# Oneida Business Committee (2024)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A48775b87df58c746

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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Oneida Nation

Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
October 16, 2024
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

III.

Current Business

IV.

New Submissions

V.

Additions

VI.

Administrative Updates
1. Certification of Amendments to Real Property Law Rule No. 2 - Comprehensive Housing
Division Residential Sales (pg. 2)
2. E-Poll Results: Approval of the Canceled October 2, 2024 LOC Meeting Materials (pg. 59)

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

=DODDDD=

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

TO:
FROM:
DATE:
RE:

"'

Oneida Business Committee
Legislative Operating Committee

Oneida Business Committee
Jameson Wilson, Legislative Operating Committee Chairman
October 16, 2024
Certification of Amendments to the Real Property Law Rule No. 2 –
Comprehensive Housing Division Residential Sales

The Legislative Operating Committee reviewed the certification packet provided for the
amendments to the Real Property Law Rule No. 2 – Comprehensive Housing Division Residential
Sales (“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 October 16, 2024.
The purpose of the Rule is to provide the requirements for both the Nation and potential buyer
when the Comprehensive Housing Division offers a residential property for sale. [Rule 2.1-1]. The
proposed amendments to the Rule:
 Relabel this Rule from “Real Property Law Rule No. 2 – Comprehensive Housing Division
Residential Sales” to “Real Property Law Rule No. 4 – Comprehensive Housing Division
Residential Sales;”
 Change the selection process from a highest qualified offer process to lottery draw process,
through the following revisions:
 Require the Comprehensive Housing Division to provide the lottery date in the
advertisement. [Rule 4.4-1(b)].
 Clarify that the prequalification letter, regardless of lender, must be included with
the offer to purchase in the sealed envelope, to be considered a valid offer to
purchase for the lottery drawing. [Rule 4.6-2, 4.7-2].
 Require that offers to purchase must be for the listing price. Offers to purchase for
less than the listing price will not be considered, while offers to purchase for over
the listing price do not provide the offeror with a competitive advantage as the
Comprehensive Housing Division will not accept payment over the listing price.
[Rule 4.7-2(a)].

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

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Provide that prior to accepting an offer to purchase for the drop box, Bay Bank staff
shall ensure the offer is sealed and initial and date the offer, while also eliminating
the provision which addressed how Bay Bank Staff handled receipts of offers to
purchase made at the same time and date. [Rule 4.7-2(c)].
 Eliminate the provision which provides there is no limit as to how many offers to
purchase a Tribal member may submit within an offer period, and clarify that there
is allowed a maximum of one offer to purchase, and that multiple offers to purchase
will not be considered. If multiple offers to purchase are submitted from the same
offeror for a listing, that offeror will be disqualified and all offer to purchases from
said offeror will be ineligible for that lottery drawing. [Rule 4.7-2(d)].
 Revise when the Comprehensive Housing Division can collect the offers to
purchase from the business day immediately following the close of the offer period
to the date of the lottery. [Rule 4.7-3].
 Eliminate the provisions that provide that upon receipt of the offers to purchase
from Bay Bank, the Comprehensive Housing Division shall post the dollar amount
of the highest prequalified offer to purchase received on the Nation’s website; and
that offers to purchase received for which the Comprehensive Housing Division did
not receive proof of prequalification will not be considered. [Rule 4.7-3].
 Provide that upon receipt of the offers to purchase from Bay Bank, the
Comprehensive Housing Division shall host a public (in-person or virtual) lottery
date in which all sealed offers to purchase will have one half of a two-ticket raffle
ticket stapled to the sealed envelope with the other half of the ticket placed in a
lottery bucket. [Rule 4.8-1].
 Provide for who does the selection of the lottery drawing and how an offer to
purchase is selected through the lottery drawing. [Rule 4.8-2].
 Require the Comprehensive Housing Division to immediately confirm the selected
offer to purchase was prequalified, and if so, inform the selected buyer and proceed
to closing and residential lease signing. [Rule 4.8-3].
 Require that in the event the first selected buyer cannot proceed with closing and a
residential lease signing, Comprehensive Housing will move in chronological order
to the next ticket drawn at the time of the lottery drawing. [Rule 4.8-3].
Include a new provision which addresses minimum advertisement requirements for houses
that do not sell and requires that the Comprehensive Housing Division list each property
prepared for sale a minimum of three (3) times before Comprehensive Housing Division
asks the Oneida Land Commission to consider a use of the property that is potentially not
residential. [Rule 4.9-1].




The Rule was developed in accordance with the Real Property law which provides the regulations
and procedures for the transfer, control and management of the territory within the Reservation
and all Tribal land; to integrate these regulations and procedures with the real property laws and
practices of other federal and state sovereigns which may hold jurisdiction within the Reservation;
and to establish licensing and certification requirements for the Nation’s employees dealing with
real property transactions. [6 O.C. 601.1-1]. The Real Property law delegates joint administrative
rulemaking authority to the Oneida Land Commission and the Comprehensive Housing Division
to provide process requirements, including but not limited to advertising, notice, prequalification,

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

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ONEIDA

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and selection, that apply in all circumstances when the Nation is selling a residential property. [ 6
O.C. 601.12-1].
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 Real Property Law Rule No. 2 – Comprehensive
Housing Division Residential Sales.

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

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ONEIDA

~

=DDDDOO=

ONEIDA
TO:

Legislative Operating Committee

FROM:

Michelle Hill, CHD Area Manager

DATE:

9-9-2024

COMPREHENSIVE HOUSING
DIVISION
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135

2913 Commissioner Street
PO Box 68
Oneida, WI 54155
(920) 869-2227
Fax(920)869-2836

SUBJECT: Request for Certification of Procedural Compliance of Real Property Rule No. 4 Residential Sales

The Comprehensive Housing Division, as defined in the Real Property law, is exercising its rulemaking
authority to further define sections of Title 6 Property and Land - Chapter 601 ; Real Prope1ty.
This rule is an amendment to the earlier rule (which was previously Real Property Rule #1) which changes the
process from a highest bidder above the asking price selection method to a new lotte1y method whereby no
homeowner ever pays above the appraised value of the home.
In accordance with the Administrative Rulemaking law, a public meeting was held for this rule on Thursday,
July 11, 2024 at the Comprehensive Housing Division Front Conference Room which was not attended by any
members of the community. There was 1 written comment received during the written comment period, which
expired on July 19, 2024.
The following attachments are included for your review:
1. Real Property Rule No. 4 - Residential Sales (redline to public meeting draft and clean versions) 1
2. Comprehensive Housing Division Rule Approval
3. Land Commission Rule Approval
4. Updated Summary Report
5. Public Meeting Packet
6. Copy of Public Meeting Published in the Kalihwisaks - Page 22 of the July 2024 Issue and page 31 of the June
Issue
7. No Public Meeting Sign-in Sheet is attached because no one attended the meeting.
8. Public meeting transcription from the July 11 , 2024 Public Meeting
9. Written Comment Received
10. Public Meeting Comment Memorandum
Following certification, this rule shall become effective immediately.

1 The rule was original Real Property Rule #1; we knew that we would have a LANDBAC rule as the new Real Property #1 when this

rule when to public meeting so we made this Real Property Rule #2 in the public meeting draft and since completing review of the
land use processes, it has been determined this should be Real Property #4. CHD has determined that because there are no content
revisions to the rule, an additional public meeting is not required to implement the change to renumber this Real Property Rule #4.

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RED LINE TO PUBLIC MEETING DRAFT

Title 6. Property and Land - Chapter 601
REAL PROPERTY
Residential Sales
Division
Housing
ive
Rule # ~1:. - Comprehens
~h-P-tti=pese--at1a-Effective Date

2.2. Adoption, Amendment and Repea-1~efinition s
2.4. Advertising and Showi-ttgs
~ of First Refusal to Current Tenant
2.6. Prequalification
2.7. Offers to Purchase
2.8. Offer to Purchase Lottery
2.9. Houses That Do Not Sell
24.1 . Purpose and Effective Date
4.2. Adoption, Amendment and Repeal
4.3. Definitions
4.4. Advertising and Showings
4.5. Right of First Refusal to Current Tenant
4.6. Prequalification
4.7. Offers to Purchase
4.8. Offer to Purchase Lotte1y
4.9. Houses That Do Not Sell

Purpose and Effective Date
4.1.
· 21.1-1. Pt117Jose. The purpose of this rule is to provide the requirements for both the Nation and
potential buyer when the Comprehensive Housing Division offers a residential property for sale.
2.1.1-2. Delegation. The Real Property law delegated the Comprehensive Housing Division and
Land Commission joint rnlemaking authority pursuant to the Administrative Rulemaking law.
2,1.2. Adoption, Amendment ancl Repeal
2.1.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land
Commission in a.ccordance with the procedures of the Administrative Rulemaking law.
2.1.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing
Division and Land Commission pursuant to the procedures set out in the Administrative
Rulemaking law.
2.1.2-3. 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.
2.1.2-4. 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.
2.1.2-5. This rule supersedes all prior rules, regulations, internal policies or other requirements
relating to the Real Property law.
2,1.3. Definitions
21.3-1. 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.
(a) "Appraisal Value" means the estimated worth of the property based on a review of the
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property'and market values.
(b) "Nation" means the Oneida Nation.
(c) "Tribal Member" means an individual who is an emolled member of the Nation.
(d) "Offer to purchase packet" means that the offer to purchase must be submitted with a
prequalification letter in a sealed plain envelope on the day Comprehensive Housing
Division has determined to be the day they accept the offers to purchase.
l,1.4. Advertising and Showings
;!_4.4-1. Advertising. The Comprehensive Housing Division shall advertise all homes for sale by
the Nation both on the Nation's website and at the Comprehensive Housing Division.
~4a) The Comprehensive Housing Division shall use the home's appraisal value as the
listing price on the advertisement.
(b) The Comprehensive Housing Division shall provide the showing dates, the
prequalification and offer periods and the lottery date in the advertise1nent.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, the advertisement shall also include the costs estimated by the Comprehensive
Housing Division for the minimum improvements required to make the residence eligible
for an occupancy permit. In addition, the cost estimate shall also include estimated costs
to address any health and safety issues which may not amount to a code violation affecting
an occupancy permit. The estimate shall include a disclaimer that the actual costs of the
improvements may exceed the costs estimated by the Comprehensive Housing Division.
;!_1.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall
conduct showings over the course of one (1) week with a minimum of two (2) public showings
wherein one (1) showing is required to be conducted during the Nation's business hours and one
(1) showing is required to be conducted after the Nation's business hours. In addition to the two
(2) required public showings, the Comprehensive Housing Division may schedule private
showings upon a potential buyer's request at Comprehensive Housing Division' s discretion.
l,1.5. Right of First Refusal to Current Tenant
;!_1,5-1. Right of First Refi1sal to Current Tenant. If the Nation choses to cease renting a property
with a current tenant and choses to sell said property as residential property as is, provided that the
tenant is in good standing with the rental agreement, the Comprehensive Housing Division shall
offer the tenant the right of first refusal to purchase the home subject to the mortgage requirements.
l,1.6. Prequalification
;!_1,6-1. Setting the Prequalification Period. The Comprehensive Housing Division shall set the
prequalification period as the week inunediately following the showing week.
;!_1,6-2. Prequalification Required. All interested buyers shall provide proof of prequalification for
the homes listed pi'ice in order to be eligible to submit an offer to purchase. The prequalification
letter, regardless of lender, must be included with the offer to purchase in the sealed envelope, to
be considered a valid offer to purchase for the lottery drawing.
(a) Prequalification may . be from the Comprehensive Housing Division or an outside
lender.
(b) If an interested buyer plans to finance the purcha~e through a mortgage from the ·
Comprehensive Housing Division, the interested buyer shall schedule a meeting with the
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Comprehensive Housing Division during the prequalification week in order to determine
eligibility.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, an interested buyer is required to be pre-approved for the listed price of the
home as-is as well as the costs estimated by the Comprehensive Housing Division for the
minimum improvements required to make the residence eligible for an occupancy permit
and to address any health and safety issues that may not amount to code violations affecting
an occupancy permit.
2-.1,.7. Offers to Pm·chase
21.7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for
sale, it shall set an offer period of one (1) business day during which offers to purchase may be
submitted at the Bay Bartle drop box. The Comprehensive Housing Division may extend the offer
period by providing notice of the extension both on the Nation's website, and at Bay Bank and the
Comprehensive Housing Division. The Comprehensive Housing Division shall disqualify offers
to purchase received outside of the offer period.
21,7-2. Making an Offer to Purchase. Tribal members wishing to make an offer to purchase on a
home for sale by the Nation may do so by submitting an offer to purchase at the Bay Bartle drop
box, in person, using the offer to purchase form available on the Nation's website and at the
Comprehensive Housing Division. An approved lender A._prequalification letter from
Comprehensive Housing Division or another a lender approved by Comprehensive Housing
Division must be included with the offer to purchase, regardless of lender. Comprehensive
Housing Division letters of prequalification must be submitted .vith offer to purchase. Offers to
purchase that are not submitted using the Nation's form will not be accepted by the Comprehensive
.
Housing Division.
(a) Offers to purchase must be for the listing price. Offers received for less than the listed
price will not be considered, and GHDComprehensive Housing Division will not accept
offers above the listing price.
(b) Offers to purchase that do not include at least one (1) Tribal member will not be
considered.
(c) Prior to accepting an offer to purchase for the drop box, Bay Bank staff shall date and
time stamp or sign the offer to purchase and ensure it is sealed and initial and date the
sealed offer.
(d.) Multiple offers) Offers may submit a maximum of one (1) offer to purchase will not
-be consideredper residential sale site. If multiple offers to purchase are submitted from the
same offeror for a listing, that offeror will be disqualified andresulting in all effetthe
offeror' s offers to purchasespurchase being disqualified and removed from
saieconsideration in the offeror will be ineligible for thatselection lottery drawing.
~ .7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive Housing
Division staff may not collect the offers to purchase until the day of the lottery.
1

2-_1.8.

Offer to Purchase Lottery

l1.8-l. Lotte1J' Date. Upon receipt of the offers to purchase from Bay Bartle,--the Comprehensive
Housing Division shall host a public (in-person or virtual) lottery date. All sealed offers to purchase
will have one half of a two-ticket raffle ticket stapled to the sealed envelope with the other half of
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the ticket placed in the lottery bucket.
2_1.8-2. LotteJJ' Dmwing. If members of the public are present for the lottery date, then a citizen
shall be asked to select a raffle ticket to select a raffle ticket from the lottery bucket. If no members
of the public are present at the lottery date, then a Comprehensive Housing Division administrator
shall be asked to select the raffle ticket from the lottery bucket. The offer in the sealed envelope
with the matching ticket that was drawn from the lottery bucket will be the first offer to purchase
eligible for the home contingent on the application packet being complete. Once the first offer to
purchase is drawn Comprehensive Housing Division will proceed to pick all remaining tickets and
record the ticket number and offeror in chronological order. If the first draw is not eligible
Comprehensive Housing Division will move on to the second draw and so forth until there is an
accepted offer to purchase.
2_1.8-3. Comprehensive Housing Division Confirmation of Prequalijied Offer. Comprehensive
Housing Division staff shall open the selected offer immediately to ensure the offeror prequalified.
If the selected offer prequalified as required, Comprehensive Housing Division staff shall inform
the selected buyer and proceed to closing and residential lease signing.
---(-aa)+---J n the event the first selected buyer caimot proceed with closing and a residential
lease signing, Comprehensive Housing will move in chronological order to the next ticket drawn
at the time of the lottery drawing.
2_4.8-4. Financing. If financing is required, the selected buyer may choose to finance either through
the Nation's mortgage program or through an approved outside lender approved by
Comprehensive Housing Division.
2_1.8-5. No Appeal. -The decisions made in regard to Comprehensive Housing Division residential
sales are final.- Neither the Oneida Judiciary nor any administrative body, including a board,
committee or commission is authorized to hear a complaint in regard to Comprehensive Housing
Division decisions related to residential sales.

i~.9. Houses That Do Not Sell
2_4.9-1. ~Minimum Advertisements. Comprehensive Housing Division shall list each property
prepared for sale a minimum oftlll'ee (3) times before Comprehensive Housing Division asks the
Land Commission to consider a use of the property that is potentially not residential. For this
section, listing a property for sale entails the entire residential sales process including
advertisement, prequalification, offer to purchase submittals and lottery draws.
End.
Original effective elate:
Amendment effective dale:

03-09-20 I 7

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Title 6. Property and Land - Chapter 601
REAL PROPERTY
Residential Sales
Division
Housing
nsive
Rule # 2 - Comprehe
•
2. I. Purpose and Effective Date
2.2. Adoption, Amendmen t and Repeal
'
2.3. Definitions
2.4. Advertising and Showings
2.5. Right of First Refusal to Current
Tenant
2.6. Prequalifica tion
2.7. Offers to Purchase
2.8. Final Decision

Purpose and Effective Date
2.1.
2.1-1. Purpose. The purpose of this rule is to provide the requirements for both the Nation and
potential buyer when the Comprehensive Housing Division offers a residential prope1ty for sale.
2.1-2. Delegation. The Real Property law delegated the Comprehensive Housing Division and
Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.
Adoption, Amendment and Repeal
2.2.
2.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land
Commission in accordance with the procedures of the Administrative Rulemaking law.
2.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing
Division and Land Commission 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 p01iions.
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 Real Property law.
Definitions
2.3.
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 ordinaiy and everyday sense.
(a) "Appraisal Value" means the estimated w01ih of the prope1ty based on a review of the
prope1ty and market values.
(b) "Nation" means the Oneida Nation.
(c) "Tribal Member" means an individual who is an emolled member of the Nation.
Advertising and Showings
2.4.
2.4-1. Advertising. The Comprehensive Housing Division shall adve1iise all homes for sale by
the Nation both on the Nation' s website and at the Comprehensive Housing Division.
(a) The Comprehensive Housing Division shall use the home's appraisal value as the
listing price on the advertisement.
(b) The Comprehensive Housing Division shall provide the showing dates and
prequalification and offer periods in the advertisement.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
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an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, the advertisement shall also include the costs estimated by the Comprehensive
Housing Division for the minimum improvements required to make the residence eligible
for an occupancy permit. In addition, the cost estimate shall also include estimated costs
to address any health and safety issues which may not amount to a code violation affecting
an occupancy permit. The estimate shall include a disclaimer that the estimate is just that
and actual costs of the improvements may exceed the costs estimated by the
Comprehensive Housing Division.
2.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall
conduct showings over the course of one (1) week with a minimum of two (2) public showings
wherein one (1) showing is required to be conducted during the Nation's business hours and one
(1) showing is required to be conducted after the Nation's business hours. In addition to the two
(2) required public showings, the Comprehensive Housing Division may schedule private
showings upon a potential buyer's request at its discretion.

Right of First Refusal to Current Tenant
2.5.
2.5-1. Right of First Refi1sal to Current Tenant. If the Nation choses to cease renting a property
with a current tenant and choses to sell said property as residential property as is, provided that the
tenant is in good standing with the rental agreement, the Comprehensive Housing Division shall
offer the tenant the right of first refusal to purchase the home subject to the mortgage requirements.
Prequalification
2.6.
2.6-1. Setting the Prequalifi.cation Period. The Comprehensive Housing Division shall set the
prequalification period as the week immediately following the showing week.
2.6-2. Prequalifi.cation Required. All interested buyers shall provide proof of prequalification for
the homes listed price in order to be eligible to submit an offer to purchase.
(a) Prequalification may be from the Comprehensive Housing Division or an outside
lender.
(b) If an interested buyer plans to finance the purchase through a m01igage from the
Comprehensive Housing Division, the interested buyer shall schedule a meeting with the
Comprehensive Housing Division during the prequalification week in order to determine
eligibility.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, an interested buyer is required to be pre-approved for the listed price of the
home as-is as well as the costs estimated by the Comprehensive Housing Division for the
minimum improvements required to make the residence eligible for an occupancy permit
and to address any health and safety issues that may not amount to code violations affecting
an occupancy permit.
Offers to Purchase
2. 7.
2.7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for
sale, it shall set an offer period of one (1) business day during which offers to purchase may be
submitted at the Bay Bank drop box. The Comprehensive Housing Division may extend the offer
period by providing notice of the extension both on the Nation's website, Bay Bank and the
Comprehensive Housing Division. The Comprehensive Housing Division shall disqualify offers
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to purchase received outside of the offer period.
2.7-2. Making an Offer to Purchase. Tribal members wishing to make an offer to purchase on a
home for sale by the Nation may do so by submitting an offer to purchase at the Bay Bank drop
box, in person, using the offer to purchase form available on the Nation's website and at the
Comprehensive Housing Division. Offers to purchase that are not submitted using the Nation's
form will not be accepted by the Comprehensive Housing Division.
(a) Offers to purchase for less than the listing price will not be considered.
(b) Offers to purchase that do not include at least one (1) Tribal member will not be
considered.
(c) Prior to accepting an offer to purchase for the drop box, Bay Bank staff shall date and
time stamp all offers to purchase upon receipt. In the event that multiple parties arrive at
the same time to submit an offer to purchase (i.e. if parties are waiting to submit prior to
business hours), Bay Bank staff shall determine the order of receipt through a lottery
system in which each party receives a number by chance. Bay Bank staff shall number the
offers having the same date and time stamps by from lowest drawn number to highest
drawn number.
(d) There is no limit as to how many offers to purchase a Tribal member may submit within
an offer period.
2.7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive Housing
Division staff may not collect the offers to purchase until the business day immediately following
the close of the offer period. Upon receipt of the offers to purchase from Bay Banlc, the
Comprehensive Housing Division shall post the dollar amount of the highest prequalified offer to
purchase received on the Nation' s website; no personal information of the offeror may be included
in this posting. Offers to purchase received for which the Comprehensive Housing Division did
not receive proof of prequalification will not be considered.
2.7-4. Buyer Selection. When the Comprehensive Housing Division receives multiple offers to
purchase on a home for sale by the Nation, it shall select the buyer based on the highest prequalified
offer received within the offer period. In the event there is a tie for the highest prequalified offer
to purchase received within the offer period, the Comprehensive Housing Division shall select the
offer that was received earliest based on the date and time stamp.
2.7-5. Financing. If financing is required, the selected buyer may choose to finance either
through the Nation's mortgage program or through an outside lender.

Final Decision
2.8.
2.8-1. No Appeal. The decisions made in regard to Comprehensive Housing Division residential
sales are final. Neither the Oneida Judiciary nor any administrative body, including a board,
committee or commission is authorized to hear a complaint in regard to Comprehensive Housing
Division decisions related to residential sales.
End.
Original effective date:
Amendment effective date:

03-09-2017

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r'\

ODOOOO

ONEIDA
TO:

Legislative Operating Committee

FROM:

Mark W. Powless, General Manager

DATE:

September 9, 2024

DIVISION
COMPREHENSIVE HOUSING
16 of
135
2913 Commissioner Street
PO Box 68
Oneida, WI 54155
(920) 869-2227
Fax (920) 869-2836

SUBJECT: Residential Sales Rule - CHO Approval
Due to the Comprehensive Housing Director being out of office, as the General Manager, on behalf of the
Comprehensive Housing Division, I approve the current draft of the Residential Sales Rule with no changes
being made since the July 11, 2024 Public Meeting.

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Oneida Land Commission

ONEIDA

Regular Meeting
5:00 p.m. Monday, September 23, 2024
Little Bear Conference Room & Microsoft Teams

mooDD=

Minutes
Present: Vice Chair Sidney White, Commissioners : Marie Cornelius, Patricia Cornelius, Russell Metoxen
•
Jr., Frederick Muscavitch, Gina Powless-Buenrostro
,
A~wd~N~
.•· .•• •• •·•
Excused:
Lauren Hartman, Michelle Hill,
Fiowers,
Victoria
Doxtator,
Brooke
Benton,
Sherrole
Others Present:
Tehassi Hill, Eric Mclester, Mark W. Powless, Nicole Romfhel,,
-:::.

Nomina.tidr,s bpen for'Ch~if:,Gina 'Powless-Buenrostro ndmtnates Sidney White for Chair, Sidney accepts
withoufbeihg sole represehtative at fri'e' General Trib'a) Council meetings, no other nominations made, all
.,, •·
•,
those in favor:
'{ i Marie c'otnelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes:
···;Muscavitch ;:Gina Powless-Buenrostro
-.;

.

;,;

-.-: :,,

Nominations open for:.:, '
//'' ·
'·•·•' •
Motion carried :
... ·rv,a fie Co,rnelius, Patdda Cornelius, Russell Metoxen Jr., Frederick
; Ayes:
• • 1\/luscavitch • . . ·"
6stro
Gina·.powless-Buerir
Abstained : '
.
-~:: / -~
'

VI.

TABLEO •ijl)S!~ESS

VII.

OLD BUSINESS "' • • ;:'
A. Determine next steps regarding Veteran Memorial Wall Naming
Sponsor: Diane Wilson' •

Motion by Gina Powless-Buenrostro to get input from Oneida Nation Veterans Affairs Committee,
seconded by Marie Cornelius. Motion carried :
Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes:
Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes
Page 2 of 6

September 23, 2024

20 of 135

B. Approve the Tribal Housing Reacquisition of Individual Fee and Trust Title (THRIFTT)
Standard Operating Procedure (Handout)
Sponsor: Nicole Rommel
Motion by Frederick Muscavitch to defer to the next meeting , seconded by Gina Powless-Buenrostro.
Motion carried:
Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes:
Muscavitch, Gina Powless-Buenrostro

C. Approve the Naming Standard Operating Procedure (Handout)
Sponsor: Nicole Rommel
Motion by Gina Powless-Buenrostro to defer to the next meeting , seconded by Frederick Muscavitch .
;; ./,
Motion carried:
Marie Cornelius, Patricia Cot'riEJljus, Russell Metoxen Jr., Frederick
Ayes:
Muscavitch, Gina Powless~Buenrostro
., .

...

. -:.

VIII. . NEW BUSINESS
A. Approve Rule# 4 - Comprehensive Housing~Division ~esidential Sal~s
'
• ,;", , .••.· •·
Sponsor: Michelle Hill
.". -:..

·,

.
•

Motion by Gina Powless-Buenrostro to appfove Rule# 4 - Compr ehensive Housing Division Residential
':
Sales, seconded by Frederick Muscavitch. 'Mofioh carried:
Patricia Cornelius, Russell Metoxen \ Jr., Frederick Muscavitch, Gina
Ayes:
''
Powless-Buenrostro' •
·~ . :-'
/·· M~rie Corn81i\J·s
Abstained :

>,

For the record: Marie at;,stained be~aus'e she waAted moi e time to rkad the documents.

B. Determine next steps regardiri'g Rights of Nature laws
Sponsor: Sherr:ole Benton .• · ... ' ' • , ' , , . '::, , .
.:{~ .f

id

Motionb'y Gina Powless~Buenrostr~ pirect the En0i~d:nmental Department to review the ordinance and
provide recommendations related to erih9 hced water protections and rights of nature, seconded by
Frederick Muscavitch . Motion carried :
' :Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
❖ Ayes:
·rvi uscavitch ,' Gina Powless-Buenrostro
.,,

IX.

REPORTS (FY-24 DEAD ~I.N,E~ :~1'-FEB 6, SEMI-ANNUAL-APR, Q2-APR 30, Q3-AUG 6, ANNUAL-OCT, Q4-NOV 5)
-:-._~-. ,: : }

~:.

t :-: .

Motion by Gina Powless-Buenrostro to go into executive session at 5:47 p.m., seconded by Marie
Cornelius. Motion carried :
Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes:
Muscavitch, Gina Powless-Buenrostro
Motion by Gina Powless-Buenrostro to 6:59 p.m., seconded by Patricia Cornelius. Motion carried:
Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes :
Muscavitch, Gina Powless-Buenrostro

Oneida Land Commission

Regular Meeting Minutes
Page 3 of 6

September 23, 2024

21 of 135

X.

EXECUTIVE SESSION
A. PROBATES
1. Approve Probate Hearing Date for Louis T. Delgado and Assign Case# 2024-LCP-0003
Sponsor: Cindy Leeker

Motion by Marie Cornelius to assign Case# 2024-LCP-0003 and to bring back recommended hearing
dates and updates to officers, seconded by Gina Powless-Buenrostro . Motion carried :
Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes :
Muscavitch , Gina Powless-Buenrostro

2. Approve Probate Hearing Date for Dawn L. Beec,htree·; and Assign Case# 2024-LCP.•.• ,,
·
0004
Sponsor: Cindy Leeker
.

..

.. :

Motion by Marie Cornelius to assign Case# 2024-LCP-0004 and to bring·b.ack recommended hearing
dates and updates to officers, seconded by Gina powless-Buenrostro . Moticir(carried :
Marie Cornelius; Patricia Cornelius, Russell Metoxen Jr., Frederick
Ayes :
•
Muscavitch, Gina 'Powless-Buenrostro
.. ' .
'~.

3. Approve Probate Hearing Date for Leo W. Su~dqui_si , and Assign Case# 2024-LCP•~ ;,
•
0006
·,:
Sponsor: Cindy Leeker
\

Motion by Marie Cornelius to assign Case #'202~-LCP-QOQ9 ;:ind t; 'bri ~g ,back recommended hearing
dates and updates to offiGers,;seconded by G'ina Powless 0 Buer,rostro. 'Mofi9n carried :
'rviarie Cornelius ;❖ Patricla' tcirrielius, Russell Metoxen Jr.' Frederick
Ayes: .•·
osfro
Muscavitch, Gina··Powless-Bue'rir
• •
;: .
N

••

••

B. LEASES
-::·.

1 . • Re~App~ove Master Gr6und Lease for Fil; #. 0502401 COM pg.
••
• • ••
, C . . ·•·· Sponsor: Ni¢olet Rommel ..
•:, .
-::::};:; :- .
' -~\:·:
~/\ <>_··
Motion by !Ylari~ Cornelius tci approve the Master Ground Lease for File # 0502401 COM with the Land
suisition Managers recommendation of
seconded bY Frederick Muscq\ljtch. Motion carried:
Marie Cornelius, Patricia Cornelius, Russell Metoxen Jr., Frederick
'

XI.

ADJOURNMENT
Motion by Gina Powless-Buenrostro to adjourn at'7:05-.p.m., seconded by Marie Cornelius. Motion
'
'
carried :
Marie Cornelius, P; fricia Cornelius/ Russell Met;;en Jr., Frederick
Ayes:
•••
Muscavitch, Gina Powless.::Buerfrostro
"" ':

-~: ;
·-:.:,.: ,:

··-:._ ,(,:,: 0,

.~-

",, },,
' • • '. '..'. . .
Roll call for the record:
Present: Chair Sidney White, Vice Chair Russell Metoxen Jr.>s ~cr;etary Frederick Muscavitch,
Commissioners: Marie Cornelius, Patricia Cornelius, Gina Powies$~'$µenrostro
·-:.:

._,

•

'{.

·::C

'· :::

:-\,

Minutes prepared by Brooke Doxtator, Boards, Committees, and Commissions Supervisor.
Minutes approved as presented _ _ _ __

Frederick Muscavitch, Secretary
Oneida Land Commission

Oneida Land Commission

Regular Meeting Minutes
Page 6 of 6

September 23, 2024

24 of 135

25 of 135

Summary Report for Real Property Law Rule No. 4 - CHD Residential Sales
Original effective date: 03-09-2017
Amendment effective date: asap

Name of Rule: Real Property Law -Rule No. 2 CHD Residential Sales

Name of law being interpreted: Real Property Law

Rule Number: No. 4

Other Laws or Rules that may be affected: None

Brief Summary of the proposed rule:
We are changing the process of how CHD sells our Residential Sales homes. We are deleting the highest
accepted offer from the current rule and changing it to a lottery draw contingent upon applicant's
prequalification. We will no longer accept offers above asking/listed price .
Statement of Effect: See attached.

Financial Analysis: See Attached.

Note: In addition- the agency must send a written request to each entity which may be affected by the
rule- asking that they provide information about how the rule would financially affect them.
The agency must include each entity's response in the financial analysis. If the agency does not receive a

response within 10 business days after the request is made, the financial analysis can note which entities
did not provide a response.

26 of 135

27 of 135

Financial Analysis for Real Property Law Rule No. 4 CHD Residential Sales

Description/Comment

Type of Cost

Start Up Costs

0
0
0
0
0

Personnel
Office
Documentation Costs
Estimate of time necessary for an individual
or agency to comply with the rule after
implementation
Other, please explain

Total

Dollar Amount

The amount of financial impact
fluctuates house by house based
on market demand. See attached
table which summarizes
Residential Sales in the last two
years. The chart provides the list
purchased priced which is based
on the appraisal after
improvements by CHO. The fina l
sale price is the highest eligible
offer accepted by t he Nation.

TBD

?\i;v?t Qa ttt:\-,u:,h-wl

0

28 of 135

Comprehe nsive Housing
Residential Sales
2022 - 2024
2022
May
November
December

ADDRESS
W788 County Rd VV
W882 Bain Road
W223 Crook Road

2023

ADDRESS

August
August

602 Florist Dr
1329 Onu-u-sla Way

ASKING PURCHASE PRICE

$241,234.00

$390,000.00
$200,000 .00

$421,000.00
$240,000.00

TOTAL:

$902,234.00

ASKING PURCHASE PRICE
$225,000.00
$210,000 .00

TOTAL:

2024

ADDRESS

February

1071 Riverdale Dr

PURCHASE PRICE

$200,000.00

ASKING PURCHASE PRICE

PURCHASE PRICE
$276,000.50
$230,005.05
$506,005.55

PURCHASE PRICE

$260,000 .00

$308,000.00

TOTAL:

$308,000.00

29 of 135

r'\_

Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida•nsn.gov

OOCJODO

ONEIDA

Statement of Effect
Amendments to the Real Property Law Rule No. 2 - Comprehensive Housing Division
Residential Sales

Summa,y
The amendments to the Real Property Law Rule No. 2 - Comprehensive Housing Division
Residential Sales:
• Relabel this Rule from "Real Property Law Rule No. 2 - Comprehensive Housing
Division Residential Sales" to "Real Property Law Rule No. 4 - Comprehensive Housing
•
•

Division Residential Sales;"
Change the selection process from a highest qualified offer process to lottery draw
process; and
Addresses the minimum advertisement requirements for houses that do not sell.

Submitted by: Clarissa N. Leeman, Senior StaffAttorney, Legislative Ref erence Office
Date: September 30, 2024
Analysis by the Legislative Reference Office
The Administrative Rulemaking law provides authorized agencies the opportunity to promulgate
rules interpreting the provisions of any law enforced or administered by it; provided that, a rule
may not exceed the rulemaking authority granted under the law for which the rule is being
promulgated. [l O.C. 106.4-1]. Rulemaking authority is defined as the delegation of authority to
authorized agencies found in the Nation's laws, other than the Administrative Rulemaking law,
which allows authorized agencies to implement, interpret and/or enforce a law of the Nation. [l
O.C. 106.3-l(;J]. An authorized agency is defined as "any board, committee, commission,
department, program or officer of the Nation that has been granted rulemaking authority." [l O.C.
106.3-l(a)].
The Real Property law provides regulations and procedures for the transfer, control and
management of the territory within the Reservation and all Tribal land; to integrate these
regulations and procedures with the real property laws and practices of other federal and state
sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and
certification requirements for the Nation's employees dealing with real property transactions. [6
0. C. 601.1-1]. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder' s rights and responsibilities. [6 O.C. 601 .1-1}.
Page 1 of 3

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

30 of 135

The Real Pro_perty law delegates joint administrative rulemaking authority to the Oneida Land
Commission and the Comprehensive Housing Division to provide process requirements, including
but not limited to advertising, notice, prequalification, and selection, that apply in all circumstances
when the Nation is selling a residential property. [ 6 O. C. 601.12-1].
The purpose of the Real Property Law Rule No. 2 - Comprehensive Housing Division Residential
Sales ("the Rule") is to provide the requirements for both the Nation and potential buyer when the
Comprehensive Housing Division offers a residential property for sale. [Rule 2.1-1]. The proposed
amendments to the Rule:
Relabel this Rule from "Real Property Law Rule No. 2 - Comprehensive Housing Division
■
Residential Sales" to "Real Prope1ty Law Rule No. 4 - Comprehensive Housing Division
■

Residential Sales;"
Change the selection process from a highest qualified offer process to lottery draw process,
through the following revisions :
Require the Comprehensive Housing Division to provide the lottery date in the
■
adve1tisement. [Rule 4.4-1 (b)].
Clarify that the prequalification letter, regardless of lender, must be included with
■
the offer to purchase in the sealed envelope, to be considered a valid offer to
purchase for the lottery drawing. [Rule 4.6-2, 4. 7-2].
Require that offers to purchase must be for the listing price. Offers to purchase for
■
less than the listing price will not be considered, while offers to purchase for over
the listing price do not provide the offeror with a competitive advantage as the
Comprehensive Housing Division will not accept payment over the listing price.
■

■

■

■

[Rule 4. 7-2(a)}.
Provide that prior to accepting an offer to purchase for the drop box, Bay Bank staff
shall ensure the offer is sealed and initial and date the offer, while also eliminating
the provision which addressed how Bay Bank Staff handled receipts of offers to
purchase made at the same time and date. [Rule 4. 7-2(c)}.
Eliminate the provision which provides there is no limit as to how many offers to
purchase a Tribal member may submit within an offer period, and clarify that there
is allowed a maximum of one offer to purchase, and that multiple offers to purchase
will not be considered. If multiple offers to purchase are submitted from the same
offeror for a listing, that offeror will be disqualified and all offer to purchases from
said offeror will be ineligible for that lottery drawing. [Rule 4. 7-2(d)].
Revise when the Comprehensive Housing Division can collect the offers to
purchase from the business day immediately following the close of the offer period
to the date of the lottery. [Rule 4. 7-3].
Eliminate the provisions that provide that upon receipt of the offers to purchase
from Bay Bank, the Comprehensive Housing Division shall post the dollar amount
~

(JQ(JQOO
Page 2 of 3

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

ONEIDA

31 of 135

■

■

of the highest prequalified offer to purchase received on the Nation's website; and
that offers to purchase received for which the Comprehensive Housing Division did
not receive proof of prequalification will not be considered. [Rule 4. 7-3].
Provide that upon receipt of the offers to purchase from Bay Bank, the
Comprehensive Housing Division shall host a public (in-person or virtual) lottery
date in which all sealed offers to purchase will have one half of a two-ticket raffle
ticket stapled to the sealed envelope with the other half of the ticket placed in a

lottery bucket. [Rule 4.8-1].
Provide for who does the selection of the lottery drawing and how an offer to
■
purchase is selected through the lottery drawing. [Rule 4.8-2].
Require the Comprehensive Housing Division to immediately confirm the selected
■
offer to purchase was prequalified, and if so, inform the selected buyer and proceed
to closing and residential lease signing. [Rule 4.8-3].
Require that in the event the first selected buyer cannot proceed with closing and a
■
residential lease signing, Comprehensive Housing will move in chronological order
to the next ticket drawn at the time of the lottery drawing. [Rule 4.8-3].
Include a new provision which addresses minimum advertisement requirements for houses
that do not sell and requires that the Comprehensive Housing Division list each property
prepared for sale a minimum of three (3) times before Comprehensive Housing Division
asks the Oneida Land Commission to consider a use of the property that is potentially not
residential. [Rule 4.9-1].

Conclusion
There are no legal bars to adopting the amendments to the Real Property Law Rule No. 2 Comprehensive Housing Division Residential Sales.

Page 3 of 3

/"'"'\
000000
A good mind. A good heart. A strong fire.

ONEIDA

32 of 135

33 of 135

NOTICE OF RESCHE DULED

PUB LIC ME ETI NG
To be held on

Thursday, July 11, 2024
5pm-6pm
In the

Comprehensive Housing Division
Front Conference Room
2913 Commissioner Street, Oneida, WI 54155
In accordance with the Administrative Rulemaking Law, the Comprehensive Housing Division and the Oneida Land Commission are hosting this
Public Meeting to gather feedback from the community regardirrg proposed amendments to the following rule:

Real Property Law Rule No. 2 - CHD Residential Sales
Change Re Property L w Rul No. 2 to Rule No. 1
• Replacing the se ection process from a highest qualified offer
process tco a lotte1y cl.raw process such that homes will continue
to be listed for the appraised value, but buyers will no longer be
able to bi over appraised value to gain a competitive
advantage; and
• Determining what happens to residential sales inventory in the
♦

event tliere are no offers received for a given listing.

tain copies of the Public
www .oneida-ns

•

ents for this proposal,
/PublicMeetin s.

PUBLIC COMM ENT PERIOD
OPEN UNTI L JULY 19, 20 ,....,_.During the Public Comment Period, 1 interested persons may submit
written comments and/or a transc pt of any testimony/spoken comments made during the Public Mee mg. These may be submitted to The
ivision y U.S. mail, interoffice? mail, e-mail or
Comprehensive Housi
fax.
Comprehensiv.e Housing Division
2913 Commissione Street, .011te.uiia 1 WI 54155
mhill@ eidanation .org
Pho e: 920-8 9-2227
Fax: 920-869-2836

34 of 135

Title 6. Property and Land - Chapter 601
REAL PROPERTY
Rule# 2 - Comprehensive Housing Division Residential Sales
2.1 . Purpose and Effective Date
2.2. Adoption, Amendment and Repeal
2.3 . Definitions
2.4. Advertising and Showings
2.5. Right of First Refusal to Current
Tenant
2.6 . Prequalification
2.7 . Offers to Purchase
2.8. Final Decision

2.1 . Purpose and Effective Date
2.2. Adoption, Amendment and Repeal
2.3 . Definitions
2.4. Advertising and Showings
2.5. Right of First Refusal to Current Tenant
2.6. Prequalification
2.7. Offers to Purchase
2.8. Offer to Purchase Lotte1y
2.9. Houses That Do Not Sell

Purpose and Effective Date
2.1.
2.1-1. Purpose. The purpose of this rule is to provide the requirements for both the Nation and
potential buyer when the Comprehensive Housing Division offers a residential property for sale.
2.1-2. Delegation. -The Real Property law delegated the Comprehensive Housing Division and
Land Conunission joint rulemaking authority pursuant to the Administrative Rulemaking law.
Adoption, Amendment and Repeal
2.2.
2.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land
Commission in accordance with the procedures of the Administrative Rulemaking law.
2.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing
Division and Land Commission 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, 1:egulations, internal policies or other requirements
relating to the Real Property law.
Definitions
2.3.
2.3-1. This section governs the definitions of words and plu-ases used within this rule. All words
not defined herein are to be used in their ordina1y and eve1yday sense.
(a) "Appraisal Value" means the estimated worth of the property based on a review of the
property and market values.
(b) "Nation" means the Oneida Nation.
Page 1 ofS

35 of 135

(c) "Tribal Member" means an individual who is an enrolled member of the Nation.
(d) "Residential Sales Offer to Purchase" means offer to purchase that is used only for the
Nation's Residential Sales program.
(e) "Prequalification by an approved lender" means the prequalification letter must be
from a lender who has done and continues to provide mortgage lending on tribally owned
fee and/or trust land.
(f) "Offer to purchase packet" means that the offer to purchase must be submitted with a
prequalification letter in a sealed plain envelope on the day Comprehensive Housing
Division has determined to be the day they accept the offers to purchase.

Advertising and Showings
2.4.
2.4-1. Advertising. The Comprehensive Housing Division shall advertise all homes for sale by
the Nation both on the Nation's website and at the Comprehensive Housing Division.
(a) The Comprehensive Housing Division shall use the home's appraisal' value as the
listing price on the advertisement. •
(b) The Comprehensive Housing Division shall provide the showing dates--aad, the
prequalification and offer periods and the lottery date in the advertisement.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, the advertisement shall also include the costs estimated by the Comprehensive
Housing Division for the minimum improvements required to make the residence eligible
for an occupancy permit. In addition, the cost estimate shall also include estimated costs
to address any health and safety issues which may not amount to a code violation affecting
an occupancy permit. The estimate shall include a disclaimer that the estimate is just that
atHi actual costs of the improvements may exceed the costs estimated by the
Comprehensive Housing Division.
2.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall
conduct showings over the course of one (1) week with a minimum of two (2) public showings
wherein one (1) showing is required to be conducted during the Nation's business hours and one
(1) showing is required to be conducted after the Nation's business hours. In addition to the two
(2) required public showings, the Comprehensive Housing Division may schedule private
showings upon a potential buyer's request-at-its, after the public showings, and at Comprehensive
Housing Division's discretion.
Right of First Refusal to Current Tenant
2.5.
2.5-1. Right of First Refusal to Current Tenant. If the Nation choseschooses to cease renting a
property with a current tenant and choseschooses to sell said property as residential property as is,
provided that the tenant is in good standing with the rental agreement, the Comprehensive Housing
Division shall offer the tenant the right of first refusal to purchase the home subject to the mortgage
requirements.
Prequalification
2.6.
2.6-1. Setting the Prequalifzcation Period. The Comprehensive Housing Division shall set the
prequalification period as the week immediately following the showing week.
2.6-2. Prequalifzcation Required. All interested buyers shall provide proof of prequalification for
the homes listed price in order to be eligible to submit an offer to purchase. -The prequalification
Page 2 ofS

36 of 135

letter, regardless of lender, must be included with the offer to purchase in the sealed envelope, to
be considered a valid offer to purchase for the lotte1y drawing.
(a) Prequalification may be from the Comprehensive Housing Division or an outside
lender who has been confirmed to do lending on tribally owned fee or trust land.
(b) If an interested buyer plans to finance the purchase through a mortgage from the
Comprehensive Housing Division, the interested buyer shall schedule a meeting with the
Comprehensive Housing Division during the prequalification week in order to determine
eligibility.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, an interested buyer is required to be pre-approved for the listed price of the
home as-is as well as the costs estimated by the Comprehensive Housing Division for the
minimum improvements required to make the residence eligible for an occupancy permit
and to address any health and safety issues that may not amount to code violations affecting
an occupancy permit.

Offers to Purchase
2.7.
2.7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for
sale, it shall set an offer period of one ( 1) business day during which offers to purchase may be
submitted at the Bay Bank drop box. The Comprehensive Housing Division may extend the offer
period by providing notice of the extension both on the Nation's website, and at Bay Bank and the
Comprehensive Housing Division.- The Comprehensive Housing Division shall disqualify offers
to purchase received outside of the offer period.
2.7-2. Maldng an Offer to Purchase. Tribal members wishing to make an offer to purchase on a
home for sale by the Nation may do so by submitting an offer to purchase at the Bay Bank drop
box, in person, using the offer to purchase form available on the Nation's website and at the
Comprehensive Housing Division. A prequalification letter must be included with the offer to
purchase. Offers to purchase that do not include a prequalification letter will be disqualified.
Comprehensive Housing Division letters of prequalification must be submitted with offer to
purchase. Offers to purchase that are not submitted using the Nation's form will not be accepted
by the Comprehensive Housing Division.
(a) Offers to purchase must be for the listing price. Offers received for less than the
~ price will not be considered. Offers for more than the listed price will not be
considered.
(b) Offers to purchase that do not include at least one ( 1) Tribal member will not be
considered.
(d) A non-tribal member will not be considered eligible unless they are married to a tribal
member and both are named on the offer to purchase.
(c) Prior to accepting an offer to purchase for the drop box, Bay Bank staff shall date and
time stamp all offers to purchase upon receipt. In the event that multiple parties arrive at
the same time to submit an offer to purchase (i.e. if parties are waiting to submit prior to
business hours), Bay Bank staff shall determine the order of receipt thro'..:igh a lottery
system in which each party receives a number by chance. Bay Bank staff shall number the
offers having the same date and time stamps by from lowest drawn namber to highest
dra1tvn numberor initial /sign the offer to purchase and ensure it is sealed.
(d) There is no limit as to how many offers to purchase a Tribal member may submit within
Page 3 ofS

37 of 135

an offer period.
(d.) Multiple offers to purchase will not be considered. If multiple offers to purchase are
submitted from the same offeror for a listing, that offeror will be disqualified and all offer
to purchases from said offeror will be ineligible for that lotte1y drawing.
Housing
2.7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive
g
Division staff may not collect the offers to purchase until the business day immediately followin
the
Bank,
Bay
from
the close of the offer period. Upon receipt of the offers to purchase
offer to
Comprehensive Ho'dsing Division shall post the dollar amount of the highest prequalified
included
be
may
offerer
purchase received on the Nation's website; no personal information of the
did
in this posting. Offers to purchase received for which the Comprehensive Housing Division
lotte1y.
the
not receive proof of prequalification .,vill not be considered day of
1

v
2.7 4. Buyer Selection. ::when"'"8_.__O..a,._ffi"""e_r"""t""'"o_P"--u"-r_c_h_a"""s"""e_L_o"""t"""te"--r....
hensive
2.8-1. Lotterv Date. Upon receipt of the offers to purchase from Bay Bank, the Compre
it shall
Housing Division receives multiple offers to purchase on a home for sale by the Nation,
one
se-le€t-host a public (in-person or virtual) lottery date. All sealed offers to pmchase will have
highest
half of a two-ticket raffle ticket stapled to the buyer based on sealed envelope with the
for the
prequalified offer received vfithinother half of the offer period. In the event there is a tie
highest prequalified offer to purchase received 1.vithin ticket placed in the lottery bucket.
date,
2.8-2. Lotte,y Drawing. If members of the public are present for the offer period, the lottery
bucket.
lottery
the
then a citizen shall be asked to select a raffle ticket to select a raffle ticket from
Division
If no members of the public are present at the lotte1y date, then a Comprehensive Housing
in the
offer
The
bucket.
administrator shall be asked to select the raffle ticket from the lotte1y
n from
sealed envelope with the matching ticket that was received earliest based on the datedraw
on the
nt
continge
home
the lotte1y bucket will be the first offer to purchase eligible for the
hensive
application packet being complete. Once the first offer to purchase is drawn Compre
and
number
ticket
the
record
Housing Division will proceed to pick all remaining tickets and
eligible
offeror in chronological order as picked from the lotte1y bucket. If the first draw is not
is an
there
until
forth
so
and
draw
Comprehensive Housing Division will move on to the second
accepted offer to purchase.
hensive
2.8-3. Comprehensive Housing Division Confirmation of Pregualified Offer. Compre
fied.
Housing Division staff shall open the selected offer immediately to ensure the offeror prequali
inform
If the selected offer prequalified as required, Comprehensive Housing Division staff shall
the selected buyer and proceed to closing and residential lease signing.
In the event the first selected buyer cannot proceed with closing and a residential
(a)
lease signing, Comprehensive Housing will move in chronological order to the next
ticket drawn at the time stamp. of the lottery drawing.
Financing. - If financing is required, the selected buyer may choose to finance either
2.M 8-4.
ed to
through the Nation's mortgage program or through an outside lender who has been confirm
letter.
fication
prequali
their
to
do lending on any tribally owned fee and/or trust land and according
2.8. Final Decision
No Appeal. The decisions made in regard to Comprehensive Housing Division
5.
~
ga
residential sales are final. Neither the Oneida Judiciary nor any administrative body, includin
hensive
board, committee or commission is authorized to hear a complaint in regard to Compre
Housing Division decisions related to residential sales.
Page 4 ofS

38 of 135

Houses That Do Not Sell
2.9.
2.9-l. Minimum Advertisements. Comprehensive Housing Division shall list each property
prepared for sale a minimum of three (3) times before Comprehensive Housing Division asks the
Land Commission to consider a use of the property that is potentially not residential. For this
section, listing a property for sale entails the entire residential sales process including
advertisement, prequalification, offer to purchase submittals and lottery draws.
End.
Original effective date:
Amendment effective date:

03-09-2017

Page 5 ofS

39 of 135

Title 6. Property and Land - Chapter 601
REAL PROPERTY
Rule # 2 - Comprehensive Housing Division Residential Sales
2.1. Purpose and Effective Date
2.2. Adoption, Amendment and Repeal
2.3. Definitions
2.4. Advertising and Showings
2.5. Right of First Refusal to Current Tenant
2.6. Prequalification
2.7. Offers to Purchase
2.8. Offer to Purchase Lotte1y
2.9. Houses That Do Not Sell

Purpose and Effective Date
2.1.
2.1-1. Pwpose: The purpose of this rnle is to provide the requirements for both the Nation and
potential buyer when the Comprehensive Housing Division offers a residential property for sale.
2.1-2. Delegation. The Real Property law delegated the Comprehensive Housing Division and
Land Commission joint rulemaking authority pursuant to the Administrative Rulemaking law.
Adoption, Amendment and Repeal
2.2.
2.2-1. This rule was jointly adopted by the Comprehensive Housing Division and Land
Commission in accordance with the procedures of the Administrative Rulemaking law.
2.2-2. This rule may be amended or repealed by the joint approval of the Comprehensive Housing
Division and Land Commission 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 Real Property law.
Definitions
2.3.
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 ordina1y and everyday sense.
(a) "Appraisal Value" means the estimated worth of the property based on a review of the
property and market values.
(b) "Nation" means the Oneida Nation.
(c) "Tribal Member" means an individual who is an enrolled member of the Nation.
(d) "Residential Sales Offer to Purchase" means offer to purchase that is used only for the
Nation's Residential Sales program.
(e) "Prequalification by an approved lender" means the prequalification letter must be
from a lender who has done and continues to provide mortgage lending on tribally owned
fee and/or trust land.
(f) "Offer to purchase packet" means that the offer to purchase must be submitted with a
Page 1 of 4

40 of 135

prequalification letter in a sealed plain envelope on the day Comprehensive Housing
Division has determined to be the day they accept the offers to purchase.

Advertising and Showings
2.4.
2.4-l. Advertising. The Comprehensive Housing Division shall advertise all homes for sale by
the Nation both on the Nation's website and at the Comprehensive Housing Division.
(a) The Comprehensive Housing Division shall use the home's appraisal value as the
listing price on the advertisement.
(b) The Comprehensive Housing Division shall provide the showing dates, the
prequalification and offer periods and the lottery date in the advertisement.
(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, the advertisement shall also include the costs estimated by the Comprehensive
Housing Division for the minimum improvements required to make the residence eligible
for an occupancy permit. In addition, the cost estimate shall also include estimated costs
to address any health and safety issues which may not amount to a code violation affecting
an occupancy permit. The estimate shall include a disclaimer that the actual costs of the
improvements may exceed the costs estimated by the Comprehensive Housing Division.
2.4-2. Showings. For each home sold by the Nation, the Comprehensive Housing Division shall
conduct showings over the course of one (1) week with a minimum of two (2) public showings
wherein one (1) showing is required to be conducted during the Nation's business hours and one
(1) showing is required to be conducted after the Nation's business hours. In addition to the two
(2) required public showings, the Comprehensive Housing Division may schedule private
showings upon a potential buyer's request, after the public showings, and at Comprehensive
Housing Division's discretion.
Right of First Refusal to Current Tenant
2.5.
2.5-1. Right of First Refusal to Current Tenant. If the Nation chooses to cease renting a property
with a current tenant and chooses to sell said property as residential property as is, provided that
the tenant is in good standing with the rental agreement, the Comprehensive Housing Division
shall offer the tenant the right of first refusal to purchase the home subject to the mortgage
requirements.
Prequalification
2.6.
2.6-l. Setting the Prequalification Period. The Comprehensive Housing Division shall set the
prequalification period as the week immediately following the showing week.
2.6-2. Prequalification Required. All interested buyers shall provide proof of prequalification for
the homes listed price in order to be eligible to submit an offer to purchase. The prequalification
letter, regardless of lender, must be included with the offer to purchase in the sealed envelope, to
be considered a valid offer to purchase for the lotte1y drawing.
(a) Prequalification may be from the Comprehensive Housing Division or an outside
lender who has been confirmed to do lending on tribally owned fee or tlust land.
(b) If an interested buyer plans to finance the purchase through a mortgage from the
Comprehensive Housing Division, the interested buyer shall schedule a meeting with the
Comprehensive Housing Division during the prequalification week in order to determine
eligibility.
Page 2 of 4

41 of 135

(c) Where the Nation is offering a home for sale as-is that requires improvements before
an occupancy permit may be issued pursuant to the Zoning and Shoreland Protection
Ordinance, an interested buyer is required to be pre-approved for the listed price of the
home as-is as well as the costs estimated by the Comprehensive Housing Division for the
minimum improvements required to make the residence eligible for an occupancy permit
and to address any health and safety issues that may not amount to code violations affecting
an occupancy permit.

Offers to Purchase
2.7.
2. 7-1. Setting the Offer Period. When the Comprehensive Housing Division offers a home for
sale, it shall set an offer period of one (1) business day during which offers to purchase may be
submitted at the Bay Bank drop box. The Comprehensive Housing Division may extend the offer
period by providing notice of the extension both on the Nation's website, and at Bay Bank and the
Comprehensive Housing Division. The Comprehensive Housing Division shall disqualify offers
to purchase received outside of the offer period.
2.7-2. Maldng an Offer to Purchase. Tribal members wishing to make an offer to purchase on a
home for sale by the Nation may do so by submitting an offer to purchase at the Bay Banlc drop
box, in person, using the offer to purchase form available on the Nation's website and at the
Comprehensive Housing Division. A prequalification letter must be included with the offer to
purchase. Offers to purchase that do not include a prequalification letter will be disqualified.
Comprehensive Housing Division letters of prequalification must be submitted with offer to
purchase. Offers to purchase that are not submitted using the Nation's form will not be accepted
by the Comprehensive Housing Division.
(a) Offers to purchase must be for the listing price. Offers received for less than the listed
price will not be considered. Offers for more than the listed price will not be considered.
(b) Offers to purchase that do not include at least one (1) Tribal member will not be
considered.
(d) A non-tribal member will not be considered eligible unless they are married to a tribal
member and both are named on the offer to purchase.
(c) Prior to accepting an offer to purchase for the drop box, Bay Banlc staff shall date and
time stamp or initial /sign the offer to purchase and ensure it is sealed.
(d.) Multiple offers to purchase will not be considered. If multiple offers to pm-chase are
submitted from the same offeror for a listing, that offeror will be disqualified and all offer ·
to purchases from said offeror will be ineligible for that lotte1y drawing.
2.7-3. Comprehensive Housing Division Receipt of Offers to Purchase. Comprehensive Housing
Division staff may not collect the offers to purchase until the day of the lottery.
2.8.

Offer to Purchase Lottery

2.8-1. Lotte,y Date. Upon receipt of the offers to purchase from Bay Banlc, the Comprehensive
Housing Division shall host a public (in-person or virtual) lotte1y date. All sealed offers to purchase
will have one half of a two-ticket raffle ticket stapled to the sealed envelope with the other half of
the ticket placed in the lotte1y bucket.
2.8-2. Lottery Drawing. If members of th(;! public are present for the lottery date, then a citizen
shall be asked to select a raffle ticket to select a raffle ticket from the lottery bucket. If no members
of the public are present at the lottery date, then a Comprehensive Housing Division administrator
shall be asked to select the raffle ticket from the lottery bucket. The offer in the sealed envelope
Page 3 of 4

42 of 135

with the matching ticket that was drawn from the lottery bucket will be the first offer to purchase
eligible for the home contingent on the application packet being complete. Once the first offer to
purchase is drawn Comprehensive Housing Division will proceed to pick all remaining tickets and
record the ticket number and offeror in chronological order as picked from the lottery bucket. If
the first draw is not eligible Comprehensive Housing Division will move on to the second draw
and so forth until there is an accepted offer to purchase.
2.8-3. Comprehensive Housing Division Confirmation of Prequalified Offer. Comprehensive
Housing Division staff shall open the selected offer immediately to ensure the offeror prequalified.
If the selected offer prequalified as required, Comprehensive Housing Division staff shall inform
the selected buyer and proceed to closing and residential lease signing.
In the event the first selected buyer cannot proceed with closing and a residential
(a)
lease signing, Comprehensive Housing will move in chronological order to the next
ticket drawn at the time of the lottery drawing.
2.8-4. Financing. If financing is required, the selected buyer may choose to finance either through
the Nation's mortgage program or through an outside lender who has been confirmed to do lending
on any tribally owned fee and/or tiust land and according to their prequalification letter.
2.8-5. No Appeal. The decisions made in regard to Comprehensive Housing Division residential
sales are final. Neither the Oneida Judiciary nor any administrative body, including a board,
committee or commission is authorized to hear a complaint in regard to Comprehensive Housing
Division decisions related to residential sales.
Houses That Do Not Sell
2.9.
2.9-1. Minimum Advertisements. Comprehensive Housing Division shall list each property
prepared for sale a minimum of three (3) times before Comprehensive Housing Division asks the
Land Commission to consider a use of the property that is potentially not residential. For this
section, listing a property for sale entails the entire residential sales process including
advertisement, prequalification, offer to purchase submittals and lotte1y draws.
End.
Original effective date:
Amendment effective date:

03-09-2017

Page 4 of 4

43 of 135

Oneida Nation

"

Oneida Business Committee
Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn .gov

Statement of Effect
Amendments to the Real Property Law Rule No. 2 - Comprehensive Housing Division
Residential Sales
Summary
The amendments to the Real Property Law Rule No. 2 - Comprehensive Housing Division
Residential Sales:
■
Change the selection process from a highest qualified offer process to lottery draw
process; and
■
Addresses the minimum advertisement requirements for houses that do not sell.

Submitted by: Clorissa N Leeman, Senior Staff Attorney, Legislative Reference Office
Date: June 4, 2024
Analysis by the Legislative Reference Office
The Administrative Rulemaking law provides authorized agencies the opportunity to promulgate
rules interpreting the provisions of any law enforced or administered by it; provided that, a rule
may not exceed the rulemaking authority granted under the law for which the rule is being
promulgated. [1 0. C. 106.4-1]. Rulemaking authority is defined as the delegation of authority to
authorized agencies found in the Nation's laws, other than the Administrative Rulemaking law,
which allows authorized agencies to implement, interpret and/or enforce a law of the Nation. [1
O.C. 106.3-1(i)]. An authorized agency is defined as "any board, committee, commission,
department, program or officer of the Nation that has been granted rulemaking authority." [1
O.C. 106.3-1(a)].

The Real Property law provides regulations and procedures for the transfer, control and
management of the territory within the Reservation and all Tribal land; to integrate these
regulations and procedures with the real property laws and practices of other federal and state
sovereigns which may hold jurisdiction within the Reservation; and to establish licensing and
certification requirements for the Nation's employees dealing with real property transactions. [6
O.C. 601.1-1]. It is the policy of the Nation to set out the responsibilities and expectations for
persons purchasing and/or managing real property on behalf of the Nation and/or within the
Reservation and to provide real property holder's rights and responsibilities. [6 O.C. 601.1-1].
The Real Property law delegates joint administrative rulemaking authority to the Oneida Land
Commission and the Comprehensive Housing Division to provide process requirements,
Page 1 of 3
A good mind. A good heart. A strong fire.

44 of 135

including but not limited to advertising, notice, prequalification, and selection, that apply in all
circumstances when the Nation is selling a residential property. [ 6 O.C. 601.12-1].
The purpose of the Real Property Law Rule No. 2 - Comprehensive Housing Division
Residential Sales ("the Rule") is to provide the requirements for both the Nation and potential
buyer when the Comprehensive Housing Division offers a residential property for sale. [Rule
2.1-1}. The proposed amendments to the Rule:
Change the selection process from a highest qualified offer process to lottery draw
■
process, through the following revisions:
Require the Comprehensive Housing Division to provide the lottery date in the
■
advertisement. [Rule 2.4-l(b)}.
Clarify that the prequalification letter, regardless of lender, must be included with
■
the offer to purchase in the sealed envelope, to be considered a valid offer to
purchase for the lottery drawing. [Rule 2.6-2, 2. 7-2].
Require that offers to purchase must be for the listing price. Offers to purchase for
■
less than the listing price will not be considered, while offers to purchase for over
the listing price do not provide the offeror with a competitive advantage as the
Comprehensive Housing Division will not accept payment over the listing price.
[Rule 2. 7-2(a)J.
Provided that a non-tribal member will not be considered eligible unless they are
■
married to a tribal member and both are named on the offer to purchase. [Rule
■

■

■

■

2. 7-2(c)}.
Provide that prior to accepting an offer to purchase for the drop box; Bay Bank
staff shall date and time stamp or initial/ sign the offer to purchase and ensure it is
sealed, while also eliminating the provision which addressed how Bay Banl( Staff
handled receipts of offers to purchase made at the same time and date. [Rule 2. 72(d)].
Eliminate the provision which provides there is no limit as to how many offers to
purchase a Tribal member may submit within an offer period, and clarify that
multiple offers to purchase will not be considered. If multiple offers to purchase
are submitted from the same offeror for a listing, that offeror will be disqualified
and all offer to purchases from said offeror will be ineligible for that lottery

drawing. [Rule 2. 7-2(d)}.
Revise when the Comprehensive Housing Division can collect the offers to
purchase from the business day immediately following the close of the offer
period to the date of the lottery. [Rule 2.7-3}.
Eliminate the provisions that provide that upon receipt of the offers to purchase
from Bay Banl(, the Comprehensive Housing Division shall post the dollar
amount of the highest prequalified offer to purchase received on the Nation's
website; and that offers to purchase received for which the Comprehensive

r'\

ODDOCJO;
Page 2 of 3

A good mind. A good heart. A slrong fire.

ONEIDA

45 of 135

•

Housing Division did not receive proof of prequalification will not be considered.
[Rule 2. 7-3].
• Provide that upon receipt of the offers to purchase from Bay Bank, the
Comprehensive Housing Division shall host a public (in-person or virtual) lottery
date in which all sealed offers to purchase will have one half of a two-ticket raffle
ticket stapled to the sealed envelope with the other half of the ticket placed in a
lottery bucket. [Rule 2.8-1}.
• Provide for who does the selection of the lottery drawing and how an offer to
purchase is selected through the lottery drawing. [Rule 2.8-2}.
Require the Comprehensive Housing Division to immediately confirm the
■
selected offer to purchase was prequalified, and if so, inform the selected buyer
and proceed to closing and residential lease signing. [Rule 2.8-3}.
• Require that in the event the first selected buyer cannot proceed with closing and
a residential lease signing, Comprehensive Housing will move in chronological
order to the next ticket drawn at the time of the lottery drawing. [Rule 2.8-3(a)J.
Include a new provision which addresses minimum advertisement requirements for
houses that do not sell and requires that the Comprehensive Housing Division list each
property prepared for sale a minimum of three (3) times before Comprehensive Housing
Division asks the Oneida Land Commission to consider a use of the property that is
potentially not residential. [Rule 2. 9-1].

Conclusion
There are no legal bars to adopting the amendments to the Real Property Law Rule No. 2 Comprehensive Housing Division Residential Sales.

~

Page 3 of 3

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

000000

ONE:IDA

46 of 135

Summary Report for Real Property Law Rule No. 2 - CHO Residential Sales
Original effective date: 03 -09 -2017
Amendment effective dat e: asap

Name of Rule: Real Property Law -Rule No. 2 CHO Residential Sales

Name of law being interpreted: Real Property Law

Rule Number: No. 2

Other Laws or Rules that may be affected: None

Brief Summary of the proposed rule:
We are changing the process of how CHO sells our Residential Sales homes. We are deleting the highest
accepted offer from the current rule and changing it to a lottery draw contingent upon applicant's
prequalification . We will no longer accept offers above asking/listed price .
Statement of Effect: Obtained after requesting from the Legislative Reference Office.

Financial Analysis: See Attached.

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

rule- asking that they provide information about how the rule would financially affect them.
The agency must include each entity's response in the financial analysis. If the agency does not receive a
response within 10 business days after the request is made, the financial analysis can note which entities
did not provide a response.

47 of 135

Financial Analysis for Real Property Law Rule No. 2 CHD Residential Sales

Type of Cost

Description/Comment

Start Up Costs
Personnel
Office
Documentation Costs
Estimate of time necessary for an individual
or agency to comply with the rule after
implementation

Dollar Amount

0
0
0
0
0

Other, please explain
Total

0

48 of 135

22 I JULY 2024

LEGAL NOTICES

Setting Time and Notice to Interested Parties
The following estates are being prepared for probate by
the Oneida Nation, Land Commission Hearing Body.
To attend a scheduled hearing virtually contact
Cindy Leeker, Land, Title & Trust Specialist,
Oneida Nation, Land Management, •
PO Box 365, , Oneida, WI 54155, , 920-869-6610 •
CLecker@oneidanation .org

49 of 135

KALIHWISAKS

In the Matter of the Estate of Louis Tony Delgado,
Case No. 2024 LCP 0003
1. An application for probate was filed.

2. The decedent with a date of birth of 08/01/1949 and date of
death 10/15/2019, was an Oneida Nation member, domiciled
off of the Oneida ReseNation at 361 Herrick Rd., Riverside, IL
60546.
3. The deadline to submit claims was 08/16/2024

5. All interested persons are hereby noticed.

In the Matter of the Estate of Rita May Summers,
Case No. 2023 LCP 0004

1. An application for probate was filed.
2. The decedent with a date of birth of 11/26/1929 and
date of death 08/06/2023, was an Oneida Nation
member, domiciled on the Oneida Reservation at 2892
Commissioner St, Oneida, WI 54155.
3. The deadline to submit claims was 07/14/2024
4. All interested persons are hereby noticed.
In the Matter of the Estate of Arlene Virgina Summers,
Case No. 2024 LCP 0001

1. An application for probate was filed.
2. The decedent with a date of birth of 06/06/1934 and
date of death 12/13/2023, was an Oneida Nation
member, domiciled on the Oneida Reservation at 3772 N
Countyline Rd, Oneida, WI 54155.
3. The deadline to submit claims was 07/14/2024

NOTICE OF RESCHEDULED
PUBLIC MEETING
TO BE HELD July 11, 2024, 5-6pm
Comprehensive Housing Division Front Conference Room
2913 Commissioner Street, Oneida, WI 54155
In accordance with the Administrative Rulemaking Law, the
Comprehensive Ho using Division and the Oneida Land
Commission are hosting this Public Meeting to gather feedback from the
community regarding proposed amendments to the following rule:

Real Property Law Rule No. 2 - CHD Residential Sales
• Change Real Property Law Rule No. 2 to Rule No. 1
• Replacing the selection process from a highest
qualified offer process to a lottery draw process such that homes
will continue to be listed for the appraised value, but buyers
will no longer be able to bid over appraised value to gain a
competitive advantage; and
• Determining what happens to residential sales inventory in the

4. All interested persons are hereby noticed.
In the Matter of the Estate of Shirley Mae Hill,
Case No. 2024 LCP 0002

1. An application for probate was filed.
2. The decedent with a date of birth of 05/13/1934 and
date of death 10/22/2023, was an Oneida Nation
member, domiciled on the Oneida Reservation at 2928
Commissioner St, Oneida, WI 54155.
3. The deadline to submit claims was 07/14/2024

4. All interested persons are hereby noticed.

event there are no offers received for a given listing.
To obtain copies of the Public Meeting documents for this proposal, please visit

oneida-nsn.gov/Register/PublicMeetings.

PUBLIC COMMENT PERIOD OPEN UNTIL JULY 19, 2024
During the Public Comment Period, all interested persons may submit written
comments and/or a transcript of any testimony/spoken comments made during
the Public Meeting. These may be submitted to The Comprehensive Housing
Division by U.S. mail, interoffice mail, e-mail or fax.
Comprehensive Housing Division
2913 Commissioner Street, Oneida, WI 54155
mhill@oneidanation.org Phone: 920-869-2227 Fax: 920-869-2836

50
of 135
2024
JUNE

COMMUNITY

ONEIDA-NSN.GOV

I 31

NOTICE OF RESCHEDULED

PUBLIC MEETING
TO BE HELD July 11, 2024, 5-Gpm
Comprehensive Housing Division Front Conference Room
2913 Commission er Street, Oneida, WI 54155
In accord ance with the Administrative Rul emaking Law, th e
Comprehensive Housing Division and th e On eida Land
Commission are hosti ng this Public Meetin g to gather feedback from th e community
rega rding proposed amendments to the following rule:
Real Property Law Rul e No. 2 - CHD Residential Sales
• Cha nge Rea l Prop erty Law Rul e No. 2 to Rule No. 1
• Replacin g th e se lecti on process from a hi gl1 est
qualified offer process to a lottery dra w process such th at hom es will
co ntinu e to be listed for th e appra ised valu e, but buyers will no longer
be abl e to bid over appraised value to gain a comp etitive advantage; and
• Determining what happens to residential sa les inventory in th e event th ere
are no offers received for a given listing.
To obtain copies of th e Public Meeting docum ents for this proposal, please visit www.
oneida-nsn .gov/Register/PublicMeetings.
PUBLIC COMMENT PERIOD OPEN UNTIL JULY 19, 2024

During the Publi c Co mment Period, all interested perso ns may submit written comments and/
or a transc ript of any testimony/spoken com- ments made during the Public Meeting. These
may be submitted to Th e Comprehensive Housing Division by U.S. mail , interoffice mail, e-mail
or fax.
Comprehensive Housing ·Division
2913 Commissioner Street, Oneida, WI 54155
mhill@oneidanation.org Phone: 920-869-2227 Fax: 920-869-2836

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52 of 135

Transcription for Public Meeting on July 11, 2024

The time is 5pm and today date is July 11, 2024. I will now call the public meeting for Real
Property Law Rule No. 2 Comprehensive Housing Division Residential Sales Rule to order.
Comprehensive Housing Division is hosting this public meeting to gather feedback from the
community regarding this rule.
All persons who wish to present oral testimony will need to register on the sign in sheet
providing their name and enrollment number. Each person will have 3 minutes to comment.
Written comments may be submitted to CHD in person, by US mail, interoffice, email and faxed
as provided on the public meeting notice.
These comments must be received by close of business day on July 19, 2024.
In attendance from CHD is myself Michelle Hill, and I'm the Residential Sales and Realty Area
Manager, Becky Skenandore Sr Loan Officer, and Tina Skenandore Residential Leasing Specialist.
Please note that CHD will not be responding to public comments at this time. CHD will consider
all comments received and will provide a written response to each comment in the public
comment review memorandum.
The public meeting purpose is to collect community input regarding the Residential Sales Rule
process.
CHD is available to schedule separate meetings to have further discussion in regard to the
Residential Sales Program.
We will now begin today's public meeting for the Residential Sales Rule. The amendments that
we are proposing is to change the rule from Rule No. 2 to Rule No. 1.
Replacing the selection process from highest qualified offer process to a lottery draw process.
Determine what happens to Residential Sales inventory in the event there are no offers.

It's 530pm meeting is closed. CHD is now closing the public meeting.

53 of 135

54 of 135

Michelle R. Hill
From:
Sent:
To:
Cc:
Subject:

Michelle R. Hill
Monday, July 29, 2024 9:57 AM
Clarissa N. Leeman
Rebecca L. Skenandore; Grace J. Delgado
FW: Leasing Rule No. 2- CHD Residential Sales - Comment/Recommendation

Also, for the rule I received this from Lori Elm wayyy back on May 6. Do I have to add this as written comment? Because
the time line was prior to the public meeting?

Michelle Rae Hill

~Kana tihal ~
Residential Sales and Realty Area Manager
Oneida Nation
Comprehensive Housing Division
920-869-2227 main
920-869-6182 direct
CONFIDENTIALITY NOTICE: This e-mail and any attachments may contain confidential, proprietary and privileged
information. Unauthorized disclosure or use is prohibited by state and federal law. If you received this e-mail in error;
please notify the sender, delete the e-mail & any attachments. Do not use, disclose or store the information this e-mail
and any attachments it contains.

From: Lori A. Elm
Sent: Monday, May 6, 2024 9:19 AM
To: Michelle R. Hill
Cc: LOC ; Marlon G. Skenandore ; Jonas G. Hill

; Kirby W. Metoxen ; Jameson J. Wilson
; Jennifer A. Webster ; Maureen S. Perkins
; Kristal E. Hill
Subject: Leasing Rule No. 2- CHD Residential Sales - Comment/Recommendation
Please see below for recommendation:

A recommendation I would like to see is dependent(S) to be included in qualifications for selection . If a
home has 3 bedrooms or more, they should be prioritized for families who have dependent(s). Homes of
this size should be families first, IF No applicants qualify with dependents, then nondependent families
would qualify for selection.
Another recommendation I would like to see is the following for homes.
In the case no one applies for the home, create a program to help Oneida families with problems such
as: bad debit/bad credit, eviction, (other words the working poverty) this will help our community
members to achieve the home. By creating an agreement for them, to eliminate their debit, (Student
loans may or may not be included), up to $20,000.00 in 5 years. By creating an extra $460.00 a month
1

55 of 135

payment to an affordable direct rent payment ($760.00) for total of $1300.00 a month, which average 3bedroom home rental payment in Green Bay area is $1730 per month according to apartments.com. In
my honesty opinion the rent could even go higher, plus it will get them ready for the actual cost of a
house. (Reminder this is an idea)
By applying the $460.00 X 5 years of payments, it would generate $30,000.00 which $10,000.00 could be
used for down payment and $20,000.00 towards debt. Note: They will still need to stay in good standing
with their utilities and all other rental expenses.
These programs should be open to all Enrolled Oneida members.
Open to all people, including members with criminal backgrounds.
a. Individuals with criminal backgrounds, shall be off probation, completed all recommended
treatment plans and making payments to or creating a payback agreement to any fines or restitution and
must stay in compliance with this stipulation through the contract. As well as working with Oneida
Nation Pardon and Forgiveness Process, and letter stating they are.
b. Budgeting
c. Wellness and Culture plan developed -Volunteering at farm, etc. (I have idea for this, if you
ever want to know further)
d. Must stay in compliance with stipulations.
*NOTE: People are unable to get a Pardon from Oneida or are scared away because they owe
thousands of dollars for fines and restitution; but if they don't have a Pardon, they can't rent a home
through Oneida; IF this program or idea, is consider rent to own, the leasing process does NOT ask
for a backgrounds check. So, this would be able to happen if a process like this was created
through leasing.
Yes, this may take a little work, but aren't our people worth it.
1. Work with Bay Bank or Wisconsin Native Loan Fund to credit the builder for Oneidas to own
Oneida (Currently Fox Community and other credit unions work on credit building like this,
why can't our tribe) or work with Community Education Center, to develop a program.
Including Budgeting and wellness.
2. Possible Amendment to Pardon and Forgiveness - to state applicant should be in paying
on restitution or fines. (Reminder some people owe a lot of money for their stays at these
lovely facilities) but they can't get housing, so they live in appartments way to small, and way
to many kids.
I would just like to humanity back in our nation.

2

56 of 135

CrtD v\lr1-\-\--en £ecspQY),6~
57 of 135

A recommendation I would liloci heart. A strong fire.

E-POLL RESULTS:

The e-poll was approved by Jennifer Webster, Kirby Metoxen, Jonas Hill, Jameson Wilson, and
Marlon Skenandore.

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Page 3 of 4

62 of 135

Re: E-POLL REQUEST: Approval of the Canceled October 2, 2024 LOC Meeting Materi als
Marlon G. Skenandore
Jameson J. Wilson; 0 Jonas G. Hill;
LOC;
Jennifer A. Webster;
Kirby W. Metoxen
Cc O Fawn J. Billie; 0 Fawn L. Cottrell; 0 Kristal E. Hill; 0 Maureen S. Perkins; 0 Clarissa N. Leeman

O To

(D If there are problems with how this message is displayed, click here to view it in a web browser.
Approve
Marlon
Get Outlook for iOS

Page 4 of 4

[ f-:) Reply

<~ Reply All

J D

➔ Fo~ acd ~

Wed 10/2/2024 2:35 PM

631ofof135
72

Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

~
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA
Business Committee Conference Room - 2nd Floor Norbert Hill Center
October 2, 2024
9:00 a.m.
I.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved
1. September 18, 2024 LOC Meeting Minutes (pg. 2)

III.

Current Business
1. Oneida Life Insurance Plan Law Amendments (pg. 4)
2. Computer Resources Ordinance Amendments (pg. 19)
3. Investigative Leave Policy Amendments (pg. 42)

IV.

New Submissions

V.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

642ofof135
72

Oneida Nation

Oneida Business Committee
Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov

r'\

mooao
ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES
Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center
September 18, 2024
9:00 a.m.
Present: Jonas Hill, Kirby Metoxen, Marlon Skenandore, Jennifer Webster
Excused: Jameson Wilson
Others Present: Clorissa N. Leeman, Grace Elliott
Others Present on Microsoft Teams: Krystal John, Fawn Cottrell, Kaylynn Gresham, Kristal Hill,
Maureen Perkins, Rae Skenandore, Mark Powless, Todd Vanden Heuvel, Ralinda NinhamLamberies, Carolyn Salutz, Eric Boulanger, Derrick Denny, Fawn Billie, Michelle Hill, Sarah
White
I.

Call to Order and Approval of the Agenda
Kirby Metoxen called the September 18, 2024, Legislative Operating Committee meeting
to order at 9:00 a.m.
Motion by Jonas Hill to approve the agenda; seconded by Jennifer Webster. Motion carried
unanimously.

II.

Minutes to be Approved
1. September 4, 2024 LOC Meeting Minutes
Motion by Marlon Skenandore to approve the September 4, 2024, LOC meeting minutes;
seconded by Jennifer Webster. Motion carried unanimously.

III.

Current Business
1. Vehicle Driver Certification and Fleet Management Law Amendments
Motion by Jennifer Webster to approve the adoption packet for the proposed amendments
to the Vehicle Driver Certification and Fleet Management law and forward to the Oneida
Business Committee for consideration; seconded by Jonas Hill. Motion carried
unanimously.
2. Oneida Life Insurance Plan Law Amendments
Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to
the Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried
unanimously.

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

Legislative Operating Committee Meeting Minutes of September 18, 2024
Page 1 of 2

~
ONEIDA

653ofof135
72

3. Landlord Tenant Law Amendments
Motion by Jennifer Webster to approve the draft of the proposed amendments to the
Landlord Tenant law and direct that a legislative analysis be completed; seconded by
Marlon Skenandore. Motion carried unanimously.
IV.

New Submissions

V.

Additions

VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn
Motion by Marlon Skenandore to adjourn at 9:12 a.m.; seconded by Jennifer Webster.
Motion carried unanimously.

Legislative Operating Committee Meeting Minutes of September 18, 2024
Page 2 of 2

664ofof135
72

Oneida Nation

"'

Oneida Business Committee
Legislative Operating Committee

=DODDOO

PO Box 365 • Oneida, WI 54155-0365

ONEIDA

Oneida-nsn.gov

Legislative Operating Committee
October 2, 2024

Oneida Life Insurance Plan Law
Amendments

Submission Date: 6/5/24
LOC Sponsor: Jameson Wilson

Public Meeting: N/A
Emergency Enacted: N/A

Summary:

This item added to the Active Files List on June 5, 2024, at the request of the Chief
Financial Officer, Ralinda Ninham-Lamberies. The CFO requested the LOC consider an emergency
amendment to the Law to remove section 1004.5-3 which provides that “the Oneida Trust Enrollment
Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute
the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made
beyond the first anniversary of the decedent’s death shall not be processed for distribution.” Finance
provided that recently a member of the Nation missed the deadline by four (4) days, and there would not
be an increase in liability is this provision is removed dur to limited staff availability. The LOC determined
this request did not meet the standard for emergency legislation provided for in section 109.9-5 of the
LPA, but decided to add this item to the Active Files List anyways due to the August 20, 2023 OBC motion
which directed the LOC to bring this Law back for a one (1) year review of its adoption and
implementation.
6/5/24 LOC:

Motion by Jonas Hill to add the Oneida Life Insurance Plan Law Amendments to the Active
Files List with Jameson Wilson as the sponsor; seconded by Kirby Metoxen. Motion carried
unanimously.

8/26/24:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Kirby Metoxen, Marlon Skenandore,
Clorissa Leeman, Carl Artman, Ralinda Ninham-Lamberies, John Danforth, Michelle John,
Heidi Janowski, Fawn Billie, Kristal Hill, Maureen Perkins. The purpose of this work meeting
was to discuss how the implementation of the Oneida Life Insurance Plan law went during its
first year, and begin discussions on whether any amendments to the law are necessary at this
time.

8/29/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jonas Hill,
Clorissa Leeman, Fawn Cottrell, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz.
The purpose of this work meeting was to determine what, if any, amendments to make to the
Oneida Life Insurance Plan law based on the information received during the One Year
Review work meeting held on August 26, 2024.

9/4/24 LOC:

Motion by Kirby Metoxen to accept the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law; seconded by Marlon Skenandore. Motion carried
unanimously.

Page 1 of 2

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

675ofof135
72

Motion by Marlon Skenandore to approve the draft of proposed amendments to the Oneida
Life Insurance Plan law and direct that a legislative analysis be developed; seconded by Jonas
Hill. Motion carried unanimously.
9/18/24 LOC: Motion by Jonas Hill to approve the legislative analysis for the proposed amendments to the
Oneida Life Insurance Plan law; seconded by Marlon Skenandore. Motion carried
unanimously.

Next Steps:
 Approve the public meeting packet for the proposed amendments to the Oneida Life Insurance
Plan law, and forward the Oneida Life Insurance Plan law amendments to a public meeting
to be held on November 15, 2024.

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

Page 2 of 2

~
ONEIDA

686ofof135
72

ONEIDA NATION PUBLIC MEETING NOTICE
FRIDAY, NOVEMBER 15, 2024, 12:15 pm

Find Public Meeting Materials at
Oneida-nsn.gov/government/register/public meetings

Send Public Comments to

Norbert Hill Center-Business Committee Conference Room
N7210 Seminary Rd., Oneida, Wisconsin

LOC@oneidanation.org

Ask Questions here
LOC@oneidanation.org
920-869-4417

ONEIDA LIFE INSURANCE PLAN LAW AMENDMENTS
The purpose of the Oneida Life Insurance Plan law is to provide a death benefit through the
Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the
Oneida General Welfare law.
The Oneida Life Insurance Plan law amendments will:
 Expand the period of time in which it is required to notify the Oneida Trust Enrollment
Department of a decedent’s death in order to distribute Oneida Life Insurance Plan benefits to the beneficiary from one (1) year to three (3) years .
Individuals may attend the public meeting for the proposed Oneida Life Insurance Plan law
amendments in person at the Norbert Hill Center, or virtually through Microsoft Teams. If you
wish to attend the public meeting through Microsoft Teams please contact
LOC@oneidanation.org.

PUBLIC COMMENT PERIOD CLOSES FRIDAY, NOVEMBER 22, 2024
During the public comment period, anyone may submit written comments, questions or input. Comments may be submitted to the Oneida
Nation Secretary’s Office or the Legislative Reference Office in person, by U.S. mail, interoffice mail, or e-mail.

ft

For more information on the proposed Oneida Life Insurance Plan law amendments please review the public
meeting packet at oneida-nsn.gov/government/register/public meetings.

697ofof135
72

Analysis to Draft 1- PM Draft
2024 10 02

ONEIDA LIFE INSURANCE PLAN LAW
AMENDMENTS
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Intent of the
Proposed Amendments

Purpose

Affected Entities
Public Meeting
Fiscal Impact
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Analysis by the Legislative Reference Office
Expand the period of time in which it is required to notify the Oneida Trust
Enrollment Department of a decedent’s death in order to distribute Oneida
Life Insurance Plan benefits to the beneficiary from one (1) year to three (3)
years. [10 O.C. 1004.5-3].
The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to
the Oneida General Welfare law. [10 O.C. 1004.1-1].
Oneida Trust Enrollment Department, Members of the Nation
A public meeting will be scheduled for November 15, 2024.
A fiscal impact statement has not yet been requested.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Oneida Life Insurance Plan law was adopted by the Oneida Business Committee in
August of 2023 through resolution BC-08-23-23-G. The purpose of the Oneida Life Insurance Plan law
is to the purpose of providing a death benefit through the Oneida Life Insurance Plan for all eligible
enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. It
is the policy of the Nation to care for its members and their families even after their death. [10 O.C.
1004.1-2]. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable
and expedient distribution to designated beneficiaries. Id. The General Tribal Council, through
resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace
the Oneida Burial Fund. [10 O.C. 1004.1-1(a)]. The General Tribal Council directed implementation
of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries
of the deceased Oneida Nation member. Id. The payment of death benefits through OLIPP to designated
beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community. Id.
B. Request for Amendments. This item added to the Active Files List on June 5, 2024, at the request of
the Chief Financial Officer (CFO), Ralinda Ninham-Lamberies. The CFO requested the Legislative
Operating Committee consider an emergency amendment to the Law to remove section 1004.5-3 which
provides that “the Oneida Trust Enrollment Department shall be notified within one (1) year of the
member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the
beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s
death shall not be processed for distribution.” Finance provided that recently a member of the Nation
missed the deadline by four (4) days, and there would not be an increase in liability is this provision is
removed due to limited staff availability. The Legislative Operating Committee determined this request
did not meet the standard for emergency legislation provided for in section 109.9-5 of the Legislative

Page 1 of 4

708ofof135
72

Analysis to Draft 1- PM Draft
2024 10 02
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47

Procedures Act, but decided to add this item to the Active Files List anyways due to the August 20,
2023 Oneida Business Committee motion which directed the Legislative Operating Committee to bring
this Law back for a one (1) year review of its adoption and implementation.
C. One Year Review. When the Oneida Life Insurance Plan law was adopted in August of 2023, the
Oneida Business Committee also directed that the Oneida Life Insurance Plan law be brought back to
the Legislative Operating Committee in one (1) year for review. On August 26, 2024, the Legislative
Operating Committee meet with the Trust Enrollments Department, Finance, and the Oneida Law
Office to discuss the status of implementation of the Oneida Life Insurance Plan law during its first
year, and to begin discussions on whether any amendments to the law are necessary at this time. The
Legislative Operating Committee accepted the memorandum entitled, One (1) Year Review of the
Oneida Life Insurance Plan Law, on September 4, 2024. Overall, the Trust Enrollments Department,
Finance, and the Oneida Law Office provided that the implementation of the Oneida Life Insurance
Plan law has been smooth and the law is operating as it was intended. Although the Oneida Life
Insurance Plan law is working as intended, the Legislative Operating Committee was asked by Finance
to consider two (2) areas where amendments to the Oneida Life Insurance Plan law could potentially
result in improvements in how the law is administered: (1) Section 1004.5-2(d) and 1004.6-3: regarding
the requirement that funeral expenses be paid directly to the funeral home first before any remaining
funds are paid to beneficiary; and (2) Section 1004.5-3: regarding the notice of death requirement of
one (1) year. Ultimately, the Legislative Operating Committee decided to pursue amendments to the
Oneida Life Insurance Plan law to address the length of time for the notice of death requirement. In the
one (1) year review the Oneida Trust Enrollment Department provided the following statistics that were
current as of August 29, 2024, to provide some perspective on how the Oneida Life Insurance Plan has
been administered during its first year:

Month

48

September 2023
October 2023
November 2023
December 2023
January 2024
February 2024
March 2024
April 2024
May 2024
June 2024
July 2024
August 2024

Oneida Life Insurance Plan Law Statistics
Deaths Reported

OLIP Claims

13
12
10
18
16
22
15
10
23
13
10
12

12
12
9
16
17
22
13
10
23
13
9
2

Claims that
Provided a
Beneficiary
9
11
9
13
15
19
13
10
21
10
8
2

Claims that Did
Not Provide a
Beneficiary
3
1
0
3
2
3
0
0
2
3
1
0

49
50
51
52

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the
amendments to the Oneida Life Insurance Plan law and this legislative analysis:

Page 2 of 4

719ofof135
72

Analysis to Draft 1- PM Draft
2024 10 02
53
54
55
56
57
58
59
60

 Oneida Law Office;
 Finance Administration;
 Oneida Trust Enrollments Department; and
 Central Accounting.
B. The following laws were reviewed in the drafting of this analysis:
 Oneida General Welfare law; and
 Administrative Rulemaking law.

61
62
63
64
65
66
67
68
69
70
71
72
73
74
75

SECTION 4. PROCESS

76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92

SECTION 5. CONTENTS OF THE LEGISLATION

93
94

SECTION 6. EXISTING LEGISLATION

A. The development of the proposed amendments to the Oneida Life Insurance Plan law complies with
the process set forth in the Legislative Procedures Act (LPA).
 On June 5, 2024, the Legislative Operating Committee added the Oneida Life Insurance Plan law
to its Active Files List.
 On September 4, 2024, the Legislative Operating Committee approved the draft of proposed
amendments to the Oneida Life Insurance Plan law.
 On September 18, 2024, the Legislative Operating Committee approved the legislative analysis for
the proposed amendments to the Oneida Life Insurance Plan law.
B. At the time this legislative analysis was developed the following work meetings had been held
regarding the development of the amendments to this Law:
 August 26, 2024: LOC work session with the Oneida Law Office, Finance Administration, Oneida
Trust Enrollments Department, and Central Accounting.
 August 29, 2024: LOC work session.

A. Expansion of the Timeframe for Noticing the Death of a Decedent. Currently, the Oneida Life
Insurance Plan law requires that the Oneida Trust Enrollment Department be notified within one (1)
year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits
to the beneficiary. [10 O.C. 1004.5-3]. The Oneida Life Insurance Plan law is clear that Oneida Life
Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed
for distribution. Id. The proposed amendments to the Oneida Life Insurance Plan law expand the
amount of time given to notice the Oneida Trust Enrollment Department of the death of a member from
one (1) year to three (3) years. [10 O.C. 1004.5-3].
 Effect. The Legislative Operating Committee determined that greater flexibility and consideration
could be given to members of the Nation by increasing the notification period, but ultimately still
wanted to maintain some notice requirement to ensure that claims are not held open indefinitely.
The Legislative Operating Committee determined this is accomplished in the proposed
amendments to the Oneida Life Insurance Plan law that increase the period of time allowed to
notify the Oneida Trust Enrollment Department of a death in order to distribute Oneida Life
Insurance Plan benefits from one (1) year to three (3) years.

A. Related Legislation. The following laws of the Nation are related to this Law:

Page 3 of 4

72
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72

Analysis to Draft 1- PM Draft
2024 10 02
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111





Oneida General Welfare Law. The Oneida General Welfare Law governs how the Nation provides
assistance to eligible members on a non-taxable basis, pursuant to the principles of the General
Welfare Exclusion to Indian Tribal governmental programs that provide benefits to Tribal
members. [10 O.C. 1001.1-1].
 The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in
accordance with the Oneida General Welfare Law. [10 O.C. 1003.4-1]. The Oneida Life
Insurance Plan meets the requirements of the General Test as defined in the Oneida General
Welfare Law. [10 O.C. 1003.4-2].
Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,
effective, and democratic process for enacting and revising administrative rules, to ensure that
authorized agencies act in a responsible and consistent manner when enacting and revising
administrative rules. [1 O.C. 106.1-2].
 The Oneida Life Insurance Plan law delegates rulemaking authority to the Oneida Trust
Enrollment Department to promulgate rules to govern the administration of the Oneida Life
Insurance Plan. [10 O.C. 1004.8-1].
 Any rules promulgated by the Oneida Trust Enrollment Department must be done in accordance
with the process and procedures of the Administrative Rulemaking law.

112
113
SECTION 7. OTHER CONSIDERATIONS
114
A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all
115
legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC116
10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures
117
Act,” provides further clarification on who the Legislative Operating Committee may direct complete
118
a fiscal impact statement at various stages of the legislative process, as well as timeframes for
119
completing the fiscal impact statement.
120
 Conclusion. The Legislative Operating Committee has not yet directed that a fiscal impact
121
statement be completed.
122

Page 4 of 4

73
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72

Draft 1 (Redline to Current) – PM Draft
2024 10 02
Title 10. General Welfare Exclusion - Chapter 1004
ONEIDA LIFE INSURANCE PLAN
1004.1. Purpose and Policy
1004.2. Adoption, Amendment, Repeal
1004.3. Definitions
1004.4. Establishment

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
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1004.5. Qualifications, Designation of Beneficiary, and Notice
1004.6. Beneficiary Claim Process and Distribution
1004.7. Funding
1004.8. Administrative Rulemaking

1004.1. Purpose and Policy
1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life
Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida
General Welfare law.
(a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the
concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The
General Tribal Council directed implementation of a benefit that pays fifteen thousand
dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida
Nation member. The payment of death benefits through OLIPP to designated beneficiaries
of a deceased Oneida Nation member is an exercise of self-governance crucial to the
Oneida Nation’s sovereignty, and health and welfare of the community.
1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even
after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure
equitable and expedient distribution to designated beneficiaries.
1004.2. Adoption, Amendment, Repeal
1004.2-1. This law was adopted by the Oneida Business Committee by resolution BC-08-23-23G. and amended by resolution BC-__-__-__-__.
1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General
Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
1004.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provis

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A48775b87df58c746. Public record. Not legal advice.