,

MEMORANDUM

TO:

FROM:

DATE:

SUBJECT:

Eric McLester, Environmental, Land, and Agriculture Division

Nicole Rommel, Deputy Director - Land Management

January 06, 2025

Director Approval of Rule No. 3 - Easements

The Land Management Area of the Environmental, Land and Agricultural Division and the Land

Commission, as defined in the Real Property Law, is exercising its rulemaking authority to

further define sections of Title 6, Chapter 601, Real Property Law.

This rule is newly drafted; this rule is not amendment to an existing rule.

Attached is the most recent DRAFT of the Rule. To send this to the LOC for certification, the

Division Directors approval is needed.

Please review the document and sign below with your approval.

I approve Real Property Law Rule No. 3 - Easements

Eric McLester, Director - Environmental, Land and Agriculture Division

Little Bear Development Center

N7332 Water Circle Place

Oneida, WI 54155

Tsyunhehkwa Farm

N139 Riverdale Drive

Oneida, WI 54155

Land &Conservation Office

470 Airport Drive

Oneida, WI 54155

Cannery

N7210 Seminary Rd

Oneida, WI 54155

Date

Oneida Nation Farm

N6010 Cty Rd C

Seymour, WI 54165

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Oneida Land Commission

ONEIDA

Regular Meeting

5:00 p.m. Monday, August 12, 2024

Little Bear Conference Room & Microsoft Teams

=DDODDD=

Minutes

Present: Vice Chair Sidney White, Secretary Sherrole Benton, Commissioners: Patricia Cornelius, Donald

McLester, Frederick Muscavitch

Arrived at: N/A

Excused: Chair John Danforth

Others Present: Matthew Denny, Brooke Doxtator, Victoria Flowers, Lauren Hartman, Michelle Hill, Krystal

John, Wes Johnson, Eric McLester, Frank Noble, Troy Parr, Mariah Rauschenbach, Nicole Rommel;

I. CALL TO ORDER AND ROLL CALL

Meeting called to order by Vice Chair Sidney White at 5:01 p.m.

II. ADOPT THE AGENDA

Motion by Frederick Muscavitch to adopt the agenda with two (2) additions [1) IX.B. Approve the Right for

First Refusal for 4890 County Line Rd, 2) IX.C. Neighbor Letters, seconded by Patricia Cornelius. Motion

carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Item VII.A. addressed next.

III. TASK LIST

A. Right of First Refusal – Legal Opinion

B. New York Land

1. Hunting

2. Imminent Domain

C. Realtor Backup

D. Building Naming

E. Developer Agreement

IV. READING OF MINUTES

A. Approve the July 22, 2024, regular Oneida Land Commission meeting minutes

Sponsor: Sherrole Benton

Motion by Frederick Muscavitch to approve the July 22, 2024, regular Oneida Land Commission meeting

minutes, seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Oneida Land Commission

Regular Meeting Minutes

Page 1 of 7

August 12, 2024

17 of 30

V. TABLED BUSINESS

VI. OLD BUSINESS

A. Review and approve the revised Land Acquisition through Land Management for Residential

Leasing (HIP) standard operating procedure

Sponsor: Nicole Rommel

Motion by Sherrole Benton to approve the revised Land Acquisition through Land Management for

Residential Leasing Homeownership by Independent Purchase (HIP) standard operating procedure with all

the recommended changes, seconded by Patricia Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester

Opposed:

Frederick Muscavitch

Motion by Frederick Muscavitch to request a written legal opinion on section 5.2 on the accuracy, seconded

by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

B. Review and approve the Land Use License Rule and forward through the Rule Making

process

Sponsor: Nicole Rommel

Motion by Donald McLester to approve the draft Land Use License Rule, to forward through the Rule Making

process that includes a public hearing and allow staff to use the rule during the rule making process and no

fees will be charges until rule making is complete, seconded by Patricia Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Abstained:

Frederick Muscavitch

For the Record: Frederick Muscavitch abstained because he didn’t have a chance to read.

C. Review Naming Standard Operating Procedure and determine next steps (no submission)

Sponsor: Nicole Rommel

EXCERPT FROM July 8, 2024: Motion by Frederick Muscavitch to defer to the August 12, 2024,

meeting, seconded by Donald McLester. Motion carried:

Motion by Donald McLester to defer to the first meeting in September, seconded by Patricia Cornelius.

Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Item VII.B. addressed next.

Oneida Land Commission

Regular Meeting Minutes

Page 2 of 7

August 12, 2024

18 of 30

VII. NEW BUSINESS

A. Approve request to install a six (6) foot fence at 1329 Onu U Sla Way

Sponsor: Mariah Rauschenbach

Motion by Donald McLester to deny the request, seconded by Patricia Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

For the Record: Sherrole Benton stated this is temporary denial as member will need to finish going through

process before it can come back to the Land Commission for consideration.

Item IV.A. addressed next.

B. Approve letter to Treasure Larry Barton regarding training

Sponsor: Frederick Muscavitch

Motion by Frederick Muscavitch to request Brooke to revise the letter with reference to the bylaws section

regarding training, add to letterhead, get signed by John and forward to the Treasurer as soon as possible,

seconded by Donald McLester. Motion carried:

Ayes:

Patricia Cornelius, Donald McLester, Frederick Muscavitch

Abstained:

Sherrole Benton

For the Record: Sherrole Benton abstained because she thinks the timing might be a problem.

C. Discuss inviting the Forester to a meeting

Sponsor: Frederick Muscavitch

Motion by Frederick Muscavitch to invite the Forester to meet with the Land Commission at the first meeting

in September, seconded by Patricia Cornelius. Motion carried:

Ayes:

Patricia Cornelius, Donald McLester, Frederick Muscavitch

Opposed:

Sherrole Benton

For the Record: Sherrole Benton is opposed because it is not in our authority to call individual staff members

to question them about their work or the successes or failures of their work.

D. Discuss installing a fence at Parcel # 170222901

Sponsor: Frederick Muscavitch

Motion by Frederick Muscavitch to request the EHSLA Director work with Zoning to put up an appropriate

visual or physical barrier, seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

E. Approve the FY-2025 Oneida Land Commission meeting schedule

Sponsor: Brooke Doxtator

Motion by Frederick Muscavitch to approve the FY-2025 Oneida Land Commission meeting schedule,

seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Oneida Land Commission

Regular Meeting Minutes

Page 3 of 7

August 12, 2024

19 of 30

F. Approve the FY-2025 Oneida Land Commission hearing schedule

Sponsor: Brooke Doxtator

Motion by Frederick Muscavitch to approve the FY-2025 Oneida Land Commission hearing schedule,

seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

G. Approve the Building Demolition standard operating procedure

Sponsor: Nicole Rommel

Motion by Frederick Muscavitch to approve the Building Demolition standard operating procedure with

recommended changes, seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

H. Approve the Home Building Opportunities (HBO) Site Preparation standard operating

procedure

Sponsor: Nicole Rommel

Motion by Sherrole Benton to approve the Home Building Opportunity (HBO) Site Preparation standard

operating procedure with acronyms spelled out, and a definition added for Landbac, seconded by Patricia

Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Approve the Landbac Rule and forward through the Rule Making process

Sponsor: Nicole Rommel

Motion by Frederick Muscavitch to approve the draft Landbac Rule, forward through the Rule Making

process which includes a Public hearing and approve the staff to use the Rule while in the Rule making

process, seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

J. Approve the Easement Rule and forward through the Rule Making process

Sponsor: Nicole Rommel

Motion by Frederick Muscavitch to defer the draft Easement Rule for consideration of implementation until

next month and approve for it to go to public hearing, seconded by Patricia Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Oneida Land Commission

Regular Meeting Minutes

Page 4 of 7

August 12, 2024

20 of 30

VIII. REPORTS (FY-24 DEADLINES Q1-FEB 6, SEMI-ANNUAL-APR, Q2-APR 30, Q3-AUG 6, ANNUAL-OCT, Q4-NOV 5)

A. Enter the e-poll results into the record regarding the approval of the Oneida Land

Commission FY-2024 3rd quarter report

Sponsor: Sherrole Benton

Motion by Patricia Cornelius to enter the e-poll results into the record regarding the approval of the Oneida

Land Commission FY-2024 3rd quarter report, seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Motion by Patricia Cornelius to go into executive session at 6:11 p.m., seconded by Donald McLester. Motion

carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Motion by Patricia Cornelius to come out of executive session at 6:55 p.m., seconded by Donald McLester.

Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

IX. EXECUTIVE SESSION

A. OLD/TABLED BUSINESS

1. Determine next steps regarding File # 06202402V (no submission)

Sponsor: Lauren Hartman

EXCERPT FROM June 24, 2024: Motion by Sherrole Benton to defer File #06202402V to the July 8,

2024, meeting with information regarding the covenants, seconded by Donald McLester. Motion

carried:

EXCERPT FROM July 8, 2024: Motion by Patricia Cornelius to table File # 06202402V, seconded by

Donald McLester. Motion carried:

For the record: No action taken on this item.

2. Real Estate Tools – Rights of First Offer, Rights of First Refusal and Options to Purchase,

Waving Contingencies; and other tools (no submission)

Motion by Donald McLester to approve developing training for rights of first offer, rights of first refusal,

options of purchase, waiving contingencies, other tools along with reviewing the standard operating

procedures for defects, seconded by Patricia Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Oneida Land Commission

Regular Meeting Minutes

Page 5 of 7

August 12, 2024

21 of 30

3. Determine next steps regarding File # 07202402C

Sponsor: Sidney White

Motion by Sherrole Benton to allow the Oneida Nation Entities to view the facilities for File # 07202402C and

Parcel # 6H-1083-1, seconded by Patricia Cornelius. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

B. Approve the Right for First Refusal for 4890 County Line Rd

Sponsor: Nicole Rommel

Motion by Patricia Cornelius to approve satisfying the mortgage for 4890 County Line Rd to avoid an

assignment of lease for loan number xxx9253, seconded by Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

C. Neighbor Letters

Sponsor: Frederick Muscavitch

Motion by Frederick Muscavitch to approve sending the letter to the three (3) landowners listed on the

handout and authorizing offers up to $11,000 per acre should she be contacted by them, seconded by

Donald McLester. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Motion by Patricia Cornelius to go into executive session at 7:01 p.m., seconded by Donald McLester. Motion

carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Motion by Donald McLester to come out of executive session at 7:04 p.m., seconded Frederick Muscavitch.

Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Motion by Patricia Cornelius to add Old Seymour property to the agenda, seconded by Donald McLester.

Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

D. Old Seymour Property

Sponsor: Eric McLester

Motion by Patricia Cornelius to approve increasing the offer up to $17,000 per acre for the property on Old

Seymour Road with no hunting privileges, seconded by Frederick Muscavitch. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Oneida Land Commission

Regular Meeting Minutes

Page 6 of 7

August 12, 2024

22 of 30

X. ADJOURNMENT

Motion by Donald McLester to adjourn at 7:05 p.m., seconded by Sherrole Benton. Motion carried:

Ayes:

Sherrole Benton, Patricia Cornelius, Donald McLester, Frederick

Muscavitch

Roll call for the record:

Present: Vice Chair Sidney White, Secretary Sherrole Benton, Commissioners: Patricia Cornelius,

Donald McLester, Frederick Muscavitch

Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor.

Minutes approved as presented August 26, 2024.

______________________________

Sherrole Benton, Secretary

Oneida Land Commission

Regular Meeting Minutes

Page 7 of 7

August 12, 2024

NOTICE OF

PUBLIC MEETING

To be held on

Tuesday, October 8, 2024

10:00 a.m.

In the

Little Bear Development Center Conference Room

N7332 Water Circle Place, Oneida, WI 54155

In accordance with the Administrative Rulemaking Law, the Environmental, Health, Safety, Land and Agricultural Division, the General

Manager and Oneida Land Commission are hosting this Public Meeting to gather feedback regarding the following new proposed rules:

Real Property Rule #1— Land Assessments for the Nation’s

Decisionmaker’s to Build an Autonomous Community

(LANDBAC)

i Replaces the former Land Use Technical Unit (LUTU) process as

the Nation’s process for assessing land uses to prioritize greatest

and best use by the Nation to provide for the community;

i The process distinguishes between offerings to the Nation’s internal entities and requests from external parties to use the Nation’s

land wherein all possible available uses are governed by separate

rules (see various leasing rules, Land Use License Rule, and Easements Rule).

Real Property Rule #2— Land Use Licenses

i Formalizes a former general practice and SOP into an administra-

tive rule while expanding the scope to apply to large gatherings (75

people or more) on land owned by tribal members.

Real property Rule #3—Easements

i Formalizes a former SOP into an administrative rule which applies

to third party requests to use/access the Nation’s land and individual trust land owners requests for easement processing through the

Bureau of Indian Affairs (BIA) on their land.

To obtain copies of the Public Meeting documents for this proposal,

please visit www.oneida-nsn.gov/Register/PublicMeetings.

PUBLIC COMMENT PERIOD

OPEN UNTIL Wednesday, October

16, 2024

During the Public Comment Period, all interested persons may submit

written comments and/or a transcript of any testimony/spoken comments made during the Public Meeting. These may be submitted to

Land Management by U.S. mail, interoffice mail, e-mail or fax.

Land Management

PO Box 365, Oneida, WI 54155

Email: nrommel@oneidanation.org

Phone: 920-869-6505

23 of 30

24 of 30

Summary Report for:

Land Management

Original Effective Date:

N/A

Amendment Effective Date:

08/12/2024

Name of Rule:

Easements

Name Law being Interpreted:

Real Property Law

Rule #:

Other Laws or Rules that may be affected:

N/A

Brief Summary of the proposed rule:

Formalizes a former SOP into an administrative rule which applies to third party

requests to use/access the Nation’s land and individual trust landowners requests

for easement processing through the Bureau of Indian Affairs (BIA) on their land.

Statement of Effect:

Financial Analysis:

Note: In addition- the agency must send a written request to each entity which may be affected

by the rule- asking that they provide information about how the rule would financially affect

them. The agency must include each entity’s response in the financial analysis. If the agency

does not receive a response within 10 business days after the request is made, the financial

analysis can note which entities did not provide a response.

25 of 30

Financial Analysis for:

Easements

Type of Cost

Start Up Costs

Personnel

Office

Documentation Costs

Estimate of time necessary for

an individual or agency to

comply with the rule after

implementation

Other, please explain

Total

Description/Comment

Dollar Amount

N/A

$0.00

Immediate

N/A

Annual Net Revenue

N/A

$0.00

26 of 30

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Real Property Law Rule No. 3 – Easements

Summary

The Real Property Law Rule No. 3 – Easements provides procedures for granting easements over,

under and across tribal lands in order to best protect the interests of the Oneida Nation, and also

addresses how Land Management facilitates the processing of easements on individual trust land.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: September 20, 2024

Analysis by the Legislative Reference Office

The Administrative Rulemaking law provides authorized agencies the opportunity to promulgate

rules interpreting the provisions of any law enforced or administered by it; provided that, a rule

may not exceed the rulemaking authority granted under the law for which the rule is being

promulgated. [1 O.C. 106.4-1]. Rulemaking authority is defined as the delegation of authority to

authorized agencies found in the Nation’s laws, other than the Administrative Rulemaking law,

which allows authorized agencies to implement, interpret and/or enforce a law of the Nation. [1

O.C. 106.3-1(i)]. An authorized agency is defined as “any board, committee, commission,

department, program or officer of the Nation that has been granted rulemaking authority.” [1 O.C.

106.3-1(a)].

The Real Property law provides regulations and procedures for the transfer, control and

management of the territory within the Reservation and all Tribal land; to integrate these

regulations and procedures with the real property laws and practices of other federal and state

sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and

certification requirements for the Nation’s employees dealing with real property transactions. [6

O.C. 601.1-1]. It is the policy of the Nation to set out the responsibilities and expectations for

persons purchasing and/or managing real property on behalf of the Nation and/or within the

Reservation and to provide real property holder’s rights and responsibilities. [6 O.C. 601.1-1].

The Real Property law delegates joint administrative rulemaking authority to the Oneida Land

Commission and Land Management to jointly develop rules regarding easements and land use

licenses. [6 O.C. 601.12-3(a)]. The Real Property law provides that the Oneida Land Commission

is responsible for approving or denying all easements or land use licenses. [6 O.C. 601.12-2(b)].

Page 1 of 2

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

27 of 30

The purpose of the Real Property Law Rule No. 3 – Easements (“the Rule”) is to provide

procedures for granting easements over, under and across tribal lands in order to best protect the

interests of the Oneida Nation, and also addresses how Land Management facilitates the processing

of easements on individual trust land. [Rule 3.1-1]. The Rule addresses:

Scope and application, including the general applicability of the rule and when the Rule

does not apply to requests for easements [Rule 3.4];

Applications for easements on tribal lands, including what information is included on the

application form and how the application is processed [Rule 3.5];

Oneida Land Commission’s preliminary review, including information on the Oneida Land

Commissions easement decision, notice of the easement decision [Rule 3.6];

Oneida Land Commission final review, including Land Management’s preparation for the

Oneida Land Commission, the Oneida Land Commission review of trust land easements,

Oneida Land Commission review of fee land easements, and the authority to sign easement

documents [Rule 3.7];

Easement administration, including land data sheet, easement corrections, affidavit of

completion, and easement close-out [Rule 3.8];

Requests for easements on individual trust land, including individual trust land easement

requests, BIA easement application, environmental and cultural reviews, and BIA

submittal [Rule 3.9]; and

Recording easements [Rule 3.10].

Conclusion

There are no legal bars to adopting the Real Property Law Rule No. 3 – Easements.

Page 2 of 2

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

ONEIDA

28 | OCTOBER 2024

NOTICES

Setting Time and Notice

to Interested Parties

28 ofKALIHWISAKS

NOTICE OF

PUBLIC MEETING

TO BE HELD

The following estates are being prepared

for probate by the Oneida Nation, Land

Commission Hearing Body.

Little Bear Development Center Conference Room

N7332 Water Circle Place, Oneida, WI 54155

To attend a scheduled hearing virtually contact

Cindy Lecker, Land, Title & Trust Specialist,

Oneida Nation, Land Management, • 470 Airport Dr.

PO Box 365, • Oneida, WI 54155, • 920-869-6610

CLecker@oneidanation.org

In accordance with the Administrative Rule-making Law,

the Comprehensive Housing Division and the Oneida Land

Commission are hosting this Public Meeting to gather feedback

from the community regarding pro-posed amendments to the

following rule:

In the Matter of the Estate of Leo W Sundquist,

Case No. 2024 LCP 0006

Real Property Rule #1— Land Assessments for the Nation’s

Decisionmaker’s to Build an Autonomous Community

(LANDBAC)

1. An application for probate was ﬁled.

◊ Replaces the former Land Use Technical Unit (LUTU)

process as the Nation’s process for assessing land uses to

prioritize greatest and best use by the Nation to provide

for the community;

2. The decedent with a date of birth of 09/13/1951 and date

of death 01/04/2024, was an Oneida Nation member,

domiciled off the Oneida Reservation at 2449 West Point

Rd., Green Bay, WI 54304

3. The deadline to submit claims is 11/01/2024.

4. All interested persons are hereby noticed.

Tuesday, October 8, 2024 at 10:00am

◊ The process distinguishes between offerings to the

Nation’s internal entities and requests from external

parties to use the Nation’s land wherein all possible

available uses are governed by separate rules (see

various leasing rules, Land Use License Rule, and

Easements Rule).

Real Property Rule #2— Land Use Licenses

ONEIDA JUDICIARY

Tsi nu téshakotiya? tolétha / Trial Court

Payment can be made either in person at the Oneida Trial

Court located at 2630 West Mason Street,

Green Bay, WI 54303; or by mailing said payment to

Oneida Trial Court P.O. Box 19, Oneida, WI 54155

Oneida entities owed a debt:

ONEIDA TRIAL COURT

NOTICE OF

INTENT TO GARNISH

Debtor's Names:

♦

Terry Lee Cooper Blackowl

Kimberly R. Batiste

First published notice 9/24

◊ Formalizes a former general practice and SOP into an

administrative rule while expanding the scope to apply to

large gatherings (75 people or more) on land owned by

tribal members.

Real property Rule #3—Easements

◊ Formalizes a former SOP into an administrative rule

which applies to third party requests to use/access the

Nation’s land and individual trust land owners requests for

easement processing through the Bureau of Indian Affairs

(BIA) on their land.

To obtain copies of the Public Meeting documents for this

proposal, please visit www.oneida-nsn.gov/Register/

PublicMeetings.

PUBLIC COMMENT PERIOD

OPEN UNTIL Wednesday, October 16, 2024

During the Public Comment Period, all interested persons may

submit written comments and/or a transcript of any testimony/

spoken comments made during the Public Meeting. These may

be submitted to The Comprehensive Housing Division by U.S.

mail, interoffice mail, e-mail or fax.

Comprehensive Housing Division

2913 Commissioner Street, Oneida, WI 54155

nrommel@oneidanation.org

Phone: 920-869-6505

29 of 30

=ODDDOO

Environmental, Health, Safety, Land & Agriculture Division

ONEIDA

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

Land Management

Public Meeting

Rule #1 – Land Assessment for the Nation’s Decisionmaker’s to Build an Autonomous

Community (LANDBAC)

Rule #2 – Land Use License

Rule #3 - Easements

Little Bear Development Center Conference Room

N7332 Water Circle Place, Oneida, WI 54155

October 8, 2024 @ 10:00 a.m.

Present: Diane Wilson in person, Lauren Hartman on Teams, Krystal John on Teams, Mark

Powless on Teams, Eric McLester in person, Nicole Rommel in person

Nicole Rommel: So we’re here to have the public meeting on Tuesday, October 8, 2024 at Little

Bear on three rules that are going through the rule making process which is Real Property Rule

#1, Land Assessment for the Nation’s Decisionmaker’s to Build an Autonomous Community

which is LANDBAC, Real Property #2 which is Land Use Licenses, and Real Property Rule #3

which is Easements. At this time, which is 10:02 there isn’t anyone from the public here to make

comments. Ummm…..

Krystal John: You can state that you’ll leave, umm that you’ll wait 15 minutes and then you’ll

close the public meeting.

Nicole Rommel: OK and we’ll wait 15 minutes until 10:15, then we’ll close the meeting.

Krystal John: OK now stop your recording and then turn it back on at 10:15

Nicole Rommel: Thank you.

Nicole Rommel: Started the recording, we didn’t have any community come umm to give verbal

comment, the public period is open until Wednesday, October 16, 2024, those written comments

can be made to Land Management, PO Box 365, Oneida, WI 54155 or they can be emailed to

nrommel@oneidanation.org or the phone number is 920-869-6505 for any questions. At this

time I’m going to stop the public hearing, thank you.

Little Bear Development Center

N7332 Water Circle Place

Oneida, WI 54155

Tsyunhehkwa Farm

N139 Riverdale Drive

Oneida, WI 54155

Land &Conservation Office

470 Airport Drive

Oneida, WI 54155

Cannery

N7210 Seminary Rd

Oneida, WI 54155

Oneida Nation Farm

N6010 Cty Rd C

Seymour, WI 54165

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MONDAY

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Feb 3

10:30am One Year

Review: Drug and

Alcohol Free

Workplace Law

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

1:30pm Short Term Rental

Law Work Meeting

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

8:30am LOC Prep Meeting

(Microsoft Teams

Meeting) - Clorissa N.

Leeman

9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

1:30pm LOC Work

Session (Microsoft

Teams Meeting;

10:00am Boards,

Committees, and

Commissions

amendments -work

meeting (Microsoft

Teams Meeting;

BC_Exec_Conf_Room) 1:30pm Higher Education

Grant law/rule

(BC_Exec_Conf_Room) Grace L. Elliott

1:30pm Workplace

Violence amendments

work meeting

(Microsoft Teams

Meeting) - Carolyn A.

Salutz

10:30am Public Use of

Tribal Land Law

Amendments Work

Meeting (Microsoft

Teams Meeting) Clorissa N. Leeman

8:30am LOC Prep Meeting

(Microsoft Teams

Meeting;

BC_Conf_Room) 9:00am Legislative

Operating Committee

Meeting (Microsoft

Teams Meeting;

1:30pm LOC Work

Session

(BC_Exec_Conf_Room) -

LOC

1:30pm Strategic Planning

(Microsoft Teams

Meeting;

BC_Exec_Conf_Room) Clorissa N. Leeman

1:30pm Strategic Planning

(Microsoft Teams

Meeting;

BC_Exec_Conf_Room) Clorissa N. Leeman

11:00am Hunting, Fishing,

and Trapping Law

Amendments Work

Meeting (Microsoft

Teams Meeting) Clorissa N. Leeman

1:30pm Energy Law Work

Meeting (Microsoft

Teams Meeting) Clorissa N. Leeman

10:30am FW: Probate Law

(Microsoft Teams

Meeting) - Grace L.

Elliott

2/14/2025 2:24 PM

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.