Oneida Business Committee (2024)
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Public Packet
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Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, August 14, 2024
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill
Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to
change.
I.
CALL TO ORDER
II.
OPENING
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
Oneida Election Board Ad-Hoc Committee - Violet Blake and Lynette Jordan
Sponsor: Lisa Liggins, Secretary
B.
Oneida Election Board Alternate - Justine Huff, Mary King, and Lynette Jordan Administered Oath of Office on July 11, 2024
Sponsor: Lisa Liggins, Secretary
C.
Oneida ESC Group LLC Board of Managers - John Breuninger
Sponsor: Lisa Liggins, Secretary
D.
Oneida Nation Arts Board - Frederick Muscavitch and Weeya Calif
Sponsor: Lisa Liggins, Secretary
E.
Oneida Nation Veteran Affairs Committee - Jason Kurowski
Sponsor: Lisa Liggins, Secretary
F.
Oneida Police Commission - George Skenandore
Sponsor: Lisa Liggins, Secretary
G.
On?yote?a?ká ni? i Standing Committee - Ethel Marie Cornelius, William Cornelius,
Katsitsiyo Danforth, Gail Grissman, Michelle Hill, Judith Sprangers, Laura LaitnenWarren, Laura Manthe, Lawrence Roberts II, Anthony Konkol, Dwight Steffes,
Kirsten VanDyke, Taryn Webster
Sponsor: Lisa Liggins, Secretary
H.
Pardon and Forgiveness Screening Committee - Jason Kurowski
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 6
August 14, 2024
Public Packet
V.
2 of 338
MINUTES
A.
VI.
VII.
Approve the July 24, 2024, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt resolution entitled 2023 ITBC Herd Development Grant Application Support
Sponsor: Mark W. Powless, General Manager
B.
Adopt resolution entitled Submission of ISDEAA Section 105(l) Lease Proposals to
the Department of Interior
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
STANDING COMMITTEES
A.
B.
FINANCE COMMITTEE
1.
Accept the July 11, 2024, regular Finance Committee meeting minutes
Sponsor: Lawrence Barton, Treasurer
2.
Accept the July 25, 2024, regular Finance Committee meeting minutes
Sponsor: Lawrence Barton, Treasurer
LEGISLATIVE OPERATING COMMITTEE
1.
VIII.
UNFINISHED BUSINESS
A.
IX.
Adopt Landlord-Tenant Law Rule # 2 - Income Based Rental Program
Eligibility, Selection and Other Requirements
Sponsor: Jameson Wilson, Councilman
Determine next steps regarding five (5) appointment(s) - Oneida Personnel
Commission
Sponsor: Lisa Liggins, Secretary
TRAVEL REPORTS
A.
Approve the travel report - Secretary Lisa Liggins and Councilman Jonas Hill Assembly Democratic Campaign Committee Fundraiser - Wisconsin Dells, WI - July
23-25, 2024
Sponsor: Lisa Liggins, Secretary and Jonas Hill, Councilman
B.
Approve the travel report - Councilwoman Jennifer Webster - Dept. of Children &
Families and Dept. of Health & Human Services State-Tribal Consultations Hayward, WI - June 3-5, 2024
Sponsor: Jennifer Webster, Councilwoman
C.
Approve the travel report - Councilwoman Jennifer Webster - Indian Health Services
Tribal Self Governance Advisory Committee Meeting - Washington, DC - July 22-24,
2024
Sponsor: Jennifer Webster, Councilwoman
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 6
August 14, 2024
Public Packet
X.
XI.
3 of 338
D.
Approve the travel report - Councilwoman Jennifer Webster - National Indian Head
Start Association Conference - Billings, MT - June 23-28, 2024
Sponsor: Jennifer Webster, Councilwoman
E.
Approve the travel report - Councilwoman Jennifer Webster - PROGRESS Act Tribal
Consultation - Bloomington, MN - July 16-17, 2024
Sponsor: Jennifer Webster, Councilwoman
F.
Approve the travel report - Councilman Jameson Wilson - NCAI Leading Tribal
Nations Executive Education Program - Cambridge, MA - June 22-28, 2024
Sponsor: Jameson Wilson, Councilman
G.
Approve the travel report - Councilman Jonas Hill - 2024 Leading Tribal Nations
Executive Education Program - Boston, MA - June 22-29, 2024
Sponsor: Jonas Hill, Councilman
H.
Approve the travel report - Councilman Jonas Hill - Republican National Convention
- Milwaukee, WI - July 14-19, 2024
Sponsor: Jonas Hill, Councilman
I.
Approve the travel report - Councilman Kirby Metoxen - Tribal Leadership
Conference 2024 - Morongo, CA - July 14-19, 2024
Sponsor: Kirby Metoxen, Councilman
TRAVEL REQUESTS
A.
Approve the travel request - Councilmen Jonas Hill and Kirby Metoxen - 2024
Consultations Dept. of Natural Resources, Dept. of Tourism, WI Housing &
Economic Development Authority, Safety & professional Services - Red Cliff, WI October 1-4, 2024
Sponsor: Jonas Hill, Councilman and Kirby Metoxen, Councilman
B.
Approve the travel request - Councilman Kirby Metoxen - 2024 Annual American
Indian Tourism Conference - Marksville, LA - October 28-November 01, 2024
Sponsor: Kirby Metoxen, Councilman
C.
Enter the e-poll results into the record regarding the approved travel request for
Secretary Lisa Liggins to attend three (3) events in the Madison area on August 1822, 2024
Sponsor: Lisa Liggins, Secretary
NEW BUSINESS
A.
Accept the status report on the February 14, 2024, tribal member request regarding
the Oneida Higher Education Office
Sponsor: Mark W. Powless, General Manager
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 6
August 14, 2024
Public Packet
XII.
4 of 338
REPORTS
A.
OPERATIONAL
1.
B.
C.
Defer the Emergency Management FY-2024 3rd quarter report to the August
28, 2024, regular Business Committee meeting
Sponsor: Kaylynn Gresham, Director/Emergency Management
APPOINTED BOARDS, COMMITTEES, COMMISSIONS (8:30 a.m.)
1.
Accept the Anna John Resident Centered Care Community Board FY-2024 3rd
quarter report
Sponsor: Lorna Skenandore, Chair/Anna John Resident Centered Care
Community Board
2.
Accept the Environmental Resources Board FY-2024 3rd quarter memo
Sponsor: Lisa Liggins, Secretary
3.
Accept the Oneida Community Library Board FY-2024 3rd quarter report
Sponsor: Stephanie Metoxen, Chair/Oneida Community Library Board
4.
Accept the Oneida Election Board FY-2024 3rd quarter report
Sponsor: Ray Skenandore, Chair/Oneida Election Board
5.
Accept the Oneida Nation Arts Board FY-2024 3rd quarter report
Sponsor: Harmony Hill, Chair/Oneida Nation Arts Board
6.
Accept the Oneida Nation Veterans Affairs Committee FY-2024 3rd quarter
report
Sponsor: Gerald Cornelius, Chair/Oneida Nation Veterans Affairs Committee
7.
Accept the Oneida Personnel Commission FY-2024 3rd quarter memorandum
Sponsor: Lisa Liggins, Secretary
8.
Accept the Oneida Police Commission FY-2024 3rd quarter report
Sponsor: Richard VanBoxtel, Chair/Oneida Police Commission
9.
Accept the Pardon and Forgiveness Screening Committee FY-2024 3rd
quarter report
Sponsor: Eric Boulanger, Chair/Pardon and Forgiveness Screening Committee
10.
Accept the Southeastern Oneida Tribal Services Advisory Board FY-2024 3rd
quarter report
Sponsor: Diane Hill, Chair/Southeastern Wisconsin Oneida Tribal Services
Advisory Board
ELECTED BOARDS, COMMITTEES, COMMISSIONS (9:00 a.m.)
1.
Accept the Oneida Gaming Commission FY-2024 3rd quarter report
Sponsor: Mark A. Powless Sr., Chair/Oneida Gaming Commission
2.
Accept the Oneida Land Claims Commission FY-2024 3rd quarter report
Sponsor: Chris Cornelius, Chair/Oneida Land Claims Commission
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 6
August 14, 2024
Public Packet
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D.
XIII.
Accept the Oneida Land Commission FY-2024 3rd quarter report
Sponsor: John Danforth, Chair/Oneida Land Commission
4.
Accept the Oneida Nation Commission on Aging FY-2024 3rd quarter report
Sponsor: Winnifred Thomas, Chair/Oneida Nation Commission on Aging
5.
Accept the Oneida Nation School Board FY-2024 3rd quarter report
Sponsor: Sacheen Lawrence, Chair/Oneida Nation School Board
6.
Accept the Oneida Trust Enrollment Committee FY-2024 3rd quarter report
Sponsor: Jermaine Delgado, Chair/Oneida Trust Enrollment Committee
STANDING COMMITTEES
1.
Accept the Finance Committee FY-2024 3rd quarter report
Sponsor: Lawrence Barton, Treasurer
2.
Accept the Legislative Operating Committee FY-2024 3rd quarter report
Sponsor: Jameson Wilson, Councilman
GENERAL TRIBAL COUNCIL
A.
XIV.
3.
PETITIONER LINDSEY BLACKOWL - Accept status updates - petition # 2402
1.
Accept the legal analysis status update regarding petition # 2024-02
Sponsor: Kelly McAndrews, Deputy Chief Counsel
2.
Accept the statement of effect status update regarding petition # 2024-02
Sponsor: Jameson Wilson, Councilman
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report (11:30 a.m.)
Sponsor: Mark W. Powless, General Manager
3.
Defer the Gaming General Manager FY-2024 3rd quarter report to the August
27, 2024, executive session Business Committee meeting
Sponsor: Louise Cornelius, Gaming General Manager
4.
Accept the Retail General Manager FY-2024 3rd quarter report (10:30 a.m.)
Sponsor: Debra Powless, Retail General Manager
5.
Accept the Security Director FY-2024, 3rd quarter report (11:00 a.m.)
Sponsor: Katsitsiyo Danforth, Security Director
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 6
August 14, 2024
Public Packet
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B.
6.
Defer the Executive HR Director FY-2024 3rd quarter report to the August 28,
2024, regular Business Committee meeting
Sponsor: Todd VanDen Heuvel, Executive HR Director
7.
Defer the Hotel to Gaming Transition Committee August 13, 2024, report to
the August 27, 2024, executive session Business Committee meeting
Sponsor: Louise Cornelius, Gaming General Manager
AUDIT COMMITTEE
1.
C.
XV.
Accept the Audit Committee FY-2024 3rd quarter report
Sponsor: Lisa Liggins, Secretary
NEW BUSINESS
1.
Approve a limited waiver of sovereign immunity - Cornerstone Community
Center Area contract - file # 2024-0812
Sponsor: Louise Cornelius, Gaming General Manager
2.
Discuss the BC Officers proposal regarding a Create a System of Commerce
tactic
Sponsor: Lisa Liggins, Secretary
3.
Review application(s) for five (5) vacancies - Oneida Personnel Commission
Sponsor: Lisa Liggins, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or
(800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 6 of 6
August 14, 2024
Public Packet
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Oneida Election Board Ad-Hoc Committee - Violet Blake and Lynette Jordan
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
8 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – Oneida Election Board - Ad Hoc Committee.
Background
On July 24, 2024, the Oneida Business Committee appointed Violet Blake and Lynette
Jordan to Oneida Election Board - Ad Hoc Committee.
A good mind. A good heart. A strong fire.
Public Packet
9 of 338
Oneida Election Board Alternate - Justine Huff, Mary King, and Lynette Jordan - Administered Oath of...
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
10 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 30, 2024
RE:
Oath of Office – Oneida Election Board Alternate
Background
On July 10, 2024, the Oneida Business Committee appointed Justine Huff, Mary King,
and Lynette Jordan.
Their oaths would have been scheduled for the Oneida Business Committee meeting on
July 24, 2024, however, they needed to be sworn in by July 20, 2024 for the 2024
Special Election. Other arrangements to administer her oath were made in accordance
with the Boards, Committees, and Commissions law.
Ҥ105.9-1 (b) If an oath is administered outside of an Oneida Business Committee
meeting, a quorum of Oneida Business Committee members shall be present to
witness the oath.”
On July 11, 2024, Tribal Secretary, Lisa Liggins administered the oath of office Justine
Huff, Mary King, and Lynette Jordan. The following Oneida Business Committee
members were present: Lawrence Barton, Lisa Liggins, Jonas Hill, Kirby Metoxen,
Jameson Wilson.
A good mind. A good heart. A strong fire.
Public Packet
11 of 338
Oneida ESC Group LLC Board of Managers - John Breuninger
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
12 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – Oneida ESC Group, LLC Board of Managers
Background
On July 24, 2024, the Oneida Business Committee appointed John Breuninger to the
Oneida ESC Group, LLC Board of Managers.
A good mind. A good heart. A strong fire.
Public Packet
13 of 338
Oneida Nation Arts Board - Frederick Muscavitch and Weeya Calif
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
14 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – Oneida Nation Arts Board
Background
On July 24, 2024, the Oneida Business Committee appointed Weeya Calif and Frederick
Muscavitch to the Oneida Nation Arts Board.
A good mind. A good heart. A strong fire.
Public Packet
15 of 338
Oneida Nation Veteran Affairs Committee - Jason Kurowski
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
16 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – Oneida Nation Veteran Affairs Committee
Background
On July 24 2024, the Oneida Business Committee appointed Jason Kurowski to the Oneida
Nation Veteran Affairs Committee.
A good mind. A good heart. A strong fire.
Public Packet
17 of 338
Oneida Police Commission - George Skenandore
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
18 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – Oneida Police Commission
Background
On July 24, 2024, the Oneida Business Committee appointed George Skenandore to the
Oneida Police Commission.
A good mind. A good heart. A strong fire.
Public Packet
19 of 338
On?yote?a?ká ni? i Standing Committee - Ethel Marie Cornelius, William Cornelius, Katsitsiyo Danforth,...
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
20 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – On?yote?a?ká ni? i Standing Committee
Background
On July 24 2024, the Oneida Business Committee appointed Ethel Marie Cornelius, William
Cornelius, Katsitsiyo Danforth, Gail Grissman, Michelle Hill, Judith Sprangers, Laura LaitnenWarren, Laura Manthe, Lawrence Roberts II, Anthony Konkol, Dwight Steffes, Kirsten
VanDyke, and Taryn Webster to the On?yote?a?ká ni? i Standing Committee.
A good mind. A good heart. A strong fire.
Public Packet
21 of 338
Pardon and Forgiveness Screening Committee - Jason Kurowski
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Amber Martinez, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
AMARTIN3
Public Packet
22 of 338
Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 26, 2024
RE:
Oath of Office – Pardon and Forgiveness Screening Committee
Background
On July 24 2024, the Oneida Business Committee appointed Jason Kurowski to the Pardon
and Forgiveness Screening Committee.
A good mind. A good heart. A strong fire.
Public Packet
23 of 338
Approve the July 24, 2024, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: DRAFT materials/discussion
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☐ Not Applicable
☐ Budgeted – Grant Funded ☒ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BPIGMAN
Public Packet
24 of 338
DRAFT
Oneida Business Committee
Executive Session
8:30 AM Tuesday, July 23, 2024
BC Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
8:30 AM Wednesday, July 24, 2024
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
EXECUTIVE SESSION
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence
Barton, Secretary Lisa Liggins, Councilman: Kirby Metoxen (via Microsoft Teams1), Councilman: Jonas
Hill, Councilwoman: Jennifer Webster, Councilman: Jameson Wilson;
Not Present: Councilman Marlon Skenandore;
Arrived at: n/a
Others present: Jo A. House, RaLinda Ninham-Lamberies (via Microsoft Teams), Mark W. Powless (via
Microsoft Teams), Todd VanDen Heuvel (via Microsoft Teams, Louise Cornelius (via Microsoft Teams,
Lisa Summers (via Microsoft Teams), Debra Danforth (via Microsoft Teams, Jason Doxtator (via Microsoft
Teams, Justin Nishimoto (via Microsoft Teams, Michelle Danforth-Anderson (via Microsoft Teams, Kristal
Hill (via Microsoft Teams), Maureen Perkins (via Microsoft Teams), Melinda J Danforth (via Microsoft
Teams, Shannon Stone (via Microsoft Teams, Eric McLester (via Microsoft Teams, Brandon Wisneski (via
Microsoft Teams), Dana McLester (via Microsoft Teams, Mercie Danforth (via Microsoft Teams, Chad
Fuss (via Microsoft Teams, Eric Bristol (via Microsoft Teams, Bobbi Jo King (via Microsoft Teams,
James Sommerfeldt (via Microsoft Teams, Lori Hill (via Microsoft Teams, Danielle White (via Microsoft
Teams, Rae Skenandore (via Microsoft Teams, Danelle Wilson (via Microsoft Teams), David Jordan (via
Microsoft Teams), Aliskwet Ellis (via Microsoft Teams), Bonnie Pigman (via Microsoft Teams)
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
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REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence
Barton, Council members: Jennifer Webster, Jameson Wilson;
Not Present: Secretary: Lisa Liggins, Councilmen: Jonas Hill, Kirby Metoxen, Marlon Skenandore
Arrived at: n/a
Others present: Jo A. House, RaLinda Ninham-Lamberies , Mark W. Powless, Todd Vanden Heuvel (via
Microsoft Teams), Kirby Metoxen (via Microsoft Teams), Debra Powless (via Microsoft Teams), Lisa
Summers (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Jason Doxtator (via Microsoft
Teams), Justin Nishimoto (via Microsoft Teams), Troy Parr (via Microsoft Teams), Lisa Rauschenbach
(via Microsoft Teams), Shannon Stone (via Microsoft Teams), Debra Danforth (via Microsoft Teams),
Connor Kestell (via Microsoft Teams), Sidney White (via Microsoft Teams), Louise Cornelius, Cheryl
Stevens (via Microsoft Teams), Paul Witek (via Microsoft Teams), Peggy Helm-Quest (via Microsoft
Teams), Clorissa Leeman (via Microsoft Teams), Derick Denny (via Microsoft Teams), Jeri Bauman (via
Microsoft Teams), Grace Elliott (via Microsoft Teams), Patricia King (via Microsoft Teams), Joyce King
(via Microsoft Teams), Kristine Hill (via Microsoft Teams), Leslie Doxtater (via Microsoft Teams), Michelle
Danforth-Anderson (via Microsoft Teams), Maureen Metoxen (via Microsoft Teams), Danelle Wilson (via
Microsoft Teams), Fawn Billie (via Microsoft Teams), Fawn Cottrell (via Microsoft Teams), Janice
Decorah (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), David Jordan (via Microsoft
Teams), Maureen Perkins (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Debbie Melchert (via
Microsoft Teams), Clorissa Leeman (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Dana
McLester (via Microsoft Teams), Tavia James-Charles (via Microsoft Teams), Carol Silva (via Microsoft
Teams), Carolyn Salutz (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Michael Debraska
(via Microsoft Teams), Joann Ninham (via Microsoft Teams), Shannon Davis (via Microsoft Teams), Mary
Graves (via Microsoft Teams), Lisa Duff (via Microsoft Teams), Carol Silva (via Microsoft Teams), Derrick
Denny (via Microsoft Teams), Garth Webster, Justine Huff, Mary King, Michelle Doxtator, Dakota
Decorah, Wendy Haack, Tina Jorgenson, Diane Wilson, Warren Stevens, Jean Johnson, Lisa Metoxen,
America Hartman, Nathalie Benton, Nicole Rommel, Connor Cornelius, Jeanine Krueger, Mari Kriescher,
Yasiman Metoxen, Sarah Capelle, Cindy Lecker, Nancy Barton, Barb Metoxen, Jessica Vandekamp,
Greg Matson, Amber Cornelius, Alvin Summers, Kevin John, Rositta Cornelius, Alec Moore, Matt Denny,
Terry Cornelius, Eric McLester, John Danforth, Rochel Smith, Brian Doxtator, Earl Jordan, Susan
Danforth, Cristal Sanchez Moreno, Melissa Moreno, Lourdes Moreno, Nallely Berumen, Logan Mitchell,
Johanna Helein, Maria Moreno, Richardo Moreno Luna, Mikhayla Shaw, Joel Maxum, Eric Boulanger,
Brandon Vandehei, Andy Leitzke, Ronald King Jr., Alexis Woefel, Michael Krueger, Jerry Lancaths, Cathy
Metoxen, Ed Delgado, Bonnie Pigman (via Microsoft Teams);
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:31 a.m.
For the record: Secretary Lisa Liggins and Councilman Jonas Hill are out on approved travel to attend
the Assembly Democratic Campaign Committee Fundraiser in Wisconsin Dells, WI on July 23-25,
2024. Councilmen Kirby Metoxen is on vacation. Councilman Marlon Skenandore is on leave.
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II.
OPENING (00:00:05)
Opening provided by Chairman Tehassi Hill.
A.
Special recognition for years of service
Sponsor: Todd VanDen Heuvel, Executive HR Director
Special recognition for years of service by Todd Vanden Heuvel of the following individuals: 45 years
of service - Jean Johnson; 40 years of service - Justine Huff; 35 years of service - Nathalie Benton; 30
years of service - Julie Teteak, Anthony Vania, Michelle Edwards, Earl Jordan, Misti Urbanek, Inez
Thomas, Karen Smith, Kelly Kinjerski, Richard Hawpetoss, Terry Cornelius, Rositta Cornelius,
Matthew Denny, Mistylee Herzog, Tina Jorgensen, Kevin John, Lisa Matchopatow, Jacque Boyle,
Dennis Johnson Sr., Dwaine Kerk, Lisa Bartz, Todd Mahlik, Shelly Skenandore, Jennifer Green; 25
years of service - Diane Wilson, Scott Nickel, Denise Sorenson, Alvin Summers, Bradley Shimek.
III.
ADOPT THE AGENDA (00:37:40)
Motion by Jameson Wilson to adopt the agenda with two (2) noted changes [1) under New Business,
add item entitled Approve an exception to resolution # BC-01-12-22-A and cancel the discussion on
the Executive Session section of the regular meeting agenda scheduled for August 13, 2024; and 2)
under the Executive Session, New Business, add item entitled Approve a limited waiver of sovereign
immunity - Wolters Kluwer UpToDate Inc Subscription - file # 2024-0508], seconded by Lawrence
Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
IV.
OATH OF OFFICE
A.
Oneida Police Department - Michael Krueger and Cristal Sanches Moreno
(00:38:50)
Sponsor: Lisa Liggins, Secretary
Oaths of office administered by Councilwoman Jennifer Webster. Michael Krueger and Cristal Sanches
Moreno were present.
V.
MINUTES
A.
Approve the July 10, 2024, regular Business Committee meeting minutes
(00:46:37)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve the July 10, 2024, regular Business Committee meeting
minutes, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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VI.
RESOLUTIONS
A.
Adopt resolution entitled Oneida Nation Comprehensive Division HUD ONAP
Tribal VASH Renewal (00:47:03)
Sponsor: Mark W. Powless, General Manager
Motion by Lawrence Barton to adopt resolution 07-24-24-A Oneida Nation Comprehensive Division
HUD ONAP Tribal VASH Renewal, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
B.
Adopt resolution entitled Office of Violence Against Women - FY2024 Tribal Sexual
Assault Services Program grant application (00:49:36)
Sponsor: Mark W. Powless, General Manager
Motion by Lawrence Barton to adopt resolution 07-24-24-B Office of Violence Against Women FY2024 Tribal Sexual Assault Services Program Grant Application, seconded by Brandon YellowbirdStevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
C.
Adopt resolution entitled Amendments to the Back Pay Law (00:50:22)
Sponsor: Jameson Wilson, Councilman
Motion by Jennifer Webster to adopt resolution 07-24-24-C Amendments to the Back Pay Law,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
D.
Adopt resolution entitled Adoption of the FY-2024-2027 Oneida Nation Tribal
Transportation Improvement Plan (TTIP) and Tribal Transportation Program
Agreement (TTP/G2G) including Corresponding Referenced Funding Agreements
(RFA) (00:55:25)
Sponsor: Mark W. Powless, General Manager
Motion by Lawrence Barton to adopt resolution 07-24-24-D Adoption of the FY-2024-2027 Oneida
Nation Tribal Transportation Improvement Plan (TTIP) and Tribal Transportation Program Agreement
(TTP/G2G) including Corresponding Referenced Funding Agreements (RFA), seconded by Brandon
Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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E.
Adopt resolution entitled Approval of Use of Economic Development,
Diversification and Community Development Funds for a donation of $400,000 for
the 2025 NFL Draft (00:57:16)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Lawrence Barton to adopt resolution 07-24-24-E Approval of Use of Economic
Development, Diversification and Community Development Funds for a donation of $400,000 for the
2025 NFL Draft, seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
VII.
APPOINTMENTS
A.
Determine next steps regarding three (3) appointments - Oneida Election Board Ad
Hoc Committee (01:04:18)
Sponsor: Lisa Liggins, Secretary
Motion by Jameson Wilson to accept the selected applicants, to appoint Violet Blake and Lynette
Jordan to the Oneida Election Board Ad Hoc Committee with terms ending December 31, 2024, and to
request the Secretary to repost the remaining vacancy, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
B.
Determine next steps regarding one (1) appointment(s) - Oneida ESC Group LLC
Board of Managers (01:05:02)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicant and to appoint John Breuninger to the
Oneida ESC Group, LLC Board of Managers with a term ending June 30, 2027, seconded by Jameson
Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
C.
Determine next steps regarding two (2) appointments - Oneida Nation Arts Board
(01:05:33)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicants, to appoint Weeya Calif the Oneida
Nation Arts Board with a term ending March 31, 2026, and to appoint Frederick Muscavitch to the
Oneida Nation Arts Board with a term ending March 31, 2025, seconded by Jameson Wilson. Motion
carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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D.
Determine next steps regarding one (1) appointment - Oneida Nation Veteran
Affairs Committee (01:06:14)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicant and to appoint Jason Kurowski to the
Oneida Nation Veteran Affairs Committee with a term ending December 31, 2027, seconded by
Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
E.
Determine next steps regarding five (5) appointment(s) - Oneida Personnel
Commission (01:06:41)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to defer the Oneida Personnel Commission appointment to the August 14,
2024, regular Business Committee meeting and to request the Secretary to repost the vacancies,
seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
F.
Determine next steps regarding one (1) appointment - Oneida Police Commission
(01:07:10)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicant and to appoint George Skenandore to the
Oneida Police Commission with a term ending July 31, 2029, seconded by Jameson Wilson. Motion
carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
G.
Determine next steps regarding thirteen (13) appointment(s) - On?yote?a?ká ni? i
Standing Committee (01:07:37)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicants and to appoint Ethel Marie Cornelius,
William Cornelius, Katsitsiyo Danforth, Gail Grissman, Michelle Hill, Judith Sprangers, Laura LaitnenWarren, Laura Manthe, Lawrence Roberts II, Anthony Konkol, Dwight Steffes, Kirsten VanDyke, and
Taryn Webster to the On?yote?a?ká ni? i Standing Committee with terms ending December 31, 2027,
seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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H.
Determine next steps regarding three (3) appointments - Pardon and Forgiveness
Screening Committee (01:08:27)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the selected applicant and to appoint Jason Kurowski to the
Pardon and Forgiveness Screening Committee (Community-at-Large, Twenty-five (25+) years of age)
with a term ending August 31, 2026, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
VIII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the June 13, 2024, regular Finance Committee meeting minutes
(01:09:05)
Sponsor: Lawrence Barton, Treasure5)
Motion by Jennifer Webster to accept the June 13, 2024, regular Finance Committee meeting minutes,
seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
2.
Accept the June 27, 2024, regular Finance Committee meeting minutes
(01:15:53)
Sponsor: Lawrence Barton, Treasurer
Motion by Jennifer Webster to accept the June 27, 2024, regular Finance Committee meeting minutes,
seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
B.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the June 19, 2024, regular Legislative Operating Committee meeting
minutes (01:16:16)
Sponsor: Jameson Wilson, Councilman
Motion by Jennifer Webster to accept the June 19, 2024, regular Legislative Operating Committee
meeting minutes, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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IX.
NEW BUSINESS
A.
Approve two (2) requested actions - CDC # 19-007 Boundary Signage (01:16:39)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to approve a procedural exception to forgo Phase II of the CIP process of
routing the CDC Approval Package to various review entities and to approve CDC Approval Package
for CDC # 19-007 Boundary Signage, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
B.
Approve Oneida Comprehensive Health Division to participate with State of WI
Division of Public Health - WI Well Badger Resource Center (01:17:30)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to approve Oneida Comprehensive Health Division to participate with
State of WI Division of Public Health - WI Well Badger Resource Center, seconded by Brandon
Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
C.
Review the Oneida Youth Leadership Institute charter and bylaws and determine
next steps (01:18:13)
Sponsor: Marlon Skenandore, Councilman
Motion by Jennifer Webster to approve the Oneida Youth Leadership Institute charter and bylaws,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
D.
Review the Ultimate Texas Hold'Em Rules of Play and determine next steps
(01:27:44)
Sponsor: Mark A Powless, Sr., Chair/Oneida Gaming Commission
Motion by Jennifer Webster to approve the notice of the Ultimate Texas Hold'Em Rules of Play
approved by the Oneida Gaming Commission on June 19, 2024, and to direct notice to the Gaming
Commission there are no requested revisions under Section 501.6-14(d), seconded by Brandon
Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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E.
Approve an exception to resolution # BC-01-12-22-A and cancel the discussion on
the Executive Session section of the regular meeting agenda scheduled for
August 13, 2024 (01:28:24)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve an exception to resolution # BC-01-12-22-A and cancel the
discussion on the Executive Session section of the regular meeting agenda scheduled for August 13,
2024, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
X.
REPORTS
A.
OPERATIONAL (01:29:13)
1.
Accept the Big Bear Media FY-2024 3rd quarter report (01:29:22)
Sponsor: Mark W. Powless, General Manager
Motion by Brandon Yellowbird-Stevens to accept the Big Bear Media FY-2024 3rd quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
2.
Accept the Comprehensive Health Division FY-2024 3rd quarter report
(01:30:12)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Comprehensive Health Division FY-2024 3rd quarter report,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
3.
Accept the Comprehensive Housing Division FY-2024 3rd quarter report
(01:30:42)
Sponsor: Mark W. Powless, General Manager
Motion by Lawrence Barton to accept the Comprehensive Housing Division FY-2024 3rd quarter
report, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
4.
Accept the Digital Technology Services FY-2024 3rd quarter report (01:46:44)
Sponsor: Mark W. Powless, General Manager
Motion by Brandon Yellowbird-Stevens to accept the Digital Technology Services FY-2024 3rd quarter
report, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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5.
Accept the Education and Training FY-2024 3rd quarter report (02:02:52)
Sponsor: Mark W. Powless, General Manager
Motion by Lawrence Barton to accept the Education and Training FY-2024 3rd quarter report,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
6.
Accept the Environmental, Health, Safety, Land, & Agriculture Division FY-2024
3rd quarter report (02:08:32)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Environmental, Health, Safety, Land, & Agriculture Division
FY-2024 3rd quarter report, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
7.
Accept the Grants FY-2024 3rd quarter report (02:16:13)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Grants FY-2024 3rd quarter report, seconded by Lawrence
Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
8.
Accept the Human Services Division FY-2024 3rd quarter report (02:16:41)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Human Services Division FY-2024 3rd quarter report,
seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
9.
Accept the Public Works Division FY-2024 3rd quarter report (02:17:13)
Sponsor: Mark W. Powless, General Manager
Motion by Brandon Yellowbird-Stevens to accept the Public Works Division FY-2024 3rd quarter
report, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
10.
Accept the Tribal Action Plan FY-2024 3rd quarter report (02:18:38)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to accept the Tribal Action Plan FY-2024 3rd quarter report, seconded by
Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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XI.
GENERAL TRIBAL COUNCIL
A.
PETITIONER LINDSEY BLACKOWL - Accept status updates - petition # 2024-02
1.
Accept the fiscal impact statement status update regarding petition # 2024-02
(02:22:42)
Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer
Motion by Brandon Yellowbird-Stevens to accept the fiscal impact statement status update regarding
petition # 2024-02, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
2.
Accept the statement of effect status update regarding petition # 2024-02
(02:22:42)
Sponsor: Jameson Wilson, Councilman
Motion by Brandon Yellowbird-Stevens to accept the statement of effect status update regarding
petition # 2024-02, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
3.
Accept the legal analysis status update regarding petition # 2024-02 (02:22:42)
Sponsor: Jo Anne House, Chief Counsel
Motion by Brandon Yellowbird-Stevens to accept the legal analysis status update regarding petition #
2024-02, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
XII.
EXECUTIVE SESSION (02:26:39)
A.
REPORTS
1.
Accept the Chief Counsel report (02:28:27)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lawrence Barton to accept the Chief Counsel report, seconded by Jennifer Webster. Motion
carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
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2.
Accept the General Manager report (02:28:59)
Sponsor: Mark W. Powless, General Manager
Motion by Jameson Wilson to accept the General Manager report, seconded by Jennifer Webster.
Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
3.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
July 2024 report (02:29:21)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Jennifer Webster to accept the Intergovernmental Affairs, Communications, and SelfGovernance July 2024 report, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Motion by Jennifer Webster to approve the federal lobbyist contract - PACE, LLP - file # 2024-0715,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Motion by Jennifer Webster to approve the USDA Model Agreement and Model Annual Funding
Agreement - Aware Contract no. A21AV01075 Amendment/Modification No. 0002 - file # 2021-0723,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Motion by Lawrence Barton to approve the Menominee Indian Tribe of Wisconsin - USDA Sub-Award Addendum #2 - file # 2021-0726, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
4.
Accept the Treasurer's June 2024 report (02:30:50)
Sponsor: Lawrence Barton, Treasurer
Motion by Jennifer Webster to accept the Treasurer's June 2024, report, seconded by Jameson
Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 12 of 16
July 24, 2024
Public Packet
36 of 338
DRAFT
B.
AUDIT COMMITTEE
1.
Accept the May 17, 2024, regular Audit Committee meeting minutes (02:31:13)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the May 17, 2024, regular Audit Committee meeting minutes,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
2.
Accept the Mini Baccarat compliance audit and lift the confidentiality
requirement (02:31:32)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the Mini Baccarat compliance audit and lift the confidentiality
requirement, seconded by Lawrence Barton. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
3.
Accept the Bingo Compliance audit and lift the confidentiality requirement
(02:31:50)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the Bingo Compliance audit and lift the confidentiality
requirement, seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
4.
Accept the Drop and Count compliance audit and lift the confidentiality
requirement (02:32:06)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the Drop and Count compliance audit and lift the confidentiality
requirement, seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
C.
NEW BUSINESS
1.
Approve a limited waiver of sovereign immunity - NRT Technologies - file #
2024-0339 (02:32:28)
Sponsor: Louise Cornelius, Gaming General Manager
Motion by Lawrence Barton to approve a limited waiver of sovereign immunity - NRT Technologies file # 2024-0339, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 13 of 16
July 24, 2024
Public Packet
37 of 338
DRAFT
2.
Accept the discussion regarding the Economic Development, Diversification
and Community Development Funds for $400,000 donation for the 2025 NFL
Draft as information (02:32:46)
Sponsor: Justin Nishimoto, Economic Strategy Coordinator
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the Economic Development,
Diversification and Community Development Funds for $400,000 donation for the 2025 NFL Draft as
information, seconded by Jameson Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
3.
Review application(s) for one (1) vacancy - Oneida ESC Group LLC Board of
Managers (02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
Oneida ESC Group LLC Board of Managers vacancy as information, seconded by Jennifer Webster.
Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
4.
Review application(s) for three (3) vacancies - Oneida Election Board Ad Hoc
Committee (02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
Oneida Election Board Ad Hoc Committee vacancies as information, seconded by Jennifer Webster.
Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
5.
Review application(s) for two (2) vacancies - Oneida Nation Arts Board
(02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
Oneida Nation Arts Board vacancies as information, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
6.
Review application(s) for one (1) vacancy - Oneida Nation Veteran Affairs
Committee (02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application for the
Oneida Nation Veteran Affairs Committee vacancy as information, seconded by Jennifer Webster.
Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 14 of 16
July 24, 2024
Public Packet
38 of 338
DRAFT
7.
Review application(s) for five (5) vacancies - Oneida Personnel Commission
(02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
Oneida Personnel Commission vacancies as information, seconded by Jennifer Webster. Motion
carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
8.
Review application(s) for one (1) vacancy - Oneida Police Commission
(02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
Oneida Police Commission vacancy as information, seconded by Jennifer Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
9.
Review application(s) for thirteen (13) vacancies - On?yote?a?ká ni? i Standing
Committee (02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
On?yote?a?ká ni? i Standing Committee vacancies as information, seconded by Jennifer Webster.
Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
10.
Review application(s) for three (3) vacancies - Pardon and Forgiveness
Screening Committee (02:33:12)
Sponsor: Lisa Liggins, Secretary
Motion by Brandon Yellowbird-Stevens to accept the discussion regarding the application(s) for the
Pardon and Forgiveness Screening Committee vacancies as information, seconded by Jennifer
Webster. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
11.
Review draft recommendations for the September 8, 2024, special General
Tribal Council meeting and determine next steps (02:33:57)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to accept the discussion regarding the draft recommendations for the
September 8, 2024, special General Tribal Council meeting as information, seconded by Jameson
Wilson. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Oneida Business Committee
Regular Meeting Minutes
Page 15 of 16
July 24, 2024
Public Packet
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DRAFT
12.
Discuss Community Concern and determine next steps (02:34:23)
Sponsor: Floyd Silas Sr.
Motion by Lawrence Barton to accept the discussion on the Community Concern as information,
seconded by Brandon Yellowbird-Stevens. Motion carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
13.
Approve a limited waiver of sovereign immunity - Wolters Kluwer-UpToDate
Inc. Subscription - file # 2024-0508 (02:34:44)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to approve a limited waiver of sovereign immunity - Wolters KluwerUpToDate Inc. Subscription - file # 2024-0508, seconded by Brandon Yellowbird-Stevens. Motion
carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
XIII.
ADJOURN (02:35:07)
Motion by Jameson Wilson to adjourn at 11:06 a.m., seconded by Brandon Yellowbird-Stevens. Motion
carried:
Ayes:
Lawrence Barton, Jennifer Webster, Jameson Wilson, Brandon
Yellowbird-Stevens
Not Present:
Jonas Hill, Lisa Liggins, Kirby Metoxen, Marlon Skenandore
Minutes prepared by Bonnie Pigman, Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 16 of 16
July 24, 2024
Public Packet
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Adopt resolution entitled 2023 ITBC Herd Development Grant Application Support
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. Session:
܈Open ܆Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
܆Accept as information; OR
Support a resolution for an application to the InterTribal Buffalo Council
4. Areas potentially impacted or affected by this request:
܆Finance
܆Law Office
܆Gaming/Retail
܈Other: The Oneida Farm
܆Programs/Services
܆DTS
܆Boards, Committees, or Commissions
5. Additional attendees needed for this request:
Mark W. Powless, General Manager
Eric McLester, Env Hlth Saf Land & Ag Division Director
Vanessa Miller, Food & Ag Area Manager
Name, Title/Entity OR Choose from List
Revised: 08/25/2023
Page 1 of 2
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6. Supporting Documents:
܆Bylaws
܆Fiscal Impact Statement
܆Contract Document(s) ܆Law
܆Correspondence
܆Legal Review
܆Draft GTC Notice
܆Minutes
܆Draft GTC Packet
܆MOU/MOA
܆E-poll results/back-up ܆Petition
܈Other: Agenda Request Memo
܆Presentation
܆Report
܈Resolution
܆Rule (adoption packet)
܆Statement of Effect
܆Travel Documents
7. Budget Information:
܆Budgeted – Tribal Contribution
܈Unbudgeted
܆Other: Describe
8. Submission:
܆Budgeted – Grant Funded
܆Not Applicable
Authorized Sponsor:
Digitally signed by Mark W.
Powless
Date:
2024.07.24
Name, Title/Entity OR Choose
from
List 16:44:39 -05'00'
Primary Requestor:
(Name, Title/Entity)
Revised: 08/25/2023
Mark W. Powless
Page 2 of 2
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Date: July 24, 2024
To:
BC Agenda Request
From: Donald Miller, Grants Office
Re:
Resolution - “FY 2023 Herd Development Grant”
______________________________________________________________________________
Good day,
Annually the InterTribal Buffalo Council (ITBC) offers grant opportunities to its members. These
grants can vary from $19,500 to $75,000. The Oneida Nation has applied for and received these
grants every year and the funding from this program has been used to expand the farm, buy
equipment and conduct farm repairs.
As part of their granting process the ITBC requires that each applicant provide a resolution from
their governing body to demonstrate their Tribe’s support for the ITBC and the herd
development program.
Please see the attached resolution.
If there are further questions, please contact:
Don Miller
920-496-7329
Dmiller1@oneidanation.org
Public Packet
GRANT PROPOSAL AUTHORIZATION FORM
43 of 338
ONEIDA GRANTS OFFICE
PH: (920) 496-7330
FAX: (920) 496-7494
Form instructions: Fill in all information requested. To enter data in the grey areas; a drop down called “form field option”
box will appear. In the “items drop-down list” click on which one you want; then click on the “up” arrow move it to the top
and click on ok. In the reporting area: Double click on the box you want to put an “x” in. A “check box form field” box will
appear, in “under default value” click on “checked” then ok.
PROGRAM INFORMATION
Department:
Oneida Nation Farm,
Division/Non-Division: LHSL & AG
Program: Buffalo Herd Development
Program Accountant: Christine Anderson
Person Responsible for proposal development: Thomas Swiecichowski
Phone: (920) 833-7952
Person Responsible for grant administration: Thomas Swiecichowski
Phone: (920) 833-7952
Project Title:
Oneida Nation Herd Development Project
GRANT INFORMATION
Type (pick one): Foundation
Name of Funding Source: InterTribal Buffalo Council
Title of Grant:
CFDA No: N/A
2023 Herd Development Grant
Application Deadline: August 31, 2024
Maximum Grant Amount: $100,000.00
Project Period (dates):
Budget Period (dates):
10/1/24 – 9/30/25
10/1/24 – 9/30/25
Maximum Match Requested (% or $): N/A
Type of Project (pick one): Continuing
Match Type (pick one): None
Is a Tribal resolution required? If yes, please notify Grants Office immediately.
Yes
Will this grant create a: New position No Committee No Commission No Board No
If Yes to new position has HRD been informed? No
If Yes to any of above, has MIS been informed for computer needs? No
If Yes to any of above, has Facilities Management been informed for space needs? No
Will this grant fund an existing position? No
Name of Position(s):
If YES, attach draft job description for all grant funded positions.
PLEASE NOTE: Position/employee will be phased out when grant funding ends.
1
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Project Proposal Summary (must answer all these questions): The purpose, benefit(s), where is the
match coming from, are there any other programs collaborating, travel justification, position justification, or
pertinent information: The Purpose of this grant is to support the continued development of the
Oneida Buffalo herd. The grant requires no match and will not affect Tribal contribution.
List any capital expenditures (cap ex), technology expenses & CIP purchases (NOTE: Must follow the
appropriate Cap ex, CIP or Technology SOP for each purchase request.): NONE
Vendors: Verified that Vendors contracted with are NOT suspended/debarred: Yes X No
NA
Reporting:
Quarterly
Yearly X
Semi-Annually
Narrative
Financial
SIGNATURES
Your signature authorizes the person responsible for proposal development to work with the Grants
Office when applying for funding and acknowledges your responsibility to successfully administer all
requirements of this grant throughout the project period and budget period.
7/24/2024
1. Supervisor Signature
Date
SIGNATURE VERIFIES & APPROVES ANY MATCH
7/24/24
2. Division/Non-Division Director Signature
Date
SIGNATURE APPROVES GRANT PROJECT & ANY MATCH
7/24/2024
3. Grants Office Signature
Date
FINAL SIGNATURE PRIOR TO OBTAINING OBC SIGNATURES
Revised: 4/22/2021
GO-001
2
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # 08-14-24-X
2023 ITBC Herd Development Grant Application Support
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation has determined that the overall goal of the Oneida Nation is to protect,
maintain and improve the standard of living and the environment in which the Oneida
people live; and
WHEREAS,
the Oneida Buffalo Herd Development Project promotes food sovereignty and self
sufficiency and is an integral component of the Oneida Community Integrated Food
System (OCIFS) because it provides high quality, hormone-free, traditional bison
meat products for the improved health and well-being of the Oneida Community; and
WHEREAS,
the Oneida Nation is committed to maintaining long-term support for the Oneida
Buffalo Herd Development Project; and
WHEREAS,
the Oneida Business Committee has on several occasions in the past, on behalf of the
Oneida Nation, expressed their support through resolutions for similar grant
applications and the lnterTribal Buffalo Council; and
NOW THEREFORE BE IT RESOLVED, that the Oneida Nation authorizes and supports the Oneida Farm's
submission of a grant application to the lnterTribal Buffalo Council for the purposes of restoring and
supporting the Oneida Buffalo Herd Development Project in a manner that is culturally, ecologically and
economically self-sustaining, and supportive of the Oneida Nations nutritional goals and community health.
The official Tribal representative to the lnterTribal Buffalo Council shall be Thomas Swiecichowski, Oneida
Farm Manager and his alternate shall be Vanessa Miller, Food & Agricultural Area Manager.
PLEASE NOTE:
1.
DO NOT include the Certification. The Certification includes the voting record and Secretary
signature line and will be added after the adoption of the resolution.
2.
If resolution runs to 2 or more pages, make sure to update the header with the TITLE
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Adopt resolution entitled Submission of ISDEAA Section 105(l) Lease Proposals to the Department of...
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. Session:
☒ Open ☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☐ Accept as information; OR
Adopt resolution entitled Submission of ISDEAA Section 105(l) Leases to Department of
Interior
4. Areas potentially impacted or affected by this request:
☒ Finance
☐ Law Office
☐ Gaming/Retail
☐ Other: Describe
☒ Programs/Services
☐ DTS
☐ Boards, Committees, or Commissions
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 08/25/2023
Page 1 of 2
Public Packet
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6. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☒ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☒ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
Melinda J. Danforth, Intergovernmental Affairs Director
Primary Requestor:
Brandon Wisneski, Self-Governance Manager
Revised: 08/25/2023
Page 2 of 2
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Memorandum
To:
Oneida Business Committee
From: Brandon Wisneski, Self-Governance Manager
Date: 8/14/2024
Re:
Adoption of Resolution entitled Submission of ISDEAA Section 105(l) Lease Proposals to
the Department of Interior
Presented for the Business Committee’s consideration is a resolution authorizing submission of
ISDEAA Section 105(l) lease funding proposals to the Department of Interior. The purpose of
adopting the resolution and submitting 105(l) lease proposals is to secure additional federal
funding for the Nation.
Under Section 105(l) of the Indian Self Determination and Education Assistance Act (ISDEAA)
Public Law 93-638, the Secretary of Interior is required to enter into a lease with a tribe, upon the
tribe’s request, for a facility the tribe uses to carry out the tribe’s responsibilities under a contract
or compact, commonly referred to as a “105(l) lease.”
The 105 (l) leases are not traditional leases. They are facility cost agreements that compensate
Tribes for facility operational expenses associated with using a facility to administer ISDEAA
contracted/compacted services. 105(l) leases do not grant right of entry to the Department of
Interior.
Once negotiated, 105(l) leases are renewable annually so long as the Nation continues to use the
facility to deliver compacted programs, services, functions or activities (PSFAs). The 105(l) leases
will provide a new, annual source of federal funding to support the Nation’s facility expenses and
delivery of the Nation’s programs to our community.
Oneida Nation is a Title IV Self-Governance tribe with a compact and funding agreement with the
Department of Interior under the ISDEAA. The Nation may submit 105(l) lease proposals for any
of the Nation’s facilities (or portion of facilities) that meet the following requirements:
•
•
•
The Nation holds title to, a leasehold interest in, or a trust interest in a specific facility;
The Nation is using the facility to administer and deliver services under an approved
ISDEAA 638 compact or contract or 297 grant;
The Programs, Functions, Services, and Activities (PFSAs) that the Tribe is conducting in
the facility must be in an approved Self-Governance or Self-Determination
contract/compact or 297 grant.
Page 1 of 2
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The Nation has had 105(l) leases in place with the Indian Health Service for its healthcare facilities
since FY2019. Pursuing 105(l) leases through Department of Interior for the Nation’s BIAcompacted programs will bring in an additional source of federal funding that the Nation is entitled
to under federal law.
The Office of Self-Governance is working with the Nation’s departments to identify eligible
facilities, gather required documentation, and develop proposal packages for submission to the
Department of Interior. One of the required documents the Nation must submit with its lease
proposals is a tribal resolution. This resolution is presented today for the Oneida Business
Committee’s consideration.
Once the terms and compensation for each lease proposal have been negotiated between the Nation
and Department of Interior, the 105(l) leases for each facility will be presented to the Oneida
Business Committee for consideration and approval.
Requested Action:
Adopt resolution entitled Submission of ISDEAA Section 105(l) Lease Proposals to
Department of Interior
25 CFR Part 900 Subpart H (up to date as of 8/01/2024)
Public
Packet
Lease of Tribally-Owned Buildings by the Secretary
25 CFR Part 900 Subpart H (Aug.
1, 2024)
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of 338
This content is from the eCFR and is authoritative but unofficial.
Title 25 —Indians
Chapter V —Bureau of Indian Affairs, Department of the Interior, and Indian Health Service,
Department of Health and Human Services
Part 900 —Contracts Under the Indian Self-Determination and Education Assistance Act
Authority: 25 U.S.C. 450f et seq.
Source: 61 FR 32501, June 24, 1996, unless otherwise noted.
Subpart H Lease of Tribally-Owned Buildings by the Secretary
§ 900.69 What is the purpose of this subpart?
§ 900.70 What elements are included in the compensation for a lease entered into between the
Secretary and an Indian tribe or tribal organization for a building owned or leased by the
Indian tribe or tribal organization that is used for administration or delivery of services
under the Act?
§ 900.71 What type of reserve fund is anticipated for funds deposited into a reserve for
replacement of facilities as specified in § 900.70(c)?
§ 900.72 Who is the guardian of the fund and may the funds be invested?
§ 900.73 Is a lease with the Secretary the only method available to recover the types of cost
described in § 900.70?
§ 900.74 How may an Indian tribe or tribal organization propose a lease to be compensated for
the use of facilities?
Editorial Note: Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.
Subpart H—Lease of Tribally-Owned Buildings by the Secretary
§ 900.69 What is the purpose of this subpart?
Section 105(l) of the Act requires the Secretary, at the request of an Indian tribe or tribal organization, to enter into a
lease with the Indian tribe or tribal organization for a building owned or leased by the tribe or tribal organization that
is used for administration or delivery of services under the Act. The lease is to include compensation as provided in
the statute as well as “such other reasonable expenses that the Secretary determines, by regulation, to be
allowable.” This subpart contains requirements for these leases.
§ 900.70 What elements are included in the compensation for a lease entered into between the
Secretary and an Indian tribe or tribal organization for a building owned or leased by the Indian
tribe or tribal organization that is used for administration or delivery of services under the Act?
To the extent that no element is duplicative, the following elements may be included in the lease compensation:
(a) Rent (sublease);
25 CFR 900.70(a) (enhanced display)
page 1 of 3
25 CFR Part 900 Subpart H (up to date as of 8/01/2024)
Public
Packet
Lease of Tribally-Owned Buildings by the Secretary
25 CFR 900.70(b)
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(b) Depreciation and use allowance based on the useful life of the facility based on acquisition costs not
financed with Federal funds;
(c) Contributions to a reserve for replacement of facilities;
(d) Principal and interest paid or accrued;
(e) Operation and maintenance expenses, to the extent not otherwise included in rent or use allowances,
including, but not limited to, the following:
(1) Water, sewage;
(2) Utilities;
(3) Fuel;
(4) Insurance;
(5) Building management supervision and custodial services;
(6) Custodial and maintenance supplies;
(7) Pest control;
(8) Site maintenance (including snow and mud removal);
(9) Trash and waste removal and disposal;
(10) Fire protection/fire fighting services and equipment;
(11) Monitoring and preventive maintenance of building structures and systems, including but not limited
to:
(i)
Heating/ventilation/air conditioning;
(ii) Plumbing;
(iii) Electrical;
(iv) Elevators;
(v) Boilers;
(vi) Fire safety system;
(vii) Security system; and
(viii) Roof, foundation, walls, floors.
(12) Unscheduled maintenance;
(13) Scheduled maintenance (including replacement of floor coverings, lighting fixtures, repainting);
(14) Security services;
(15) Management fees; and
(16) Other reasonable and necessary operation or maintenance costs justified by the contractor;
(f) Repairs to buildings and equipment;
25 CFR 900.70(f) (enhanced display)
page 2 of 3
25 CFR Part 900 Subpart H (up to date as of 8/01/2024)
Public
Packet
Lease of Tribally-Owned Buildings by the Secretary
25 CFR 900.70(g)
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(g) Alterations needed to meet contract requirements;
(h) Other reasonable expenses; and
(i)
The fair market rental for buildings or portions of buildings and land, exclusive of the Federal share of
building construction or acquisition costs, or the fair market rental for buildings constructed with Federal
funds exclusive of fee or profit, and for land.
§ 900.71 What type of reserve fund is anticipated for funds deposited into a reserve for
replacement of facilities as specified in § 900.70(c)?
Reserve funds must be accounted for as a capital project fund or a special revenue fund.
§ 900.72 Who is the guardian of the fund and may the funds be invested?
(a) The Indian tribe or tribal organization is the guardian of the fund.
(b) Funds may be invested in accordance with the laws, regulations and policies of the Indian tribe or tribal
organization subject to the terms of the lease or the self-determination contract.
§ 900.73 Is a lease with the Secretary the only method available to recover the types of cost
described in § 900.70?
No. With the exception of paragraph (i) in § 900.70, the same types of costs may be recovered in whole or in part
under section 106(a) of the Act as direct or indirect charges to a self-determination contract.
§ 900.74 How may an Indian tribe or tribal organization propose a lease to be compensated for
the use of facilities?
There are three options available:
(a) The lease may be based on fair market rental.
(b) The lease may be based on a combination of fair market rental and paragraphs (a) through (h) of §
900.70, provided that no element of expense is duplicated in fair market rental.
(c) The lease may be based on paragraphs (a) through (h) of § 900.70 only.
25 CFR 900.74(c) (enhanced display)
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ISDEAA 105(l) Facility Lease
Guidebook Overview
2024
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105(l) Guidebook Overview
(ISDEAA) Section 105(l)
Eligibility Requirements
Types of Compensation
How to Start the Process
Required Documents
Lease Terms & Renewals
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Indian Self Determination and Education Assistance Act (ISDEAA)
The act is statutory and , upon request of a tribe or tribal organization,
requires the Secretaries of the Department of the Interior and the
Department of Health and Human Services, to enter into a facility lease
agreement for certain facilities used for the provision (PFSAs) assumed
under ISDEAA.
Programs, Functions, Services, or Activities (PFSAs)
3
What is a 105(l) Facility Lease?
Chapter 1
They are not traditional leases.
They are facility cost agreements that compensate the Tribes for
facility operational expenses associated with using the facility to
administer (ISDEAA) contracted/compacted services.
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2
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The Tribe’s Considerations
Types of Compensation
Tribe must hold title to the facility; or
Fair Market Rental
A leasehold interest in the facility; or
Cost Elements listed in 25 CFR
Section 900.70 (a) – (h) only
A trust interest in the facility
The facility must be occupied, the space
must be used for a qualified program
function or activity, and the PFSA must be
in an approved ISDEAA Self‐Determination
contract, Self‐Governance compact, or
Public Law 100‐297 grant.
Combination of Fair Market
Value and Cost Elements
Chapters 1 and 3
Chapter 1
Eligibility
* Costs included in compensation must
be reasonable and not duplicative.
5
Cost Elements listed in 25 CFR Section 900.70 (a) – (h) only
Chapters 1 and 3
To the extent that no element is duplicative, the following elements may be included:
(a) Rent (sublease).
(b) Depreciation of the useful life of the facility based on acquisition costs not financed with federal funds.
(c) Contributions to a reserve for replacement of facilities.
(d) Principal and interest paid or accrued.
(e) Operation and maintenance expenses, to the extent not otherwise included in rent or use allowances.
(f) Repairs to buildings and facility equipment (no furnishings or office equipment).
(g) Alterations that are needed to meet program requirements (Tenant improvements).
(h) Other reasonable expenses (Tribe must provide written justification).
6
3
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Chapter 2
How to Start the Process
On Tribal letterhead, submit a letter of intent to ISDEAA105L@BIA.GOV
The letter of intent should include:
‐ Identify each facility, including the address.
‐ List the approved ISDEAA PFSAs in each facility.
‐ The type of compensation the Tribe is seeking.
‐ A statement of ownership interest.
‐ Identify whether the Tribe operates on fiscal or calendar year.
7
Chapter 3
Required Documents
Proof of ownership (Title, Deed, Trust Interest, Rental Agreement).
Certificate of occupancy.
Recent photos of the facility’s interior and exterior.
Fair market rental appraisal/analysis (FMRA) and or proof of actual cost.
Floor plans that clearly identify all spaces and types of use.
Financial certification.
Tribal resolution.
8
4
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Floor Plan Example
PFSA
PFSA
PFSA
Shared Space
PFSA
9
Approval and
Execution
Chapter 6
Draft and Review
Chapters 5‐6
Proposal
Chapters 1‐2
Lease Process Overview
• Determine eligibility (PFSAs must be in the current funding agreement).
• Determine the method of compensation.
• Tribe submits letter of intent to ISDEAA105L@BIA.GOV
•
•
•
•
IA verifies that the PFSAs qualify based on the Tribe’s current funding agreement.
IA reviews submitted documents, confirming they meet requirements.
IA provides(Technical Assistance) as needed.
Tribe reviews the draft lease and confirms that the terms are agreeable.
• Surnaming/Legal sufficiency review
• Final lease execution and funding
10
5
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Lease Terms and Renewals
Initial lease is prorated beginning upon receipt of approved letter of intent.
Chapters 6 ‐ 7
Lease is incorporated into the ISDEAA 638 contract, compact, or 297 grant.
Lease Renewals:
renewal requests must be received 90 days before lease expiration.
All renewals are for a full calendar year or fiscal year.
Terms may be renegotiated at renewal (space, method of compensation).
11
The Path Forward
All correspondence needs to go through ISDEAA105L@BIA.GOV
The guidebook, presentation slides, and sample templates are posted at:
https://www.bia.gov/as‐ia/ofpsm/otl
The 105(l) team will provide technical assistance as needed.
The 105(l) team will coordinate with IHS to ensure no overlaps.
12
6
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Thank You!
www.indianaffairs.gov
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # 08-14-24-X
Submission of ISDEAA Section 105(l) Lease Proposals to the Department of Interior
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Oneida Nation is a Title IV Self-Governance tribe and operates facilities under a
compact entered into under the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.); and
WHEREAS,
federal law requires the Secretary of the U.S. Department of the Interior to enter into a
lease agreement with a tribe proposing a lease pursuant to Section 105(l) of Public Law
93-638, as amended (codified at 25 U.S.C. § 5324(l)), with such lease compensation as
calculated in accordance with 25 C.F.R. Part 900 Subpart H (beginning at 25 C.F.R. §
900.69); and
NOW THEREFORE BE IT RESOLVED, the Nation’s Self-Governance Manager is authorized to submit
lease proposals to the U.S. Department of the Interior for the following facilities pursuant to Public Law 93638:
• Department of Public Works, located at W1278 Ranch Road, Oneida, WI 54155
• Farm Office, located at N6034 County Road C, Seymour, WI 54165
• Farm Outbuildings, located at N6034 County Road C, Seymour, WI 54165
• Groundskeeping Facility – 1237 Flightway Dr, located at 1237 Flightway Drive, De Pere, WI
54115
• Groundskeeping Facility – 1239 Flightway Dr, located at 1239 Flightway Drive, De Pere, WI
54115
• Groundskeeping Facility – Amelia Cornelius Park, located at 3263 Goose Road, Green Bay,
WI 54313
• Groundskeeping Facility – Freedom Road, located at N5901 County Rd E, De Pere, WI 54115
• Land Management Office, located at 470 Airport Drive, Oneida, WI 54155
• Little Bear Development Center, located at N7332 Water Circle Place, Oneida, WI 54155
• Norbert Hill Center, located at N7210 Seminary Road, Oneida, WI 54155
• Oneida Aging and Disability Services, located at 2907 S Overland Road, Oneida WI 54155
• Oneida Apple Orchard, located at 3976 W Mason Street, Oneida, WI 54155
• Oneida Community Education Center, located at 2632 Packerland Drive, Green Bay, WI 54313
• Oneida Comprehensive Housing Office, located at 2913 Commissioner Street, Oneida, WI
54155
• Oneida Nation Judiciary Center, located at 2630 West Mason Street, Green Bay, WI 54303
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BC Resolution # 08-14-24-X
Submission of ISDEAA Section 105(l) Lease Proposals to the Department of Interior
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Oneida Nation Law Enforcement Center, located at 2738 Freedom Road, Oneida, WI 54155
Oneida Police Department Storage Facility, located at 641 Airport Drive, Oneida, WI 54155
Ridgeview Plaza - Suites 1, 2 & 3, located at 3759 West Mason Street, Oneida, WI 54155
Skenandoah Complex, located at 909 Packerland Drive, Green Bay, WI 54303
Social Services Building, located at 2640 West Point Road, Green Bay, WI 54304
Three Sisters Head Start, located at 2801 West Mason Street, Green Bay, WI 54304
Tsyunhehkwa Agriculture, located at N139 Riverdale Drive, Oneida, WI 54155
NOW THEREFORE BE IT FURTHER RESOLVED, the Nation’s Self-Governance Manager is authorized
to negotiate said lease agreements and to take all measures necessary to implement said lease
agreements for fiscal year 2024 and subsequent lease periods for which funds are available; and
NOW THEREFORE BE IT FURTHER RESOLVED, the Nation’s Chairperson is authorized to execute said
lease agreements for fiscal year 2024 and subsequent lease periods for which funds are available; and
NOW THEREFORE BE IT FINALLY RESOLVED, the Nation’s Chief Financial Officer is hereby designated
as the appropriate official to verify the information provided by the Nation for purposes of calculating lease
compensation under Section 105(l) of Public Law 93-638, and is hereby authorized to attest as to the
accuracy of such.
PLEASE NOTE:
1.
DO NOT include the Certification. The Certification includes the voting record and Secretary
signature line and will be added after the adoption of the resolution.
2.
If resolution runs to 2 or more pages, make sure to update the header with the TITLE
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Accept the July 11, 2024, regular Finance Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☒ Accept as information; OR
Accept the FC Minutes for 7/11/24 & E-Poll
4. Areas potentially impacted or affected by this request:
☒ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: All areas that require FC
☐ Programs/Services
☐ DTS
☒ Boards, Committees, or Commissions
approval
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 04/25/2023
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6. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☒ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
Lawrence Barton, Treasurer
Primary Requestor:
Melissa Alvarado, Office Manager
Revised: 04/25/2023
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INTERNAL MEMORANDUM
TO:
FINANCE COMMITTEE
FROM:
MELISSA ALVARADO, OFFICE MANAGER
SUBJECT: E-POLL RESULTS – FC MINUTES OF JULY 11, 2024
DATE:
07/11/24
___________________________________________________________________________________________________________
An E-Poll vote of the Finance Committee was conducted to approve the Finance
Committee meeting minutes of July 11, 2024. The E-Poll and minutes were sent out
today July 11, 2024 and concluded today. The results of the completed E-Poll are as
follows:
E-POLL RESULTS:
The r e w a s a Ma jo rit y of 4 F C m em b e r s v o t i n g t o a p p ro ve t h e Ju l y 1 1 , 2 0 24
Fin an ce Com mit t e e Me et ing Mi nut es . F C M em be r s vo t ing inc lud ed:
RaL ind a
N inh am - La mbe r ie s,
L i sa
L igg i ns,
Jon a s
Hi ll ,
and
Louise
Co rn e li u s .
These Finance Committee Minutes of July 11, 2024 will be placed on the next Finance
Committee agenda to acknowledge this E-Poll action. Per the FC By-Laws all Minutes of
the FC will be submitted to the Secretary’s Office once a month for BC acceptance.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
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Accept the July 25, 2024, regular Finance Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☒ Accept as information; OR
Accept the FC Minutes for 7/25/24 & E-Poll
4. Areas potentially impacted or affected by this request:
☒ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: All areas that require FC
☐ Programs/Services
☐ DTS
☒ Boards, Committees, or Commissions
approval
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 04/25/2023
Page 1 of 2
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6. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☒ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
Lawrence Barton, Treasurer
Primary Requestor:
Melissa Alvarado, Office Manager
Revised: 04/25/2023
Page 2 of 2
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INTERNAL MEMORANDUM
TO:
FINANCE COMMITTEE
FROM:
MELISSA ALVARADO, OFFICE MANAGER
SUBJECT: E-POLL RESULTS – FC MINUTES OF JULY 25, 2024
DATE:
07/25/24
___________________________________________________________________________________________________________
An E-Poll vote of the Finance Committee was conducted to approve the Finance
Committee meeting minutes of July 25, 2024. The E-Poll and minutes were sent out
July 25, 2024 and concluded today. The results of the completed E-Poll are as follows:
E-POLL RESULTS:
The r e w a s a Ma jo rit y of 4 F C m em b e r s v o t i n g t o a p p ro ve t h e Ju l y 2 5 , 2 0 24
Fin an ce Com mit t e e Me et ing Mi nut es . F C M em be r s vo t ing inc lud ed:
RaL ind a N inh a m- L a mbe r ie s, J enn if e r W eb st e r , Ch ad F us s, and S ar ah
Wh it e .
These Finance Committee Minutes of July 25, 2024 will be placed on the next Finance
Committee agenda to acknowledge this E-Poll action. Per the FC By-Laws all Minutes of
the FC will be submitted to the Secretary’s Office once a month for BC acceptance.
Finance Administration Office
Phone: 920- 869-4325
FAO@oneidanation.org
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Adopt Landlord-Tenant Law Rule # 2 - Income Based Rental Program Eligibility, Selection and Other...
Business Committee Agenda Request
1. Meeting Date Requested:
08/14/24
2. Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
3. Requested Motion:
☐ Accept as information; OR
Consider the adoption of amendments to the Landlord-Tenant Law Rule No. 2 - – Income Based
Rental Program Eligibility, Selection and Other Requirements.
4. Areas potentially impacted or affected by this request:
☐ Finance
☐ Law Office
☐ Gaming/Retail
☒ Other: Comprehensive Housing
☐ Programs/Services
☐ MIS
☐ Boards, Committees, or Commissions
Division
5. Additional attendees needed for this request:
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Name, Title/Entity OR Choose from List
Revised: 04/25/2023
Page 1 of 2
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6. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☒ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
7. Budget Information:
☐ Budgeted – Tribal Contribution
☐ Unbudgeted
☐ Other: Describe
☐ Budgeted – Grant Funded
☒ Not Applicable
8. Submission:
Authorized Sponsor:
Jameson Wilson, Councilmember
Primary Requestor:
Clorissa N. Leeman, LRO Senior Staff Attorney
Revised: 04/25/2023
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
Jameson Wilson, Legislative Operating Committee Chairman
August 1, 2024
Certification of Amendments to the Landlord-Tenant Law Rule No. 2 – Income
Based Rental Program Eligibility, Selection and Other Requirements
The Legislative Operating Committee reviewed the certification packet provided for the
amendments to the Landlord-Tenant Law Rule No. 2 – Income Based Rental Program Eligibility,
Selection and Other Requirements (“Rule”). The Legislative Operating Committee is responsible
for certifying a proposed rule after determining the authorized agency has complied with the
requirements for certification stated in section 106.7-2 of the Administrative Rulemaking law, and
forwarding the rule to the Oneida Business Committee for consideration of adoption. [1 O.C.
106.7-3].
Certification by the Legislative Operating Committee means:
The certification packet provided by the Comprehensive Housing Division and Oneida
Land Commission for the Rule contained all documentation required by the
Administrative Rulemaking law for a complete administrative record;
The promulgation of the amendments to the Rule complied with the procedural
requirements contained in the Administrative Rulemaking law; and
The amendments to the Rule did not exceed the rulemaking authority granted under the
law for which the Rule is being promulgated. [1 O.C. 106.7-2].
The Legislative Operating Committee certified the Rule on August 1, 2024, finding good
cause under section 106.7-1(a) of the Administrative Rulemaking law to certify the Rule,
despite being presented for certification outside of the time limits allowed by Law upon
closure of the public comment period. [1 O.C. 106.7-1(a)].
The purpose of the Rule is to provide additional eligibility requirements, selection procedures and
general requirements that govern the Comprehensive Housing Division’s income-based rental
programs. [Rule 2.1-1]. The mission of the income-based housing program is to develop, maintain,
and operate affordable housing in safe, sanitary, and healthy environments within the reservation.
Id.
The Rule provides that pursuant to the Native American Housing Assistance and Self
Determination Act (NAHASDA), in order to be eligible for an income-based rental agreement, the
household must qualify as low income at the time of initial occupancy. [Rule 2.4-2]. The Rule
further provides that in order to qualify as low-income, applicants’ household income may not
exceed eighty percent (80%) of the regional gross annual income based on the data from
Outagamie County. Id.
The proposed amendments to the Rule remove the provisions on how the Comprehensive Housing
Division calculates income, and instead provides that the Comprehensive Housing Division shall
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calculate income in accordance with 24 CFR § 5.609 and shall provide the effective language to
the Legislative Reference Office to be published as Appendix 01 to this Rule so that applicable
income calculations are publicly available on the Oneida Register. [Rule 2.4-2].
The Rule was developed in accordance with the Landlord-Tenant law, which was adopted for
purposes of provide mechanisms for protecting the rights of the landlords and tenants of the
Nation’s rental programs. [6 O.C. 611.1-1]. The Landlord-Tenant law (“the Law”) confers
administrative rulemaking authority to the Comprehensive Housing Division and the Oneida Land
Commission as authorized by the Administrative Rulemaking law. [6 O.C. 611.4]. The Law states
that the Comprehensive Housing Division shall provide residential rental programs to low-income
members of the Nation and their families. [6 O.C. 611.4-1(b)]. The Oneida Land Commission and
the Comprehensive Housing Division are required to jointly establish rules naming said programs
and providing the specific requirements and regulations that apply to each program. [6 O.C. 611.41]. Additionally, the Land Commission and the Comprehensive Housing Division are required to
jointly develop rules governing the selection of applicants for the issuance of rental agreements.
[6 O.C. 611.4-3]. The Law also provides where such rental requirements relate solely to premises
administered pursuant to federal funding, the Comprehensive Housing Division has sole authority.
[6 O.C. 611.3-1(g)]. Accordingly, the Comprehensive Housing Division has sole rulemaking
authority for these rules.
The amendments to the Rule are now ready to be considered by the Oneida Business Committee
for adoption. The amendments to the Rule would become effective immediately upon adoption by
the Oneida Business Committee in accordance with section 106.9-1 of the Administrative
Rulemaking law.
Requested Action
Consider the adoption of amendments to the Landlord-Tenant Law Rule No. 2 – Income Based
Rental Program Eligibility, Selection and Other Requirements.
Page 2 of 2
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Comprehensive Housing Division
Income Based & General Rental Housing Programs
MEMORANDUM
TO:
Legislative Operating Committee
FROM:
Lisa Rauschenbach, CHD Director
Krystal John, OLO Staff Attorney
DATE:
July 2, 2024
SUBJECT:
Request for Certification of Procedural Compliance
Landlord-Tenant Rule No. 2 – Income Based Rental Program Eligibility, Selection and
Other Requirements
The Comprehensive Housing Division, as defined in the Landlord Tenant law, is exercising its rulemaking authority to
revise Rule No. 2 – Income Based Rental Program Eligibility, Selection and Other Requirements to align with Code of
Federal Regulations (CFR 24 Part 5.609) that has redefined the definition of household income used for federally funded
housing programs.
In accordance with the Administrative Rulemaking law, a public meeting was held for this rule on December 13, 2023,
for which the comment period expired on December 20, 2023.
The following attachments are included for your review:
1. Rule No. 2 – Income Based Rental Program Eligibility, Selection and Other Requirements
2. Comprehensive Housing Division (Oneida Housing Authority) Approval
3. Summary Report
4. Public Meeting Notice
5. Copy of Public Meeting Published in the Kalihwisaks – Page 31 of the December 2023 issue.
6. Public Meeting Sign-in Sheet
7. Public meeting transcription from the December 13, 2023, Public Meeting
8. Public Meeting Comment Memorandum
Following certification, this rule shall become effective immediately.
I understand that pursuant to the Administrative Rulemaking Law there are requirements for bringing the request for
certification forward within 6 months of the public meeting unless otherwise approved by the Oneida Business
Committee and that the timeline for that expired June 20, 2024. There was a misunderstanding that occurred between
CHD staff and the Oneida Law Office wherein each party thought the other had submitted the certification materials for
LOC’s consideration in January/February, which was well within the 6 month time period allowed by the law.
CHD and the Oneida Law Office are hereby requesting that the OBC consider adopting this rule without requiring an
additional public meeting for the following reasons:
1. There was little to no public interest/comments received during the first round of public comments and CHD has
not heard any concerns outside of the comment period;
2. The revisions are NOT DISCRETIONARY. The changes to the rule are required to be made to comply with changes
in federal HUD regulations regarding how income calculated for income-based housing where federal funding
subsidizes the cost of housing. The changes in the federal rules became effective January 1, 2024.
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Please contact Lisa Rauschenbach, CHD Director, with any questions you may have or if any additional information is
required.
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NOTICE OF
PUBLIC MEETING
TO BE HELD
December 13, 2023 at 10:00 A.M.
IN THE
CHD Conference Room
2913 Commission Street, Oneida, WI 54155
In accordance with the Administrative Rulemaking Law, the
Comprehensive Housing Division (CHD) is hosting this Public Meeting
to gather feedback from the community regarding the
following rule:
Landlord-Tenant Rule No. 2 Income Based Rental Program Eligibility, Selection and
Other Requirements
This is a proposal to amend the rule by:
Updating the maximum income calculation requirements to bring
Oneida’s rule into compliance with amendments adopted to 24 CFR §
5.609 required to become effective on January 1, 2024.
The CFR previously approached income from a list of things that
were counted as income and now approaches it by counting all income from all sources except for the listed deductions from income.
To obtain copies of the Public Meeting documents for this proposal,
please visit www.oneida-nsn.gov/Register/PublicMeetings.
PUBLIC COMMENT PERIOD
OPEN UNTIL December 20, 2023
During the Public Comment Period, all interested persons may submit
written comments and/or a transcript of any testimony/spoken comments made during the Public Meeting. These may be submitted to The
Comprehensive Housing Division by U.S. mail, interoffice mail, e-mail or
fax.
Comprehensive Housing Division
2913 Commissioner Street, Oneida, WI 54155
sdenny@oneidanation.org
Phone: 920-869-2227
Fax: 920-869-2836
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Title 6. Property and Land – Chapter 611
LANDLORD-TENANT
Rule # 2 – Income Based Rental Program Eligibility, Selection
and Other Requirements
2.1. Purpose and Delegation
2.2. Adoption, Amendment and Repeal
2.3. Definitions
2.4. Eligibility Requirements
2.5. Application Process and Wait List
2.6. Tenant Selection
2.7. Rental Unit Catalog, Setting Rents
and Security Deposits
2.8. Annual Inspection and Rental
Agreement Renewal
2.9. Rental Agreement Cancellation
2.1.
Purpose and Delegation
2.1-1. Purpose. The purpose of this rule is to provide additional eligibility requirements, selection
procedures and general requirements that govern the Comprehensive Housing Division’s incomebased rental programs. The mission of the income-based housing program is to develop, maintain,
and operate affordable housing in safe, sanitary and healthy environments within the reservation.
2.1-2. Authority. The Landlord-Tenant law delegated the Comprehensive Housing Division and
Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.
However that delegation excluded the Land Commission from having joint authority where the
rules relate solely to premises administered pursuant to federal funding. Accordingly, the
Comprehensive Housing Division has sole rulemaking authority for these rules.
2.2.
Adoption, Amendment and Repeal
2.2-1. This rule was adopted by the Comprehensive Housing Division in accordance with the
procedures of the Administrative Rulemaking law.
2.2-2. This rule may be amended or repealed by the approval of the Comprehensive Housing
Division pursuant to the procedures set out in the Administrative Rulemaking law.
2.2-3. Should a provision of this rule or the application thereof to any person or circumstances be
held as invalid, such invalidity shall not affect other provisions of this rule which are considered
to have legal force without the invalid portions.
2.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,
internal policy, procedure or other regulation, the provisions of this rule control.
2.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements
relating to the Landlord-Tenant law.
2.3. Definitions
2.3-1. This section governs the definitions of words and phrases used within this rule. All words
not defined herein are to be used in their ordinary and everyday sense.
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(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to rental agreements as defined by Oneida Business Committee
Resolution.1
(b) “Household” means all persons residing within the income-based rental unit.
(c) “HUD” means the United States Department of Housing and Urban Development.
(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental
agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord pursuant
to a rental agreement.
(e) “Rental Agreement” means a written contract between a landlord and a tenant, whereby
the tenant is granted the right to use or occupy the premises for a residential purpose for
one (1) year or less.
(f) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(g) “Tribal member” means an enrolled member of the Nation.
(h) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
2.4.
Eligibility Requirements
2.4-1. Tribal Member Status. At least one (1) of the household members listed in the household
composition is required to be a Tribal member. Comprehensive Housing Division staff shall verify
enrollment status by either requiring a copy of the Tribal Identification Card or requesting
verification from the Trust Enrollment Department.
2.4-2. Maximum Income. Pursuant to the Native American Housing Assistance and Self
Determination Act (NAHASDA), in order to be eligible for an income-based rental agreement, the
household must qualify as low income at the time of initial occupancy. In order to qualify as lowincome, applicants’ household income may not exceed eighty percent (80%) of the regional gross
annual income based on the data from Outagamie County.2 For the purposes of this section, gross
annual income is all income from any and all sources of income from all adult members of the
household anticipated to be received in an upcoming twelve (12) month period unless specifically
excluded from income in this section. Applicants shall provide Comprehensive Housing Division
staff written verification of income.CHD shall calculate income in accordance with 24 CFR §
5.609 and shall provide the effective language to the Legislative Reference Office to be published
as Appendix 01 to this Rule so that applicable income calculations are publicly available on the
Oneida Register.
(a) For purposes of calculating income to determine eligibility, the Comprehensive
Housing Division staff shall include per capita payments to the extent that receipt of per
capita payment may be verified for the prior year based on the tax return.
1
See BC Resolution 10-12-16-D providing that for purposes of the Landlord-Tenant law, the Comprehensive Housing
Division means the Division of Land Management for general rental agreements, the Oneida Housing Authority for
income-based rental agreements and Elder Services for rental agreements through the Elder Services program.
2
Pursuant to resolution BC-01-25-12-A, Outagamie County is designated as the data source for collecting regional
gross income for determining low-income housing eligibility because the income in that area is generally higher
than Brown County’s and results in more persons being eligible based on the income requirements.
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(b) For the purpose of calculating income to determine eligibility, the Comprehensive
Housing Division staff shall include in annual income net income from household assets
where net household assets are defined in accordance with 24 CFR 5.603.3
(b) For purposes of calculating income to determine eligibility, the Comprehensive
Housing Division staff may not include the following:
(1) Income from employment of any household minors;
(2) Payments received for the care of foster children and/or handicapped/mentally
incompetent adults;
(3) Lump-sum additions to household assets including, but not limited to, inheritances,
insurance payments, capital gains, and settlements for personal and/or property losses,
excluding payments in lieu of earnings, such as unemployment, disability compensation,
worker’s compensation, and severance pay, which are included in income;
(4) Amounts received by the household that is specifically for, or in reimbursement of, the
cost of medical expenses for any member of the household;
(5) Income of a live-in medical aide;
(6) Any amounts received as student financial assistance;
(7) Income of any adult household members that are students, other than the head of
household, in excess of $480 annually; the first $480 of annual income received by an adult
student household member shall be included as income;
(8) Payments made to any member of the household serving in the armed forces for
exposure to hostile fire;
(9) Amounts received under training programs funded by HUD;
(10) Amounts received by persons with disabilities, which amounts are disregarded for
a limited time for purposes of Supplemental Security Income eligibility and benefits
because such amounts are set aside for use under a Plan for Achieving Self-Support;
(11) Temporary, nonrecurring and/or sporadic income (including gifts);
(12) Adoption assistance payments that exceed $480 annually; the first $480 of annual
adoption assistance payments shall be included as income;
(13) Deferred periodic amounts from supplemental security income and social security
benefits that are received in a lump sum amount or in prospective monthly amounts.
(14) Amounts paid by a state agency to a member of the household with a developmental
disability to offset the cost of services and/or equipment needed to keep the
developmentally disabled member living in the household; and
(15) Amounts specifically excluded from income by any applicable federal statute
and/or regulation, specifically those identified in the Federal Register.4
2.4-3. Minimum Income. Applicants shall meet a minimum household income of $7,800 per year.
2.4-4. Outstanding Debts. Applicants for a rental agreement may not have a past due balance
greater than two hundred dollars ($200) owed to any utility provider and may not have any prior
debt owed to the Comprehensive Housing Division.
2.4-5. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental
agreement with the Comprehensive Housing Division subject to an eviction and termination within
two (2) years from the date of the application are not eligible to participate in the income-based
rental program.
3
See HUD Occupancy Handbook, Exhibit 5-2: Assets.
The most recent notice of federally required exclusions was published on December 14, 2012 and can be found in
the Federal Register at 77 FR 74495.
4
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2.4-6. Criminal Convictions. Applicants with any of the following types of convictions are not
eligible for participation in the income-based rental program, provided that the Pardon and
Forgiveness law may provide an exception to the conditions contained in this section:
(a) A drug conviction within three (3) years from the date of application;
(b) A felony conviction within five (5) years from the date of application; and/or
(c) A criminal conviction based upon an act of violence within two (2) years from the date
of the application.
2.4-7. Pardon and Forgiveness. A grant of a pardon or forgiveness pursuant to the Nation’s
Pardon and Forgiveness law may result in an otherwise ineligible tenant becoming eligible.
2.5.
Application Process and Wait List
2.5-1. Applying. Persons wishing to participate in the income-based housing program shall
complete the Comprehensive Housing Division rental agreement application and any other
accompanying forms required based on the income-based program eligibility requirements. The
Comprehensive Housing Division staff may not consider any applications for selection and/or
placement on the wait list until the application and all accompanying forms are complete. Upon
receipt of a completed application, including all supplementary forms, Comprehensive Housing
Division staff shall date and time stamp the application. If, regardless of a complete application
submittal, additional information is required to determine eligibility, the Comprehensive Housing
Division staff shall request such information and maintain the application submittal date provided
that the applicant responds to the information requests in a reasonably timely fashion.
(a) Household Composition Form. The Comprehensive Housing Division staff shall
require applicants to the income-based housing program to complete a Household
Composition Form which provides the full name, age and date of birth of each person
contemplated to reside in the income-based rental unit. In order to verify such information,
the Comprehensive Housing Division staff shall require that applicants submit the
following with the Household Composition Form:
(1) Copies of social security cards for each person contemplated to reside in the
income-based rental unit, provided that for newly born babies that have not yet been
issued a social security card a birth certificate is sufficient;
(2) A copy of a picture identification card for each adult contemplated to reside in
the income-based rental unit;
(3) If any adults in the home are enrolled in post-secondary education, verification
of enrollment in the form of a financial aid award letter or other documentation
directly from the school; and
(4) If an adult in the household is the custodial parent/guardian of a minor, a copy
of the court documents which awarded such placement.
(b) Background Checks. In order to ensure compliance with the eligibility requirements
of the Landlord-Tenant law and these rules, Comprehensive Housing Division staff shall
perform a background check on each adult in the household. Household adults are also
subject to annual background checks upon annual rental agreement renewal pursuant to
2.8-5 and as may be determined to be necessary to maintain the safety of the community
by the Comprehensive Housing Division staff.
2.5-2. Notification of Eligibility, Placement on the Wait List. When Comprehensive Housing
Division staff completes its review of an application and determines the applicant(s) eligible for
the income-based rental program, the staff shall:
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(a) Place the applicant(s) into one (1) of the following categories of renters based on the
household size and needs as provided below:
(1) Single Adult/Adult Couple – A maximum of two (2) adults in the household,
no children.
(2) Small Household – A maximum four (4) household members in the household.
(3) Large Household – A household of five (5) or more household members.
(4) Elder – A household with a maximum of two (2) adults and no children wherein
at least one (1) adult is sixty-two (62) years old or older at the time of application.
(5) Minimum Handicap Accessibility Required – For each of the category types
provided in subsections (1)-(4) above, there shall be an additional category for each
requiring minimum handicap accessibility. This category shall be reserved for
households with at least one (1) household member requiring permanent and
minimal handicap accessibility (i.e. permanent use of a walker); this category
includes all handicap needs that do not amount to full wheelchair accessibility.
(6) Maximum Handicap Accessibility Required – For each of the category types
provided in subsections (1)-(4) above, there shall be an additional category for each
in which as least one (1) household member requires full wheelchair handicap
accessibility.
(b) Determine whether there is a wait list for the type of rental unit required based on the
applicant’s category of renter.
(1) If there is a wait list established, place the applicant on the wait list based on
the date and time stamp of the application. At such time, Comprehensive Housing
Division staff shall provide the applicant with notice of their placement on the wait
list and the requirement to update their application should anything change prior to
their designated use of rental unit becoming available. An applicant may request
to be removed from the wait list at any time.
(2) If there is not a wait list established and there are available rental units available
for the applicant’s renter category, move to the tenant selection process provided in
sections 2.6-3 and 2.6-4.
2.5-3. Notification of Ineligibility. If review of a complete submitted application and/or annual
renewal reveals that an applicant is ineligible to participate in the income-based rental program
based on the Landlord-Tenant law and/or rules, the Comprehensive Housing Division staff shall
notify the applicant of the cause of the ineligibility and how the applicant may become eligible in
the future. At such time, Comprehensive Housing Division staff shall also inform the applicant of
other housing opportunities offered by the Nation for which the applicant may be eligible, if
applicable.
2.5-4. Required Application Updates. Applicants on the wait list are required to update the
application, at a minimum, annually, but also whenever information submitted on the application
has changed. Applicants that fail to complete the application update within the allotted timeframe
will be removed from the wait list and required to re-apply for future consideration absent proof
of extenuating circumstances, for which Comprehensive Housing Division staff may provide a
grace period of a maximum of ten (10) calendar days. For any updated application that reveals an
applicant has become ineligible, Comprehensive Housing Division staff shall remove the applicant
from the wait list and provide the applicant notice of the cause for ineligibility.
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2.6.
Tenant Selection
2.6-1. Household Size and Available Units. When a rental premise becomes available, the
Comprehensive Housing Division staff shall preliminarily select a tenant based on the first
applicant on the wait list for the said unit type based on the corresponding renter and unit
categorization. In the event that a handicap accessible unit becomes available and there are no
applicants on the wait list for the said type of handicap accessible unit, an applicant from the same
renter category that does not require handicap accessibility may be selected for the said unit.
2.6-2. Notice of Tenant Selection. When an applicant is selected for a rental unit in accordance
with this section, the Comprehensive Housing Division staff shall provide the applicant with notice
of tenant selection. The notice, at a minimum, shall include the address of the rental premise, the
required security deposit and monthly rent, and a requirement that the applicant respond within
fifteen (15) calendar days to accept/reject the rental premise noting that the security deposit is due
at the time of acceptance. Applicants that pay a security deposit and fail to complete the selection
process to actually take occupancy forfeit the security deposit to the Comprehensive Housing
Division as consideration for holding the unit. Comprehensive Housing Division shall return the
security deposit to the applicant only in circumstances where the applicant is prevented from
entering the rental agreement based on a loss of eligibility due to circumstances outside of the
applicant’s control (i.e. death of a Tribal member that made the household eligible for the incomebased rental program).
(a) Failure to Respond or Rejecting a Rental Premise. If a rental premise is rejected for
any reason or the applicant fails to respond to the notice, Comprehensive Housing Division
staff shall remove the applicant from the wait list; in such circumstances the applicant may
re-apply for the income-based rental program following a ninety (90) calendar day period
of ineligibility.
(b) Accepting a Rental Premise. In order for an applicant’s acceptance of a rental premise
to be complete, the applicant shall submit along with the acceptance a payment for the full
security deposit. Prior to accepting a security deposit payment, Comprehensive Housing
Department staff shall verify that the applicant remains eligible for the income-based rental
program and the rental unit type based on the household’s categorization.
(1) Standard Timeframe for Completing the Rental Agreement and Taking
Occupancy. Except as provided in subsection (2) below, applicants that have
accepted a rental premise from the income-based rental program have five (5)
calendar days from the date of acceptance and payment of the security deposit to:
(A) Reconfirm that they remain eligible for the income-based rental
program and remain in the same category of renters;
(B) Pay the first month’s rent; and
(C) Execute the rental agreement and all required supplemental forms,
provided that the agreement may not be executed until (A) and (B) are
complete.
(2) Extended Timeframe for Completing the Rental Agreement for Applicants
Providing Termination Notice to Another Landlord or Housing Program. The
Comprehensive Housing Division offers an extended timeframe for applicants
required to provide thirty (30) or more calendar or business days’ notice of
termination of a rental agreement to a current landlord or housing program. In such
circumstances, in order to qualify for the extended timeframe, the applicant shall
provide proof of the notice requirement in his/her current rental agreement by
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submitting the signed rental agreement to the Comprehensive Housing Division.
Upon submittal of such proof, the applicant shall have thirty (30) calendar days
from the date of acceptance and payment of the security deposit to:
(A) Reconfirm that they remain eligible for the income-based rental
program and remain in the same category of renters;
(B) Pay the first month’s rent; and
(C) Execute the rental agreement and all required supplemental forms,
provided that the agreement may not be executed until (A) and (B) are
complete.
(3) Taking Occupancy. The Comprehensive Housing Division shall provide the
tenant with keys to the rental premises upon execution of the rental agreement. As
such time, the Comprehensive Housing Division staff shall provide the tenant with
a check-in sheet and notice the tenant that he/she has seven (7) calendar days from
the date the tenant takes occupancy to complete the check-in sheet and submit it to
the Comprehensive Housing Division.
2.7.
Rental Unit Catalog, Setting Rents and Security Deposits
2.7-1. Rental Unit Catalog. The Comprehensive Housing Division shall maintain a catalog of all
rental units included in the income-based rental program. Said catalog shall categorize each rental
unit based on designated use for the type of renter in accordance with the types of renters
established in section 2.5-2(a).
2.7-2. Setting Rents. The Comprehensive Housing Division shall determine the required monthly
rent for each household based on the household’s income in accordance with the following:
(a) Rent may not exceed thirty percent (30%) of the household’s adjusted gross income
based on the income calculation requirements provided in section 2.4-3. Adjusted gross
income means the annual household income remaining after the Comprehensive Housing
Division staff applies the following deductions:
(1) Dependent Deduction. A deduction of $480.00 from annual income for each
household minor dependent or adult dependent where the adult dependent is either
a full-time student or a person with disabilities.
(2) Elder and/or Disabled Deduction. A total deduction of $400.00 from annual
income for a household in which:
(A) A household member is sixty-two (62) years of age or older; and/or
(B) A household member is a person with a disability.
(3) Medical and Attendant Expenses. For a household qualifying under 2.7-2(a)(2),
a deduction for medical expenses5 that are in excess of three percent (3%) of annual
income and all expenses for live-in periodic attendant care assistance or apparatus
to the extent necessary to enable a member of the family to be employed.
(4) Child Care Expenses. A deduction for reasonable child care expenses from
annual income if the child care:
(A) Enables an adult household member to seek employment activity, be
gainfully employed, or further his/her education; and
(B) Expenses are not reimbursed.
(5) Child Support for a Household Minor. A deduction for the full amount of child
support paid by a household member for a household minor (i.e. when the parent
5
Medical expenses are those identified in Title VII, Section IV of NAHASDA.
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paying child support lives in the same household as the child for which the parent
is paying child support).
(6) Earned Income of Minors. A deduction in the amount of any earned income of
any minor household member.
(7) Travel Expenses for Employment or Education-Related Travel. A maximum
deduction of $25.00 per week for travel expenses for employment or education
related travel.
(b) Monthly rent may not exceed the fair market rents of the rental premise as determined
by the data for Outagamie County.
(c) Households with any member that qualifies as a party listed below shall receive
preferential rent wherein the Comprehensive Housing Division may not charge rent that
exceeds twenty percent (20%) of the household’s adjusted gross income based on the
income calculation requirements provided in section 2.4-3.
(1) Elder Tribal Member – A Tribal member that is sixty-two (62) years old or
older.
(2) Handicapped Tribal Member – A Tribal member that has a physical disability
as documented by a medical provider/or proof of disability payments.
(3) Legally Incompetent Adult Tribal Member – A Tribal member that has been
determined to be a legally incompetent adult based on the findings of a court of
competent jurisdiction.
(4) Mentally Disabled Minor Tribal Member – A Tribal member under the age of
eighteen (18) years old that has a mental disability as documented by a medical
provider.
2.7-3. Standard Security Deposit. Comprehensive Housing Division staff shall set the standard
security deposit required for each rental premise in the income-based rental program at $350.00.
2.7-4. Increased Security Deposit for Pets. Tenants in the Comprehensive Housing Division’s
general rental program may have pets in accordance with the Domestic Animal Ordinance,
provided that an increased security deposit is required.
(a) The standard security deposit does not apply to tenants with pets. Comprehensive
Housing Division staff shall set the increased security deposit required for households with
pets at a rate of $350.00 plus an additional $200.00 per pet.
(b) In the event that a tenant wishes to acquire a pet after the rental agreement has been
signed, the tenant shall notify the Comprehensive Housing Division and shall pay the
difference between the increased security deposit for pets and the standard security deposit.
Tenants that fail to report a pet in the household may be assessed charges for an increased
security deposit for pets if such pets are reported to the Comprehensive Housing Division
and/or discovered at the time of an inspection.
2.8.
Annual Inspection and Rental Agreement Renewal
2.8-1. Scheduling Annual Inspections. Comprehensive Housing Division staff shall schedule
tenants’ annual inspections for a date that is within ninety (90) calendar days of the expiration of
the tenants’ rental agreement.
2.8-2. Inspection Checklist. Comprehensive Housing Division staff completing the annual
inspection shall use the checklist that is approved by the Comprehensive Housing Division
director. Upon completion of the inspection, Comprehensive Housing Division staff shall request
that the tenant(s) sign the completed checklist.
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2.8-3. Damages. Tenants are required to pay costs to repair any damages to the rental premises
discovered during the annual inspection that do not amount to normal wear an tear. Payment for
such costs must be received by the Comprehensive Housing Division prior to signing a rental
agreement renewal, provided that the Comprehensive Housing Division may offer the tenant a
payment agreement in for the damages, in which case the repayment agreement shall be signed
prior to the rental agreement renewal.
2.8-4. Immediate Notice of Change in Household Composition and/or Income. Tenants shall
immediately notify the Comprehensive Housing Division of any change in the tenant’s household
composition and/or income, regardless of the date scheduled for the annual renewal.
(a) Change in Household Composition. If a change in the household composition changes
the tenant’s category of renter based on section 2.5-2(a), the Comprehensive Housing
Division staff shall work to transfer the household to a rental unit of corresponding
category as soon as possible. If no such units are currently available, Comprehensive
Housing Division staff shall move the tenant to the top of the waiting list. In order to be
transferred or placed on a wait list, the tenant shall demonstrate that they remain eligible
for the income-based rental program and are current with rent and utility payments.
Tenants are only eligible for rental unit transfers within their current category of renter if,
in the Comprehensive Housing Division’s discretion, the transfer is needed to better
accommodate the household composition.
(b) Change in Household Income. A change in household income may cause a change in
the amount of monthly rent required, accordingly, any change in household income that is
not reported within thirty (30) calendar days of the change shall result in a retroactive
adjustment of the rent if the change results in an increase of rent payments. Retroactive
rent shall be applied for each month there was a change in income that was not reported,
excluding the initial thirty (30) calendar days provided to the tenant to report the change.
The tenant is responsible for payment of all current and retroactive adjustments of rent and
may be eligible for a repayment agreement, provided that in all circumstances and
retroactive rental arrears shall be paid in full within one (1) year.
(c) Rental Agreement Amendment. Should a change in household size and/or income cause
a change in the terms of the tenant’s rental agreement, an amendment to the rental
agreement is required to be executed.
2.8-5. Rental Agreement Renewal. Each rental agreement is limited to a twelve (12) month term.
Tenants wishing to remain in the property are required to complete the annual rental agreement
renewal by verifying that the household continues to meet all eligibility requirements contained in
the Landlord-Tenant law and rules excluding the maximum income requirement provided in article
2.4-2. Once continued eligibility is verified, tenants that remain eligible are required to sign a
rental agreement renewal.
(a) The Comprehensive Housing Division may, in its discretion, decline renewal of a rental
agreement if it determines that the renewal is not in the best interest of the Nation. (b)
In the event a tenant fails to enter a rental agreement renewal and has not vacated the
rental premises within thirty (30) calendar days of the expiration of the rental agreement,
the Comprehensive Housing Division shall initiate the eviction process pursuant to the
Eviction and Termination law.
2.8-6. Ineligibility Due to Renewal or an Update of Household Information. Comprehensive
Housing Division staff shall provide tenants that become ineligible to participate in the incomebased rental program based on a renewal or update of household information with notice
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specifying the cause of the ineligibility and, if possible, how the household may reinstate
eligibility.
(a) Ineligibility Due to Renewal. In circumstances where the tenant learns of ineligibility
as part of the annual renewal, Comprehensive Housing Division staff shall include in the
notice of ineligibility that renewal of the rental agreement is not available at such time and
that the tenant is entitled to a minimum of a thirty (30) day notice to cure, by reinstating
eligibility, or vacate.
(b) Ineligibility Due to an Update of Household Information. In circumstances where the
tenant learns of ineligibility as part of an update of household information, Comprehensive
Housing Division staff shall include in the notice of ineligibility the warning of potential
termination in accordance with the rental agreement. In the event the tenant is unable to
or fails to reinstate their eligibility in accordance with the timeline provided in the notice,
the Comprehensive Housing Division shall permit the tenant to remain in the unit for the
longer of the duration of the rental agreement or ninety (90) calendar days from the date of
the notice of ineligibility.
(1) If the tenants’ circumstances result in the tenant completing the term of the
rental agreement, eligibility shall be reconsidered at the time of the annual renewal.
If the tenant remains ineligible at the time of renewal, article 2.8-6(a) applies.
(2) If the tenants’ circumstances result in the tenant receiving a thirty (30) calendar
day notice to cure or ninety (90) calendar day notice to vacate, the tenant shall enter
a limited term rental agreement to cover any time which exceeds the current rental
agreement.
(c) Limited Term Rental Agreements. Limited term rental agreements are available in
accordance with article 2.8-6(a) and (b) of these rules and section 611.9-4 of the LandlordTenant law. At a minimum, limited term rental agreement shall include:
(1) The date of the original notice of ineligibility;
(2) An explanation that the tenant has thirty (30) calendar days to reinstate
eligibility;
(3) As applicable, an explanation that if eligibility is not timely reinstated, that the
limited term rental agreement takes the place of the thirty (30) calendar day notice
to cure or vacate required by the Eviction and Termination law; and
(4) An explanation that if eligibility is not timely reinstated, the rental unit will be
reclaimed including the date the locks will be changed.
2.9.
Rental Agreement Cancellation
2.9-1. Two Week Notice Required. Tenant wishing to cancel a rental agreement in the general
rental program are requested to provide the Comprehensive Housing Division with a minimum of
two (2) weeks of notice.
2.9-2. Prorated Rent. In the event of cancellation of a rental agreement or abandonment of the
rental premises, the Comprehensive Housing Division staff shall prorate the required last month’s
rent payment based upon the greater of the following:
(a) The number of calendar days the unit was occupied in the last month; or
(b) Two (2) weeks from the date of cancellation or the date the Comprehensive Housing
Division learns of abandonment.
End.
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Original effective date: 04-13-2017
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Title 6. Property and Land – Chapter 611
LANDLORD-TENANT
Rule # 2 – Income Based Rental Program Eligibility, Selection
and Other Requirements
2.1. Purpose and Delegation
2.2. Adoption, Amendment and Repeal
2.3. Definitions
2.4. Eligibility Requirements
2.5. Application Process and Wait List
2.6. Tenant Selection
2.7. Rental Unit Catalog, Setting Rents
and Security Deposits
2.8. Annual Inspection and Rental
Agreement Renewal
2.9. Rental Agreement Cancellation
2.1.
Purpose and Delegation
2.1-1. Purpose. The purpose of this rule is to provide additional eligibility requirements, selection
procedures and general requirements that govern the Comprehensive Housing Division’s incomebased rental programs. The mission of the income-based housing program is to develop, maintain,
and operate affordable housing in safe, sanitary and healthy environments within the reservation.
2.1-2. Authority. The Landlord-Tenant law delegated the Comprehensive Housing Division and
Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.
However that delegation excluded the Land Commission from having joint authority where the
rules relate solely to premises administered pursuant to federal funding. Accordingly, the
Comprehensive Housing Division has sole rulemaking authority for these rules.
2.2.
Adoption, Amendment and Repeal
2.2-1. This rule was adopted by the Comprehensive Housing Division in accordance with the
procedures of the Administrative Rulemaking law.
2.2-2. This rule may be amended or repealed by the approval of the Comprehensive Housing
Division pursuant to the procedures set out in the Administrative Rulemaking law.
2.2-3. Should a provision of this rule or the application thereof to any person or circumstances be
held as invalid, such invalidity shall not affect other provisions of this rule which are considered
to have legal force without the invalid portions.
2.2-4. In the event of a conflict between a provision of this rule and a provision of another rule,
internal policy, procedure or other regulation, the provisions of this rule control.
2.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements
relating to the Landlord-Tenant law.
2.3.
Definitions
2.3-1. This section governs the definitions of words and phrases used within this rule. All words
not defined herein are to be used in their ordinary and everyday sense.
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(a) “Comprehensive Housing Division” means the entity responsible for housing matters
specifically related to rental agreements as defined by Oneida Business Committee
Resolution. 1
(b) “Household” means all persons residing within the income-based rental unit.
(c) “HUD” means the United States Department of Housing and Urban Development.
(b) “Landlord” means the Nation in its capacity to rent real property subject to a rental
agreement.
(c) “Nation” means the Oneida Nation.
(d) “Premises” means the property covered by a rental agreement, including not only the
real property and fixtures, but also any personal property furnished by the landlord pursuant
to a rental agreement.
(e) “Rental Agreement” means a written contract between a landlord and a tenant, whereby
the tenant is granted the right to use or occupy the premises for a residential purpose for
one (1) year or less.
(f) “Tenant” means the person granted the right to use or occupy a premises pursuant to a
rental agreement.
(g) “Tribal member” means an enrolled member of the Nation.
(h) “Security Deposit” means a payment made to the landlord by the tenant to ensure that
rent will be paid and other responsibilities of the rental agreement performed.
2.4.
Eligibility Requirements
2.4-1. Tribal Member Status. At least one (1) of the household members listed in the household
composition is required to be a Tribal member. Comprehensive Housing Division staff shall verify
enrollment status by either requiring a copy of the Tribal Identification Card or requesting
verification from the Trust Enrollment Department.
2.4-2. Maximum Income. Pursuant to the Native American Housing Assistance and Self
Determination Act (NAHASDA), in order to be eligible for an income-based rental agreement, the
household must qualify as low income at the time of initial occupancy. In order to qualify as lowincome, applicants’ household income may not exceed eighty percent (80%) of the regional gross
annual income based on the data from Outagamie County. 2 For the purposes of this section, CHD
shall calculate income in accordance with 24 CFR § 5.609 and shall provide the effective language
to the Legislative Reference Office to be published as Appendix 01 to this Rule so that applicable
income calculations are publicly available on the Oneida Register.
(a)
2.4-3. Minimum Income. Applicants shall meet a minimum household income of $7,800 per year.
2.4-4. Outstanding Debts. Applicants for a rental agreement may not have a past due balance
greater than two hundred dollars ($200) owed to any utility provider and may not have any prior
debt owed to the Comprehensive Housing Division.
2.4-5. Prior Comprehensive Housing Division Eviction. Applicants that have had a rental
agreement with the Comprehensive Housing Division subject to an eviction and termination within
1
See BC Resolution 10-12-16-D providing that for purposes of the Landlord-Tenant law, the Comprehensive Housing
Division means the Division of Land Management for general rental agreements, the Oneida Housing Authority for
income-based rental agreements and Elder Services for rental agreements through the Elder Services program.
2
Pursuant to resolution BC-01-25-12-A, Outagamie County is designated as the data source for collecting regional
gross income for determining low-income housing eligibility because the income in that area is generally higher
than Brown County’s and results in more persons being eligible based on the income requirements.
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two (2) years from the date of the application are not eligible to participate in the income-based
rental program.
2.4-6. Criminal Convictions. Applicants with any of the following types of convictions are not
eligible for participation in the income-based rental program, provided that the Pardon and
Forgiveness law may provide an exception to the conditions contained in this section:
(a) A drug conviction within three (3) years from the date of application;
(b) A felony conviction within five (5) years from the date of application; and/or
(c) A criminal conviction based upon an act of violence within two (2) years from the date
of the application.
2.4-7. Pardon and Forgiveness. A grant of a pardon or forgiveness pursuant to the Nation’s
Pardon and Forgiveness law may result in an otherwise ineligible tenant becoming eligible.
2.5.
Application Process and Wait List
2.5-1. Applying. Persons wishing to participate in the income-based housing program shall
complete the Comprehensive Housing Division rental agreement application and any other
accompanying forms required based on the income-based program eligibility requirements. The
Comprehensive Housing Division staff may not consider any applications for selection and/or
placement on the wait list until the application and all accompanying forms are complete. Upon
receipt of a completed application, including all supplementary forms, Comprehensive Housing
Division staff shall date and time stamp the application. If, regardless of a complete application
submittal, additional information is required to determine eligibility, the Comprehensive Housing
Division staff shall request such information and maintain the application submittal date provided
that the applicant responds to the information requests in a reasonably timely fashion.
(a) Household Composition Form. The Comprehensive Housing Division staff shall
require applicants to the income-based housing program to complete a Household
Composition Form which provides the full name, age and date of birth of each person
contemplated to reside in the income-based rental unit. In order to verify such information,
the Comprehensive Housing Division staff shall require that applicants submit the
following with the Household Composition Form:
(1) Copies of social security cards for each person contemplated to reside in the
income-based rental unit, provided that for newly born babies that have not yet been
issued a social security card a birth certificate is sufficient;
(2) A copy of a picture identification card for each adult contemplated to reside in
the income-based rental unit;
(3) If any adults in the home are enrolled in post-secondary education, verification
of enrollment in the form of a financial aid award letter or other documentation
directly from the school; and
(4) If an adult in the household is the custodial parent/guardian of a minor, a copy
of the court documents which awarded such placement.
(b) Background Checks. In order to ensure compliance with the eligibility requirements
of the Landlord-Tenant law and these rules, Comprehensive Housing Division staff shall
perform a background check on each adult in the household. Household adults are also
subject to annual background checks upon annual rental agreement renewal pursuant to
2.8-5 and as may be determined to be necessary to maintain the safety of the community
by the Comprehensive Housing Division staff.
2.5-2. Notification of Eligibility, Placement on the Wait List. When Comprehensive Housing
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Division staff completes its review of an application and determines the applicant(s) eligible for
the income-based rental program, the staff shall:
(a) Place the applicant(s) into one (1) of the following categories of renters based on the
household size and needs as provided below:
(1) Single Adult/Adult Couple – A maximum of two (2) adults in the household,
no children.
(2) Small Household – A maximum four (4) household members in the household.
(3) Large Household – A household of five (5) or more household members.
(4) Elder – A household with a maximum of two (2) adults and no children wherein
at least one (1) adult is sixty-two (62) years old or older at the time of application.
(5) Minimum Handicap Accessibility Required – For each of the category types
provided in subsections (1)-(4) above, there shall be an additional category for each
requiring minimum handicap accessibility. This category shall be reserved for
households with at least one (1) household member requiring permanent and
minimal handicap accessibility (i.e. permanent use of a walker); this category
includes all handicap needs that do not amount to full wheelchair accessibility.
(6) Maximum Handicap Accessibility Required – For each of the category types
provided in subsections (1)-(4) above, there shall be an additional category for each
in which as least one (1) household member requires full wheelchair handicap
accessibility.
(b) Determine whether there is a wait list for the type of rental unit required based on the
applicant’s category of renter.
(1) If there is a wait list established, place the applicant on the wait list based on
the date and time stamp of the application. At such time, Comprehensive Housing
Division staff shall provide the applicant with notice of their placement on the wait
list and the requirement to update their application should anything change prior to
their designated use of rental unit becoming available. An applicant may request
to be removed from the wait list at any time.
(2) If there is not a wait list established and there are available rental units available
for the applicant’s renter category, move to the tenant selection process provided in
sections 2.6-3 and 2.6-4.
2.5-3. Notification of Ineligibility. If review of a complete submitted application and/or annual
renewal reveals that an applicant is ineligible to participate in the income-based rental program
based on the Landlord-Tenant law and/or rules, the Comprehensive Housing Division staff shall
notify the applicant of the cause of the ineligibility and how the applicant may become eligible in
the future. At such time, Comprehensive Housing Division staff shall also inform the applicant of
other housing opportunities offered by the Nation for which the applicant may be eligible, if
applicable.
2.5-4. Required Application Updates. Applicants on the wait list are required to update the
application, at a minimum, annually, but also whenever information submitted on the application
has changed. Applicants that fail to complete the application update within the allotted timeframe
will be removed from the wait list and required to re-apply for future consideration absent proof
of extenuating circumstances, for which Comprehensive Housing Division staff may provide a
grace period of a maximum of ten (10) calendar days. For any updated application that reveals an
applicant has become ineligible, Comprehensive Housing Division staff shall remove the applicant
from the wait list and provide the applicant notice of the cause for ineligibility.
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2.6.
Tenant Selection
2.6-1. Household Size and Available Units. When a rental premise becomes available, the
Comprehensive Housing Division staff shall preliminarily select a tenant based on the first
applicant on the wait list for the said unit type based on the corresponding renter and unit
categorization. In the event that a handicap accessible unit becomes available and there are no
applicants on the wait list for the said type of handicap accessible unit, an applicant from the same
renter category that does not require handicap accessibility may be selected for the said unit.
2.6-2. Notice of Tenant Selection. When an applicant is selected for a rental unit in accordance
with this section, the Comprehensive Housing Division staff shall provide the applicant with notice
of tenant selection. The notice, at a minimum, shall include the address of the rental premise, the
required security deposit and monthly rent, and a requirement that the applicant respond within
fifteen (15) calendar days to accept/reject the rental premise noting that the security deposit is due
at the time of acceptance. Applicants that pay a security deposit and fail to complete the selection
process to actually take occupancy forfeit the security deposit to the Comprehensive Housing
Division as consideration for holding the unit. Comprehensive Housing Division shall return the
security deposit to the applicant only in circumstances where the applicant is prevented from
entering the rental agreement based on a loss of eligibility due to circumstances outside of the
applicant’s control (i.e. death of a Tribal member that made the household eligible for the incomebased rental program).
(a) Failure to Respond or Rejecting a Rental Premise. If a rental premise is rejected for
any reason or the applicant fails to respond to the notice, Comprehensive Housing Division
staff shall remove the applicant from the wait list; in such circumstances the applicant may
re-apply for the income-based rental program following a ninety (90) calendar day period
of ineligibility.
(b) Accepting a Rental Premise. In order for an applicant’s acceptance of a rental premise
to be complete, the applicant shall submit along with the acceptance a paym
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