# THIS AGREEMENT, by and between the ONEIDA NATION (the “Nation”’), a (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A53daeae4f1df84c1 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text SERVICE AGREEMENT BETWEEN ONEIDA NATION AND BROWN COUNTY THIS AGREEMENT, by and between the ONEIDA NATION (the “Nation”’), a federally recognized and treaty Tribe, and Brown County (the “County”’), a county government organized under the laws of the State of Wisconsin (collectively, the “parties”), WITNESSETH: WHEREAS, the Nation and the County have been good neighbors and desire the spirit of cooperation between the two governments to continue; and WHEREAS, the Oneida Reservation was established pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566; and WHEREAS, the boundaries of the Oneida Reservation and the boundaries of the County overlap, and portions of the County are within the Oneida Reservation; and WHEREAS, the Nation owns fee title to certain parcels of land within the County, and the Nation may apply to have such parcels taken into trust by the United States; and WHEREAS, the United States holds title to certain parcels of land within the County in trust for the benefit of the Nation (“Tribal Trust Lands”); and WHEREAS, the Nation and the County provide services which benefit properties within the Oneida Reservation and the County; and WHEREAS, the County derives revenue from the taxation of real property, among other things; and WHEREAS, Tribal Trust Lands are exempt from state taxation due to the Nation’s status as a sovereign; and WHEREAS, the Nation and the County enjoy a relationship of mutual trust and respect; and WHEREAS, both the Nation and the County exercise jurisdiction and provide governmental services within their respective territories, and both recognize the importance of collaborative efforts to mitigate costs associated with providing governmental services; and Page 1 of 8 WHEREAS, the Nation is willing to pay for services provided by the County which benefit Tribal Trust Lands and the County is willing to recognize the value of services provided by the Nation by applying credits against the Nation’s payment for services; and WHEREAS, it is mutually beneficial to both governments to put their understandings in writing; The Nation and the County hereby agree to the following terms and conditions: 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the following meanings: a. “Class III Gaming” has the meaning ascribed to it in the Indian Gaming Regulatory Act, 25 U.S.C. § 2703(8). “Gaming Compact” means an agreement entered into between the Nation and the State of Wisconsin pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq., for the conduct of Class IJ] Gaming on the Nation’s Indian lands within the State of Wisconsin. “Governmental Purpose” means the use of land by Tribal programs, departments, or agencies in furtherance of Tribal governmental services or responsibilities, or the dedication of land for the promotion of the general health and welfare. Governmental Purposes include, but are not limited to, use of land for law enforcement facilities, social service facilities, health care facilities, governmental offices, parks and trails, and subsidized low-income housing. Governmental Purposes do not include the use of land for gaming facilities or other commercial activities which are intended to generate revenue. “Oneida Reservation” or “Reservation” means the land set aside for the use and occupancy of the Nation and its members pursuant to the 1838 Treaty with the Oneida, 7 Stat. 566, encompassing approximately 65,400 acres. “Tribal Fee Land” means land to which the Nation holds title in fee simple. “Tribal Trust Land” means land to which the United States holds title for the benefit of the Nation pursuant to federal law. “Tribal Land’ means Tribal Fee Land and Tribal Trust Land. “Tribal Member” means an individual enrolled as a member of the Oneida Nation. 2s TERM. The term of this Agreement shall be fifteen (15) years, commencing on November 1, 2023, and ending on October 31, 2038, unless earlier terminated pursuant to sections 11 or 12 below. Page 2 of 8 HEALTH AND SAFETY REGULATIONS. a. The Nation has adopted laws addressing zoning, building, nuisance, health and land use (“Health and Safety Regulations”) which are applicable to the Nation and Tribal Members on the Reservation, and to individuals and businesses leasing, occupying or otherwise using Tribal Land on the Reservation. b. The County and the Nation agree to work together to continue to improve the neighborhood services each government provides. The County and the Nation recognize that communication between the parties is the best way to achieve this goal. C. The County agrees to forward Health and Safety Regulation issues regarding the Nation, Tribal Members, and individuals and businesses leasing, occupying or otherwise using Tribal Land to the appropriate tribal staff. The Nation agrees to identify at all times at least one contact person for such issues. EMERGENCY SERVICES PLANNING. The parties shall designate representatives who shall meet at least once annually to review emergency responder coordination, public safety strategy, disaster mitigation and recovery, and other issues related to shortterm and long-range planning for emergency services. These representatives will submit an annual report to the Nation and the County detailing readiness, suggestions for improvement, and recommendations for allocation of funds associated with this Agreement. COMPENSATION. a. Net Cost of Governmental Services (CGS). The parties will calculate the net cost of governmental services by employing the following formula: The value of Tribal Trust Land (V) will be multiplied by the tax rate (TR), and the result of that multiplication will be divided by the total tax levy (TL) to arrive at a percentage which will be applied to each County budget line item (BL) for services benefitting Tribal Trust Land. Percentage credits (PC) will then be applied to offset the cost of governmental services provided by the Nation. The net cost of governmental services for each County budget line item may be expressed as follows: (V x TR) TL Safety Communications 7,169,280 6 940,240.39 61,123.46 61,123.46 ff - Patrol 15,851,339 15,608,089.49 137,462.15 50% 68,731.08 ff - Jail 17,231,438 16,580,901.59 146,029.81 146,029.81 Total Public Safety 45,678,491 44 493,764.28 391,861.45 323,130.38 | & Disability Resource Ctr. 838,106 838,106.00 7,381.29 50% 3,690.65 h 2,080,913 1,515,159.90 13,344.18 25% 10,008.14 an Services 20,125,000 20,523,873.50 180,756.00 50% 90,378.00 ‘ Hopp School 2,830,223 2,830,223.00 24,926.08 24,926.08 ans' Services 393,323 379,613.59 3,343.30 3,343.30 Total Health & Human Services 26,267,565 26,086,975.99 229,750.85 132,346.17 >ourse 0 0.00 0.00 0.00 a) 7,059,007 7,191,745.27 63,338.49 50% 31,669.25 ‘um 994,167 928 263.30 8,175.32 50% 4,087.66 ; 1,133,926 1,055,477.27 9,295.70 25% 6,971.78 ZOO 0 0.00 0.00 0.00 Total Ed, Culture & Recreation 9,187,100 9, 175,485.84 80,809.51 42,728.69 rt 0 0.00 0.00 0.00 Conservation 453,463 452,423.80 3,984.55 50% 1,992.28 ling & Land Services 1,046,611 734,508.60 6,468.90 6,468.90 % Solid Waste 0 0.00 0.00 0.00 > Works Facilities 2,/69,645 2,533,640.44 22,314.05 100% 0.00 > Works Highway Operations 182,825 182,825.00 1,610.16 1,610.16 ster of Deeds (845,184) (1,484,978.34) (13,078.37) (13,078.37) Extension 460,450 387,790.31 3,415.31 3,415.31 Total Planning & Development 4,067,810 2,806,209.81 24,714.60 408.28 1 of Supervisors 481,245 479,642.72 4,224.27 100% 0.00 Jtive 318,814 266,153.90 2,344.05 100% 0.00 Service 10,227,688 10,227 ,688.00 90,076.37 90,076.37 al Projects 1,448,645 1,448 645.00 12,758.38 12,758.38 ral Fund (8,391,441) (9,806,383.28) (86,365.89) 60% (34,546.36) Total Non-Divisonal 4,084,951 2,615, 746.34 23,037.18 68,288.39 Total Levy Need 92,393,848 91,743,545.59 807,995.46 [ $ 573,570.07 | ional needs (650,302.41) (5,727.28) Property Value 245,529,611 ty Equalized Value 2/,878,569,400 ATTACHMENT C List of Parties’ Designated Representatives for Notice Paragraph Oneida Nation Brown County 3 Director of Intergovernmental Affairs and Communication Norbert Hill Center Post Office Box 365 Oneida, WI 54155 920-869-4022 County Executive Northern Building 305 E. Walnut Street Green Bay, WI 54301 920-448-4001 4, Director of Emergency Management Directory of Emergency Management Norbert Hill Center Law Enforcement Center Post Office Box 365 300 E. Walnut Street Oneida, WI 54155 Green Bay, WI 54301 920-448-4270 5 Treasurer Director of Administration Norbert Hill Center Northern Building Post Office Box 365 305 E. Walnut Street Oneida, WI 54155 Green Bay, WI 54301 920-869-2214 920-448-4037 7 Director of Intergovernmental Affairs and | County Executive Communication Norbert Hill Center Post Office Box 365 Oneida, WI 54155 920-869-4022 General Manager Skenandoah Complex Post Office Box 365 Oneida, WI 54155 920-496-7000 Northern Building 305 E. Walnut Street Green Bay, WI 54301 920-448-4001 County Board Chair Northern Building 305 E. Walnut Street Green Bay, WI 54301 920-448-4015 Paragraph Oneida Nation Brown County 8 Director of Intergovernmental Affairs and | County Executive Communication Northern Building Norbert Hill Center 305 E. Walnut Street Post Office Box 365 Green Bay, WI 54301 Oneida, WI 54155 920-448-4001 920-869-4022 County Board Chair General Manager Northern Building Skenandoah Complex 305 E. Walnut Street Post Office Box 365 Green Bay, WI 54301 Oneida, WI 54155 920-448-4015 920-496-7000 9 Chairman County Executive Norbert Hill Center Northern Building Post Office Box 365 305 E. Walnut Street Oneida, WI 54155 Green Bay, WI 54301 920-869-2214 920-448-4001 Oneida Law Office Corporation Counsel Norbert Hill Center Northern Building Post Office Box 109 305 E. Walnut Street Oneida, WI 54155 Green Bay, WI 54301 920-869-4327 920-448-4006 11 Chairman County Executive Norbert Hill Center Northern Building Post Office Box 365 305 E. Walnut Street Oneida, WI 54155 920-869-2214 Oneida Law Office Norbert Hill Center Post Office Box 109 Oneida, WI 54155 920-869-4327 Green Bay, WI 54301 920-448-4001 Corporation Counsel Northern Building 305 E. Walnut Street Green Bay, WI 54301 920-448-4006 Paragraph Oneida Nation Brown County 12 Chairman Norbert Hill Center Post Office Box 365 Oneida, WI 54155 920-869-2214 Oneida Law Office Norbert Hill Center Post Office Box 109 Oneida, WI 54155 920-869-4327 County Executive Northern Building 305 E. Walnut Street Green Bay, WI 54301 920-448-4001 Corporation Counsel Northern Building 305 E. Walnut Street Green Bay, WI 54301 920-448-4006 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A53daeae4f1df84c1. Public record. Not legal advice.