Phone: (920)869-2214

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 12-09-20-A

Industrial Hemp Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

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

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Agricultural Improvement Act of 2018, otherwise known as the 2018 Farm Bill, removed

hemp from the controlled substances list, permitting hemp to be produced for reasons other

than research and education as was previously restricted under the 2014 Farm Bill; and

WHEREAS,

the 2018 Farm Bill further granted tribes and states regulatory authority over the production

of hemp within their jurisdictions; provided, the tribes and states that intend to exercise

such authority submit a regulatory plan to the United States Department of Agriculture

(“USDA”) for approval prior to implementation; and

WHEREAS,

the purpose of the Industrial Hemp law (“Law”) is to authorize hemp production within the

boundaries of the Oneida Reservation; grant the Nation primary regulatory authority over

the production of hemp under its jurisdiction; assert the Nation’s inherent sovereign

authority by creating a hemp production plan that regulates hemp as an agricultural

commodity consistent with the Nation’s laws; and promote the Nation’s hemp industry to

the greatest extent permitted by the 2018 Farm Bill and USDA regulations promulgated in

accordance therewith; and

WHEREAS,

the Law requires any persons, defined to include businesses and other entities, under the

jurisdiction of the Nation, who want to produce hemp, to obtain, as well as maintain, a valid

license through the Environmental, Health, Safety, Land & Agricultural Division (“Division”);

and

WHEREAS,

the Law provides the process and eligibility requirements for persons to obtain and

maintain the requisite license to participate in hemp production per the Nation’s regulatory

plan; and

WHEREAS,

the Law defines what constitutes an “acceptable hemp THC level” for purposes of

producing hemp plants in compliance with the Law and provides the requisite sampling/

testing methods by which to accurately determine whether a hemp plant exceeds the

acceptable hemp THC level; and

WHEREAS,

the Law mandates disposal and destruction of any hemp crop that exceeds the acceptable

hemp THC level and provides the requisite process for its disposal/destruction; and

BC Resolution # 12-09-20-A

Industrial Hemp Law

Page 2 of 4

WHEREAS,

the Law sets forth certain reporting and record-keeping requirements on the part of the

licensee and the Division that will allow the Nation to track hemp production within the

Reservation and ensure compliance with the Law; and

WHEREAS,

the Law provides enforcement mechanisms for the Division to detect and respond to

instances of non-compliance with the Law that include due process protections for the

licensee; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on the proposed Law was not held in accordance with the Legislative

Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19, declaring a Public Health State of Emergency for the

Nation until April 12, 2020, the declaration of which was subsequently extended until

December 13, 2020, through resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,

BC-07-08-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which prohibits all public gatherings of any number of people and

orders all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home”

declaration on April 21, 2020, with the issuance of an “Updated Safer at Home” declaration;

on May 19, 2020, with a “Safer at Home Declaration, Amendment, Open for Business”

declaration; and on June 10, 2020, with the issuance of a “Stay Safer at Home” declaration;

and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act’s requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period; and

WHEREAS,

although a public meeting was not held for the proposed legislation, the public comment

period for the Law was held open until July 9, 2020 for the submission of written comments;

and

WHEREAS,

the Legislative Operating Committee received five (5) submissions of written comments,

for a total of twenty-five (25) comments, during the public comment period; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments and

any changes made based on those comments have been incorporated into the proposed

Law; and

BC Resolution # 12-09-20-A

Industrial Hemp Law

Page 3 of 4

WHEREAS,

if adopted, this Law will act as the Nation’s regulatory plan to be submitted to the USDA for

approval in accordance with the requirements of the 2018 Farm Bill and USDA regulations

promulgated in accordance therewith; and

WHEREAS,

upon receipt of the Nation’s plan, the USDA will have sixty (60) days to approve or reject

it, with an opportunity for amendment and resubmission in the event of a rejection; and

WHEREAS,

once approved by the USDA, the Nation will be required to assume the administration and

regulation of hemp production that occurs within its jurisdiction in accordance with the Law;

and

WHEREAS,

contingent on USDA approval, is that the Nation submit a certification along with the Law

(i.e. the regulatory plan) which states that, upon said approval, the Nation will have the

resources and personnel necessary to begin carrying out the practices and procedures set

forth therein; and

WHEREAS,

in response to the COVID-19 pandemic and the Nation’s Public Health State of Emergency

declaration, the Oneida Business Committee adopted resolution BC-04-08-20-C titled,

“Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020”; and

WHEREAS,

resolution BC-04-08-20-C adopted Tier V budget reductions from the Budget Contingency

Plan that was put in place pursuant to the Nation’s Budget Management and Control law

which included five percent (5%) mandatory budget cuts across the Nation, reduction of all

funding to go to essential services only, and layoffs/furloughs; and

WHEREAS,

at least half of the Nation’s workforce has been placed on furlough or laid off due to the

COVID-19 pandemic and Public Health State of Emergency declaration; and

WHEREAS,

the Nation’s Chief Financial Officer has identified that complete financial recovery from the

impacts of COVID-19 may take as long as two (2) to three (3) years and operations,

including services and employment levels, may not return to pre-pandemic levels; and

WHEREAS,

due to the uncertain nature of the COVID-19 pandemic, including its financial constraints

on the Nation and the potential effect on the Division’s staffing levels to last beyond the

Public Health State of Emergency, the Division has expressed a concern over its current

capacity to implement and administer the Law once approved by the USDA; and

WHEREAS,

the Oneida Business Committee wants to ensure that the Nation; specifically, the Division,

is ready to implement and administer the Nation’s Industrial Hemp law as indicated in the

requisite certification as soon as it receives approval from the USDA; and

WHEREAS,

to ensure readiness, the Oneida Business Committee intends to refrain from sending the

Law and accompanying certification to the USDA for approval as the Nation’s regulatory

plan until the thresholds set forth below have been met by the Division.

NOW THEREFORE BE IT RESOLVED, that the Industrial Hemp law is hereby adopted and shall become

effective within ten (10) business days of receiving approval from the USDA.

BC Resolution # 12-09-20-A

Industrial Hemp Law

Page 4 of 4

BE IT FURTHER RESOLVED, that the Industrial Hemp law will not be sent to the USDA for approval as

the Nation’s regulatory plan until the following thresholds have been satisfied by the Division:

1. the Division has created all standard operating procedures required under the Law;

2. the Division has presented any resolution(s) required under the Law to the Oneida

Business Committee for approval; and

3. the Division Director provides written confirmation to the Oneida Business Committee

that the Division has sufficient resources and staff to begin the implementation and

administration of the Nation’s industrial hemp plan in accordance with the Law.

BE IT FINALLY RESOLVED, that, contingent upon satisfaction of these thresholds, the Oneida Business

Committee hereby certifies that, upon approval by the USDA, the Nation will have the resources and

personnel necessary to carry out the practices and procedures set forth in the Law, consistent with the

2018 Farm Bill and USDA regulations promulgated in accordance therewith.

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; 9 members

were present at a meeting duly called, noticed and held on the 9th day of December, 2020; that the forgoing

resolution was duly adopted at such meeting by a vote of 8 members for, 0 members against, and 0

members not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

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