# Phone: (920)869-2214 (2016)

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A4d6b8ad64fc27056

## Record

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

## Text

Oneida Nation
Post Office Box 365
Phone: (920)869-2214

Oneida, WI 54155

BC Meeting Materials September 28, 2016
Open Session

CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that
the following 575 pages are the Open Session meeting materials presented at a meeting
duly called, noticed and held on the 28th day of September, 2016.

____________________________
Lisa Summers, Tribal Secretary
Oneida Business Committee

Open Meeting Packet

Page 1 of 369

Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, September 27, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, September 28, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I.

CALL TO ORDER AND ROLL CALL

II.

OPENING

A. Presentation of grant award to Pulaski School District for Oneida Language class
Sponsor:

Lisa Summers, Tribal Secretary

III.

ADOPT THE AGENDA

IV.

OATHS OF OFFICE

A. Oneida Child Protective Board – Melinda K. Danforth and Wesley Martin Jr.
V.

(pp.8-9)

MINUTES

A. Approve September 14, 2016, regular meeting minutes
Sponsor:

VI.

(pp. 6-7)

Lisa Summers, Tribal Secretary

(pp. 10-25)

RESOLUTIONS

A. Adopt resolution titled Extending Multi-Year Funding Agreement (MYFA) – Oneida Nation
and U.S. Dept. of the Interior’s Bureau of Indian Affairs (DOI/BIA) – Calendar Years 2017
through 2021
Sponsor: Chris John, Coordinator/Self-Governance

(pp. 26-57)

B. Adopt resolution titled Assignment of Return on Investment from Oneida Total Integrated
Enterprises to Economic Development and Diversification
Sponsor: Lisa Summers, Tribal Secretary

Oneida Business Committee Regular Meeting Agenda of September 28, 2016
Page 1 of 5

(p. 58)

Open Meeting Packet
VII.

Page 2 of 369

STANDING COMMITTEES

A. Legislative Operating Committee
Sponsor:

Councilman Brandon Stevens, Chair

1. Accept Legislative Operating Committee FY ’16 3rd quarter report

(pp. 59-61)

2. Accept September 21, 2016, Legislative Operating Committee meeting minutes

(pp. 62-64)

B. Finance Committee
Sponsor:

Tribal Treasurer Trish King, Chair

1. Accept Finance Committee FY ’16 3rd quarter report

(pp. 65-72)

2. Approve September 19, 2016, Finance Committee meeting minutes

(pp. 73-79)

3. Approve recommendations regarding request for procedural exception to the Asset
Disposal Policy

(pp. 80-87)

C. Community Development Planning Committee
Sponsor:

Vice-Chairwoman Melinda J. Danforth, Chair

1. Accept Community Development Planning Committee FY ’16 3rd quarter report

(pp. 88-91)

D. Quality of Life Committee
Sponsor:

Councilwoman Fawn Billie, Chair

1. Accept Quality of Life Committee FY ’16 3rd quarter report (Report Not Submitted)

VIII.

2. Accept June 9, 2016, Quality of Life Committee meeting minutes

(pp. 92-94)

3. Accept July 14, 2016, Quality of Life Committee meeting minutes

(pp. 95-96)

STANDING ITEMS

A. Review update regarding Work Plan for Cemetery Improvements project # 14-002 and
approve recommendations (This item is scheduled to begin at 10:00 a.m.)
Sponsor: James Petitjean, Interim Assistant Division Director/Development

IX.

(pp. 97-256)

UNFINISHED BUSINESS

A. Review update regarding Environmental Health & Safety FY ’16 3rd quarter report

(pp. 257-283)

(This item is scheduled to begin at 11:00 a.m.)
Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety
EXCERPT FROM AUGUST 24, 2016: Motion by Melinda J. Danforth to approve the Tribal Member’s
request for information; to request the Division Director of Environmental Health & Safety to bring back
a report to the September 28, 2016, regular Business Committee meeting; and to request all appropriate
parties relative to that report to be present for the discussion, seconded by Tehassi Hill. Motion carried
with one opposed.

Oneida Business Committee Regular Meeting Agenda of September 28, 2016
Page 2 of 5

Open Meeting Packet
X.

Page 3 of 369

TABLED BUSINESS

A. Accept update and approve recommendations regarding Oneida Sacred Burial Grounds

(pp. 284-294)

(This item is scheduled to begin at 10:30 a.m.)
Sponsor: Brandon Stevens, Councilman
EXCERPT FROM AUGUST 24, 2016: Motion by Lisa Summers to table this item until after the
September 28, 2016, regular Business Committee meeting so that we have more information before us,
seconded by Brandon Stevens. Motion carried unanimously.
EXCERPT FROM JUNE 8, 2016: Motion by Lisa Summers to accept the information in the
memorandum from the Trust Department dated May 31, 2016, as information, noting there have been
two (2) identified alternative sites for a cemetery should the need arise and to send this item to the next
available Officers’ meeting for continued follow-up with the overall cemetery work plan, seconded by
Tehassi Hill. Motion carried unanimously.
EXCERPT FROM MARCH 9, 2016: (1) Motion by Tehassi Hill to accept the presentation regarding the
Oneida Sacred Burial Grounds per GTC Directive, seconded by Trish King. Motion carried unanimously.
(2) Amendment to the main motion by Tehassi Hill to request an update at the first regular Business
Committee meeting in June regarding potential locations of the cemetery, seconded by Trish King.
Motion carried unanimously.

XI.

NEW BUSINESS

A. Approve Gannett Publishing Services – contract # 2016-0967
Sponsor:

Joanie Buckley, Division Director/Internal Services

(pp. 295-300)

B. Approve limited waiver of sovereign immunity – Carl Zeiss Meditech, Inc. – contract #
2016-0804
Sponsor: Debra Danforth, Division Director/Comprehensive Health Operations

XII.

(pp. 301-310)

REPORTS (This section of the agenda is scheduled to begin at 1:30 p.m.)

A. Unfinished Reports
1. Accept Oneida Golf Enterprise FY ’16 3rd quarter report

(pp. 311-316)

(1:30 p.m. – 1:45 p.m.)
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer the Oneida Golf
Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.

B. Operational Reports
1. Accept Oneida Retail Enterprise FY ’16 3rd quarter report

(pp. 317-332)

(1:45 p.m. – 2:05 p.m.)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits

C. Boards, Committees, and Commissions
1. Determine appropriate next steps regarding Oneida Personnel Commission FY ’16 2nd
quarter report
(2:05 p.m. – 2:10 p.m.)
Sponsors:
Lisa Summers, Tribal Secretary; David Jordan, Councilman

Oneida Business Committee Regular Meeting Agenda of September 28, 2016
Page 3 of 5

(pp. 333-339)

Open Meeting Packet

Page 4 of 369

2. Accept Personnel Commission FY ’16 3rd quarter report

(pp. 340-365)

(2:15 p.m. – 2:30 p.m.)
Chair:
Yvonne Jourdan
Liaison:
Lisa Summers, Tribal Secretary

3. Accept Land Commission FY ’16 3rd quarter report

(pp. 366-368)

(2:30 p.m. – 2:45 p.m.)
Chair:
Rae Skenandore
Liaison:
Tehassi Hill, Councilman

XIII.

GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only Materials, please visit the BC
Support Office, located on the 2nd floor of the Norbert Hill Center and present Tribal I.D. card)

A. Approve notice, agenda, and supplemental materials for the 2nd reconvened Semi-Annual
General Tribal Council meeting scheduled on October 30, 2016
Sponsor:
Lisa Summers, Tribal Secretary

XIV.

(pp. 369-547)

EXECUTIVE SESSION

A. Unfinished Reports
1. Accept Oneida Golf Enterprise FY ’16 3rd quarter report

(pp. 548-561)

(9:00 a.m. - 9:30 a.m.)
Agent:
Janice Hirth-Skenandore
Liaison:
Trish King, Tribal Treasurer
EXCERPT FROM SEPTEMBER 14, 2016: Motion by Lisa Summers to defer the Oneida Golf
Enterprise FY ’16 3rd quarter report to September 28, 2016, regular Business Committee meeting,
seconded by Tehassi Hill. Motion carried unanimously.

B. Reports
1. Accept Oneida Retail Enterprise FY ’16 3rd quarter report

(pp. 562-587)

(10:00 a.m. – 10:30 a.m.)
Sponsor:
Michele Doxtator, Area Manager/Retail Profits

2. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager

(pp. 588-655)

(10:30 a.m. – 11:00 a.m.)

3. Accept Intergovernmental Communications and Affairs report – Nathan King, Director/
Intergovernmental Affairs and Communications

4. Accept Chief Counsel report – Jo Anne House, Chief Counsel

(pp. 656-664)
(pp. 665-666)

C. Standing Items
1. Land Claims Strategy (No Requested Action)
2. Oneida Golf Enterprise – Ladies Professional Golf Association
(9:30 a.m. – 10:00 a.m.)
Sponsor:
Trish King, Tribal Treasurer

Oneida Business Committee Regular Meeting Agenda of September 28, 2016
Page 4 of 5

(pp. 667-678)

Open Meeting Packet

Page 5 of 369

D. Audit Committee
Sponsor:

Councilman Tehassi Hill, Chair

1. Accept Audit Committee FY ’16 3rd quarter report
E.

(pp. 679-681)

New Business

1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:

Lisa Summers, Tribal Secretary

a. Approved request to authorize Oneida Law Office to file declaratory and injunctive
relief in federal courts prohibiting Village of Hobart from interfering with Oneida
Applefest
Requestor:
Jo Anne House, Chief Counsel

(pp. 682-689)

b. Approved Legislative Reference Office staff attorney contacts # 2016-1006 and
# 2016-1007
Requestor:
Jo Anne House, Chief Counsel

(pp. 690-713)

2. Accept update regarding complaint # 2016-DR07-07

(pp. 714-725)

3. Approve request for an investigation into the release of confidential information

(pp. 726-729)

4. Approve Family Court Judge contract

(pp.730-737)

Sponsor:
Sponsor:

Sponsor:

Lisa Summers, Tribal Secretary

Lisa Summers, Tribal Secretary

Melinda J. Danforth, Tribal Vice-Chairwoman

5. Review options regarding expiration of additional duties compensation of Division
Director of Land Management position and determine appropriate next steps
(pp. 738-739)
(This item is scheduled to begin at 1:30 p.m.)
Sponsors:
Melinda J. Danforth, Tribal Vice-Chairwoman; Lisa Summers, Tribal Secretary

XV.

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 4:30 p.m., Friday, September 23, 2016, pursuant to the
Open Records and Open Meetings Law, section 7.17-1.
The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website
at: https://oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800) 236-2214.

Oneida Business Committee Regular Meeting Agenda of September 28, 2016
Page 5 of 5

II. OPENING
A. Presentation of grant award to Pulaski School District for Oneida Language class
Sponsor: Lisa Summers, Tribal Secretary
Item deleted at adoption of the agenda.

Open Meeting Packet

Page 8 of 369

Oneida Business Committee Agenda Request
1. Meeting Date Requested:

09 / 28 / 16

2. General Information:
Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only
Action - please describe:
Administer Oath of Office to Melinda K. Danforth and Wesley Martin Jr. to the Oneida Child Protective Board.

3. Supporting Materials
Report

Resolution

Contract

Other:
1.

3.

2.

4.

Business Committee signature required

4. Budget Information
Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission
Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, Executive Tribal Clerk
Your Name, Title / Dept. or Tribal Member

Additional Requestor:
Name, Title / Dept.

Additional Requestor:
Name, Title / Dept.

Page 1 of 2

Unbudgeted

Open Meeting Packet

Page 9 of 369

Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
***Background: The following action was taken at the August 24 and September 14, 2016 Business Committee
meeting:
Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child Protective Board
Sponsor: Tina Danforth, Tribal Chairwoman
Excerpt from August 24, 2016:
Motion by Jennifer Webster to defer the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr.
to Child Protective Board to the September 14, 2016, regular Business Committee meeting, seconded by Lisa
Summers. Motion carried with two opposed and one abstention:
Ayes: Tehassi Hill, Lisa Summers, Jennifer Webster
Opposed: David Jordan, Brandon Stevens
Abstained: Melinda J. Danforth
Not Present: Fawn Billie, Trish King
Excerpt from September 14, 2016:
Motion by David Jordan to approve the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr.
to the Child Protective Board, seconded by Fawn Billie. Motion carried unanimously:
Ayes: Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers, Jennifer Webster
Not Present: Melinda J. Danforth

***Action Requested: Administer Oath of Office for Melinda K. Danforth and Wesley Martin Jr.

1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2

Open Meeting Packet

Page 10 of 369

Oneida Business Committee Agenda Request
1. Meeting Date Requested:

09 / 28 / 16

2. General Information:
Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only
Action - please describe:
Approve September 14, 2016, regular meeting minutes

3. Supporting Materials
Report

Resolution

Contract

Other:
1. September 14, 2016, regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information
Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission
Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, Info. Mgmt. Spec./ BC Support Office
Your Name, Title / Dept. or Tribal Member

Additional Requestor:
Name, Title / Dept.

Additional Requestor:
Name, Title / Dept.

Page 1 of 2

Open Meeting Packet

Page 11 of 369

DRAFT
Oneida Business Committee
Executive Session
9:00 a.m. Tuesday, September 13, 2016
Executive Conference Room, 2nd floor, Norbert Hill Center
Regular Meeting
9:00 a.m. Wednesday, September 14, 2016
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes - DRAFT
EXECUTIVE SESSION
Present: Chairwoman Tina Danforth, Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Secretary Lisa
Summers, Council members: Fawn Billie, David Jordan, Brandon Stevens, Jennifer Webster;
Not Present: ;
Arrived at: Councilman Tehassi Hill at 9:04 a.m.;
Others present: Jo Anne House, Larry Barton, Pete King III, Becky Demmith, RaLinda Ninham-Lamberies;
REGULAR MEETING
Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council members: Fawn
Billie, Tehassi Hill, David Jordan, Jennifer Webster;
Not Present: ;
Arrived at: Vice-Chairwoman Melinda J. Danforth at 1:30 p.m.; Councilman Brandon Stevens at 9:03 a.m.;
Others present: Brad Graham, Bill Graham, Jo Anne House, Heather Heuer, Loretta Metoxen, Gina Buenrostro,
Chaz Wheelock, Jen Falck, Clorissa Santiago, Danelle Wilson, Susan White Twylite Moore, Beverly Anderson,
Peter Stevens, Leland Wigg-Ninham, Erick Krawczyk, Jennifer Hill, Teresa Schuman, Larry Barton, Nancy
Barton, Susan White, Leyne Orosco, Jessica Wallenfang, Rhiannon Metoxen, Dawn Moon-Kopetsky, Dianne
McLester-Heim, Kaylynn Gresham, Wes Martin Jr., Lisa Liggins, Cheryl Stevens, Lou Ann Green, Dale Wheelock,
Chris Johns, Ed Delgado, Pete King III, Butch Rentmeester, Jackie Zalim, Dianne Zubella;
I.

CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 9:01 a.m.

II.

OPENING by Councilman Tehassi Hill

Councilman Brandon Stevens arrives at 9:03 a.m.
III.

ADOPT THE AGENDA (00:03:44)

Motion by David Jordan to adopt the agenda with the following change: [Delete item 15.D.08. Approve request to
direct Retail Profit Manager to sign updated job description], seconded by Lisa Summers. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016
Page 1 of 15

Open Meeting Packet
IV.

V.

Page 12 of 369

DRAFT

OATHS OF OFFICE (00:05:13) administered by Secretary Lisa Summers
A.

Oneida Police Commission – Twylite Moore and Beverly Anderson

B.

Oneida Library Board – Jennifer Hill

C.

Southeastern Oneida Tribal Advisory Board – Peter Stevens

D.

Oneida Pow Wow Committee – Teresa Schuman

E.

Oneida Personnel Commission – Leland Wigg-Ninham, Erick Krawczyk, and Jennifer Hill

F.

Oneida Land Claims Commission – Charles Wheelock

G.

Oneida Trust/Enrollment Committee – Loretta Metoxen

MINUTES (00:10:34)
A.

Approve August 16, 2016, special meeting minutes
Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the August 16, 2016, special meeting minutes, seconded by Tehassi Hill.
Motion carried with two abstentions:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa Summers
Abstained:
Fawn Billie, Jennifer Webster
Not Present:
Melinda J. Danforth
Secretary Lisa Summers departs at 9:14 a.m.
B.

Approve August 24, 2016, regular/August 29, 2016, reconvened meeting minutes
Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the August 24, 2016, regular/August 29, 2016, reconvened meeting minutes,
seconded by Tehassi Hill. Motion carried with one abstention:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie
Not Present:
Melinda J. Danforth, Lisa Summers

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016
Page 2 of 15

Open Meeting Packet
VI.

RESOLUTIONS (00:14:21)

Page 13 of 369

DRAFT

Secretary Lisa Summers returns at 9:16 a.m.
A.

Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
1. Two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A
Oneida Nation Objecting to the Construction of the Dakota Access Pipeline and Support
of Standing Rock Sioux Tribe
Requestor:
Brandon Stevens, Councilman

Motion by David Jordan to enter the E-Poll results into the record in accordance with BC SOP Conducting
Electronic Voting: two (2) approved requests regarding the adoption of BC resolution # 08-17-16-A Oneida
Nation Objecting to the Construction of the Dakota Access Pipeline and Support of Standing Rock Sioux Tribe,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
B.

Adopt resolution titled Rules of Decorum for General Tribal Council Meetings
Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to adopt resolution # 09-14-16-A Rules of Decorum for General Tribal Council Meetings,
seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Motion by Lisa Summers to support the requested logistical changes in the designated meeting area including the
moving of the registration tables as needed; eliminating the smoking area; and stopping Radisson food service
two (2) hours after the published meeting start time, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
VII.

APPOINTMENTS (1:00:53)
A.

Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic Voting:
Sponsor: Lisa Summers, Tribal Secretary
1. Approved request to support the nomination of Debra Danforth to the National Institutes
of Health’s Tribal Consultation Advisory Committee
Requestor:
Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Jennifer Webster to enter the E-Poll results into the record in accordance with BC SOP Conducting
Electronic Voting: approved request to support the nomination of Debra Danforth to the National Institutes of
Health’s Tribal Consultation Advisory Committee, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016
Page 3 of 15

Open Meeting Packet
VIII.

STANDING COMMITTEES (1:04:55)
A.

Page 14 of 369

DRAFT

Finance Committee
Sponsor: Tribal Treasurer Trish King, Chair
1. Approve September 8, 2016, Finance Committee meeting minutes

Motion by David Jordan to approve the September 8, 2016, Finance Committee meeting minutes, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
IX.

GENERAL TRIBAL COUNCIL (1:05:22)
A.

Determine next steps for the 2nd reconvened 2016 semi-annual General Tribal Council meeting
agenda and requested reports
Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to schedule the 2nd reconvened 2016 semi-annual General Tribal Council meeting on
Sunday, October 30, 2016, at 1:00 p.m., seconded by Jennifer Webster. Motion carried with two abstentions:
Ayes:
Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer Webster
Abstained:
Fawn Billie, Lisa Summers
Not Present:
Melinda J. Danforth
B.

Approve 2017 Semi-Annual General Tribal Council meeting date and time
Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to schedule the 2017 Semi-Annual General Tribal Council meeting on Monday, July 17,
2017, at 6:00 p.m., seconded by Jennifer Webster. Motion carried with two opposed and one abstention:
Ayes:
Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Opposed:
Fawn Billie, Lisa Summers
Abstained:
Trish King
Not Present:
Melinda J. Danforth
X.

UNFINISHED BUSINESS (1:19:10)
A.

Approve recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to Child
Protective Board
Sponsor: Tina Danforth, Tribal Chairwoman
EXCERPT FROM AUGUST 24, 2016: Motion by Jennifer Webster to defer the recommendation to
appoint Melinda K. Danforth and Wesley Martin Jr. to the Child Protective Board to the September 14,
2016, regular Business Committee meeting, seconded by Lisa Summers. Motion carried with two
opposed and one abstention.

Motion by David Jordan to approve the recommendation to appoint Melinda K. Danforth and Wesley Martin Jr. to
the Child Protective Board, seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016
Page 4 of 15

Open Meeting Packet
B.

Page 15 of 369

DRAFT

Accept update regarding vacancies on the Oneida Personnel Commission as information
Sponsor: Lisa Summers, Tribal Secretary
EXCERPT FROM AUGUST 24, 2016: (1) Motion by David Jordan to approve the recommendation to
appoint Leland Wigg-Ninham, Eric Krawczyk, and Jennifer L. Hill to Oneida Personnel Commission,
seconded by Melinda J. Danforth. Motion carried with one abstention. (2) Amendment to the main
motion by Lisa Summers to direct the Tribal Secretary to bring back a chronology of events for these
particular vacancies for information to the Business Committee, seconded by Jennifer Webster. Motion
carried unanimously.

Motion by Lisa Summers to defer this item back to Chair’s Office regarding the (2) two Oneida Personnel
Commission vacancies not filled through posting #3 which had the deadline of June 20, 2016, and the one (1)
vacancy not filled through posting #4 which had the deadline of July 15, 2016; and to request clarifications be
brought back to the October 12, 2016, regular Business Committee, seconded by Tehassi Hill. Motion carried
with two abstentions:
Secretary Lisa Summers departs at 10:43 a.m. before voting occurs
Ayes:
Abstained:
Not Present:
XI.

Fawn Billie, Trish King, Brandon Stevens, Jennifer Webster
David Jordan, Brandon Stevens
Melinda J. Danforth, Lisa Summers

TABLED BUSINESS (1:47:38)

Secretary Lisa Summers returns at 10:52 a.m.
Councilman Tehassi Hill departs at 10:58 a.m.
Councilman Tehassi Hill returns at 11:01 a.m.
Secretary Lisa Summers departs at 11:01 a.m.
Councilwoman Jennifer Webster departs at 11:03 a.m.
Councilwoman Jennifer Webster returns at 11:06 a.m.
A.

Adopt resolution titled Adoption of the Oneida Youth Leadership Institute’s Charter
Sponsor: Joanie Buckley, Division Director/Internal Services
EXCERPT FROM AUGUST 24, 2016: (1) Motion by Lisa Summers to adopt resolution titled Adoption
of the Oneida Youth Leadership Institute’s Charter, seconded by Jennifer Webster. Motion not voted
on, item tabled. (2) Motion by Brandon Stevens to table this item, seconded by David Jordan. Motion
carried with one opposed.

Motion by Jennifer Webster to take this item from the table, seconded by Brandon Stevens. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Not Present:
Melinda J. Danforth, Lisa Summers
Secretary Lisa Summers returns at 11:08 a.m.
Chairwoman Tina Danforth calls for a recess at 11:18 a.m.
Meeting called to order by Chairwoman Tina Danforth 11:29 a.m.
Councilwoman Fawn Billie departs at 11:35 a.m.
Councilwoman Fawn Billie returns at 11:39 a.m.

Oneida Business Committee Regular Meeting Minutes - DRAFT of September 14, 2016
Page 5 of 15

Open Meeting Packet

Page 16 of 369

DRAFT

Motion by Jennifer Webster to adopt resolution # 09-14-16-B Adoption of the Oneida Youth Leadership Institute’s
Charter with the following change: [Strike “Paula Rippl” from the fourth Resolve paragraph], seconded by Brandon
Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
1. Approve corresponding Oneida Youth Leadership Institute’s by-laws
EXCERPT FROM AUGUST 24, 2016: Motion by Brandon Stevens to table this item, seconded by
David Jordan. Motion carried with one opposed.
Motion by Jennifer Webster to approve corresponding Oneida Youth Leadership Institute’s by-laws, seconded by
Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Amendment to the main motion by Lisa Summers to request the board to bring back final policy and procedure
regarding section IV.C. Appointments, Resignations, Suspensions, and Removals of the Oneida Youth
Leadership Institute’s by-laws, within six (6) months as information, seconded by Jennifer Webster. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
XII.

NEW BUSINESS1 (4:39:53)
A.

Approve request to post two (2) vacancies on the Oneida Election Board
Sponsor: Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the request to post two (2) vacancies on the Oneida Election Board, seconded
by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
B.

Enter E-Poll results into the record for approved request to transfer one hundred (100) 2016
Indian Summer Festival tickets to Joint Marketing
Sponsor: Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record in accordance with BC SOP Conducting
Electronic Voting: approved request to transfer one hundred (100) 2016 Indian Summer Festival tickets to Joint
Marketing, seconded by Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

1 This section follows after completion of section XIV. REPORTS.

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TRAVEL (4:40:51)
A.

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Travel Requests
1. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary

a. Approved travel request – Councilman Brandon Stevens – Generation Indigenous
Philanthropic event – Washington D.C. – August 25-26, 2016
Requestor:
Brandon Stevens, Councilman

Motion by Fawn Billie to enter the E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting: approved travel request – Councilman Brandon Stevens – Generation Indigenous Philanthropic event –
Washington D.C. – August 25-26, 2016, seconded by Lisa Summers. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer
Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth
2. Enter E-Poll results into the record in accordance with BC SOP Conducting Electronic
Voting:
Sponsor:
Lisa Summers, Tribal Secretary

a. Failed travel request – Councilwoman Jennifer

Webster – American Indian Tourism (AIANTA) conference – Tulalip, WA – September
12‐15, 2016
Requestor:
Jennifer Webster, Councilwoman

Motion by David Jordan to enter the E-Poll results into the record in accordance with BC SOP Conducting
Electronic Voting: failed travel request – Councilwoman Jennifer Webster – American Indian Tourism (AIANTA)
conference – Tulalip, WA – September 12-15, 2016, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
3. Approve travel request – Chairwoman Tina Danforth – White House Tribal Nations
conference – Washington D.C. – September 25-28, 2016
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to approve the travel request – Chairwoman Tina Danforth – White House Tribal Nations
conference – Washington D.C. – September 25-28, 2016, seconded by David Jordan. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

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4. Approve travel request – Chairwoman Tina Danforth – National Congress of American
Indians (NCAI) convention – Phoenix, AZ – October 9-14, 2016
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to approve the travel request – Chairwoman Tina Danforth – National Congress of
American Indians (NCAI) convention – Phoenix, AZ – October 9-14, 2016 and up to three (3) other Business
Committee members to also attend, contingent upon General Tribal Council approving the FY2017 budget,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
Motion by Lisa Summers recess at 12:10 p.m. and to reconvene at 1:30 p.m., seconded by Fawn Billie. Motion
carried unanimously2:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Melinda J. Danforth
Meeting called to order by Vice-Chairwoman Melinda J. Danforth at 1:34 p.m.
Chairwoman Tina Danforth, Treasurer Trish King, and Councilwoman Fawn Billie not present.
XIV.

REPORTS (2:59:00) (This section of the agenda is scheduled to begin at 1:30 p.m.)

Councilwoman Fawn Billie arrives at 1:40 p.m.
A.

Unfinished Reports

Secretary Lisa Summers departs at 1:56 p.m.
Secretary Lisa Summers returns at 2:02 p.m.
1. Accept Child Protective Board FY ’16 3rd quarter report
(1:30 p.m.-1:45 p.m.)
Chair:
Dale Powless
Sponsor:
Lisa Summers, Tribal Secretary
EXCERPT FROM AUGUST 24, 2016: Motion by Lisa Summers to defer the Child Protective
Board FY ’16 3rd quarter report to the September 14, 2016, regular Business Committee meeting,
seconded by David Jordan. Motion carried unanimously.
Motion by Lisa Summers to accept the Child Protective Board FY ’16 3rd quarter report, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

2 This motion occurred after completion of section XI. TABLED BUSINESS

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B.

Operational Reports
1. Accept Self-Governance FY ’16 3rd quarter report
(1:45 p.m.-2:05 p.m.)
Sponsor:
Chris Johns, Coordinator/Self-Governance

Motion by Lisa Summers to accept the Self-Governance FY ’16 3rd quarter report, seconded by Jennifer Webster.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
2. Accept Emergency Management FY ’16 3rd quarter report
(2:05 p.m.-2:25 p.m.)
Sponsor:
Kaylynn Gresham, Director/Emergency Management Department
Motion by Lisa Summers to accept the Emergency Management FY ’16 3rd quarter report, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
C.

Corporate Reports
1. Accept Oneida Seven Generations Corporation FY ’16 3rd quarter report
(2:25 p.m.-2:40 p.m.)
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to accept the Oneida Seven Generations Corporation FY ’16 3rd quarter report,
seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
Councilman Brandon Stevens departs at 3:07 p.m.
2. Accept Oneida Total Integrated Enterprise FY ’16 3rd quarter report
(2:40 p.m.-2:55 p.m.)
Chair:
Butch Rentmeester
Liaison:
Tehassi Hill, Councilman
Motion by Lisa Summers to accept the Oneida Total Integrated Enterprise FY ’16 3rd quarter report; and to direct
the Tribal Secretary to work with Oneida Total Integrated Enterprise on the agenda for the upcoming shareholders
meeting scheduled on Monday, December 5, 2016, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Brandon Stevens

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3. Accept Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report
(2:55 p.m.-3:10 p.m.)
Chair:
Jacquelyn Zalim
Liaison:
Tehassi Hill, Councilman
Motion by Lisa Summers to accept the Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report,
seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer
Webster
Not Present:
Tina Danforth, Brandon Stevens
Councilman Brandon Stevens returns at 3:16 p.m.
4. Accept Bay Bancorporation Inc. FY ’16 3rd quarter report
(3:10 p.m.-3:25 p.m.)
Vice-President: Dianne Zubella
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by David Jordan to accept the Bay Bancorporation Inc. FY ’16 3rd quarter report, seconded by Fawn Billie.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
5. Accept Oneida Airport Hotel Corporation FY ’16 3rd quarter report
(3:25 p.m.-3:40 p.m.)
President:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
Motion by David Jordan to accept the Oneida Airport Hotel Corporation FY ’16 3rd quarter report, seconded by
Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
6. Defer Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016, regular
Business Committee meeting
Agent:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
Motion by Lisa Summers to defer the Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016,
regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

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EXECUTIVE SESSION (4:45:50)
A.

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Reports
1. Accept Oneida Seven Generations Corporation FY ’16 3rd quarter report
(9:00 a.m.-9:30 a.m.)
Agent:
Pete King III
Liaison:
Tina Danforth, Tribal Chairwoman

Motion by Trish King to accept the Oneida Seven Generations Corporation FY ’16 3rd quarter report, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
2. Accept Oneida Total Integrated Enterprise FY ’16 3rd quarter report
(9:30 a.m.-10:00 a.m.)
Chair:
Butch Rentmeester
Liaison:
Tehassi Hill, Councilman
Motion by Tehassi Hill to accept the Oneida Total Integrated Enterprise FY ’16 3rd quarter report, seconded by
Jennifer Webster. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
3. Accept Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report
(10:00 a.m.-10:30 a.m.)
Chair:
Jacquelyn Zalim
Liaison:
Tehassi Hill, Councilman
Motion by Lisa Summers to accept the Oneida Engineering Science & Construction, LLC FY ’16 3rd quarter report,
seconded by Trish King. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
4. Accept Bay Bancorporation Inc. FY ’16 3rd quarter report
(10:30 a.m.-11:00 a.m.)
Vice-President: Dianne Zubella
Liaison:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to accept the Bay Bancorporation Inc. FY ’16 3rd quarter report, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
5. Accept Oneida Airport Hotel Corporation FY ’16 3rd quarter report
(11:00 a.m.-11:30 a.m.)
President:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
Motion by David Jordan to accept the Oneida Airport Hotel Corporation FY ’16 3rd quarter report, seconded by
Fawn Billie. Motion carried unanimously:

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Ayes:
Not Present:

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Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Tina Danforth

6. Defer Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016, regular
Business Committee meeting
Agent:
Janice Skenandore-Hirth
Liaison:
Trish King, Tribal Treasurer
Motion by Lisa Summers to defer the Oneida Golf Enterprise FY ’16 3rd quarter report to September 28, 2016,
regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
7. Accept Chief Counsel report – Jo Anne House, Chief Counsel
Motion by Jennifer Webster to accept the Chief Counsel Report, seconded by Fawn Billie. Motion carried
unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

a. Approve two (2) requests regarding Housing and Urban Development (HUD) draft
monitoring report

Motion by Lisa Summers to approve the Housing and Urban Development (HUD) monitoring report; and to direct
the Chair or Vice-Chair to provide the proper signatures and to submit to Housing and Urban Development (HUD)
no later than September 16, 2016, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
B.

Standing Items
1. Land Claims Strategy (No Requested Action)

C.

Audit Committee
Sponsor: Councilman Tehassi Hill, Chair
1. Accept June 30, 2016, Audit Committee meeting minutes

Motion by Jennifer Webster to accept the June 30, 2016, Audit Committee meeting minutes, seconded by David
Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
2. Accept August 15, 2016 Audit Committee meeting minutes
Motion by Fawn Billie to accept the August 15, 2016, Audit Committee meeting minutes, seconded by Tehassi
Hill. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers
Abstained:
Jennifer Webster
Not Present:
Tina Danforth

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3. Accept Department of Public Works Cemetery Maintenance audit and lift confidentiality
requirement to allow Tribal Members to view the audit
Motion by David Jordan to defer the Department of Public Works Cemetery Maintenance audit back to the Audit
Committee, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
4. Accept Let It Ride Rules of Play audit and lift confidentiality requirement to allow Tribal
Members to view the audit
Motion by Lisa Summers to accept the Let It Ride Rules of Play audit and lift confidentiality requirement to allow
Tribal Members to view the audit, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
D.

New Business
1. Approve eighty-three (83) new enrollments
Sponsor:
Brandon Stevens, Councilman

Motion by Jennifer Webster to approve the eighty-three (83) new enrollments, seconded by David Jordan. Motion
carried with three abstentions:
Ayes:
Fawn Billie, David Jordan, Trish King, Jennifer Webster
Abstained:
Tehassi Hill, Brandon Stevens, Lisa Summers
Not Present:
Tina Danforth
2. Approve amended resignation date for Family Court Judge from October 19, 2016, to
October 21, 2016
Sponsors:
Melinda J. Danforth, Vice-Chairwoman; and David Jordan, Councilman
Motion by Jennifer Webster to approve the amended resignation date for Family Court Judge from October 19,
2016, to October 21, 2016, seconded by Lisa Summers. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
3. Adopt resolution titled Regarding Pardon of Richard Dickenson
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Jennifer Webster to defer the resolution titled Regarding Pardon of Richard Dickenson back to the
Oneida Pardon and Forgiveness Committee, seconded by David Jordan. Motion carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Abstained:
Lisa Summers
Not Present:
Tina Danforth

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4. Adopt resolution titled Regarding Pardon of Valerie Ventura
Sponsor:
Lisa Summers, Tribal Secretary
Motion by Lisa Summers to adopt resolution # 09-14-16-C Regarding Pardon of Valerie Ventura, seconded by
Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
5. Approve limited waiver of sovereign immunity – MiCamp Solutions-Merchant Agreement
and Amendment – contract # 2016-0356 (This item is scheduled to begin at 1:30 p.m.)
Sponsor:
Louise Cornelius, Gaming General Manager
Motion by Jennifer Webster to approve the limited waiver of sovereign immunity – MiCamp Solutions-Merchant
Agreement and Amendment – contract # 2016-0356, seconded by David Jordan. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
6. Approve request to review section 4.5 of Gaming General Manager contract based on
annual performance review
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to deny the request, seconded by Brandon Stevens. Motion carried with one opposed:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Jennifer
Webster
Opposed:
Lisa Summers
Not Present:
Tina Danforth
7. Approve request for a market analysis and updated job description of Human Resources
Department Area Manager position
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by David Jordan to deny the requests, seconded by Fawn Billie. Motion carried with two opposed:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster
Opposed:
Trish King, Lisa Summers
Not Present:
Tina Danforth
8. Approve request to direct Retail Profit Manager to sign updated job description
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Item deleted at the adoption of the agenda.
9. Approve request to direct the Gaming General Manager to follow-up on complaint # 2016DR16-01
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Lisa Summers to approve the request to direct the Gaming General Manager to follow-up on complaint
# 2016-DR16-01; and to request Chairwoman Tina Danforth to send a letter of acknowledgement to the
complainant, seconded by Brandon Stevens. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

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10. Accept concern # 2016-CC-10 as information
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Jennifer Webster to defer concern # 2016-CC-10 back to the complainant citing that the correct
process for removal or ethic violation are cited in the appropriate laws, seconded by Lisa Summers. Motion
carried with one abstention:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Lisa Summers, Jennifer
Webster
Abstained:
Brandon Stevens
Not Present:
Tina Danforth
11. Approve request for follow-up regarding concern # 2016-CC-11
Sponsor:
Tina Danforth, Tribal Chairwoman
Motion by Lisa Summers to accept concern # 2016-CC-11 as information, seconded by David Jordan. Motion
carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
12. Accept concern # 2016-CC-12 as information
Sponsor:
Melinda J. Danforth, Tribal Vice-Chairwoman
Motion by Jennifer Webster to accept the concern # 2016-CC-12 as information, seconded by David Jordan.
Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth
XVI.

ADJOURN

Motion by David Jordan to adjourn at 3:49 p.m., seconded by Fawn Billie. Motion carried unanimously:
Ayes:
Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon Stevens, Lisa
Summers, Jennifer Webster
Not Present:
Tina Danforth

Minutes prepared by Heather Heuer, Information Management Specialist
Minutes approved as presented/corrected on ___________.

_________________________________
Lisa Summers, Secretary
ONEIDA BUSINESS COMMITTEE

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Oneida Business Committee Agenda Request
1. Meeting Date Requested:

09

I 28 I 16

2. General Information:
Session:

~ Open

AgendaHeader:

D Executive- See instructions for the applicable laws, then choose one:

~IR_e_so_l_ut_io_n_s______________________________________________________~

D Accept as Information only
~ Action - please describe:

Approval of Resolution to extend the Multi-Year Funding Agreement with the federal Department of the
Interior's Bureau of Indian Affairs through Calendar Year 2021.

3. Supporting Materials

D Report

D Contract

~ Resolution

~ Other:

1.1'M_e_m_o_r_a-nd_u_m
_ _ _ _ _ _ _ _ _ _ _ _ ____,
3.!MoU with BIA Midwest Region for Fee-to-Trust

4.,MOU with Office of Special Trustee- Realty

2.1Funding Agreement
~ Business Committee signature required

4. Budget Information

D Budgeted- Tribal Contribution

~ Budgeted- Grant Funded

D Unbudgeted

5. Submission
Authorized Sponsor I Liaison:

Primary Requestor/Submitter:

Christopher Johns, Self-Governance Coordinator
Your Name, Title I Dept. or Tribal Member

Additional Requestor:
Name, Title I Dept.

Additional Requestor:
Name, Title I Dept.

Page 1 of2

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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
This Resolution will extend the Multi-Year Funding Agreement (MYFA) between the Oneida Nation and the U.S.
Department of the Interior's Bureau of Indian Affairs (DOI/BIA) for the Calendar Years 2017 through 2021. The
Resolution further authorizes the Chairperson and the Treasurer of the Oneida Business Committee (OBC) to sign
amendments for the succeeding four (4) calendar years of the MYFA.
This MYFA is word-for-word the same as the MYFA 2012-2016 approved by Resolution 08-26-1 0-H with two (2)
notable changes: 1) "Oneida Nation" has replaced the previous "Oneida Tribe of Indians of Wisconsin"
appellation throughout the MYFA; and 2) the "Reprogramming Request" has been updated to reflect the
Nation's most recent share of Congressional appropriations. The amounts shown in the Reprogramming
Request will again be updated when Congress finalizes appropriations for FY 2017 and for subsequent years.
NOTE: The Memorandum of Understanding (MOU) with the DOI/BIA's Midwest Regional Office, Division of Feeto-Trust (OBC Resolution 10-24-12-C) will expire at the end of FY 2017. While this MOU will remain in effect until
September 30, 2017, the Nation will need to renew this MOU if it wishes to extend its term into FY 2018 and
possibly beyond.
NOTE: The Department of the Interior's Office of the Special Trustee (DOI/OSD has requested that the Nation renegotiate the MOU by which the Real Estate Appraisals Service function has been transferred to the Nation. The
current MOU (OBC Resolution 08-12-09-D) will remain in effect until a new MOU has been drafted and approved
by an OBC Resolution.

1) Save a copy ofthis form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdffile to: BC_Agenda_Requests@oneidanation.org
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Oneida Nation
Post Office Box 365

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Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # __-__-__-_
Extending Multi-Year Funding Agreement (MYFA) – Oneida Nation and U.S. Dept. of the Interior’s
Bureau of Indian Affairs (DOI/BIA) – Calendar Years 2017 through 2021
WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

it is the Mission of the Oneida Nation to protect and improve the resources and environment
in which the Oneida People live and to promote a higher standard of living among the
Nation’s citizens while maintaining, enforcing and exercising the sovereign rights of the
Nation; and

WHEREAS,

the Oneida Business Committee has determined that extending the Compact of SelfGovernance through annual Reprogramming Requests and Funding Agreements with the
United States’ Department of the Interior pursuant to Title IV of Public Law 93-638, as
amended, supports and enhances the Nation’s Mission; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the Reprogramming
Request and Funding Agreement negotiated with the federal Department of the Interior’s Bureau of Indian
Affairs for Calendar Year 2017.
BE IT FUTHER RESOLVED, the Oneida Business Committee, by this Resolution, extends approval of
each annually negotiated Reprogramming Request and Funding Agreement for each successive Calendar
Year through Calendar Year 2021.
BE IT FINALLY RESOLVED, that the Oneida Business Committee authorizes the Chairperson and
Treasurer to sign each successive annually negotiated Reprogramming Request and Funding Agreement
where appropriate for the five-year period Calendar Year 2017 through Calendar Year 2021.

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MULTI-YEAR FUNDING AGREEMENT FOR CY 2017-2021
BETWEEN THE ONEIDA TRIBE OF INDIANS OF WISCONSIN
AND
THE UNITED STATES OF AMERICA

Section 1
Negotiated Agreement- Pursuant to Title IV of P.L. 93-638 as amended, the Oneida
Tribe of Indians of Wisconsin (herein referred to as Tribe), and the United States of
America, through the Secretary of the Interior (herein referred to as the Secretary) have
negotiated the following Agreement for the assumption of responsibilities by the Tribe
for the various programs, services, functions, and activities (PSFAs) as specified in this
Agreement. This Agreement includes programs which are funded by or flow through
the Bureau of Indian Affairs (herein referred to as BIA) for the benefit of the Tribe.
Section 2
Programs, Services, Functions, and Activities Assumed By the Tribe - The Tribe
agrees to assume responsibility for the implementation of the programs identified in the
attached REPROGRAMMING REQUEST for which funds are transferred to the Tribe.
The Tribe's Budget Categories listed below specify the programs for which program
responsibilities are assumed. The Tribe has broad authority to consolidate and
redesign the programs and to reallocate funding between programs without further
approval from the Secretary unless otherwise indicated in this Agreement.
A. Government and Administration
1. Administrative Direction
2. Rights Protection
3. Aid to Tribal Government
4. Law Enforcement
5. Facilities Management
B. Business and Economic Development
1. Economic Development
2. Housing Improvement Program
3. Road Maintenance
4. Community Fire Protection
5. Agriculture
6. Real Estate Services
7. Real Estate Appraisals
8. Environmental Quality Services
9. Safety Management
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C. Natural Resource Development
1. Forestry Management
2. Wildlife Management
D. Social and Human Services
1. Indian Child Welfare
2. Services to Children, Elderly and Families
3. Welfare Assistance
4. Education (Scholarships, Adult Education)
5. Employment Assistance
6. Johnson O'Malley

Section 3
Special Projects or Earmarked Programs, Services, Functions, and Activities The Tribe is not authorized to redesign or to reallocate funds provided through this
Agreement for PSFAs which are subject to special restriction imposed by statute or
which are awarded to the Tribe based on a competition or a special identified need. The
amounts identified for these special projects or earmarked PSFAs are the best
estimates at the time of negotiation and are subject to adjustment based on actual
award, selection of project, or distribution methodology used by the Secretary, provided
self-governance Tribes, other Tribes, and BIA agencies are treated similarly. Nonrecurring PSFA funds are provided on a one-time basis for this year only. The BIA's
Reprogramming documents and OSG's Authority to Obligate (ATO) award documents
will identify funds that are awarded on a one-time-only basis and are not guaranteed to
be funded in subsequent fiscal year(s). The following programs which meet this criteria
are included in this Agreement:

Welfare Assistance
Housing Improvement Program
Wetlands/Waterfowl Management
Certain Fish Hatchery Operations
Fish Hatchery Maintenance
Forestry Development
Forest Inventories and Plans
Water Management, Planning and Pre-Development
Certain Environmental Management
Certain Other Indian Rights Protection Categories
Unresolved Hunting and Fishing Rights
Litigation Support
Certain Real Estate Services Categories

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Other funds not identified in this section may be separately negotiated and included in
this Agreement as provided for in Section 8.
Section 4
Programs, Services, Functions, and Activities Retained by the BIA -Any program,
service, function, or activity not listed as transferred to the Tribe shall be assumed to be
a retained function of the Secretary. In addition, the services related to any inherently
federal functions provided by the Secretary will be available to self-governance Tribes
on the same basis as other Tribes. In cases where there are shared responsibilities
between the Tribe and the BIA, the respective roles of the parties will be specified in
footnotes to the reprogramming requests.
Section 5
Amount of Funds - Subject only to Congressional action and the terms of this
Agreement, the Secretary shall make available to the Tribe the funds identified in the
attached REPROGRAMMING REQUEST for Calendar Year 2017 and each succeeding
Calendar Year.
Section 6
Contract Support Costs - Subject to applicable federal laws, the Tribe is eligible for
Contract Support Costs funding on the same basis as Tribes which contract with the
BIA under P.L. 93-638. Contract Support Costs funding shall be added to this
Agreement as it becomes available.
Section 7
Payment - Payment to the Tribe shall be made by the most advantageous means
available. The Tribe chooses to receive all funding possible on an annual lump sum
basis. Other funds will be transferred to the Tribe as soon as possible after the
amounts due are known and deliverable.

Base funding under continuing resolutions will be paid to the Tribe by January 1 or
within 30 business days from the date the Office of Management and Budget (OMB)
apportions the appropriations, whichever is later, or, when applicable, by January 1 or
within 30 business days after the date OMB approves an operating plan for the PSFAs
in the Funding Agreement, whichever is later.

Section 8
Amendment or Modification of this Agreement- Except as otherwise provided in this
Agreement, the Compact, or by law, any modifications to this Agreement shall be in the
form of a written amendment signed by the Tribe and the Director, OSG. It is
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recognized that during negotiations, there may be errors in calculations or other
mistakes which may need to be renegotiated. Both parties agree to take corrective
action when such errors are identified.
Section 9
No Reduction in Programs, Services, Functions or Activities to Other Tribes - In
accordance with 25 U.S.C. §458ft (a), nothing in this Agreement shall be construed to
limit or reduce in any way services, contracts or funds that any other Indian tribe or tribal
organization is eligible to receive under 25 U.S.C. § 450f or any other applicable
Federal law.
Section 10
Subject to Availability of Funds - All amounts identified in this Agreement are subject
to Congressional action on appropriations and will be adjusted accordingly. Notification
to the Tribe of such adjustments will occur as soon as practicable following the action.
The Tribe shall be eligible for new PSFAs and shall be advised of available funding for
such PSFAs on the same basis as other tribes when the Assistant Secretary or other
delegated official makes a decision that additional funds are available.
Section 11
Establishment of Self-Governance Base Budget - The Tribe elects to establish and
maintain a self-governance base budget for its operations under self-governance
pursuant to 25 C.F.R. § 1000.105. This consists of the actual amounts of recurring
funding which have been base transferred from BIA budget accounts to the selfgovernance budget accounts. Adjustments to base budgets will be done in accordance
with 25 C.F.R. § 1000.109. Non-recurring funds and any other one-time funding are not
eligible to be included as part of the Tribe's base budget.
Section 12
Title I Provisions - The Tribe chooses to include the following provisions from Title I of
P.L. 93-638 in accordance with P.L. 104-109, 25 U.S.C § 458cc(l) in this agreement.

A. Section 105(a)(1). "Notwithstanding any other provision of law, subject to
paragraph (3), the contracts and cooperative agreements entered into with
tribal organizations pursuant to section 102 shall not be subject to Federal
contracting or cooperative agreement laws (including any regulations), except
to the extent that such laws expressly apply to Indian tribes."
B. Section 105(k). "For purposes of section 201 (a) of the Federal Property and
Administration Services Act of 1949 (40 U.S.C. § 481 (a)) (relating to
transportation providers), a tribal organization carrying out a contract, grant,
or cooperative agreement under this Act shall be deemed an executive
agency when carrying out such contract, grant, or cooperative agreement and
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the employees of the tribal organization shall be eligible to have access to
such sources of supply on the same basis as employees of an executive
agency have access."
C. Section 106(m). "The program income earned by a tribal organization in the
course of carrying out a self-determination contract- (1) shall be used by the
tribal organization to further the general purposes of the contract; and (2)
shall not be a basis for reducing the amount of funds otherwise obligated to
the contract."
D. Section 106(n). 'To the extent that programs, functions, services, or activities
carried out by tribal organizations pursuant to contracts entered into under
this Act reduce the administrative or other responsibilities of the Secretary
with respect to the operation of Indian programs and result in savings that
have not otherwise been included in the amount of contract funds determined
under subsection (a), the Secretary shall make such savings available for the
provision of additional services to program beneficiaries, either directly or
through contractors, in a manner equitable to both direct and contracted
programs."
E. Section 111. "Nothing in this Act shall be construed as - (1) affecting,
modifying, diminishing, or otherwise impairing the sovereign immunity from
suit enjoyed by an Indian tribe; or (2) authorizing or requiring the termination
of any existing trust responsibility of the United States with respect to the
Indian people."
Section 13
Conflict Between Provisions of this Agreement and the Compact - To the extent
that provisions in this Agreement conflict with the Compact, this Agreement shall apply.
Section 14
Proposed Effective Date - The proposed effective date of this Agreement will be 90
days following the submission of the signed Agreement to the Congress and to the
other Tribes served by the BIA Agency Office. The proposed effective date is January
1. The successor Agreement shall be controlled by 25 CFR § 1000.90. This Agreement
shall remain in effect until the date the agreement ends. In subsequent years, the
parties shall negotiate an amendment incorporating the annual REPROGRAMMING
REQUEST(s) into the Multi-Year Funding Agreement by October 1 of each year.
Section 15
Training - Prior to being granted access to DOl automated trust information technology
systems, Tribal employees must successfully complete BIA trust automated technology
systems training, the costs of which will be met by the BIA and OST.

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Section 16
Employee Security - Prior to being granted access to DOl automated information
technology systems and DOl Trust Records in any electronic data or hardcopy format,
the Tribe agrees its employees and employees of its contractors must be favorably
screened and a final favorable suitability determination issued by the BIA Personnel and
Physical Security Office pursuant to OMB Circular No. A-130 and OM 441. In addition,
pursuant to Homeland Security Presidential Directive 12 (HSPD-12), Tribal employees
and employees of their contractors must also successfully go through a Personal
Identity Verification process prior to being granted access to DOl automated information
technology systems. Costs will be incurred by the BIA or OST for their respective
PSFAs.
Section 17

The Tribe and the Office of the Special Trustee for American Indians (OST) have
negotiated a Memorandum of Understanding (MOU) for the Real Estate Appraisal
Services Program. This program will be governed by the terms of this MOU, which is
attached and fully incorporated into the funding agreement.
Section 18
Trust Records Management- The Tribe and the Secretary agree to the following:

The Tribe agrees to:
(a) preserve, protect and manage all fiduciary Trust Records, created
and/or maintained by the Tribe during their management of trust programs in
their Title IV agreements. (A fiduciary Trust Record is/was any document that
reflects the existence of an Indian trust asset and is/was used in the
management of an Indian trust asset. An Indian trust asset refers to lands,
natural resources, monies or other assets held in trust at a particular time by the
Federal Government for a Tribe, Alaska natives that are or were at a particular
time restricted against alienation, for individual Indians. Management includes
actions that influence, affect, govern, or control an Indian trust asset. The
following are examples not considered to be fiduciary Trust Records: general
administrative, personnel or travel records; education records; law enforcement
records; health records; law making unrelated to Indian trust assets; tribal
council resolutions and laws unrelated to Indian trust assets; and tribal elections.)
(b) make available to the Secretary all fiduciary Trust Records maintained
by the Tribe, provided that the Secretary gives reasonable oral or written
advance request to the Tribe. Access shall include visual inspection and at the
expense of the Secretary the production of copies (as agreed upon between the
parties) and shall not include the removal of the records without tribal approval;
and
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(c) store and permanently retain all inactive fiduciary Trust Records at the
Tribe or allow such records to be removed and stored at the American Indian
Records Repository (AIRR) in Lenexa, Kansas at no cost to the Tribe.
The Secretary agrees to:
(a) allow the Tribe to determine what records it creates to implement the
trust program assumed under its Title IV Agreement, except that the Tribe must
create and maintain the information required by statute and regulation. No
additional record keeping requirements are required by this Agreement.
(b) store all inactive fiduciary Trust Records at AIRR at no cost to the Tribe
when the Tribe no longer wishes to keep the records. Further, the Tribe will
retain legal custody and determine access to these records and such records
shall not be treated as Federal records for purposes of chapter 5 of Title 5 of the
United States Code unless expressly agreed to by the Tribe;
(c) create and manage a single tribal storage and retrieval system for all
fiduciary Trust Records stored at AIRR (No records will be accepted at AIRR until
such a retrieval system exists); and
(d) provide technical assistance for Tribes in preserving, protecting and
managing their fiduciary Trust Records from available funds appropriated for this
purpose.

Section 19
Single Audit Copies -- In addition to the required copy to the Federal Audit Clearing
House, the Tribe is required by 25 U.S.C. § 450c(f) to provide two copies of the audit
financial statements and single audit report to the Office of Internal Evaluation and
Assessment, DOl, 12220 Sunrise Valley Drive, Reston, VA 20191 phone 703-390-6578,
fax 703-390-6325 or e-mail an electronic copy to OIEA@BIA.GOV.

Section 20
Motor Vehicle Operation Policy- The Tribe certifies that it will self-administer a motor
vehicle operation policy that promotes the safe and prudent operation of motor vehicles
while performing duties to implement the terms of the Agreement. The Tribe's policy is
either comparable or superior to the May 3, 2006 Motor Vehicle Operation Policy for the
BIA issued by the Associate Deputy Secretary. The Tribe's policy includes compliance
with Executive Order 13513 prohibiting texting while driving.

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Section 21
Reporting Requests -- The Tribe agrees to provide applicable data and information to
the BIA Midwest Regional Office] pursuant to the Government Performance and Results
Act of 1993 (P.L. 103-62). Before providing such information, the Tribe will work with
its respective Regional Office GPRA Coordinator to determine applicable data and
information needed to meet the requirements pursuant to the Act.
Section 22
Programs Involving Contact With Children - As mandated by the Indian Child
Protection and Family Violence Prevention Act (P.L. 101-630), prior to being authorized
to perform services, functions and activities that involve regular contact with or control
over Indian children, Tribal program staff and volunteers must be favorably screened
and a final favorable suitability determination issued. Minimum standards of character
must be established and implemented in accordance with 25 CFR Part 63.

ONEIDA NATION

BY:

DATE: _ _ _ _ _ __
----~--~~~------------

Cristina Danforth
Chairwoman

UNITED STATES OF AMERICA

BY:
----~------~-----------Director, Office of Self Governance

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Office of Self-Governance

Saturday, August 06, 2016

fribe: ONEIDA TRIBE OF WISCONSIN
31A Tribal Organization Code: F55433
JSG Tribal Compact Code: OSGT433
31A Area Office: F00100- MIDWEST REGION
31A Agency Office: F55000- GREAT LAKES AGENCY

Line
Item

Program Title

Cost
Code

23 Trust Management Improvement Project (UTB)- NON TPA

A3AOO

24 Assistant Secretary Support- NON TPA
27 Administrative Services- NON TPA

A
OSG
Cumulative
Base

Info
Tribal
Share

c

B
OSG
Shortfall
Base

E=A+B+C+D

D
BIA
Reprogram
Request

OSG
Shortfall
Request

FN

Total AFA

0

0

0

0

0

0

A5000

0

45,000

0

0

0

45,000

A5220

0

39,006

13,003

0

0

52,009

31 Facilities Management- NON TPA

A5370

0

13,476

0

0

0

13,476

32 Executive Direction (Regional)- NON TPA

A6000

0

6,646

1,794

0

0

8,440

34 Admin Svcs (Regional-Safety)- NON TPA

A6110

0

4,812

1,604

0

0

6,416

35 Executive Direction- TPA!Agency

A9010

0

10,029

0

0

0

10,029

38 Administrative Services- TPA!Agency

A9120

0

32,470

0

0

0

32,470

44 Economical Development- NON TPA

C6010

0

2,062

3,587

0

0

5,649

45 Job Placement and Training- TPA!Agency

C9035

0

2,991

0

0

0

2,991

47 Job Placement and Training- TPA!Tribal

C9035

0

206,000

0

0

0

206,000

53 Road Maintenance - TPA!Tribal

C9250

0

15,672

0

0

0

15,672

58 Education Line Officers- NON TPA

E5030

0

10,170

0

0

0

10,170

61 Johnson O'Malley- TPA!Tribal

E9040

0

133,100

0

0

0

133,100

64 Tribal Scholarships- TPA!Region

E9310

0

375,383

0

0

-282,787

92,596

75 Social Services- NON TPA

H6010

0

4,921

0

0

0

4,921

76 Housing Development- NON TPA

H6030

0

16,943

0

0

0

16,943

78 Social Services - TPA!Region

H9010

0

6,966

0

0

562

7,528

3

80 Welfare Assistance - TPA!Tribal

H9130

0

0

0

0

0

0

4

83 Indian Child Welfare Act - TPA!Tribal

H9220

0

75,000

0

0

16,151

91,151

5

84 Housing Improvement Program - TPA!Tribal

H9370

0

0

0

0

0

0

6

86 Criminal Investigations/Police Service- NON TPA

J3000

0

0

0

0

97,530

97,530

7

90 Law Enforcement Projects- NON TPA

J3300

0

0

0

0

0

0

96 Community Fire Protection - TPA!Agency

J9030

1,600

0

0

1,600

98 Community Fire Protection - TPA/Tribal

J9030

0
0

12,000

104 Rts Protection Implementation- NON TPA

N3110

0

111 Tribal Mgmt/Development Prgm- NON TPA

N3210

113 Water Mngmt, Plan&PFe-Dvlpmnt- NON TPA

N3420

116 Forestry- NON TPA

N3EOO

1

2

12,000

0

0

0
0

0

0

0

0

0

0
59,745

0

0

0

59,745

8

0

0

0

0

0

0

9

0

0

0

0

0

0
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AUTHORIZED FINANCIAL OFFICERS
Bureau of Indian Affairs - Regional Office
Tribe

Office of Self Governance
=ootnotes

1 When he Tribe is eligible to receive road maintenance funds, subject to appropriation, Bureau of Indian Affairs road maintenance funds will be distributed using the
same formula as used last year. The amount shown is an estimate. A relative needs formula will be used to determine the actual amount to be provided. The
distribution will be derived from the official 2016 inventory which is based on accepted updates submitted before June 15, 2016.
2 The Office of Self-Governance is authorized to reprogram a total of $282,787 from the Tribe's Total Enacted Base Funding on a one-time-only basis in CY 2017 to
the BIA Midwest Regional Office to support the activities of the BIA Division of Fee-to-Trust for the benefit of the Tribe as agreed to in the attached Memorandum
of Understanding. The BIA Midwest Regional Office will reprogram any unused funds back to the Office of Self-Governance for use by the Tribe.
3 The amount shown in Column D is an estimate of the Tribe's additional recurring Social Services Program funding. The Tribe requests that the actual amount
provided be base transferred as soon as possible.
4 The actual amount to be provided is to be determined and distributed based on welfare assistance need as determined by the national distribution methodology
used by the BIA.
5 The amount shown in Column D is an estimate of the Tribe's additional recurring Indian Child Welfare Program funding. The Tribe requests that the actual
amount provided be base transferred as soon as possible.
6 Funds will be distributed based on HIP eligible applicant data and shall be used in accordance with HIP regulations unless waived.
7 The amount shown in Column D is an estimate of the Tribe's recurring Criminal Investigations/Police Service funding. Any eligible new Law Enforcement Program
funding will be determined and added to the Funding Agreement based on a determination by the BIA Office of Justice Services. The Tribe agrees to provide
monthly uniform crime data reports pursuant to 25 CFR § 12.41. The monthly reports are due by the 5th of each month and shall be submitted to the BIA District
Office in the Tribe's area.
8 The amount identified is the best estimate at the time of negotiation and is subject to adjustment based on actual award, selection of project, or distribution
methodology used by the BIA provided Self-Governance Tribes, other Tribes, and BIA agencies are treated similarly. Funding for non-recurring Programs,
Services, Functions, and Activities (PSFAs) can only be provided on a one-time-only basis for this year and such PSFAs are not guaranteed to be funded in
subsequent years.
9 The amount to be provided is based on actual award, selection of project, or distribution methodology used by the BIA provided Self-Governance Tribes, other
Tribes, and BIA agencies are treated similarly. Funding for non-recurring Programs, Services, Functions, and Activities (PSFAs) can only be provided on a
one-time-only basis for this year and such PSFAs are not guaranteed to be funded in subsequent years.
10 The Tribe and the BIA Midwest Regional Office will continue to cooperate in facilitating and expediting the processing of land into trust for the Tribe in accordance
with the Memorandum of Understanding which is attached and incorporated into the MYFA for CY 2017.
11 The Tribe and the Office of the Special Trustee for American Indians are negotiating a Memorandum of Understanding (MOU) for the Real Estate Appraisal
Services Program. This program will be governed by the terms of this MOU which will be attached and fully incorporated into the Funding Agreement.
12 Subject to applicable federal laws, the Tribe is eligible for Contract Support Costs funding on the same basis as Tribes which contract with the BIA under P.L. 93638. Contract Support Costs funding shall be added to this Agreement as it becomes available.

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Oneida Tribe of lndlaris of Wisconsin

UGWA DEMOLUM YATEHE
Because of the "help of
this Oneida Chief In
cementing a frl~shlp
between the six nations
and the colony of
Pennsylvania, a new
nation, the United Statea
was mada posable.

Oneldaa brfnglng ~vera!
hundred bags of corn to
Washington' s starving army

at Valley Forge, after the
colonists had consistently
refused to aid them.

BC Resolution 10-24-12-C
Memorandum of Undel'ltandlng between the'Onelda Tribe of Indiana of Wisconsin and the BIA Midwest Regional
Office, Division of Fee-to-Trust
WHEREAS,

the Oneida Tribe of Indians of Wisconsin Is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America, and

WHEREAS,

the Oneida General Tribal Council Is the duly recognized governing bpdy of the Oneida Tribe of Indians of
Wisconsin, and

WHEREAS,

the Oneida Business Committee haa been delegated the authority of Article IV, Section 1, ofthe Oneida
Tribal ConstHutlon by the Oneida General Tribal Council, and

WHEREAS,

It Is the mission of the Oneida Tribe of Indians of Wisconsin to protect and Improve the resources, the·
standards of IMng, and the environment in which the Oneida people live while maintaining, enforcing, and
exercising the sovereign rights of the Oneida Tribe, and

WHEREAS,

the Oneida Tribe of Indians ofWJsco.nsin has determined that regaining control over the land within the
original Oneida Reservation In Wisconsin Is one of Its highest priorities, and

WHEREAS,

The Oneida Tribe of Indians of Wisconsin participated In prior Memorandums of Understanding with the BIA
Midwest Regional Office, Division of Fee to Trust and found that the agreements resuHed In a mora
respom~lve trust application process and has determine~ that continued participation Is In the best Interests
of the Oneida Tribe, and

NOW THEREFORE BE IT RESOLVED. the Oneida Business Committee approves the Memorandum of Understanding
between the Oneida Tribe of Indians of Wisconsin and the BIA Midwest Regional Office, DMslon of Fee to Trust by the Chair
of the Oneida Business Committee, and
NOW THEREFORE BE IT FURTHER RESOLVED, the Oneida Business CommHtee authorizes the commitment of the
necessary Tribal Priority Allocation (TPA) funds to cany out the activities of the Division of Fee to Trust on· behalf of the
Oneida Tribe of Indians of Wisconsin, and
NOW THEREFORE BE IT FINALLY RESOLVED, the Oneida Business Committee authorizes the Oneida Tribal Chairman to
become the signatory of the Memorandum of Understanding between the Oneida Tribe of Indians of Wisconsin and the
Bureau of Indian Affairs-Midwest R~Ional Office.
CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business
CommHtee Is composed of 9 members of whom 5 members constitute a quorum; 7 members were present
at a meeting duly called, noticed and held on the 24111 day of October, 2012; that the forgoing resolution was
duly adopted at such meeting by a vote of 5 members for, 0 members against, and 1 members not voting;
and that said resolution has not been rescinded or am nded in any way.
. .

~ Palrl~ ~ooft,

bal C181a.y
Oneida Business CommHtee

.

*According to the By~Laws, Article
. I, Section 1, the Chair votes "only In the case of a tie."

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ONEIDA LAW OFFICE
CONFIDENTIAL: A /TORNEY/CLIENT WORKPRODUCT

TO:

Chris Johns
Self Governance

FROM: Robert W. Orcutt, Staff Attorney

Use this mouber onj111111:e col'r'es~iondence:

2012-0958 /
.---"

DATE: July31, 2012
RE:

BIA FY20 12~20 16 Funding Agreeme1tt
Ij),ou have any questions or commetl(s regarding this review, please ca/{869-4327.

The attached agreetnent, cohttact, policyand/ot· gt1arartty has been reviewed by the Oneida Law
Office for legalcotitent only. Please note the following:
./ The document is in appropriate legal forin. (Execution is a management decision)

./ Requires Chairman's signature.

Open Meeting Packet
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MEMORANDUM OF UNDERSTANDING
Between
ONEIDA TRIBE OF INDIANS OF WISCONSIN
And
THE BUREAU OF INDIAN AFFAIRS-MIDWEST REGIONAL OFFICE
FY 2014 • FY 2017
This Memorandum of Understanding (hereinafter the 11Agreemenr) is entered into by
and between ONEIDA TRIBE OF INDIANS OF WISCONSIN and the Bureau of Indian
Affairs (BIA), Midwest Regional Office (hereinafter MWRO), said entities collectively
referred to as the ·parties."
·
This Agreement is being entered into for the purpose of setting forth, in writing, the
understanding of the relationship of the Parties and facilitating the expeditious
processing of fee-to-trust applications and reservation proclamations submitted by
Participating Tribes. Through funds provided by Participating Tribes to supplement BIA
staff, the MWRO will hire employees/contract staff whose sole duties and
responsibilities will. be to process Fee-to-Trust applications and reservation
proclamations in a manner consistent with the terms contained herein.
RECITALS
A. The need for increased land base is imperative to the Tribes of Minnesota,
Wisconsin, Michigan, and Iowa. Most Tribes do not have sufficient land to meet
current housing, community, environmental protection, quality of life and
economic development needs and a number of Tribes have very little or no trust
hind at all.
·
B. A number of combining factors have ma'de it difficult for the Midwest Region and
Agency staff to manage the fee-to-trust acquisition needs. As a result of these
factors, a backlog of pending applications ~xists and it is compounded by the
increasing number of applications filed ·each year.
C. The gap between fee-to-trust applications and land being accepted into trust by
the Secretary of the Interior is widening.
D. Legal authority for this MOU is at 25 U.S. C.§ 123 (c),§ 458 cc (b) (3) (1998)
and§ 450 0) (1998), 516 OM 6, appendix4, National Environmental Policy Act ·
Revised Implementing Procedures, and 602 OM 2, Land Acquisitions; Hazardous
Substances Determinations.

liP age

Open Meeting Packet

Page 43 of 369

E. The MWRO shall have oversig.ht, responsibility and accountability for the
administration of the regional and agency staff funded and supported by this
agreement.
F. F~e-to-Trust Applications used herein, include all Tribal applications that may
qualify for status as On-reservation, Contiguous/Adjacent, Off-reservation or
Mandatory Acquisitions.
G. Definitions:

Council. The group of representatives of the Participating Tribes and the
MWRO Supervisory Realty Specialist (SRS).
Division. The Midwest Region Director and group of staff assigned to
work on trust acquisition case$ under this Agreement.
ParticiPating Tribe. A Tribe, Band or Community that is federally
recognized and a signatory to this Agreement and who meets· all
requirements contained in this Agreement.
Tribe. A Tribe, Band or Community that is federally recognized.
TERMS AND CONDITIONS

1: Conditions Pracedent/EIIglbllltv

a. The Tribal Resolution: Participation In the Agreement will not become effective
·until the SRS (as defined above) has received a signed Tribal Resolution from
the Interested Tribe that contains an acknowledgement of the financial
contribution and/or commitment of the required Tribal Priority Allocation (TPA)
funds, and acknowledgment of the necessity to commit to becoming a signatory
of the Agreement and to be bound by Its terms.
b. The Agreement and Contribution: The Tribe must also sign the Agreement and
complete any additional paperwork necessary to facilitate the re-programming of
TPA funds, if applicable, to the Project. Or, the Tribe and MWRO will sign a·n
agreement detailing outside funds being committed to the Division.
c. In addition to the Tribal Resolution, the Tribe will submit a letter i~entifying the
designated tribal representative and alternates for the purpose of representation
at Council meetings. A Participating Tribe reserves the right to change the
names of its indhtidual tribal representative at its discretion.

. 2IPage

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Page 44 of 369

2. Qualifications for PartlciQStlon/~lnlmum Financial Participation

a. The following shall· serve as the minimum criteria for a Participatil,lg Tribe:
i.
The Participating Tri~e must have the internal administrative support
. system necessary to process the Intra-tribe portion of the fee-to-trust
application .
The Participating Tribe understands that it shall be its responsibility to
.ii.
make an effort to work with its local or neighboring municipal
governments.
·
b. Minimum financial participation:
I.
The budget for the Division will be funded by the Participating Tribes and
divided evenly between the Participating Tribes for the four years.
ii.
Tribes may participate by contributing a minimum of (TBD) per fiscal year
from their TPA or other funds for four consecutive years.
iii.
After year four, if this Agreement is renewed, it shall be funded by the·
Participating tribe~.

3. Aaraement Term
a. This Agreement shall be in effect for four years.
.
· b. If this Agreement is not renewed at least six months (6) before the close of the
fourth fiscal year of the Agreement, it will be deemed expired as of the date of the
end of the fourth year and the terms and conditions contained herein will
. terminate.
c. The term of this Agreement may be extended at any time by the signatories in
writing.
d. Altering the operational requirements of this Agreement must be approved by a
majority of the Participating Tribes..
4. Division Employee Selection*

a. The Parties agree that the BIA personnel for the Division shall be governed by
the terms of the Agreement. Any conflict involving the duties and/or
responsibilities of the personnel shall be resolved in accordance with this
Agreement and MWRO personnel policies. Federai employees' personnel rights
are governed· by Title 5 of the U.S.C.A. Statutory rights and obligations will not,
be superseded by this Agreement.
b. The Parties agree that additional employees in the MWRO office will be
necessary to achieve the goals of this Project. The specific number and .
positions of the employees will be determined by the MWRO and the Advisory
Council through a mutually agreed upon process.
c. The Parties agree that the process for selecting staff for filling of the Division
positions will follow federal personnel rules and regulations. The position
descriptions, interviewing of prospective candidates, will be made by the MWRO.
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Page 45 of 369

The MWRO shall infonn the Advisory Council of selection criteria and the
selected employees.
·
*Selection not applicable if tribal or contract staff are used.
5. Establishment of the Oversight Advlsorv Council

a. Oversight will be through a Joint tribai/MWRO Advisory Council (hereinafter the
·council) that will be composed of the MWRO Regional Director and one
representative of each Participating Tribe. The Council shall meet at least twice
a year In a manner detennined by the Participating tribes.
b. The Parties to this agreement may appoint an Executive Committee for the
purpose of providing more timely input to the Regional Director, which shall meet
as necessary. The Committee will be comprised of both tribal and federal
members.·
c. · A quorum of the Council shall be 100% of the Participating tribes, only if the
number of Participating Tribes with an Agreement is less than four (4), or if there
are four or more Participating Tribes, three-fourths of those tribes shall establish
a quorum.
d. Decision making for the Council shall be by consensus vote of the attending
Participating Tribes after a quorum is established.
6. Supervision of Office

The Division employees and consultants will report directly to the Regional
Director's Office.
7. Scope of Work

The Division Project Leader will be the Division Supervisory Realty Specialist,
(hereinafter 11SRs·). The duties of the SRS are entailed in the attached job
description. In addition, the SRS will be responsible for seeing that the Division
staff will adhere to the duties described below in the Agreement as the basis for
the processing of Fee-to-Trust Applications and reservation proclamations for the
Participating Tribes. ·
B. Fee-to-Trust Activities

a. The SRS and employee (s) will be responsible for assuring that each request for
fee-to-trust acquisition shall fulfill completely all of the administrative
requirements of 25 CFR Part 151 for the request under consideration. This shall
include but not be limited to:
i.

Maintaining a master checklist for each transition consistent with the
Activity log attached to this MOU as Exhibit 1.

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Open Meeting Packet

ii.
iii.

iv.
v.

vi.

vii.
viii.
ix.
x.
. xi. ·
xll.

Page 46 of 369

Serving as liaison and maintaining communication between the MWRO
and the Participating Tribe for Fee-to-Trust issues.
.
Reviewing and commenting on any deficiencies in any current application
package, and reviewing and providing technical assistance in the
preparation of any future applicatio11s, as requested by the Participating
Tribe.
·
Assuring that adequate notifi~tion ts provided to all possible units of local·
government with current-jurisdiction over the property.
.
Reviewing and providing technic;al assistance, where requested, of all
Environmental documents as required of the Participating Tribe or the BIA,
and Phase I Surveys as may be required in accorda:nce with 516 DM 6,
Appendix 4, National Environmental Policy Act Revised Implementing
Procedures, and 602 DM 2, Land Acquisitions: Hazardous Substances
Determinations.
.
Assisting the Field Solicitor in prepar$tion of the Preliminary Title Opinions
(PTO). Such assistance may include preparing draft PTO's, assistance in
acquiring a Commitment for Title Insurance, and monitoring the progress
of the Solicitor's Offi~ in processing the PTO. .
.
Assisting Participating Tribes where' requested in developing responses to
comments received from other units of government with jurisdiction.
Preparing the Notice of Decision on a requested parcel.
Preparing the record· fen appeal under 25 CFR Part 2.
Assisting the Participating Tribes In eliminating or mitigating any of the ·
Solicitor"s objections in the PTO.
·
Assisting in the preparation of Notice for Publication under 151.12(b).
Preparing all documentation necessary for title f;'xamination required
under 151.13.
·

· b. The SRS and employee(s) will be responsible for assuring· that each request for
reservatio·n proclamation shall fulfill completely all of the policy requirements as
established.

9. Record Keeping
a.
b.

c.

Books of Account: The SRS 'shall cause tQ be kept complete books of
account of ope~tions In which ~ach project transaction shall be fully and
accurately entered Into an appropriate database.
Accounting: The financial state.ments.shall be prepared in accordance
with generally accepted accounting principles and shall be appropriate
and adeqoate for the intended purpose and for carrying out the provisions
of the Agreement. The format of the Accounting Reports shall be that of
the attached budget submitted by MWRO: The fiscal year of the Project
shall be. October 1•t through September 30th.
Records: At all times during the term of existence of the Agreement, the
SRS s.hall keep or cause to be kept the books of account referred to in
Section (9) (a), together with:

5I Page

Open Meeting Packet

Page 47 of 369

i.

d.
e.

A current list of contact information, which also identifies the
Participating Tribe contribution.
ii.
A copy of this Agreement and any other operating documents.
iii.
Financial statements of the Project.
iv.
The books and records (including budgets) of the project as they
relate to internal affairs.
Status Reports: A minimum of once per quarter, the MWRO-SRS shall
cause to be prepared a Fee-to-Trust Division land into trust report.
Budget justification should contain some, if not all, of the following:
i.
Personnel-Salary-Fringe
ii.
Equipment, furnishing, facilities
iii.
Ma~rial and supplies
iv.
Travel
v.
Sub-Contracts
vi.
Other items of cost, television, radio, newspaper if necessary
vii.
Printing costs ·
viii..
Other real and personal property

10. Freedom of lnfonnatlon Act (FOIAl
Any Freedom of Information Act (hereinafter ~FOIA•) requests to the BIA shall
be disclosed immediately to the particular Participating Tribe upon which the
particular request is made, including the details of the specific information
requested.
11. Periodic Consultation
In addition to consultation concerning specific applications or activities, the
Participating Tribes, the SRS, and the BIA agree to meet and confer as
necessary on matters of mutual concern. To the ext~nt practicable, each
party shall provide the other with a list of topic issues to be discussed at least
fiVe business days in advance of each such meeting.
12. Dispute Resolution
Any dispute as to interpretation of any provision of this Agreement will be
submitted to the Council who will review all relevant material pertaining to the
dispute. The council will issue the written decision. The decision of the .
Division is final except that it may not issue any decision in contravention of
employee rights as governed by Title 5 of the Anti-Deficiency Act at Title 31 of
the United States Code. Parties to the Agre~ment may use services of the
Departmenfs Alternative Dispute Resolution Office.
13. Entire Agreement
This Agreement sets fort~ the entire agreement and understanding between the
Parties as to the subject matter hereof and merges and supersedes all prior

61Page

Open Meeting Packet

Page 48 of 369

discussions, agreements and understandings of any and every nature between
them, and neither party shall be bound by any condition, definition, warrant or
representation other than expressly set forth or provided for in the Agreement, or
as may be, on or subsequent to the date hereof, set forth in writing and signed by
the Parties to bound thereby; and this Agreement may not 'be changed or
modified except by an agreement in ·writing by the Parties.
14. Amendment
The parties may, from time to time, am.end the provisions of the Agreement as
may be deemed necessary or appropriate. Either party may request to amend
this Agreement and it shall be incumbent upon the other party to consider and
discuss such amendment with the requesting party in good faith. No provision of
this Agreement may be changed, amended, waived, discharged, or terminated
orally, but only by an instrument in writing signed by a duly authorized .
representative of the Participating Tribes and the MWRO.
16. Dissolution/Withdrawal
This agreement may be dissolved by the affirmative vote of the majority of the
members taken at least 60 days before the end of the then-current fiscal year, to
be effective at the end of the fiscal year in which the vote is taken. A
Participating Tribe may withdraw from the Agreement for the ~mainder of the
term of this Agreement by giving written notice, by Tribal Resolution, of such
Intent to the Division SRS at least 90 days prior to the end of the then-current
fiscal year. The notice shall state the actual date the Participating Tribe will
officially withdraw. If any Participating Tribe withdraws, funding contributed by
the Participating Tribe for that fiscal year shall not be refunded.
18. Sovereign Immunity
Nothing in this MOU shall waive the Sovereign Immunity of the Tribe
or Its subsidiaries to suit in any court of competent jurisdiction.

71Page

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Open Meeting Packet

Page 49 of 369

CERTIFICATION

J

This Agreement entered into by and between tt1e ONEIDA TRIBE OF INDIANS OF
WISCONSIN by the authqrlzed signatory belo~. and the Midwest' Regional Director
does hereby take effect beglr:ming the Fiscal Year' October 1, 2013 through Fiscal Year
ending September 30, 2017.

Midwest Regional Office

By:------=--:--""':"'::'--,---Regional Director

ONEIDA TRIBE OF INDIANS OF WISCONSIN

By:

d!J.._.,('~-4,
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Tribaf Resolution

Delgado

Date

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Date

81Page

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Page 51 of 369

Oneida Tribe of Indians of Wisconsin
Post Office Box 365

Oneida, Wl54155

Phone: (920) 869-2214

UGWA DEMOLUM YATEHE

Because of the help of
this Oneida Chief In
cementing a friendship
between the six nations
and the colony of
Pennsylvania, a new
nation, the United States
was made posable.

Oneidas bringing several
hundred bags of corn to
Washington' s starving army
at Valley Forge, after the
colonists had consistently
refused to aid them.

RESOLUTION# 08-12-09-D
Annual Funding Agreement Negotiated with the Department of the Interior's Bureau
oflndian Affairs for Calendar Year 2010 and the Memorandum of Understanding
Negotiated with the Department of the Interior's Office of the Special Trustee

WHEREAS,

the Oneida Tribe oflndians of Wisconsin is a federally recognized Indian government, a Treaty Tribe
recognized by the laws of the United States, and a Self-Governance Tribe with the Department of the
Interior's Bureau oflndian Mfairs and with the Department of Health and Human Services' Indian Health
Service; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of Wisconsin; and

WHEREAS,

the Oneida Business Committee has been delegated authority under Article IV, Section I ofthe Oneida
Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

it is the mission of the Oneida Nation of Wisconsin to protect and improve the resources, the standards of
living, and the environment in which the Oneida people live while maintaining, enforcing, and exercising the
sovereign rights of the Oneida sovereignty; and

WHEREAS,

the Oneida Business Committee has determined that entering into a Self-Governance Compact and annual
Funding Agreement (FA) with the U.S. Government's Department of the Interior pursuant to P.L. 93-638, as
amended, supports and enhances the Oneida Nation's sovereignty.

NOW, THEREFORE, BE IT RESOLVED: that the Oneida Tribe oflndians of Wisconsin approves the Reprogramming Request
and annual Funding Agreement negotiated with the Department of the Interior's Bureau oflndian Affairs for Calendar Year 2010
and the Memorand.um of Understanding (MOU) negotiated with the Department of the Interior's Office of the Special Trustee
(OST) and authorizes the Treasurer to sign the Repmgramming Request as negotiated and authorizes the Chairman to sign the
Funding Agreement and MOU as negotiated.

CERTIFICATION
I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida Business Committee is
composed of 9 members of whom 5 members constitute a quorum. 7 members were present at a meeting duly called, noticed and
held on the Jth day of August, 2009; that the foregoing resolution was duly adopted at such meeting by a vote of6 members for,
0 members against, and 0 members not voting; and that said resolution has not been rescinded or amended in any way.

t>~\ket-·
Patricia Hoeft, Secretary
Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

Open Meeting Packet

Page 52 of 369

MEMORANDUM OF UNDERSTANDING
'BETWEEN THE ONEIDA TRIBE OF INDIANS OF WISCONSIN

AND
THE DEPARTMENT OFTHE INTERIOR
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
FOR
REAL ESTATE APPRAISAL SERVICES
CALENDAR YEAR 2010

I. AUTHORITY
This Memorandum ofUnderstanding (MOU) between the Oneida Tribe ofindians of Wisconsin (Tribe)
and the Department of the Interior, Office of the Special Trustee for Americo

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Open Meeting Packet

Page 165 of 369

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including where the completed form should be sent.

Open Meeting Packet
Sta~ of W"1SCOI1Sin
Department of Natural Resources
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SOD.. BORING LOG INFORMATION
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Open Meeting Packet
.State of WJSCOnSin
Department of Natural Resources

Page 168 of 369

SOa BORING LOG INFORMATION
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pters 281,283,289,291,292,293,295, and 299, Wis. Stats. Completion ofthis fotm is mandatory. Failure to file
this form may result in
eiture of between $10 and $25,000, or imprisonment for up to one year, depending on the program and conduct involved.
Personally identifiable information on this form is not intended to be used for any other purpose. NOTE: See instructions for more information,
including where the completed form should be sent.

Open Meeting Packet

Page 169 of 369

Sta~ of W"JSCODSin

SOIL BORING LOG INFORMATION

Department of Natural Resources
Route To:

Fonn4400-l22

Rev. 7-98

Watershed/Wastewater D Waste Management 0
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y Chapters 281,283,289,291,292,293,295, and 299, Wis. Stats. Completion ofthis form is mandatory. Failure to file
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forfeiture of between $10 and $25,000, or imprisonment for up to one year, depending on the program and conduct involved.
Personally identifiable information on this form is not intended to be used for any other purpose. NOTE: See instructions for more information,
including where the completed form should be sent.

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Fonn 4--100-122

Department of Natural Resources

0 Solid Waste
0 Haz. Waste
Open Meeting Packet
0 Emerge~cy Response 0 Underground Tanks
0 Wastewater

Page 170 of 369

Rev. 5-92

0 Water Resources
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Open Meeting Packet

State of Wisconsin
Department of Natural Resources
Boring Number-------

Page 172 of 369

SOIL BORL'iG LOG L~ORMATION SUPPLEMENT

Form 4400-l22A
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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A4d6b8ad64fc27056. Public record. Not legal advice.
