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
October 1, 2025
9:00 a.m.
I.
Call to Order and Approval of the Agenda
II.
Minutes to be Approved
1. September 17, 2025 LOC Meeting Minutes (pg. 2)
III.
Current Business
1. Real Property Law Amendments (pg. 4)
2. Higher Education Scholarship Law (pg. 43)
3. Hunting, Fishing, and Trapping Law Amendments (HANDOUT)
IV.
New Submissions
V.
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
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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 17, 2025
9:00 a.m.
Present: Jameson Wilson, Jonas Hill, Jennifer Webster
Excused: Kirby Metoxen, Marlon Skenandore
Others Present: Clorissa N. Leeman, Grace Elliott, Carolyn Salutz, Mistylee Herzog, Justin
Gerzetich
Others Present on Microsoft Teams: Janice Decorah, Melissa Alvarado, Sarah White, Rae
Skenandore, Tavia James Charles. Kaylynn Biely, Ralinda Ninham-Lamberies, Rhiannon Metoxen,
David Jordan, Kristal Hill, Sarah Capelle, Shannon Stone, Derrick King, Mark Powless, Katsitsiyo
Danforth
I.
Call to Order and Approval of the Agenda
Jameson Wilson called the September 17, 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. September 3, 2025 LOC Meeting Minutes
Motion by Jennifer Webster to approve the September 3, 2025 LOC meeting minutes and
forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried
unanimously.
III.
Current Business
1. Higher Education Scholarship Law
Motion by Jennifer Webster to accept the legislative analysis for the Higher Education
Grant Law; seconded by Jonas Hill. Motion carried unanimously.
2. Hunting, Fishing, and Trapping Law Amendments
Motion by Jennifer Webster to accept the public comments and the public comment review
memo and defer to a work meeting for further consideration; seconded by Jonas Hill.
Motion carried unanimously.
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GOOOQO;
A good mind. A good heart. A strong fire.
Legislative Operating Committee Meeting Minutes of September 17, 2025
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ONEIDA
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IV.
New Submissions
1. Oneida Food Service Law Amendments
Motion by Jennifer Webster to deny the request to add the Oneida Food Service law to the
Active Files List; seconded by Jonas Hill. Motion carried unanimously.
V.
Additions
VI.
Administrative Updates
VII.
Executive Session
VIII. Adjourn
Motion by Jennifer Webster to adjourn at 9:15 a.m.; seconded by Jonas Hill. Motion carried
unanimously.
Legislative Operating Committee Meeting Minutes of September 17, 2025
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r'\.
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
=DODDDD=
ONEIDA
Legislative Operating Committee
October 1, 2025
Real Property Law Amendments
Submission Date: 1/22/20
LOC Sponsor: Jameson Wilson
Public Meeting: N/A
Emergency Enacted: N/A
Summary: This item was carried over from the last two (2) terms. It was added to the AFL in January
2020 by request of the Oneida Law Office to emergency amend the delegation of rulemaking authority given
Oneida Land Commission, Land Management & Comprehensive Housing Division. The amendments added
a provision that delegates rulemaking authority to these agencies as needed to exercise their authority and
manage the responsibilities bestowed upon them by law. The basis for the emergency was to give
Comprehensive Housing Division, Oneida Land Commission & Land Management authority to develop
rules under the law regarding land acquisitions. Rulemaking authority was sought to address such
acquisitions due to the transparency and oversight that the process of the Administrative Rulemaking law
provides.
Emergency amendments to the law were sought to preserve the general welfare of the Reservation
population as the amendments ensure that the homeownership and land acquisition strategies related to the
Nation’s HIP and THRIFTT programs were not jeopardized by allowing immediate updates to the program
processing and required component that authorizes land acquisitions.
Emergency amendments were adopted by the OBC through resolution BC-01-22-20-B. The amendments
were set to expire on July 22, 2020. On July 22, 2020, the OBC adopted resolution BC-07-22-20-A,
extending the emergency amendments to the Real Property law for an additional six (6) month timeframe –
to expire on January 22, 2021.
10/4/23 LOC: Motion by Jennifer Webster to add the Real Property Law Amendments to the Active Files
List with Jameson Wilson as the sponsor; seconded by Marlon Skenandore. Motion carried
unanimously.
11/13/23:
Work Meeting. Present: Grace Elliott, Krystal John, Lisa Rauschenbach, Nicole Rommel,
Mark Powless, Scott Denny, Michelle Hill, Clorissa Leeman. The purpose of this meeting
was to renew discussion on amendments to the Real Property Law. Significant amendments
were recommended by the work group. Next steps are to incorporate the amendments
requested thus far and pick up at §601.7-3.
2/13/24:
Work Meeting. Present: Kristal Hill, Lisa Rauschenbach, Nicole Rommel, Michelle Hill,
Grace Elliott. The purpose of this meeting was to complete the first review of the entire Real
Property law. Significant amendments were suggested. Next steps are to incorporate the
amendments requested and then have the team examine the amendments for accuracy.
3/22/24:
Work Meeting. Present: Grace Elliott, Michelle Hill, Mark Powless, Danielle White, Lisa
Rauschenbach, Nicole Rommel. The purpose of this meeting was to review proposed
amendments to the Real Property law.
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A good mind. A good heart. A strong fire.
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3/28/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Grace Elliott, Kristal Hill, Scott Denny, Maureen Perkins, Danielle White,
Fawn Cottrell, Lisa Rauschenbach, Nicole Rommel, Krystal John. The purpose of this
meeting was to review proposed amendments to the Real Property law.
4/16/24:
Work Meeting. Present: Marlon Skenandore, Jameson Wilson, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Grace Elliott, Kristal Hill, Scott Denny, Maureen Perkins, Mark Powless,
Danielle White, Fawn Cottrell, Lisa Rauschenbach, Nicole Rommel, Eric McLester, Krystal
John. The purpose of this meeting was to review proposed amendments to the Real Property
law.
6/11/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Fawn Cottrell, Mark
Powless, Maureen Perkins. Kristal Hill, Eric McLester, Clorissa Leeman, Nicole Rommel,
Grace Elliott. The purpose of this meeting was to review proposed amendments to the Real
Property Law.
7/2/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Krystal John, Michelle Hill, Eric McLester, Nicole Rommel, Clorissa Leeman, Kristal Hill,
Maureen Perkins, Mark Powless, Carolyn Salutz, Grace Elliott. The purpose of this meeting
was to review various methods of holding ownership including tenants in common and joint
tenancy with the right of survivorship.
7/25/24:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Krystal John, Michelle Hill, Eric
McLester, Nicole Rommel, Clorissa Leeman, Fawn Billie, Fawn Cottrell, Kristal Hill,
Maureen Perkins, Mark Powless, Carolyn Salutz, Grace Elliott. The purpose of this meeting
was to proofread the draft amendments to the Real Property law.
12/10/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Grace Elliott. The
purpose of this meeting was to review the draft Real Property law as it relates to the
development of the probate law.
12/18/24:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Marlon Skenandore, Jennifer Webster,
Kirby Metoxen, Clorissa Leeman, Carolyn Salutz, Kristal Hill, Fawn Billie, Fawn Cottrell,
Maureen Perkins, Grace Elliott. The purpose of this meeting was to review the draft
amendments to the Real Property law. The LOC identified several areas to be researched
and reconsidered.
1/28/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Marlon Skenandore, Fawn Cottrell, Kristal Hill, Clorissa Leeman, Grace Elliott. The
purpose of this meeting was to review the delegation of rulemaking authority within the Real
Property law.
6/6/25:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Marlon Skenandore, Kristal Hill,
Krystal John, Michelle Hill, Mark Powless, Eric McLester, Grace Elliott. The purpose of
this meeting was to review the entire Real Property law with a focus on the delegations of
rulemaking authority.
8/5/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby Metoxen,
Marlon Skenandore, Eric McLester, Nicole Rommel, Krystal John, Michelle Hill, Kristal
Hill, RC Metoxen, Grace Elliott. The purpose of this meeting was to finish the review of the
draft starting on line 282.
A good mind. A good heart. A strong fire.
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8/21/25:
Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Krystal John, Mark
Powless, Michelle Hill, Nicole Rommel, Lisa Rauschenbach, Eric McLester, Fawn Billie,
Fawn Cottrell, Grace Elliott. The purpose of this meeting was to review the changes related
to the draft amendments to the Public Use of Tribal Land Law.
8/28/25:
Work Meeting. Present: Jameson Wilson, Jennifer Webster, Krystal John, Nicole Rommel,
Lisa Rauschenbach, Eric McLester, Gregory Matson, Mark Powless, Fawn Billie, Fawn
Cottrell, Rhiannon Metoxen, Grace Elliott. The purpose of this meeting was to complete a
full read through of the draft.
9/3/25 LOC:
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.
Next Steps:
▪ Accept the legislative analysis and public meeting packet for the proposed amendments to the
Real Property Law and schedule a public meeting to be held on November 14, 2025.
A good mind. A good heart. A strong fire.
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ONEIDA
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ONEIDA NATION PUBLIC MEETING NOTICE
FRIDAY, NOVEMBER 14, 2025, 12:15 pm
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings
Send Public Comments to
LOC@oneidanation.org
Ask Questions here
LOC@oneidanation.org
920-869-4417
REAL PROPERTYLAW AMENDMENTS
The Nation is considering updates to the Real Property law to improve land governance, and
streamline operations.
Key proposed Real Property law amendments will:
Limit the prohibition on selling Tribal land to parcels within 25 miles of the Reservation’s boundaries. Exceptions include trust land consolidation, partition, and offReservation sales approved by resolution.
Remove all probate-related provisions and definitions in anticipation of a standalone
Probate law.
Transfer rulemaking and operational authority from the Land Commission to Land
Management, the Comprehensive Housing Division, and senior leadership. This includes lease approvals, land use licensing, and policy development.
Reinstate trespass provisions, and expand enforcement powers to include citations,
fines, and actions by Oneida police or wardens.
Clarify the Nation’s use of eminent domain as a last resort, with a process for judicial
review.
Clarify legal pathways for easements– by necessity, prescription, or written instrument.
Adverse possession claims against the Nation are prohibited.
Continue public access to land records through the Oneida Nation Register of Deeds,
subject to approved fees.
Increase Land Management staffing for real estate acquisition and
clarify responsibilities for land care, leasing, and title management.
Individuals are encouraged to attend the public meeting for the proposed Real Property law
amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you
wish to attend the public meeting through Microsoft Teams please contact
LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES FRIDAY, NOVEMBER 21, 2025
During the public comment period, anyone may submit written comments, questions or input.
Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
For more information on the proposed Real Property law amendments please review the public meeting packet at oneida-nsn.gov/government/register/public meetings.
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Analysis to Draft 1
2025 10 01
REAL PROPERTY
LAW AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Legislation or
Amendments
Analysis by the Legislative Reference Office
▪ Limit the Nation’s prohibition on the sale of Tribal land to only those parcels
located within twenty-five (25) miles of the Reservation’s exterior boundaries
and establish a defined process and specific circumstances under which
exemptions may be granted- thereby empowering the Nation to sell Tribal land
when necessary. [6 O.C. 601.4-2]. Exceptions to the general prohibition on
certain land transactions are limited to the following:
▪ Consolidation or partition of Tribal trust land and/or individual trust land;
or [6 O.C. 601.4-4(a)].
▪ Sale of land located off the Reservation, but within twenty-five (25) miles
of its exterior boundaries, provided the transaction is approved by formal
resolution of the Oneida Business Committee. [6 O.C. 601.4-4(b)].
▪ Remove the definitions for terms related to probate that are not applicable under
the proposed amendments. Specifically eliminate the following definitions:
▪ Broker [6 O.C. 601.3-1(a)],
▪ Estate [6 O.C. 601.3-1(e)],
▪ Fiduciary [6 O.C. 601.3-1(f)],
▪ Guardian ad litem [6 O.C. 601.3-1(g)],
▪ Personal representative [6 O.C. 601.3-1(o)], and
▪ Probate [6 O.C. 601.3-1(p)].
▪ Add or modify definitions for the following terms: Deed [6 O.C. 601.3-1(c)],
Easement [6 O.C. 601.3-1(d)], Individual trust land [6 O.C. 601.3-1(f)], Land
Management [6 O.C. 601.3-1(i)], Land use license [6 O.C. 601.3-1(j)],
Restricted fee status [6 O.C. 601.3-1(o)], Rule [6 O.C. 601.3-1(p)], Senior
management [6 O.C. 601.3-1(q)], Title status report [6 O.C. 601.3-1(s)], and
Title report [6 O.C. 601.3-1(t)].
▪ Clarify that the Nation’s exercise of eminent domain is limited to a right of last
resort. [6 O.C. 601.8-3(a)(3)].
▪ Provide that any party contesting the Nation’s authority to exercise eminent
domain, or disputing the adequacy of consideration offered, may challenge the
acquisition by filing a civil complaint with the Oneida Nation Trial Court. [6
O.C. 601.8-3(a)(3)].
▪ Reinstate trespass provisions previously contained in the Public Use of Tribal
Land law. [6 O.C. 601.8-10].
▪ Add enforcement provisions similar to those contained in the Public Use of
Tribal Land law. [6 O.C. 601.13].
▪ Authorize officers of the Oneida Police Department or designated wardens to
take any action necessary to prevent, mitigate, or remove violations of this Law,
require proof of eligibility to access Tribal land, issue citations, and enforce any
order not complied with at the expense of the owner. [6 O.C. 601.13].
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Analysis to Draft 1
2025 10 01
▪
▪
▪
▪
▪
▪
▪
▪
Provide that an individual who violates this law may be issued a citation; a
citation may include fines, other penalties, and conditional orders as determined
by the Trial Court. [6 O.C. 601.13-2(a)].
Specify that the Oneida Nation Register of Deeds shall provide public access
to land records and title documents, subject to applicable fees outlined in the
fee schedule established by Land Management and approved by the Land
Commission. [6 O.C. 601.11-3].
Streamline authority and improve operational efficiency within Land
Management and the Comprehensive Housing Division by eliminating
overlapping responsibilities currently held by the Land Commission. The Land
Commission will no longer:
▪ Interpret the provisions of this law by developing policies that guide Land
Management in its execution. [6 O.C. 601.12-2(a)].
▪ Approve or deny all applications for easements and land use licenses. [6
O.C. 601.12-2(b)].
▪ Review and adopt Land Management’s standard operating procedures for
agriculture and commercial leases in accordance with the Leasing law. [6
O.C. 601.12-2(c)].
▪ Allocate and assign land uses to all Tribal land- excluding those governed
by the Public Use of Tribal Land law- based on rules established by the
Land Use Technical Unit. These rules shall be developed collaboratively
with the Oneida Planning Department, affected Oneida divisions and
departments and the Oneida Land Commission. [6 O.C. 601.12-2(e)].
Delegate exclusive rulemaking authority to the Comprehensive Housing
Division for establishing process requirements- such as advertising, notice,
prequalification, and selection- applicable to all residential improvements sales
by the Nation. [6 O.C. 601.5-1].
Authorize the Oneida Business Committee and senior management to issue
policy directives to Land Management for implementing this law, replacing the
Land Commission’s role. [6 O.C. 601.5-3].
Eliminate the requirement for Land Management to forward easement and land
use license requests to the Oneida Land Commission. [6 O.C. 601.12-3(a)].
Delegate rulemaking authority to Land Management under the Administrative
Rulemaking law to: [6 O.C. 601.5-3(b)].
▪ Define procedures for approving agriculture and commercial leases. [6
O.C. 601.5-3(b)(1)].
▪ Establish a fine and penalty schedule for violations. [6 O.C. 601.5-3(b)(2)].
▪ Create any additional rules necessary to implement or interpret this law; [6
O.C. 601.5-3(b)(3)].
▪ Ensure all rules are approved by senior management before submission to
the Legislative Operating Committee pursuant to the Administrative
Rulemaking law. [6 O.C. 601.5-3(b)(4)].
Designate Land Management as the entity responsible for:
▪ Interpreting this law and developing polices as necessary to support
implementation. [6 O.C. 601.5-3(a)].
▪ Managing the Tribal land portfolio and acting as the caretaker of
unassigned lands. [6 O.C. 601.5-3(g)].
▪ Entering into and administering agricultural and commercial leases
pursuant to the Leasing and Eviction and Termination laws. [6 O.C. 601.53(h)].
Page 2 of 13
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Analysis to Draft 1
2025 10 01
▪
Purpose
Affected Entities
Related Legislation
Enforcement
Processing requests for easements and land use licenses. [6 O.C. 601.53(i)].
▪ Administering internal building and land assignments to Nation entities, as
approved by senior management. [6 O.C. 601.5-3(j)].
▪ Handling transactions that add real property to the Tribal land base. [6 O.C.
601.5-3(k)].
▪ Preparing and maintaining title reports and accurate land records; [6 O.C.
601.5-3(l)].
▪ Providing real estate services for individual trust landowners under the selfgovernance compact, including document submission to the Bureau of
Indian Affairs. [6 O.C. 601.5-3(m)].
▪ Compiling, and submitting the Nation’s fee-to-trust applications in
accordance with the priorities set by senior management; [6 O.C. 601.53(n)].
▪ Determining which Tribal lands require posting and ensuring appropriate
signage is installed. [6 O.C. 601.5-3(o)].
▪ Remove the provisions of the Law regarding probate. [6 O.C. 601.8].
▪ Establish the legal framework for granting easements in specific circumstances
where access to property is restricted. Three types of easements are outlined:
▪ Easement by Necessity- Allows landlocked property owners to petition the
Oneida Judiciary for access through adjacent land, provided they can prove
the parcels were once under common ownership and the landlocked
condition resulted from a severance. [6 O.C. 601.8-3(d)].
▪ Prescriptive Easement- Permits individuals to seek continued use of land if
they’ve used it openly, adversely, and continuously for twenty (20) years.
[6 O.C. 601.8-3(e)].
▪ Easement by Written instrument- Recognizes property rights acquired
through uninterrupted adverse possession over seven years. [6 O.C. 601.83(e)].
▪ Additionally, it protects Tribal land from unauthorized claims, by
prohibiting adverse possession claims against the Nation. [6 O.C. 601.83(f)].
▪ Increase the minimum number of Land Management employees primarily
responsible for real estate acquisitions from one (1) to two (2), contingent upon
budgetary resources. [6 O.C. 601.12-1(b)].
▪ Make other minor drafting changes throughout the Law.
The purpose of this law is to provide regulations and procedures for the transfer,
control and management of all Tribal land; and to integrate these regulations and
procedures with the real property laws and practices of other federal and state
sovereigns which may hold concurrent jurisdiction. [6 O.C. 601.1-1].
The Comprehensive Housing Division, Oneida Land Commission, Oneida Land
Management, Oneida Police Department, Oneida Law Office.
Administrative Rulemaking law, Building Code, Leasing law, Eviction and
Termination law, Judiciary law, Mortgage and Foreclosure law, Oneida Judiciary
Rules of Civil Procedure, Public Use of Tribal Land, and Zoning and Shoreline
Protection Ordinance.
The Real Property law delegates authority to Land Management to develop rules,
pursuant to the Administrative Rulemaking law, as well as citation fees and
penalty schedules, for the implementation, interpretation and/or enforcement of the
law. [6 O.C. 601.5-3(b)]. An officer of the Oneida Police Department or a
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Analysis to Draft 1
2025 10 01
Due Process
Public Meeting
Fiscal Impact
designated warden may require any person to provide proof of eligibility to access
or use any designated Tribal lands. [6 O.C. 601.13-1]. An individual who violates
this law may be issued a citation; a citation may include fines, other penalties, and
conditional orders as determined by the Trial Court. [6 O.C. 601.13-2(a)].
Any party contesting the Nation’s authority to exercise eminent domain, or
disputing the adequacy of consideration offered, may challenge the acquisition by
filing a civil complaint with the Oneida Nation Trial Court. [6 O.C. 601.8-3(a)(3)].
All citations shall be processes in accordance with the Nation’s laws and policies
governing citation procedures. [6 O.C. 601.13-2(b)].
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. The Real Property law was originally adopted by the Oneida Business Committee in
1996 by resolution BC-5-29-96-A, and then through resolutions BC-03-01-06-D, BC-04-28-10-E,
BC-02-25-15-C, BC-05-13-15-B, BC-02-08-17-A and BC-05-09-18-A. The Real Property law
provides regulations and procedures for the transfer, control and management of all Tribal land. [6
O.C. 601.1-1].
B. Request for Amendments. The Real Property law was added to the AFL in January 2020 by request
of the Oneida Law Office to emergency amend the delegation of rulemaking authority given Oneida
Land Commission, Land Management & Comprehensive Housing Division. The amendments added
a provision that delegates rulemaking authority to these agencies as needed to exercise their authority
and manage the responsibilities bestowed upon them by law. The basis for the emergency was to give
Comprehensive Housing Division, Oneida Land Commission & Land Management authority to
develop rules under the law regarding land acquisitions. Rulemaking authority was sought to address
such acquisitions due to the transparency and oversight that the process of the Administrative
Rulemaking law provides.
Emergency amendments to the law were sought to preserve the general welfare of the Reservation
population as the amendments ensure that the homeownership and land acquisition strategies related
to the Nation’s HIP and THRIFTT programs were not jeopardized by allowing immediate updates to
the program processing and required component that authorizes land acquisitions. Emergency
amendments were adopted by the OBC through resolution BC-01-22-20-B. The amendments were set
to expire on July 22, 2020. On July 22, 2020, the OBC adopted resolution BC-07-22-20-A, extending
the emergency amendments to the Real Property law for an additional six (6) month timeframe – to
expire on January 22, 2021.
SECTION 3. CONSULTATION AND OUTREACH
▪
Representatives from the following departments or entities participated in the development of the
amendments to this Law and legislative analysis:
▪ Comprehensive Housing Division (CHD);
▪ Oneida Law Office;
▪ Land Management; and
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Analysis to Draft 1
2025 10 01
•
▪ General Manager.
The following laws of the Nation were reviewed in the drafting of this analysis:
▪ Eviction and Termination;
▪ Public Use of Tribal Land;
▪ Leasing law;
▪ Administrative Rulemaking law;
▪ Mortgage and Foreclosure;
▪ Building Code;
▪ Zoning and Shoreline Protection Ordinance;
▪ Judiciary law; and
▪ Oneida Judiciary Rules of Civil Procedure.
SECTION 4. PROCESS
A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.
▪ On October 4, 2023, the Legislative Operating Committee added this Law to its Active Files
List for amendments.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this law:
▪ November 13, 2023: LOC work session with Land Management, Comprehensive Housing
Division, Onieda Law Office, and General Manager.
▪ February 13, 2024: LOC work session with Land Management, Comprehensive Housing
Division, and Onieda Law Office.
▪ March 3, 2024: LOC work session with Land Management, Comprehensive Housing Division,
Onieda Law Office, and General Manager.
▪ March 28, 2024: LOC work session with Land Management, Comprehensive Housing
Division, and Onieda Law Office.
▪ April 16, 2024: LOC work session with Land Management, Comprehensive Housing
Division, Onieda Law Office, and General Manager.
▪ June 11, 2024: LOC work session with Land Management, Comprehensive Housing Division,
Onieda Law Office, and General Manager.
▪ July 2, 2024: LOC work session with Land Management, Comprehensive Housing Division,
Onieda Law Office, and General Manager.
▪ July 25, 2024: LOC work session with Land Management, Comprehensive Housing Division,
Onieda Law Office, and General Manager.
▪ December 10, 2024: LOC work session.
▪ December 18, 2024: LOC work session.
▪ January 28, 2025: LOC work session.
▪ June 6, 2025: LOC work session with Land Management, Comprehensive Housing Division,
Onieda Law Office, and General Manager.
▪ August 5, 2025: LOC work session with Land Management, Comprehensive Housing
Division, and Onieda Law Office.
▪ August 21, 2025: LOC work session with Land Management, Comprehensive Housing
Division, and Onieda Law Office.
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Analysis to Draft 1
2025 10 01
▪
August 28, 2025: LOC work session with Land Management, Comprehensive Housing
Division, Onieda Law Office, and General Manager.
SECTION 5. CONTENTS OF THE LEGISLATION
▪
▪
Definitions. The proposed amendments to the Law remove definitions for terms that are no longer
used in the law, including the following: Broker [6 O.C. 601.3-1(a)], Estate [6 O.C. 601.3-1(e)],
Fiduciary [6 O.C. 601.3-1(f)], Guardian Ad Litem [6 O.C. 601.3-1(g)], Personal Representative [6
O.C. 601.3-1(o)], and Probate [6 O.C. 601.3-1(p)]. Definitions are added for the following terms:
Deed [6 O.C. 601.3-1(c)], Senior Management [6 O.C. 601.3-1(q)], and Title Report [6 O.C. 601.31(a)]. Definitions are amended for the following terms: Easement [6 O.C. 601.3-1(d)], Individual
trust land [6 O.C. 601.3-1(f)], Land Management [6 O.C. 601.3-1(i)], Land use license [6 O.C.
601.3-1(j)], Restricted fee status or Restricted fee [6 O.C. 601.3-1(o)], Rule [6 O.C. 601.3-1(p)],
and Title status report [6 O.C. 601.3-1(s)].
▪ Effect. Updating the definitions to incorporate new terms, remove obsolete ones, and revise
existing terms to reflect current practices enhances clarity and precision within the Law.
These updates reduce ambiguity by clearly specifying the meaning of each term in context,
thereby minimizing the risk of misinterpretation and legal disputes, and improving
accessibility for all readers.
Sale of Tribal land. The proposed amendments to the Law significantly refine the Nation’s policy
on the sale of Tribal land. While the Nation previously maintained a broad prohibition on such
sales, the amendments now limit that restriction to parcels located within twenty-five (25) miles of
the Reservation’s exterior boundaries. This change empowers the Nation to engage in strategic land
divestment, when necessary, while preserving protections for land closest to the Reservation. The
amendments also establish a clear process and defined circumstances under which exceptions to
the general prohibition may be granted. Specifically, transactions may proceed in cases involving
the consolidation or partition of Tribal trust land and/or individual trust land, or the sale of land
located off the Reservation but within the twenty-five-mile radius, provided the transaction receives
formal approval by resolution of the Oneida Business Committee. These provisions enhance the
Nation’s flexibility in managing its land holdings while maintaining appropriate oversight and
alignment with long-term land use priorities
▪ Effect. The proposed amendment expands the Nation’s authority to sell Tribal land located
beyond the 25-mile radius of the Reservation’s exterior boundaries. It also establishes a
formal process for divesting land situated off-Reservation but within the 25-mile radius,
contingent upon approval by the Oneida Business Committee. These changes enhance the
Nation’s capacity for strategic land management by enabling the divestiture of parcels that
are no longer beneficial to Tribal interests or present administrative challenges. This
provision balances preservation with flexibility. It maintains strong protections for land
near the Reservation while allowing for controlled, purposeful transactions elsewhere. It
also reinforces governance accountability through required approvals
Remove Probate. The proposed amendments to the Law remove the provisions of the Law
regarding probate. [6 O.C. 601.8]. Removing probate provisions from the Real Property law and
consolidating them into a comprehensive probate law enhances legal clarity, administrative
efficiency, jurisdictional integrity, and legislative flexibility. It reflects the Nation’s maturing legal
framework that treats probate as a distinct and complex area deserving its own governance
I
▪
I
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▪
structure. Additionally, a standalone probate law can be amended independently of the Real
Property law, allowing the Nation to respond more nimbly to changes in federal trust regulations,
estate planning practices, or community needs.
▪ Effect. The proposed amendment to the Law allows the Nation to develop a comprehensive and
independent body of probate regulations, better aligning with the Nation’s values as well as
external legal systems—a critical consideration when addressing trust land, federal oversight,
and interjurisdictional estate matters. Establishing a standalone probate law will also streamline
judicial and administrative processes by removing probate-related provisions from the Real
Property law. This separation enables entities such as the Judiciary, Land Management, and
the Register of Deeds to handle probate matters more efficiently through procedures, forms,
and timelines specifically tailored to probate, which often differ significantly from those
governing real property and land transactions.
▪ Frequently Asked Questions (FAQ): Changes to the Real Property Law – Probate
▪ 1. Why is the probate section being removed from the Real Property Law?
▪ The Nation is developing a standalone Probate Law to better address probate matters in a
comprehensive and dedicated manner. Removing the probate section from the Real
Property Law is part of this transition.
▪ 2. Is the new Probate Law already in effect?
▪ No, the standalone Probate Law is still in development and has not yet been adopted.
Until it is officially enacted, the existing probate provisions in the Real Property Law will
remain in effect.
▪ 3. What does this mean for current probate cases?
▪ Current probate cases will continue to be governed by the existing probate provisions in
the Real Property Law. There will be no disruption in how probate matters are handled
during the transition.
▪ 4. How will the Real Property Law amendments address this transition?
▪ The resolution adopting the amendments to the Real Property Law will include
a temporary provision that keeps the probate sections active until the new Probate Law is
adopted. This ensures continuity and legal clarity.
▪ 5. Will there be any changes to how probate is processed once the new law is adopted?
▪ Yes. Once the standalone Probate Law is adopted, it will replace the probate
provisions currently found in the Real Property Law. The new law is expected to
provide more detailed procedures and protections specific to probate matters.
▪ 6. Will community members be informed when the new Probate Law is adopted?
▪ Yes. The Nation will provide public notice once the new Probate Law is finalized and
adopted. This may include informational sessions, printed materials, and updates on the
Nation’s website.
Eliminate the Land Commission’s rulemaking authority. The proposed amendments to the Law
reflect a strategic shift in governance by transferring specific authority from the Land Commission to
the Land Management and the Comprehensive Housing Division (CHD). Over the years, the Land
Management and CHD have demonstrated institutional maturity, operational capacity, and subjectmatter expertise, positioning them to effectively manage responsibilities that were previously under the
Commission’s purview.
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This delegation is intended to streamline decision-making, reduce administrative redundancy, and
improve service delivery. Commissions are typically designed to provide oversight, policy guidance,
and community representation. While these functions remain vital, the day-to-day execution of complex
regulatory or administrative tasks is better suited to entities with dedicated staff, established procedures,
and direct accountability mechanisms.
By empowering Land Management and CHD, the Nation aligns its governance structure with best
practices that prioritize efficiency, specialization, and responsiveness. Land Management and CHD’s
ability to implement policies, manage resources, and enforce standards in real time ensures that
decisions are made with both technical precision and operational agility.
Importantly, this shift does not diminish the role of the Land Commission. Rather, it clarifies the
division of responsibilities—allowing the Land Commission to focus on strategic oversight and policy
development, while Land Management and CHD handle implementation. This balance strengthens
institutional integrity and supports the Nation’s long-term goals of effective, transparent, and
accountable governance.
This change reflects a natural evolution in governance, where authority is placed with the entity best
equipped to exercise it. It enhances operational effectiveness, strengthens accountability, and supports
the Nation’s long-term goal of building capable, responsive institutions.
▪ Effect. Rulemaking authority would be distributed as reflected in Table 1.
Table 1. Comparison: Rulemaking Authority in the Real Property law
Agency
CURRENT Rulemaking
PROPOSED Rulemaking
Authority under Real
Authority under Real Property
Property Law
Law
Comprehensive Housing
Rules regarding:
“selling a residential improvement”
Division
• Selling
a
Residential [6 O.C. 601.5-1].
Property [6 O.C. 601.121].
Oneida Land Management
Rules regarding:
“describe
the
process
and
procedure for approving agriculture
• Probate [6 O.C. 601.8-1].
• Easements for Landlocked and commercial leases” [6 O.C.
Properties [6 O.C. 601.7- 601.5-3(b)(1)].
“Create a fine and penalty schedule
3(e)].
• Easement and Land Use for violations of [the Real Property]
Licenses [6 O.C. 601.12- law” [6 O.C. 601.5-3(b)(2)].
“Any other rule needed to
3].
implement or interpret the
provisions of this law” [6 O.C.
601.5-3(b)(3)].
Oneida Land Commission
Rules regarding:
• Probate [6 O.C. 601.8-1].
• Selling
a
Residential
Property [6 O.C. 601.121].
• Easements for Landlocked
Properties [6 O.C. 601.73(e)].
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•
▪
▪
▪
▪
Easement and Land Use
Licenses [6 O.C. 601.123].
Trespass. The proposed amendments to the Law provide that a person commits trespass when they
enter or occupy Tribal land, or land owned by a Tribal member within the Reservation boundaries,
without proper authorization and either refuse to leave when requested, despite having no legal claim
or right to possession, or ignore notice that entry is prohibited. [6 O.C. 601.10-1]. Such notice may be
given publicly through the Nation’s website or newspaper or physically posted on the land using signs
or markings that meet specific requirements. [6 O.C. 601.10-1(b)]. Certain actions require proper
authorization through a lease, permit, or other legal means. [6 O.C. 601.10-1(c)].
▪ Effect. Trespass is clearly defined and broadened to include land owned by Tribal Members within
Reservation boundaries, reducing legal ambiguity. Enforcement mechanisms are strengthened,
ensuring the protection of Tribal lands and resources.
Enforcement. The proposed amendments to the Law provide that officers of the Oneida Police
Department or designated wardens may require individuals to show proof of eligibility to access or use
designated Tribal lands. [6 O.C. 601.13-1]. If a person violates any provision of the law, they may be
issued a citation, with each day of continued violation considered a separate offense. [6 O.C. 601.132]. Citations may include fines, penalties, or conditional orders as determined by the Trial Court and
must follow the Nation’s established citation procedures. [6 O.C. 601.13-2(a)]. If a person fails to
comply with an order, enforcement actions may be taken by law enforcement at the violator’s expense.
[6 O.C. 601.13-2(c)]. Additionally, the Oneida Police Department is authorized to take any lawful and
necessary action to prevent, mitigate, or remove violations of the law. [6 O.C. 601.13-2(d)].
▪ Effect. The proposed amendments to the Law empower the Oneida Police Department and
designated wardens to actively monitor and regulate access to Tribal lands. Clear procedures are
established for issuing citations and penalties for violations, with each day of noncompliance
treated as a separate offense. This framework strengthens accountability, ensures consistent
enforcement, and protects Tribal property and land use rights.
Increase Land Management real estate acquisition employee allocation. The proposed amendments
to the Law increase the minimum number of Land Management employees primarily responsible for
real estate acquisitions from one (1) to two (2), contingent upon budgetary resources. [6 O.C. 601.121(b)].
▪ Effect. Increasing the minimum number of Land Management employees primarily responsible
for real estate acquisitions from one to two—contingent upon budgetary resources—can
significantly enhance the Nation’s ability to achieve the critical goal of reacquiring property
within the original Reservation boundaries. With additional staffing, the department can more
effectively identify, evaluate, and pursue acquisition opportunities, respond to time-sensitive
transactions, and manage complex negotiations. This expansion also allows for greater strategic
planning and community engagement, ultimately accelerating the pace of reacquisition and
strengthening Tribal sovereignty over ancestral lands.
Other amendments. Overall, a variety of other amendments and revisions were made to the Law to
address formatting, drafting style, and organization that did not affect the substance of the Law.
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SECTION 6. EXISTING LEGISLATION
A. Related legislation. The following laws of the Nation are related to the proposed amendments to this
Law:
▪ Eviction and Termination Law. The purpose of the Eviction and Termination Law is to provide
consistent procedures for terminating contracts and evicting occupants under the Nation’s rental
and/or leasing programs that include due process and protects for all parties involved. [6 O.C.
610.1-1]. The law’s underlying policy is to “provide fair termination and eviction processes that
preserves the peace, harmony, safety, health, general welfare and the Nation’s resources.” [6 O.C.
610.1-2].
▪ According to the Real Property Law the Comprehensive Housing Division oversees all
residential transactions within the Reservation and shall administer such transactions using
the applicable laws of the Nation including the applicable sections of the Landlord Tenant
law, the Mortgage and Foreclosure law, the Leasing law and/or the Eviction and
Termination law. [6 O.C. 601.5-1].
▪ Under the Real Property law, and in alignment with the Leasing law, the Division of Land
Management is responsible for administering all agricultural leases on Tribal land, while
the Comprehensive Housing Division oversees all residential leases. Although the Leasing
law’s definition of Tribal land excludes Tribal fee land, the Real Property law mandates
that all Tribal land—regardless of ownership status—be administered in accordance with
the Leasing law and the Eviction and Termination law. [6 O.C. 601.9-1].
▪ Leasing Law. The purpose of the Leasing Law is to set forth the Nation’s authority to issue, review,
approve, as well as enforce, leases and was established in accordance with the Helping Expedite
and Advance Responsible Tribal Home Ownership Act of 2021 (HEARTH Act) so that the Nation
can approve leases on its land without having to obtain additional approval from the Secretary of the
Interior. [6 O.C. 602.1- 1]. The policy behind the law is to codify the expectations and
responsibilities of the lessor and lessee when leasing Tribal land and to ensure that the leasing of
Tribal land results in minimal risk to the Nation. [6 O.C. 602.1-2].
▪ According to the Leasing Law leases approved under the Law are subject to all of the
Nation’s laws, except to the extent those laws are inconsistent with applicable federal law.
[6 O.C. 602.4-3].
▪ According to the Real Property Law the Comprehensive Housing Division oversees all
residential transactions within the Reservation and shall administer such transactions using
the applicable laws of the Nation including the applicable sections of the Landlord Tenant
law, the Mortgage and Foreclosure law, the Leasing law and/or the Eviction and
Termination law. [6 O.C. 601.5-1].
▪ Under the Real Property law, and in alignment with the Leasing law, the Division of Land
Management is responsible for administering all agricultural leases on Tribal land, while
the Comprehensive Housing Division oversees all residential leases. Although the Leasing
law’s definition of Tribal land excludes Tribal fee land, the Real Property law mandates
that all Tribal land—regardless of ownership status—be administered in accordance with
the Leasing law and the Eviction and Termination law. [6 O.C. 601.9-1].
▪ Citation Law. The Citations law provides a process that governs all citations that fall under the
jurisdiction of the Oneida Nation. [8 O.C. 807.1-1]. It is the policy of the Nation to provide a
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▪
▪
▪
▪
consistent process for handling citations of the Nation in order to ensure equal and fair treatment
to all persons who come before the Judiciary to have their citations resolved. [8 O.C. 807.1-2].
▪ The Real Property law provides that an individual who violates a provision of the law or
the corresponding rules may be subject to the issuance of citation by an officer of the
Oneida Police Department or designated warden in accordance with the Nation’s laws
and policies governing citations. [6 O.C. 601.13-2].
Landlord Tenant Law. The purpose of the Landlord Tenant law is to provide 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.
▪ According to the Real Property Law the Comprehensive Housing Division oversees all
residential transactions within the Reservation and shall administer such transactions using
the applicable laws of the Nation including the applicable sections of the Landlord Tenant
law, the Mortgage and Foreclosure law, the Leasing law and/or the Eviction and
Termination law. [6 O.C. 601.5-1].
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 Land Management and the Comprehensive
Housing Division. [6 O.C. 601.5].
▪ Any rules promulgated by the Comprehensive Housing Division or Land Management
are required to be developed in accordance with the process and procedures of the
Administrative Rulemaking law. [6 O.C. 601.3-1(o)].
Mortgage and Foreclosure Law. The purpose of the Mortgage and Foreclosure law is to set the
standards and requirements for participation in the mortgage programs and to prescribe the
foreclosure process required to be used in the event of a default of a mortgage. [6 O.C. 612.1-1].
It is the policy of this law to administer mortgage programs aimed at maintaining and improving the
standard of living for Tribal members, while protecting the Nation’s assets and expanding the Tribal
land base. [6 O.C. 612.1-2].
▪ The Real Property law provides that an involuntary transfer of real property may occur by
foreclosure, subject to the Mortgage and Foreclosure law when a Tribal member ceases
payment on a mortgage. [6 O.C. 601.8-3(b)].
▪ According to the Real Property Law the Comprehensive Housing Division oversees all
residential transactions within the Reservation and shall administer such transactions using
the applicable laws of the Nation including the applicable sections of the Landlord Tenant
law, the Mortgage and Foreclosure law, the Leasing law and/or the Eviction and
Termination law. [6 O.C. 601.5-1].
Public Use of Tribal Land Law. The purpose of the Public Use of Tribal Land law is to prevent
improper access, use, and trespass to Tribal lands. [6 O.C. 609.1-1]. It is the policy of the Nation
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to limit access to Tribal lands to protect and preserve the environment and natural resources
including forests, wildlife, air and waters, through appropriate uses of the land. [6 O.C. 609.1-2].
▪ The Public Use of Tribal Land law is being amended to remove provisions regarding
trespass, as the proposed amendments to the Real Property will now address trespass and
expand its application to cover Tribal member land within the Reservation boundaries. [6
O.C. 601.10-1].
SECTION 7. ENFORCEMENT AND ACCOUNTABILITY
A. The Real Property law delegates authority to Land Management to develop rules, pursuant to the
Administrative Rulemaking law, as well as citation fees and penalty schedules, for the implementation,
interpretation and/or enforcement of the law. [6 O.C. 601.5-3(d)].
B. The Real Property law delegates authority to the Comprehensive Housing Division to develop rules,
pursuant to the Administrative Rulemaking law to provide process requirements, including but not
limited to advertising, notice, prequalification, and selection, that apply in all circumstances when the
Nation is selling a residential improvement. [6 O.C. 601.5-1].
C. The Real Property law provides that an officer of the Oneida Police Department or a designated warden
may require any person to provide proof of eligibility to access or use any designated Tribal lands. [6
O.C. 601.13-1]. An individual who violates a provision of this law may be issued a citation by an officer
of the Oneida Police Department or a designated warden. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues. [6 O.C. 601.5-2].
▪ A citation issued under this law, or pursuant to any order authorized by this law, may
include fines, other penalties, and conditional orders as determined by the Trial Court. [6
O.C. 601.5-2(a)].
▪ All citations shall be processed in accordance with the Nation’s laws, rules, and policies
governing citation procedures. [6 O.C. 601.5-2(b)].
▪ Any order that is not complied with may be enforced by an officer of the Oneida Police
Department or a designated warden. Enforcement actions may be taken at the expense of
the owner. [6 O.C. 601.5-2(c)].
▪ The Oneida Police Department is authorized to take any lawful and necessary action to
prevent, mitigate, or remove violations of this Law. [6 O.C. 601.5-2(d)].
SECTION 8. OTHER CONSIDERATIONS
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 BC-1028-20-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.
Probate. The Legislative Operating Committee is working to improve how probate matters are handled
by developing a dedicated Probate Law. As part of this effort, the probate section currently found in the
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Real Property Law is planned to be removed. However, the new standalone Probate Law has not yet been
officially adopted.
▪ Conclusion. The resolution to amend the Real Property Law will include a provision that keeps
the existing probate sections in effect temporarily. This ensures that there is no gap in legal
coverage and that probate matters can continue to be addressed until the new law is in place.
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Title 6. Property and Land – Chapter 601
REAL PROPERTY
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
The real/certain laws of the territory of the nation
REAL PROPERTY
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
601.7.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Holding of Ownership Organization
Legal DescriptionsHolding of Ownership
Legal Descriptions
601.78. Title TransferTitle Transfer
601.89. ProbateLeasing of Real Property
601.910. Leasing of Real PropertyTrespass
601.10.11.
Records
601.121.
Real Estate Education Requirements and
Certifications
601.1213.
OrganizationEnforcement
601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of the territory within the Reservation and all Tribal land; and
to integrate these regulations and procedures with the real property laws and practices of other
federal and state sovereigns which may hold concurrent jurisdiction. within the Reservation.; and
to establish licensing and certification requirements for the Nation’s employees dealing with real
property transactions.
601.1-2. Policy. 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.
In addition, it is the Nation’s policy that probated estates shall be settled expeditiously and without
undue delay.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A, and BC-05-09-18-A and BC-xx-xx-xx-x.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control. Provided that, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
(a) “Broker” means a person who acts as an agent and negotiates the sale, purchase or
rental of real property on behalf of others for a fee.
6 O.C. 601 – Page 1
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(ab) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
(bc) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, residential
leasing, the rent-to-own program, and the residential sales and mortgages programs.
(c) “Deed” means the formal document used to transfer title from one (1) party to another.
(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose and duration with just compensation.
(e) “Estate” means a person’s interest in real property or other property.
(f) “Fiduciary” means a person required to act for the benefit of another person on all
matters within the scope of their relationship and by such a relationship owes another duties
of good faith, trust, confidence and candor. For the purposes of this law, both brokers and
salespersons are “fiduciaries.”
(g) “Guardian ad litem” means a guardian appointed by the Judiciary on behalf of an
incompetent or minor party.
(eh) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(fi) “Individual trust land” means individual Tribal land real property held in trust status
by the United States of America for the benefit of a Tribal member of a federally recognized
Indian tribe.
wherein w and
(gj) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(hk) “Land Management” means the entity within the Nation responsible for maintaining
the Oneida Nation Register of Deeds, entering into and administering agricultural and
commercial leases on behalf of the Nation, processing trust transactions and land
acquisition transactions, and for fulfilling other responsibilities as identified within this
law. Is the custodian of land records manages that is the caretaker and manager of the
Nation’s agricultural,land’s commercial and leasing portfolios , responsible for entering
into leases and performs all land acquisitions on behalf of the Nation. Land Management
reports to the Division Director of the Environmental, Land and Agricultural Division.
(il) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of Tribal land for a specific purpose and
a temporaryspecific duration, which may require the Nation to be compensated for such
use.
(jm) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(kn) “Nation” means the Oneida Nation.
(o) “Personal representative” means a person to whom authority to administer a decedent’s
estate have been granted by Land Management or the Judiciary.
(p) “Probate” or “Administration” means any proceeding relating to a decedent’s estate,
whether there is or is not a will.
(lq) “Real property” means land and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
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(mr) “Reservation” means all the property within the exterior boundaries of the
Reservation of the Oneida Nation, as created pursuant to the 1838, Treaty with the Oneida,
7 Stat., 566, and any lands added thereto pursuant to federal law.
(ns) “Restricted fee status” or “Restricted fee” means an interest in real property which
includes a provision in the deed or will that, upon the happening or failure to happen of a
certain event, the title of the purchaser or devisee shall be limited, enlarged, changed or
terminated. title to the land is held by an individual Indian person or a tribe and can only
be alienated or encumbered by the owner with the approval of the Secretary of the Interior
because of limitations imposed under federal law.
(ot)
“Rule” means a set of requirements, including fee schedules, enacted by the
Comprehensive Housing Division, Land Management, Oneida Planning Department
and/or the Oneida Land Commission Tribal entities in accordance with this law and the
Administrative Rulemaking law, based on authority delegated in this law in order to
implement, interpret and/or enforce this law.
(p) “Senior management” means the highest level positions employed by the Nation in the
non-enterprise chain of command under the Oneida Business Committee.
(qu) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(rv)“Title status report” means a report issued by the Bureau of Indian Affairs after a title
examination of trust land which shows the proper legal description of a tract of Tribal land;
current ownership, including any applicable conditions, exceptions, restrictions or
encumbrances on records; and whether the land is in unrestricted, restricted, trust, or other
status generated in TAAMS. as indicated by the records in a Land Titles and Records
Office.
(s) “Title report” means a report issued after a title examination of the Nation’s and
applicable counties land records which shows the proper legal description and includes any
applicable conditions, exceptions, restrictions or encumbrances.
(tw) “Tribal fee land” means land held in fee status by the Nation.
(ux) “Tribal land” means Tribal fee land and/or Tribal trust land.
(vy) “Tribal member” means an individual who is an enrolled member of the Nation.
(wz) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and individual trust land within the Reservation boundaries and all Tribal land.
601.4-2. Tribal Land Base. Land Management shall administer all transactions which add real
property to the Tribal land base under the provisions of this law.
601.4-23. Sale of Tribal Land Prohibited. The sale of Tribal land located within twenty-five (25)
miles of the exterior boundaries of the Reservation is specifically expressly prohibited, by this law,
unless the intent of except under the following circumstances:
(a) Tthe transaction is intended tothe consolidateion or partition of Tribal trust land and/or
individual trust land.
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(b) The land is located off the Reservation but within twenty-five (25) miles of the exterior
boundaries of the Reservation, and the sale is approved by formal resolution of the Oneida
Business Committee.
601.4-34.
New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-5. Wisconsin Probate Code and its Related Chapters. In instances where the Nation lacks
definition, procedure, or legal precedent in a probate matter, the Nation shall use Wisconsin’s
Probate Code and its related chapters for guidance.
601.4-56. Wisconsin Real Property Law. The Nation shall follow all applicable portions of the
Wisconsin Real Property law when acquiring individual fee land.
601.4-47. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Organization
601.5-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions on Tribal Land within the Reservation and shall process and administer
such transactions using the applicable sections of the Landlord-Tenant law, the Mortgage and
Foreclosure law, the Leasing law and/or the Eviction and Termination law; including any
corresponding rules. In addition, the Oneida Land Commission and the Comprehensive Housing
Division shall exercise joint rulemaking authority to provide process requirements, including but
not limited to advertising, notice, prequalification, and selection, that apply in all circumstances
when the Nation is selling a residential property improvement.
601.5-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy as needed to guide Land
Management in implementing the same;
(b) Approve or deny all easements and land use licenses;
(a) approve or deny all acquisition of Tribal land provided that the Land Commission may
delegate acquisition sign-off authority to the Environmental, Land and Agricultural
Division Director pursuant to Land Commission resolution; and
(b) name all buildings, roads, parks and the like on Tribal land.
(c) Review and adopt Land Management’s standard operating procedures for entering into
agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
Oneida Planning Department shall develop in collaboration with affected Oneida divisions
and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.512-3. Land Management. Land Management shall implement this law in accordance with
the policy directives provided by the Oneida Business Committee and senior management Oneida
Land Commission. Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land Commission
based on the easement and land use license rules jointly developed by Land Management
and the Oneida Land Commission;
(a) Interpret the provisions of this law and create policy as needed;
(b) Exercise rulemaking authority pursuant to the Administrative Rulemaking Law to:
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(1) Clearly describe the process and procedure for approving agriculture and
commercial leases.
(2) Create a fine and penalty schedule for violations of this law and its
corresponding rules; and
(3) Any other rule needed to implement or interpret the provisions of this law.
(4) Provided that, such rules shall be approved by senior management prior to their
submission to the Legislative Operating Committee pursuant to the Administrative
Rulemaking Law.
(cb) Administer and oversee the Oneida Nation Register of Deeds and any other trust title
responsibilities;
(dc) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(ed) Prepare title reports and process trust transactions; and
(fe) Process land acquisition transactions as approved by the Oneida Land Commission.
(g) Manage the Tribal land portfolio and act as the caretaker of all unassigned lands.
(h) Process requests for easements and land use licenses.
(i) Administer all internal building and land assignments to internal entities of the Nation
as approved by senior managementthe Oneida Land Commission.;
(j) Administer all transactions which add real property to the Tribal land base under the
provisions of this law.;
Prepare and disseminate information related to probate administration to the community;
(k) Prepare and maintain title reports and accurate land records.
(l) Perform real estate services for individual trust landowners in accordance with the selfgovernance compact to include collection and submittal of required documents for the
Bureau of Indian Affairs to review and approve easements, conveyances and other real
estate transactions.;
(m) Process compile and submit the Nation’s fee to trust applications in accordance with
the priorities approved by senior management the Oneida Land Commission.
(n) Determine which Tribal land will be posted and ensure the appropriate signs are posted.
601.65. Holding of Ownership
601.65-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies,
theirhis/her share is divided among the remaining owners; the last living owner owns the
entire property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, theirhis/her interest
is divided among theirhis/her devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
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601.76. Legal Descriptions
601.76-1. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.7-2 The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey changes
the legal description of the certified survey map for the same piece of property, the certified survey
map’s legal description shall be used on transfer documents along with the survey description,
which shall be designated as “Also Known As ...” Section, township, range and fourth principal
meridian shall be included in all legal descriptions.
601.76-32.
Every land survey shall be made in accordance with the Oneida Nation Register of
Deeds’ recording standards for Tribal trust or restricted fee lands and individual trust lands ,with
the county register of deeds’ records for fee land, and in accordance with the Bureau of Indian
Affairs Land Titles and Records Office recording standards. Oneida Nation Register of Deeds’
records for Tribal trust lands and individual trust lands. The surveyor shall acquire data necessary
to retrace record title boundaries such as deeds, maps, certificates of title, title status reports, Tribal
leases, Tribal home purchase agreements, center line and other boundary line locations.
601.6-3. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.76-4.
All surveys prepared for the Nation shall comply with survey requirements outlined
in the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.76-5. Legal descriptions shall be used on transfer documents formalizing all acquisitions of
land, purchase, real estate sale, lease, foreclosure, probate transfer, trust or restricted fee
acquisitions. and Tribal resolutions.
601.6-6. When real estate is listed, noticed and/or advertised as available for sale, rent or lease to
Tribal members, the address is an adequate legal description of the real property.
601.87. Title Transfer
601.87-1.
Trust Acquisition. Land Management shall use title companies duly registered
with the Department of Interior and approved by the Land Management to update abstracts or
provide title insurance on real property scheduled for trust or restricted fee acquisition.
(a) (a) Title companies shall follow general guidelines provided by the federal government
in terms of form, content, period of search, destroyed or lost records and abstracter’s
certificate.Land Management applications to convert Tribal fee land into trust land or
restricted fee land shall comply with all applicable federal requirements.
(b) When researching land title for real property within the Reservation which is being
considered for trust acquisition, Land Management shall request the title company to search
the title back to the original allottee, in order to ensure that patents or Indian deeds were
legally issued.
(c) Any valid liens or encumbrances shown by the commitment for title insurance shall be
eliminated before the title is transferred into trust.
(d) After land is in trust or restricted fee status Land Management shall request a both a
title search of county records and a title status report and title report requested by Land
Management from the Bureau of Indian Affairs shall verify all valid encumbrances, if any,
on the title. For the purposes of this section, a valid encumbrance is one that has been
preapproved, in writing, by the Nation in accordance with applicable requirements. Land
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Management based on a standard operating procedure that is effective upon approval by
the Oneida Land Commission.
(e) Land Management applications to convert Tribal fee land into Tribal trust land require
an Oneida Land Commission resolution approving the conversion. Land management shall
comply with all applicable requirements for converting fee land to trust land.
601.87-2. Deeds. A deed is the formal document used by the Land Management to transfer title
from one (1) party to another. Valid deeds shall:
(a) A valid deed shall Fee Deeds:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) Trust Deeds and/or Restricted fee Deeds. In addition to the requirements listed in
section 601.7-2(a), a deed prepared for trust or restricted fee acquisition shall include:
comply with all applicable federal laws and guidelines.
(1) The federal authority for trust acquisition;
(2) Any exceptions or exclusions from the State of Wisconsin’s fees or other
transfer requirements;
(3) The approximate acreage of the real property being transferred to trust; and
(4) The authority and signature of the appropriate Department of Interior official
who accepts the real property into trust.
(c) Requirement to record. A deed transferring fee simple title shall be recorded in the
appropriate register of deeds office, provided that, once the real property is in trust, the title
shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian
Affairs Land Titles and Records Office.provided that any trust or restricted fee deeds shall
comply with any additional federal recording requirements.
601.87-3. Involuntary Transfer of Title. All involuntary transfers of title require a hearing and
order from the Judiciary, and may occur in the following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain shall be limited to a right of last resort.
Parties contesting authority or consideration as related to the Nation’s exercise of
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eminent domain may contest the acquisition by filing a complaint with the Oneida
Judiciary and may be appealed to the Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a leasehold mortgage.
(c) Tribal Land Consolidation. The Nation may acquire land in compliance with Section
207 of the Indian Land Consolidation Act. (Pub.L. No. 97-459, 96 Stat. 2515, and amended
on October 30, 1984 by Pub.L. No. 98-608, 98 Stat. 3171) is incorporated into this law,
which provides a mechanism for real property within the Reservation to escheat, or pass,
to the Nation.
(1) Pursuant to section 207 of the Indian Land Consolidation Act, an ownership
interest in real property escheats, or passes, to the Nation under the following
circumstances, provided that the Nation shall provide just compensation for the
interest:
(A) The real property is within the Reservation boundaries;
(B) The decedent’s ownership in the given parcel of land is two percent
(2%) or less of the total acreage; and
(C) The interest is incapable of earning one hundred dollars ($100) in any
one (1) of the five (5) years immediately following the decedent’s death.
(2) A decedent’s heirs may appeal a land consolidation under this section to the
Judiciary.
(3) Land consolidation is subject to the probate requirements, as included in this
law and accompanying rules.
(d) Transferring Interests Inherited by Non-Tribal Members. If the owner of an interest of
real property which is held in trust or restricted fee status located within the Reservation
devises such interest to a non-Tribal member, the Nation may acquire the interest by paying
the fair market value of the interest determined as of the date of the decedent’s death. Such
transfer is effective upon receipt of an order transferring inherited interests from the
Judiciary pursuant to section 205 of the Indian Land Consolidation Act.
(1) An order transferring inherited interests may not be granted if:
(A) While the decedent’s estate is pending, the non-Indian devisee
denounces his or her interest in favor of a Tribal member person;
(B) The interest is part of a family farm that is devised to a member of the
immediate family of the decedent, provided that such a restriction shall be
recorded as part of the deed relating to the interest involved; or
(C) The devisee agrees in writing that the Nation may acquire the interest
for fair market value only if the interest is offered for sale to a person or
entity that is not a member of the immediate family of the owner of the
interest.
(ed)Easements for Landlocked PropertiesEasement by Necessity. Land Management and
the Oneida Land Commission shall jointly develop rules regarding requests for easements
for landlocked propertiesAn owner of a landlocked parcel may seek nondiscretionary
easement by filing a complaint with the Oneida Judiciary alleging a nondiscretionary
easement is needed as against the named property owner by the filing party because the
filing party has no other reasonable means to access their real estate but for the issuance of
an easement by necessity granted by the Court. An easement by necessity is created when
a grantor conveys lands that have no outlet to a public road except over the grantor's
remaining lands. The easement by necessity arises in favor of a property owner if the owner
can prove common ownership of the proposed servient and dominant estates at the time of
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the severance that created the landlocked condition that the landlocked parcel had no access
to a public roadway after it was severed, and such lack of access continues. In such a case,
an easement by necessity is created over the grantor's remaining lands to allow the grantee
access to the public road. Common ownership of the benefited and burdened parcels before
the conveyance occurred is a necessary precondition for establishing a way of necessity.
Easements by necessity may be created even if separation of two parcels under common
ownership results from an involuntary transfer, such as a tax sale.
(e) Prescriptive Easement. A prescriptive easement is an easement acquired through open
and notorious use of an owner’s land which is adverse to the owner’s rights for a continuous
and uninterrupted period of twenty (20) years. An action to establish a prescriptive
easement granting the right to continue to use the property in that manner may be
commenced by filing a complaint with the Oneida Judiciary.
(f) Easement by Written Instrument. An action for the recovery or possession of real estate
and a defense or counterclaim based upon title to real estate are barred by uninterrupted
adverse possession of seven (7) years.
(g) Adverse Possession Prohibited. Adverse possession can never be used against the
Nation.
601.87-4. Land Management shall work with the Oneida Law Office in order to pursue an
involuntary transfer of title on behalf of the Nation.
601.8.
Probate
601.8-1. Land Management shall process and administer probate estates and, where necessary,
shall refer probate estates to the Oneida Judiciary for formal administration. Land Management
and the Oneida Land Commission shall jointly create any rules necessary to administer probate
estates. Land Management shall:
(a) Process applications for probate administration;
(b) Receive proof of heirship demonstrating a party is entitled to receive an intestate
decedent’s property pursuant to applicable laws and rules;
(c) Receive consent to serve forms and in undisputed matters, issue domiciliary letters;
(d) Require and receive affidavits of service;
(e) Receive waiver and consent to probate administration forms and any related affidavits;
(f) Issue notice to creditors of the probate’s administration, receive creditor claims for
consideration and settlement, and issue discharge of creditors when appropriate;
(g) Receive and process all estate inventories;
(h) Receive and process, when possible, land transactions in accordance with this law and
receive proof of recording documents;
(i) Receive estate receipts;
(j) In undisputed matters, receive and process statement of personal representative to close
estate and issue discharge of personal representative; and
(k) Refer disputed matters to the Judiciary, transfer probate and related documents, and
participate in the Judiciary’s proceedings as necessary.
601.8-2. The Judiciary shall hear and administer disputed probate estates or matters requiring
appointment of a guardian ad litem and shall have all the above powers conferred upon Land
Management in such cases. In addition, the Judiciary shall hear and administer probate estates in
which Land Management seeks appointment as a personal representative.
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601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of all Tribal
landboth Tribal fee land and Tribal trust land in accordance with the Leasing law, and the Eviction
and Termination law.
601.10.
Trespass
601.10-1. A person commits trespass if they enter or occupy Tribal land, or land owned by a
Tribal member located within the boundaries of the Reservation, without proper authorization and:
(a) Refuse to leave land to which they have no reasonable claim or right of possession
when requested to do so.
(b) After being notified by the landowner or lawful occupant that permission to enter has
been denied, revoked, or does not exist. Notification may be provided in the following
ways:
(1) Public notice through publication of the Land Access Map on the Nation’s website
and/or in the Nation’s newspaper.
(2) Physical posting of the land, which shall be deemed sufficient if one (1) of the
following conditions is met:
(i) A sign at least eleven inches (11”) square is placed in at least two (2)
conspicuous locations for every forty (40) acres of land. The sign must include
appropriate notice and the name of the person giving notice, followed by “owner”
if the person holds legal title, or “occupant” if the person is a lawful occupant
without legal title.
(2) Markings at least one foot (1’) long, in a contrasting color, bearing the phrase
“Private Land” and the name of the owner, are placed in at least two (2) conspicuous
locations for every forty (40) acres.
(c) Engage in any of the following activities without proper authorization through a lease,
permit, or as otherwise required under applicable law:
(1) Destroy or damage land, waters, livestock, poultry, buildings, equipment, or
other property.
(2) Cut, destroy, or remove any wood, timber, plant, vegetation, or crop.
(3) Hunt, trap or fish, or attempt to do so.
(4) Dig, extract, or remove earth, soil, minerals, cultural resources, or other
property.
(5) Post, paint, or affix notices, advertisements, signs, or other public
communications on another’s property.
(6) Parks or operate a vehicle on the land.
(7) Permit or allow livestock or any domestic animal to enter or remain on the land.
(8) Uses or occupies leased or subleased lands in a manner that exceeds the
possessory rights granted under the terms of the lease or sublease.
(9) Dumps, deposits, places, throws, burns, emits or leaves any rubbish, refuse,
debris, substances, or object on any highway, road, air, waterway or land without
lawful authority or permission.
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601.110. Records
601.110-1.
Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
601.110-2.
Types of Records. The Oneida Nation Register of Deeds may only accept
documents that provide evidence of activities affecting real property title, preserve the record of a
title document and give constructive notice of changes to a title document. Further, such
documents shall be originals, signed duplicates or certified copies. The following documents may
be accepted by the The Oneida Nation Register of Deeds may accept documents, including but not
limited to:
(a) Deeds;
(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases made pursuant to the Leasing law;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.110-3.
Accessibility. The Oneida Nation Register of Deeds shall provide open access to
land records and title documents subject to fees detailed in the fee schedule created by Land
Management and approved by the Land Commission.
601.110-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land
shall be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land
Titles and Records Office.
601.110-5.
Tribal Seal. The Nation’s Secretary shall provide Land Management with the
Nation’s seal to be used to authenticate documents which are certified by the Oneida Nation
Register of Deeds.
601.121. Real Estate Education Requirements and Certifications
601.121-1.
Wisconsin Real Estate Education and Exam Required. All Land Management
employeespersons engaging in the acquisition of Tribal fee land on behalf of the Nation,
specifically those performing real estate closings, shall pass the Wisconsin Real Estate License
Exam. Such persons are not required to obtain a Wisconsin Real Estate License, but shall fulfill
the pre-license education requirement, pass the licensing exam and fulfill a minimum of twelve
(12) hours or four (4) courses of continuing education requirements as required of Wisconsin real
estate licensees. The Oneida Law OfficeLand Management director shall select which continuing
education courses are required. and the Oneida Law Office shall provide the director with a
recommendation. In addition to Wisconsin’s minimum education requirements as applied to the
Nation’s real estate employees in this law, Land Management shall require such employees to
attend real estate training specific to the Nation’s goals and unique positions as the Oneida Law
Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal fee land on behalf of the Nation are regular
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employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall, subject to budgetary constraints,
employ at least minimum of one (1) two (2) employees whose primary responsibilityfocus
is real estate acquisitions and shall ensure that a minimum of two (2) one (1) employees
isare adequately educated and trained to serve as a backups to the primary personnel.
601.121-2.
TAAMS Certification Required. All persons responsible for encoding Tribal Trust
land information leasing information shall obtain a TAAMS certification., which includes, but is
not limited to, the following positions:
(a)
Residential and Commercial Leasing Specialists;
(b)
Land Title and Trust Manager; and
(c)
Title Examiner.
601.121-3.
Fiduciary Responsibility. All persons employees of the Nation engaged in the
buying or selling of Tribal land shall, at all times, act as a fiduciary to the Nation. Further, all such
persons shall comply with all applicable Tribal and federal laws.
601.12.
Organization
601.12-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions within the Reservation and shall process and administer such
transactions using the applicable of the Landlord-Tenant law, the Mortgage and Foreclosure law,
the Leasing law and/or the Eviction and Termination law; including any corresponding rules. In
addition, the Oneida Land Commission and the Comprehensive Housing Division shall exercise
joint rulemaking authority to provide process requirements, including but not limited to
advertising, notice, prequalification, and selection, that apply in all circumstances when the Nation
is selling a residential property.
601.12-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) Interpret the provisions of this law and create policy to guide Land Management in
implementing the same;
(b) Approve or deny all easements and land use licenses;
(c) Review and adopt Land Management’s standard operating procedures for entering
into agriculture and commercial leases pursuant to the Leasing law;
(d) Approve or deny all acquisition of Tribal land;
(e) Allocate and assign land uses to all Tribal land, except those uses governed by the
Public Use of Tribal Land law, based on the Land Use Technical Unit rules which the
Oneida Planning Department shall develop in collaboration with affected Oneida divisions
and departments and the Oneida Land Commission; and
(f) Name all buildings, roads, parks and the like on Tribal land.
601.12-3. Land Management. Land Management shall implement this law in accordance with the
policy directives provided by the Oneida Land Commission. Land Management shall:
(a) Forward requests for easements and land use licenses to the Oneida Land Commission
based on the easement and land use license rules jointly developed by Land Management
and the Oneida Land Commission;
(b) Administer and oversee the Oneida Nation Register of Deeds;
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(c) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(d) Prepare title reports and process trust transactions; and
(e) Process land acquisition transactions as approved by the Oneida Land Commission.
601.13. Enforcement
601.13-1. Proof of Eligibility. An officer of the Oneida Police Department or a designated warden
may require any person to provide proof of eligibility to access or use any designated Tribal lands.
601.13-2. Issuance of Citation. An individual who violates a provision of this law may be issued
a citation by an officer of the Oneida Police Department or a designated warden. A separate offense
shall be deemed committed on each day during or on which a violation occurs or continues.
(a) A citation issued under this law, or pursuant to any order authorized by this law, may include
fines, other penalties, and conditional orders as determined by the Trial Court.
(b) All citations shall be processed in accordance with the Nation’s laws, rules, and policies
governing citation procedures.
(c) Any order that is not complied with may be enforced by an officer of the Oneida Police
Department or a designated warden. Enforcement actions may be taken at the expense of the
owner.
(d) The Oneida Police Department is authorized to take any lawful and necessary action to prevent,
mitigate, or remove violations of this Law.
End.
Adopted-BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended-BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Emergency Amendment-BC-06-14-17-A
Amended-BC-05-09-18-A
Emergency Amended – BC-01-22-20-B
Extension of Emergency – BC-07-22-20-A (Expired)
6 O.C. 601 – Page 13
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Title 6. Property and Land – Chapter 601
Tok^ske Kayanl^hsla Tsi> Ni>yohuntsya=t#
The real/certain laws of the territory of the nation
REAL PROPERTY
601.1.
601.2.
601.3.
601.4.
601.5.
601.6.
601.7.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
General Provisions
Organization
Holding of Ownership
Legal Descriptions
601.8.
601.9.
601.10.
601.11.
601.12.
601.13.
Title Transfer
Leasing of Real Property
Trespass
Records
Real Estate Education Requirements and Certifications
Enforcement
601.1.
Purpose and Policy
601.1-1. Purpose. The purpose of this law is to provide regulations and procedures for the
transfer, control and management of all Tribal land; and to integrate these regulations and
procedures with the real property laws and practices of other federal and state sovereigns which
may hold concurrent jurisdiction.
601.1-2. Policy. It is the policy of the Nation to set out the responsibilities and expectations for
purchasing and managing real property on behalf of the Nation and to provide real property
holder’s rights and responsibilities.
601.2.
Adoption, Amendment, Repeal
601.2-1. This law was adopted by the Oneida Business Committee by resolution BC-5-29-96-A
and amended by resolutions BC-3-01-06-D, BC-04-28-10-E, BC-02-25-15-C, BC-05-13-15-B and
BC-02-08-17-A, BC-05-09-18-A and BC-xx-xx-xx-x.
601.2-2. This law may be amended or repealed by the Oneida Business Committee pursuant to
the procedures set out in the Legislative Procedures Act.
601.2-3. 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.
601.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control. Provided that, the Land Ordinance is applicable only to
valid land assignments existing as of January 1, 2016 and is hereby repealed upon the expiration
of the last existing land assignment.
601.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.
601.3.
Definitions
601.3-1. 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, subject to 601.4-5.
(a) “Certified survey map” means a map which provides the legal description of real
property and is officially filed and approved by the county, Tribal or municipal
governments.
(b) “Comprehensive Housing Division” means the division within the Nation under the
direction of the Comprehensive Housing Division Director which consists of all residential
services offered by the Nation, including but not limited to, all rental programs, residential
leasing, the rent-to-own program, and the residential sales and mortgages programs.
(c) “Deed” means the formal document used to transfer title from one (1) party to another.
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(d) “Easement” means a real property right to cross or otherwise utilize the land of another
for a specified purpose and duration with just compensation.
(e) “Individual fee land” means real property held in fee status by an individual or group
of individuals.
(f) “Individual trust land” means real property held in trust status by the United States of
America for the benefit of a member of a federally recognized Indian tribe.
(g) “Judiciary” means the judicial system that was established by Oneida General Tribal
Council resolution GTC-01-07-13-B to administer the judicial authorities and
responsibilities of the Nation.
(h) “Land Management” means the entity within the Nation that is the caretaker and
manager of the Nation’s agricultural, commercial and leasing portfolios and performs all
acquisitions on behalf of the Nation. Land Management reports to the Division Director of
the Environmental, Land and Agricultural Division.
(i) “Land use license” means an agreement entered into by the Nation providing a party
the right to occupy and/or utilize a specified piece of land for a specific purpose and a
temporary duration, which may require the Nation to be compensated for such use.
(j) “Leasehold mortgage” means a mortgage, deed of trust, or other instrument that
pledges a lessee’s leasehold interest as security for a debt or other obligation owed by the
lessee to a lender or other mortgagee.
(k) “Nation” means the Oneida Nation.
(l) “Real property” means land, and anything growing on, attached to, or erected on the
land, excluding anything that may be severed without injury to the land.
(m) “Reservation” means all the property within the exterior boundaries of the Reservation
of the Oneida Nation, as created pursuant to the 1838, Treaty with the Oneida, 7 Stat., 566,
and any lands added thereto pursuant to federal law.
(n) “Restricted fee status” or “Restricted fee” means title to the land is held by an individual
Indian person or a tribe and can only be alienated or encumbered by the owner with the
approval of the Secretary of the Interior because of limitations imposed under federal law.
(o) “Rule” means a set of requirements, including fee schedules, enacted by the Tribal
entities in accordance with this law and the Administrative Rulemaking law, based on
authority delegated in this law in order to implement, interpret and/or enforce this law.
(p) “Senior management” means the highest level positions employed by the Nation in the
non-enterprise chain of command under the Oneida Business Committee.
(q) “TAAMS” (Trust Asset and Accounting Management System) means the Bureau of
Indian Affairs system for maintaining and tracking land title documents and all legal
documents relating to land transactions.
(r) “Title status report” means a report issued after a title examination of trust land which
shows the proper legal description of a tract of Tribal land; current ownership, including
any applicable conditions, exceptions, restrictions or encumbrances on records; and
whether the land is in unrestricted, restricted, trust, or other status generated in TAAMS.
(s) “Title report” means a report issued after a title examination of the Nation’s and
applicable counties land records which shows the proper legal description and includes any
applicable conditions, exceptions, restrictions or encumbrances.
(t) “Tribal fee land” means land held in fee status by the Nation.
(u) “Tribal land” means Tribal fee land and/or Tribal trust land.
(v) “Tribal member” means an individual who is an enrolled member of the Nation.
(w) “Tribal trust land” means the surface estate of land or any interest therein held by the
United States in trust for the Nation; land held by the Nation subject to federal restrictions
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against alienation or encumbrance; land reserved for federal purposes; and/or land held by
the United States in trust for the Nation under Section 17 of the Indian Reorganization Act,
25 U.S.C §477, et. seq.
601.4.
General Provisions
601.4-1. Applicable Real Property. The provisions of this law extend to all Tribal member’s
individual fee land and individual trust land within the Reservation boundaries and all Tribal land.
601.4-2. Sale of Tribal Land Prohibited. The sale of Tribal land located within twenty-five (25)
miles of the exterior boundaries of the Reservation is expressly prohibited, except under the
following circumstances:
(a) The transaction is intended to consolidate or partition Tribal trust land and/or individual
trust land.
(b) The land is located off the Reservation but within twenty-five (25) miles of the exterior
boundaries of the Reservation, and the sale is approved by formal resolution of the Oneida
Business Committee.
601.4-3. New Land Assignments Prohibited. The Nation may not acknowledge any new land
assignments. Further, in order to be eligible for a Tribal loan issued against a real property interest
held as a land assignment, the land assignment shall first be converted to a residential lease.
601.4-4. No Waiver of Sovereign Immunity. Nothing in this law may be construed as a waiver of
the Nation’s sovereign immunity.
601.5.
Organization
601.5-1. Comprehensive Housing Division. The Comprehensive Housing Division shall oversee
all residential transactions on Tribal Land within the Reservation and shall process and administer
such transactions using the applicable sections of the Landlord-Tenant law, the Mortgage and
Foreclosure law, the Leasing law and/or the Eviction and Termination law; including any
corresponding rules. In addition, the Comprehensive Housing Division shall exercise rulemaking
authority to provide process requirements, including but not limited to advertising, notice,
prequalification, and selection, that apply in all circumstances when the Nation is selling a
residential improvement.
601.5-2. Oneida Land Commission. The Oneida Land Commission is comprised of seven (7)
elected Tribal members and shall:
(a) approve or deny all acquisition of Tribal land provided that the Land Commission may
delegate acquisition sign-off authority to the Environmental, Land and Agricultural
Division Director pursuant to Land Commission resolution; and
(b) name all buildings, roads, parks and the like on Tribal land.
601.5-3. Land Management. Land Management shall implement this law in accordance with the
policy directives provided by the Oneida Business Committee and senior management. Land
Management shall:
(a) Interpret the provisions of this law and create policy as needed;
(b) Exercise rulemaking authority pursuant to the Administrative Rulemaking Law to:
(1) Clearly describe the process and procedure for approving agriculture and
commercial leases.
(2) Create a fine and penalty schedule for violations of this law and its
corresponding rules; and
(3) Any other rule needed to implement or interpret the provisions of this law.
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(4) Provided that, such rules shall be approved by senior management prior to their
submission to the Legislative Operating Committee pursuant to the Administrative
Rulemaking Law.
(c) Administer and oversee the Oneida Nation Register of Deeds and any other trust title
responsibilities;
(d) Enter into and administer agricultural and commercial leases pursuant to the Leasing
law and the Eviction and Termination law and any corresponding rules;
(e) Prepare title reports and process trust transactions; and
(f) Process land acquisition transactions as approved by the Oneida Land Commission.
(g) Manage the Tribal land portfolio and act as the caretaker of all unassigned lands.
(h) Process requests for easements and land use licenses.
(i) Administer all internal building and land assignments to internal entities of the Nation
as approved by senior management.
(j) Administer all transactions which add real property to the Tribal land base under the
provisions of this law.
(k) Prepare and maintain title reports and accurate land records.
(l) Perform real estate services for individual trust landowners in accordance with the selfgovernance compact to include collection and submittal of required documents for the
Bureau of Indian Affairs to review and approve easements, conveyances and other real
estate transactions.
(m) Process compile and submit the Nation’s fee to trust applications in accordance with
the priorities approved by senior management.
(n) Determine which Tribal land will be posted and ensure the appropriate signs are posted.
601.6.
Holding of Ownership
601.6-1. Interests in real property by more than one (1) person may be held in the following ways:
(a) Joint Tenancy with the Right of Survivorship. Pursuant to this ownership mechanism
each owner has an equal, undivided interest in the real property. When an owner dies, their
share is divided among the remaining owners; the last living owner owns the entire
property.
(1) Real property owned by married persons is held under this mechanism unless
they have executed a valid marital property agreement specifically stating that the
real property in question is held as tenants in common.
(b) Tenancy in Common. Pursuant to this ownership mechanism each owner has a
percentage of divided interest in the real property. When an owner dies, their interest is
divided among their devisees or heirs.
(1) Real property owned by more than one (1) person, other than married persons,
is owned under this mechanism unless a deed or transfer document specifically
states the real property is held as joint tenants with rights of survivorship.
601.7.
Legal Descriptions
601.7-1. Legal descriptions defining land boundaries shall be complete, providing unequivocal
identification of line or boundaries.
601.7-2 The legal description for any real property transferred under this law shall be derived
from a certified survey map or survey completed by a registered land surveyor according to
currently accepted minimum industry standards for property surveys. If the plat of survey changes
the legal description of the certified survey map for the same piece of property, the certified survey
map’s legal description shall be used on transfer documents along with the survey description,
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which shall be designated as “Also Known As ...” Section, township, range and fourth principal
meridian shall be included in all legal descriptions.
601.7-3. Every land survey shall be made in accordance with the Oneida Nation Register of
Deeds’ recording standards for Tribal trust or restricted fee lands and individual trust lands , the
county register of deeds’ records for fee land, and the Bureau of Indian Affairs Land Titles and
Records Office recording standards.
601.7-4. All surveys prepared for the Nation shall comply with survey requirements outlined in
the Wisconsin Administrative Code, Chapter A-E7 and indicate setbacks, building locations and
encroachments, as applicable.
601.7-5. Legal descriptions shall be used on transfer documents formalizing all acquisitions of
land, trust or restricted fee acquisitions.
601.8.
Title Transfer
601.8-1. Trust Acquisition. Land Management shall use title companies duly registered with the
Department of Interior to update abstracts or provide title insurance on real property scheduled for
trust or restricted fee acquisition.
(a) Land Management applications to convert Tribal fee land into trust land or restricted
fee land shall comply with all applicable federal requirements.
() After land is in trust or restricted fee status Land Management shall request a a title status
report and title report. For the purposes of this section, a valid encumbrance is one that has
been preapproved, in writing, by the Nation in accordance with applicable requirements.
601.8-2. Deeds. Valid deeds shall:
(a) Fee Deeds:
(1) Be in writing;
(2) Identify the grantor (seller) and grantee (buyer);
(3) Provide the legal description of the real property;
(4) Identify the interest conveyed, as well as any conditions, reservations,
exceptions, or rights of way attached to the interest;
(5) Be signed by or on behalf of each of the grantors (sellers);
(6) Be signed by or on behalf of each spouse of each of the grantors (sellers), if
applicable; and
(7) Be delivered to the grantee (buyer).
(b) Trust Deeds and/or Restricted fee Deeds. In addition to the requirements listed in
section 601.7-2(a), a deed prepared for trust or restricted fee acquisition shall comply with
all applicable federal laws and guidelines.
(c) Requirement to record. A deed transferring title shall be recorded with the Oneida
Nation Register of Deeds provided that any trust or restricted fee deeds shall comply with
any additional federal recording requirements.
601.8-3. Involuntary Transfer of Title. All involuntary transfers of title may occur in the
following ways:
(a) Eminent Domain. Eminent domain is the right of the Nation’s government to acquire
Tribal member individual fee land within the Reservation for public uses without the
consent of private owners.
(1) For the purposes of this section, public uses include, but are not limited to,
environmental protection, streets, highways, sanitary sewers, public utility/sites,
waste treatment facilities and public housing.
(2) Prior to exercising eminent domain, the Nation shall first attempt to negotiate
an agreeable taking by making an offer to purchase based on an appraisal of the
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real property. The appraisal amount may be based on an appraisal provided by the
Nation. In the event the property owner objects to the Nation’s appraisal, they may
obtain an independent appraisal at their own cost. For the purposes of this section,
an appraisal means process for estimating a piece of real property’s value.
(3) The Nation’s exercise of eminent domain shall be limited to a right of last resort.
Parties contesting authority or consideration as related to the Nation’s exercise of
eminent domain may contest the acquisition by filing a complaint with the Oneida
Judiciary.
(b) Foreclosure. Foreclosures may occur subject to the Mortgage and Foreclosure law
when a Tribal member ceases payment on a mortgage.
(c) Tribal Land Consolidation. The Nation may acquire land in compliance with the
Indian Land Consolidation Act
(d) Easement by Necessity. An owner of a landlocked parcel may seek nondiscretionary
easement by filing a complaint with the Oneida Judiciary alleging a nondiscretionary
easement is needed as against the named property owner by the filing party because the
filing party has no other reasonable means to access their real estate but for the issuance of
an easement by necessity granted by the Court. An easement by necessity is created when
a grantor conveys lands that have no outlet to a public road except over the grantor's
remaining lands. The easement by necessity arises in favor of a property owner if the owner
can prove common ownership of the proposed servient and dominant estates at the time of
the severance that created the landlocked condition that the landlocked parcel had no access
to a public roadway after it was severed, and such lack of access continues. In such a case,
an easement by necessity is created over the grantor's remaining lands to allow the grantee
access to the public road. Common ownership of the benefited and burdened parcels before
the conveyance occurred is a necessary precondition for establishing a way of necessity.
Easements by necessity may be created even if separation of two parcels under common
ownership results from an involuntary transfer, such as a tax sale.
(e) Prescriptive Easement. A prescriptive easement is an easement acquired through open
and notorious use of an owner’s land which is adverse to the owner’s rights for a continuous
and uninterrupted period of twenty (20) years. An action to establish a prescriptive
easement granting the right to continue to use the property in that manner may be
commenced by filing a complaint with the Oneida Judiciary.
(f) Easement by Written Instrument. An action for the recovery or possession of real estate
and a defense or counterclaim based upon title to real estate are barred by uninterrupted
adverse possession of seven (7) years.
(g) Adverse Possession Prohibited. Adverse possession can never be used against the
Nation.
601.8-4. Land Management shall work with the Oneida Law Office to pursue an involuntary
transfer of title on behalf of the Nation.
601.9.
Leasing of Real Property
601.9-1. In accordance with the Leasing law, Land Management shall administer and process all
leasing of Tribal land for agricultural and commercial purposes and the Comprehensive Housing
Division shall administer and process all leasing of Tribal land for residential purposes. The
Leasing law definition of Tribal land does not include Tribal fee land; however, pursuant to this
law, the responsible parties designated herein shall administer and process leases of all Tribal land
in accordance with the Leasing law, and the Eviction and Termination law.
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601.10.
Trespass
601.10-1. A person commits trespass if they enter or occupy Tribal land, or land owned by a
Tribal member located within the boundaries of the Reservation, without proper authorization and:
(a) Refuse to leave land to which they have no reasonable claim or right of possession
when requested to do so.
(b) After being notified by the landowner or lawful occupant that permission to enter has
been denied, revoked, or does not exist. Notification may be provided in the following
ways:
(1) Public notice through publication of the Land Access Map on the Nation’s website
and/or in the Nation’s newspaper.
(2) Physical posting of the land, which shall be deemed sufficient if one (1) of the
following conditions is met:
(i) A sign at least eleven inches (11”) square is placed in at least two (2)
conspicuous locations for every forty (40) acres of land. The sign must
include appropriate notice and the name of the person giving notice,
followed by “owner” if the person holds legal title, or “occupant” if the
person is a lawful occupant without legal title.
(ii) Markings at least one foot (1’) long, in a contrasting color, bearing the
phrase “Private Land” and the name of the owner, are placed in at least two
(2) conspicuous locations for every forty (40) acres.
(c) Engage in any of the following activities without proper authorization through a lease,
permit, or as otherwise required under applicable law:
(1) Destroy or damage land, waters, livestock, poultry, buildings, equipment, or
other property.
(2) Cut, destroy, or remove any wood, timber, plant, vegetation, or crop.
(3) Hunt, trap or fish, or attempt to do so.
(4) Dig, extract, or remove earth, soil, minerals, cultural resources, or other
property.
(5) Post, paint, or affix notices, advertisements, signs, or other public
communications on another’s property.
(6) Parks or operate a vehicle on the land.
(7) Permit or allow livestock or any domestic animal to enter or remain on the land.
(8) Uses or occupies leased or subleased lands in a manner that exceeds the
possessory rights granted under the terms of the lease or sublease.
(9) Dumps, deposits, places, throws, burns, emits or leaves any rubbish, refuse,
debris, substances, or object on any highway, road, air, waterway or land without
lawful authority or permission.
601.11. Records
601.11-1. Purpose. Land Management shall oversee the administration of the Oneida Nation
Register of Deeds which shall accept and record documents related to real property located within
the Reservation, as well as documents related to all Tribal fee land, regardless of where it is located.
601.11-2. Types of Records. The Oneida Nation Register of Deeds may only accept documents
that provide evidence of activities affecting real property title, preserve the record of a title
document and give constructive notice of changes to a title document. Further, such documents
shall be originals, signed duplicates or certified copies. The Oneida Nation Register of Deeds may
accept documents, including but not limited to:
(a) Deeds;
6 O.C. 601 – Page 7
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(b) Probate orders;
(c) Mortgages and other valid liens;
(d) Easements, covenants, and restrictions;
(e) Certified survey maps and plats of survey;
(f) Patents;
(g) Declarations of involuntary transfer or taking;
(h) Satisfactions;
(i) Leases;
(j) Home ownership agreements made pursuant to the Landlord-Tenant law;
(k) Marriage agreements; and
(l) Correction of title defects.
601.11-3. Accessibility. The Oneida Nation Register of Deeds shall provide access to land records
and title documents subject to fees detailed in the fee schedule created by Land Management and
approved by the Land Commission.
601.11-4. Trust Land. All documents pertaining to Tribal trust land and individual trust land shall
be recorded with the Oneida Nation Register of Deeds and the Bureau of Indian Affairs Land Titles
and Records Office.
601.11-5. Tribal Seal. The Nation’s Secretary shall provide Land Management with the Nation’s
seal to be used to authenticate documents which are certified by the Oneida Nation Register of
Deeds.
601.12. Real Estate Education Requirements and Certifications
601.12-1. Wisconsin Real Estate Education and Exam Required. Land Management employees
engaging in the acquisition of Tribal fee land on behalf of the Nation, specifically those performing
real estate closings, shall pass the Wisconsin Real Estate License Exam. Such persons are not
required to obtain a Wisconsin Real Estate License, but shall fulfill the pre-license education
requirement, pass the licensing exam and fulfill a minimum of twelve (12) hours or four (4) courses
of continuing education requirements as required of Wisconsin real estate licensees. The Oneida
Law Office shall select which continuing education courses are required. In addition to
Wisconsin’s minimum education requirements as applied to the Nation’s real estate employees in
this law, Land Management shall require such employees to attend real estate training specific to
the Nation’s goals and unique positions as the Oneida Law Office shall offer on an as-needed basis.
(a) While Wisconsin real estate law allows persons engaged in the sale of real estate to
earn a commission, persons acquiring Tribal land on behalf of the Nation are regular
employees of the Nation and, therefore, shall waive any commission for which they might
otherwise be eligible.
(b) It is critical to the Oneida Nation’s goal to reacquire property within the original
Reservation boundaries to have employees educated and experienced in executing real
estate transactions. Accordingly, Land Management shall, subject to budgetary constraints,
employ at least two (2) employees whose primary responsibility is real estate acquisitions
and shall ensure that a minimum of one (1) employee is adequately educated and trained
to serve as a backup to the primary personnel.
601.12-2. TAAMS Certification Required. All persons responsible for encoding Tribal Trust land
information shall obtain a TAAMS certification.
601.12-3. Fiduciary Responsibility. All employees of the Nation engaged in the buying of Tribal
land shall, at all times, act as a fiduciary to the Nation. Further, all such persons shall comply with
all applicable Tribal and federal laws.
6 O.C. 601 – Page 8
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601.13. Enforcement
601.13-1. Proof of Eligibility. An officer of the Oneida Police Department or a designated warden
may require any person to provide proof of eligibility to access or use any designated Tribal lands.
601.13-2. Issuance of Citation. An individual who violates a provision of this law may be issued
a citation by an officer of the Oneida Police Department or a designated warden. A separate offense
shall be deemed committed on each day during or on which a violation occurs or continues.
(a) A citation issued under this law, or pursuant to any order authorized by this law, may
include fines, other penalties, and conditional orders as determined by the Trial Court.
(b) All citations shall be processed in accordance with the Nation’s laws, rules, and policies
governing citation procedures.
(c) Any order that is not complied with may be enforced by an officer of the Oneida Police
Department or a designated warden. Enforcement actions may be taken at the expense of
the owner.
(d) The Oneida Police Department is authorized to take any lawful and necessary action to
prevent, mitigate, or remove violations of this Law.
End.__________________________________________________________________________________________
--Adopted-BC-05-29-96-A
Amended-BC-03-01-06-D
Amended-BC-04-28-10-E
Amended-BC-02-25-15-C
Amended-BC-05-13-15-B
Amended-BC-02-08-17-A
Emergency Amendment-BC-06-14-17-A
Amended-BC-05-09-18-A
Emergency Amended – BC-01-22-20-B
Extension of Emergency – BC-07-22-20-A (Expired)
Amended-BC-xx-xx-xx-X
6 O.C. 601 – Page 9
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r'\.
Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
=DODDDD=
ONEIDA
Legislative Operating Committee
October 1, 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.
Page 1 of 4
A good mind. A good heart. A strong fire.
44 of 63
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.
~
Page 2 of 4
ONEIDA
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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.
Page 3 of 4
~
ONEIDA
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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.
9/17/25 LOC: Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Misty Herzog, Clorissa Leeman,
Grace Elliott, Carolyn Salutz. Motion by Jennifer Webster to accept the legislative analysis;
seconded by Jonas Hill. Motion carried unanimously.
9/17/25:
Work Meeting. Present: Jameson Wilson, Kirby Metoxen, Jennifer Webster, Jonas Hill,
Carolyn Salutz, Clorissa Leeman, Kristal Hill, R.C. Metoxen, Grace Elliott. The purpose of
this meeting was to review non substantive edits to Higher Education Grant draft law to
improve clarity.
9/17/25:
Community Meeting. Present: Jameson Wilson, Jennifer Webster, Jonas Hill, Kirby
Metoxen, Oneida Community Members. The purpose of this meeting was to listen to
questions, comments, and concerns from community members about the Higher Education
Scholarship.
Next Steps:
▪ Approve the updated draft Higher Education Grant law and public meeting packet for the
Higher Education Grant Law and schedule a public meeting to be held on November 14, 2025.
A good mind. A good heart. A strong fire.
Page 4 of 4
~
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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 RequirementsHigher Education Grant
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903.6 Higher Education GrantEnforcement
903.7 EnforcementAppeals
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.
(c) “Financial Needs Analysis” or “FNA” means the financial needs analysis form
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.
(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.
9 O.C. 903 – Page 1
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(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 measureaverage of a student’s academic
achievement arrived atperformance, calculated 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:
(a1) The Higher Education Student File clearly describing the documents required to
complete the Higher Education Student File.
(b2) Funding
(1a) how funding periods are calculated.
(2b) cap amounts for the following tiers:
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(i) associate degree, vocational or certificate program.
(ii) undergraduate degree.
(iii) graduate degree.
(iv) doctoral degree.
(c3) Clearly describe application requirements and process.
(d4) Clearly describe the appeals process.
(e5) 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. Higher Education GrantEligibility 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.
(c) complete the Higher Education Student File with the Higher Education Office.
(d) comply with FAFSA standards.
(e) be pursuing a degree in a higher funding tier than any previously earned degree,
unless they have remainingunused credits available underremain within the funding cap
of their current degree 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.
(c) sixty (60) credits for a graduate 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. 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: (listed from lowest to highest, a through
d):
(a) associate degree, vocational or certificate program.
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(b) undergraduate degree.
(c) graduate degree.
(d) doctoral degree.
903.6-25-5. 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 takingenrolled in one (1) to five (5) credits shall receive funding for
tuition, fees, and books up to the funding cap for their program.
(c) 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.
(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.
903.5-4. 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.
903.67. Enforcement
903.76-1. Accountability. The Higher Education Office shall deny funding to any student who
violates this law or fails to comply with the Higher Education Student Rulebook.
903.87. Appeals
903.7-1. Appeal Process and Requirements. An appeal is a request for review of a grant decision
made by the Higher Education Office, in which the student must demonstrate that the Higher
Education Office failed to comply with this law or the Higher Education Student Rulebook. 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 2
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ONEIDA NATION PUBLIC MEETING NOTICE
FRIDAY, NOVEMBER 14, 2025, 12:15 pm
Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings
Send Public Comments to
Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin
LOC@oneidanation.org
Ask Questions here
LOC@oneidanation.org
920-869-4417
HIGHER EDUCATION GRANT LAW AMENDMENTS
The purpose of the Higher Education Grant law is to implement the Higher Education Grant
program; and set forth the funding requirements and procedural controls for awarding Higher
Education grants.
The Higher Education law will:
Outline the parameters of the Higher Education Grant, including eligibility requirements, duration of funding, tiered funding system, and the methodology for calculating
awards under various circumstances.
Provide 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.
Provide clear guidance and defined boundaries for administering the Higher Education
Grant.
Delegate rulemaking authority, empowering the Higher Education Office to promulgate
rules consistent with the Law to address practical and evolving implementation needs.
Extend the legal protections provided to a child of a tenant to any child of the household.
Provide that the duration of funding available is determined by both the students assigned funding tier and the number of credits allocated to each tier.
Individuals may attend the public meeting for the proposed Higher Education Grant law amendments in person at the Norbert Hill Center, or
virtually through Microsoft Teams. If you wish to attend the public
meeting
through
Microsoft
Teams
please
contact
LOC@oneidanation.org.
PUBLIC COMMENT PERIOD CLOSES FRIDAY, NOVEMBER 21, 2025
During the public comment period, anyone may submit written comments, questions or input.
Comments may be submitted to the Oneida Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.
For more information on the proposed Higher Education law amendments please review the public meeting
packet at oneida-nsn.gov/government/register/public meetings.
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Analysis to Draft 2
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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)].
Page 1 of 7
53 of 63
Analysis to Draft 2
2025 10 01
▪
▪
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)].
Page 2 of 7
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Analysis to Draft 2
2025 10 01
▪
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
Page 3 of 7
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Analysis to Draft 2
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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.
▪ On September 3, 2025, the Legislative Operating Committee voted to approve the draft Higher
Education law; Motion by Jonas Hill seconded by Jennifer Webster. Motion carried unanimously.
▪ On September 17, 2025, the Legislative Operating Committee voted to accept the legislative
analysis for the draft Higher Education law; Motion by Jennifer Webster seconded by Jonas Hill.
Motion carried unanimously.
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 Tr
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