# Oneida Business Committee (2023) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6064bbeb58704690 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 129 Oneida Business Committee Executive Session 8:30 AM Tuesday, March 21, 2023 Virtual Meeting – Microsoft Teams Regular Meeting 8:30 AM Wednesday, March 22, 2023 BC Conference Room, 2nd floor, Norbert Hill Center Agenda Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/. Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change. I. CALL TO ORDER II. OPENING III. ADOPT THE AGENDA IV. MINUTES A. V. Approve the March 8, 2023, regular Business Committee meeting minutes Sponsor: Lisa Liggins, Secretary RESOLUTIONS A. Adopt resolution entitled Bureau of Indian Affairs Grant Application Sponsor: Mark W. Powless, General Manager B. Adopt resolution entitled Nourishing Our Communities - The White Corn Project Grant Application Sponsor: Mark W. Powless, General Manager C. Adopt resolution entitled Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 1 of 7 March 22, 2023 Public Packet VI. VII. 2 of 129 APPOINTMENTS A. Determine next steps regarding two (2) vacancies - Oneida Community Library Board Sponsor: Lisa Liggins, Secretary B. Determine next steps regarding two (2) vacancies - Oneida Nation Arts Board Sponsor: Lisa Liggins, Secretary C. Determine next steps regarding two (2) vacancies - Oneida Police Commission Sponsor: Lisa Liggins, Secretary D. Determine next steps regarding four (4) vacancies - Oneida Youth Leadership Institute Board Sponsor: Lisa Liggins, Secretary STANDING COMMITTEES A. LEGISLATIVE OPERATING COMMITTEE 1. VIII. Accept the March 1, 2023, regular Legislative Operating Committee meeting minutes Sponsor: David P. Jordan, Councilman STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Adopt resolution entitled Consolidating All Remaining ARPA FRF TCS Allocations and Closing Portal Sponsor: Jo Anne House, Chief Counsel 2. Adopt resolution entitled Obligation for Air Drill Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 3. Adopt resolution entitled Obligation for CDC # 21-105 Orchard Retail Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 4. Adopt resolution entitled Obligation for Class 7 Tractor Buy Out Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 5. Adopt resolution entitled Obligation for Class 8 Tractor Buy Out Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager Oneida Business Committee Regular Meeting Agenda Page 2 of 7 March 22, 2023 Public Packet IX. X. 3 of 129 6. Adopt resolution entitled Obligation for Orchard Pruning Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 7. Adopt resolution entitled Obligation for Semi-Truck Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager 8. Adopt resolution entitled Obligation for Tsyunhehkwa Cattle Trailer Utilizing Tribal Contribution Savings Sponsor: Mark W. Powless, General Manager NEW BUSINESS A. Accept the Oneida Youth Leadership Institute start-up report Sponsor: Mark W. Powless, General Manager B. Review request for one (1) additional unbudgeted position for the Oneida Trust Enrollment Department Sponsor: Jennifer Hill-Kelley, Chair/OTEC GENERAL TRIBAL COUNCIL A. Schedule special General Tribal Council meeting(s) to address 28 petitions Sponsor: Lisa Liggins, Secretary B. Approve the notice and materials for the May 8, 2023, tentatively scheduled special General Tribal Council meeting Sponsor: Lisa Liggins, Secretary C. PETITIONER LINDA DALLAS 1. Accept the statement of effect status update re: Alcohol and Drug Addiction Treatment Assistance Sponsor: David P. Jordan, Councilman 2. Accept the legal review status update re: Alcohol and Drug Addiction Treatment Assistance Sponsor: Jo Anne House, Chief Counsel 3. Accept the fiscal impact statement status update re: Alcohol and Drug Addiction Treatment Assistance Sponsor: Keith Doxtator, Chief Financial Officer 4. Accept the statement of effect status update re: FY-2023 budget Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 3 of 7 March 22, 2023 Public Packet 4 of 129 D. 5. Accept the legal review status update re: FY-2023 budget Sponsor: Jo Anne House, Chief Counsel 6. Accept the fiscal impact statement status update re: FY-2023 budget Sponsor: Keith Doxtator, Chief Financial Officer 7. Accept the statement of effect status update re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business Sponsor: David P. Jordan, Councilman 8. Accept the legal review status update re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business Sponsor: Jo Anne House, Chief Counsel 9. Accept the fiscal impact statement status update re: General Tribal Council directive for the Oneida Business Committee to stay out of day-to-day business Sponsor: Keith Doxtator, Chief Financial Officer PETITIONER LLOYD ZEISE 1. Accept the statement of effect Sponsor: David P. Jordan, Councilman 2. Accept the legal review status update Sponsor: Jo Anne House, Chief Counsel 3. Accept the fiscal impact statement status update Sponsor: Keith Doxtator, Chief Financial Officer E. Approve three (3) requested actions - Petitioner Linda Dallas re: Budgets for the Oneida Nation be brought before the General Tribal Council Sponsor: Lisa Liggins, Secretary F. Approve three (3) requested actions - Petitioner Linda Dallas re: Community Improvement Projects (CIP) and funding Sponsor: Lisa Liggins, Secretary G. Approve three (3) requested actions - Petitioner Linda Dallas re: Contract of Chief Counsel JoAnne House Sponsor: Lisa Liggins, Secretary H. Approve three (3) requested actions - Petitioner Linda Dallas re: Direct a certified Parliamentarian be appointed by General Tribal Council prior to each General Tribal Council meeting Sponsor: Lisa Liggins, Secretary I. Approve three (3) requested actions - Petitioner Linda Dallas re: Direct that the Oneida Nation organizational structure return to the previous state it was prior to March 2020 Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 4 of 7 March 22, 2023 Public Packet 5 of 129 J. Approve three (3) requested actions - Petitioner Linda Dallas re: Direct transportation be made available by the Oneida Nation to areas with large populations of Oneida Enrolled Members to and from General Tribal Council meetings Sponsor: Lisa Liggins, Secretary K. Approve three (3) requested actions - Petitioner Linda Dallas re: Directives for Oneida Nation Chief Counsel position Sponsor: Lisa Liggins, Secretary L. Approve three (3) requested actions - Petitioner Linda Dallas re: Disclosure of funds, expenditures, and organizational changes from March 2020-present Sponsor: Lisa Liggins, Secretary M. Approve three (3) requested actions - Petitioner Linda Dallas re: Disclosure of FY2020 budget Sponsor: Lisa Liggins, Secretary N. Approve three (3) requested actions - Petitioner Linda Dallas re: Disclosure of FY2021 budget Sponsor: Lisa Liggins, Secretary O. Approve three (3) requested actions - Petitioner Linda Dallas re: Disclosure of FY2022 budget Sponsor: Lisa Liggins, Secretary P. Approve three (3) requested actions - Petitioner Linda Dallas re: Disclosure of Oneida Nation travel expenditures from January 1, 2020 - present Sponsor: Lisa Liggins, Secretary Q. Approve three (3) requested actions - Petitioner Linda Dallas re: Disclosure of Oneida Nation travel expenditures to England for the October 9, 2022, Green Bay Packer game Sponsor: Lisa Liggins, Secretary R. Approve three (3) requested actions - Petitioner Linda Dallas re: Donations - internal and external Sponsor: Lisa Liggins, Secretary S. Approve three (3) requested actions - Petitioner Linda Dallas re: General Tribal Council directive regarding Advocacy Training Sponsor: Lisa Liggins, Secretary T. Approve three (3) requested actions - Petitioner Linda Dallas re: Implement payments of Medicare Plan B premium payments to all eligible Oneida Enrolled Members Sponsor: Lisa Liggins, Secretary U. Approve three (3) requested actions - Petitioner Linda Dallas re: Oneida Nation Disability Fund Sponsor: Lisa Liggins, Secretary Oneida Business Committee Regular Meeting Agenda Page 5 of 7 March 22, 2023 Public Packet XI. 6 of 129 V. Approve three (3) requested actions - Petitioner Linda Dallas re: Repeal and Replace Current Removal Law Sponsor: Lisa Liggins, Secretary W. Approve three (3) requested actions - Petitioner Linda Dallas re: Repeal GTC Resolution # 01-21-19-A Amending the 120-Day Petition Timeline Adopted by General Tribal Council Sponsor: Lisa Liggins, Secretary X. Approve three (3) requested actions - Petitioner Linda Dallas re: Repeal the Budget and Finances Law Sponsor: Lisa Liggins, Secretary Y. Approve three (3) requested actions - Petitioner Linda Dallas re: Review and discuss General Tribal Council's delegation of power and authority to all entities Sponsor: Lisa Liggins, Secretary Z. Approve three (3) requested actions - Petitioner Linda Dallas re: Term limits for 2023 Sponsor: Lisa Liggins, Secretary AA. Approve three (3) requested actions - Petitioner Linda Dallas re: Transitional Housing Sponsor: Lisa Liggins, Secretary AB. Approve three (3) requested actions - Petitioner Linda Dallas re: Void the November 15, 2022, virtual semi-annual General Tribal Council meeting Sponsor: Lisa Liggins, Secretary EXECUTIVE SESSION A. B. REPORTS 1. Accept the Chief Counsel report Sponsor: Jo Anne House, Chief Counsel 2. Accept the General Manager report (1:30 p.m.) Sponsor: Mark W. Powless, General Manager 3. Accept the Intergovernmental Affairs, Communications, and Self-Governance March 2023 report Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs 4. Accept the Treasurer's February 2023 report (11:00 a.m.) Sponsor: Keith Doxtator, Chief Financial Officer AUDIT COMMITTEE 1. Accept the January 19, 2023, regular Audit Committee meeting minutes Sponsor: David P. Jordan, Councilman Oneida Business Committee Regular Meeting Agenda Page 6 of 7 March 22, 2023 Public Packet 7 of 129 C. XII. NEW BUSINESS 1. Determine next steps regarding Proper Placement in Pay Grade Initiative for BC Direct Reports Sponsor: Lisa Liggins, Secretary 2. Review Gaming General Manager request for unbudgeted purchase (10:30 a.m.) Sponsor: Louise Cornelius, Gaming General Manager 3. Approve the attorney contract amendment #2 - Oneida Law Office - file # 2018-0235 Sponsor: Jo Anne House, Chief Counsel 4. Review applications for two (2) vacancies - Oneida Community Library Board Sponsor: Lisa Liggins, Secretary 5. Review applications for two (2) vacancies - Oneida Nation Arts Board Sponsor: Lisa Liggins, Secretary 6. Review applications for two (2) vacancies - Oneida Police Commission Sponsor: Lisa Liggins, Secretary 7. Review applications for four (4) vacancies - Oneida Youth Leadership Institute Board Sponsor: Lisa Liggins, Secretary ADJOURN Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and Open Meetings law (§ 107.14.) The meeting packet of the open session materials for this meeting is available by going to the Oneida Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/ For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or (800) 236-2214 Oneida Business Committee Regular Meeting Agenda Page 7 of 7 March 22, 2023 Public Packet 8 of 129 Approve the March 8, 2023, regular Business Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☐ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: CELLIS1 Public Packet 9 of 129 DRAFT Oneida Business Committee Regular Meeting 8:30 AM Wednesday, March 08, 2023 BC Conference Room, 2nd floor, Norbert Hill Center Minutes Present: Vice-Chairman Brandon Stevens, Secretary Lisa Liggins Council members: Marie Cornelius, Daniel Guzman King, Kirby Metoxen (via Microsoft Teams1), Jennifer Webster; Not Present: Chairman Tehassi Hill, Treasurer Tina Danforth, Councilman David P. Jordan; Arrived at: n/a Others present: Jo Anne House (via Microsoft Teams), Keith Doxtator, Mark W. Powless, Todd Vandenheuvel (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Lisa Summers (via Microsoft Teams), Clorissa Leeman, Justin Nishimoto (via Microsoft Teams), RaLinda Ninham-Lamberies (via Microsoft Teams), Tana Aguirre (via Microsoft Teams), James Bittorf (via Microsoft Teams), Bill Gollnick (via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Lori Hill (via Microsoft Teams), Lisa Rauschenbach (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams), Grace Elliott (via Microsoft Teams), Paul Witek (via Microsoft Teams), Michelle Tipple (via Microsoft Teams), Scott Denny (via Microsoft Teams), Gregory Matson (via Microsoft Teams), Ivory Kelly (via Microsoft Teams), Eric Boulanger, Joel Maxam, Brandon Vandehei, Andrew Leitzke, Laura Laitinen-Warren (via Microsoft Teams), Jameson Wilson (via Microsoft Teams), Patricia King (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis (via Microsoft Teams), Carol Silva (via Microsoft Teams), Arlinda Locklear (via Microsoft Teams), Scott Dacey (via Microsoft Teams), Kelli Lake (via Microsoft Teams), Mary Graves (via Microsoft Teams), Nancy Barton, Cathy L. Metoxen, Mike Debraska (via Microsoft Teams), Aliskwet Ellis; I. CALL TO ORDER Meeting called to order by Vice-Chairman Brandon Stevens at 8:31 a.m. For the record: Chairman Tehassi Hill is out on approved travel providing testimony for American Indian/Alaska Native programs in Washington, D.C. Councilman David P. Jordan is out on vacation. Treasurer Tina Danforth is out on leave. II. OPENING (00:00:37) Opening provided by Councilman Kirby Metoxen. 1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file sharing, and video meetings. Oneida Business Committee Regular Meeting Minutes Page 1 of 11 March 08, 2023 Public Packet 10 of 129 DRAFT III. ADOPT THE AGENDA (00:01:06) Motion by Marie Cornelius to adopt the agenda with two (2) noted changes [1) under section New Business, add item entitled Accept the report on Impacts of End of COVID-19 Public Health Emergency memorandum dated February 27, 2023, as information; and 2) delete item XII.C.3. Review West Mason Sportsbook staffing levels request and determine next steps], seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan IV. OATH OF OFFICE A. Oneida Police Department - Andrew Leitzke (00:02:37) Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission Oath of office administered by Secretary Lisa Liggins. Officer Andrew Leitzke was present. V. MINUTES A. Approve the February 22, 2023, regular Business Committee meeting minutes (00:04:36) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to approve the February 22, 2023, regular Business Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan B. Approve the February 27, 2023, special Business Committee meeting minutes (00:05:02) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to approve the February 27, 2023, special Business Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 2 of 11 March 08, 2023 Public Packet 11 of 129 DRAFT VI. RESOLUTIONS A. Adopt resolution entitled Extension of Declaration of Public Health State of Emergency Until May 11, 2023 (00:05:27) Sponsor: Kaylynn Gresham, Director/Emergency Management Motion by Jennifer Webster to adopt resolution entitled 03-08-23-A Extension of Declaration of Public Health State of Emergency Until May 11, 2023, as amended, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Amendment to the main motion by Lisa Liggins to made two (2) noted changes [1) delete lines 44-47; and 2) at line 44, add, “WHEREAS, the federal Public Health State of Emergency Declaration is set to expire May 11th, 2023, and the Oneida Business Committee recognizes the benefit of extending the Oneida Public Health State of Emergency to match that of the federal Public Health State of Emergency;”, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan B. Adopt resolution entitled Emergency Amendments to the Election Law for the 2023 General Election (00:14:47) Sponsor: David P. Jordan, Councilman Councilwoman Marie Cornelius left at 9:19 a.m. Motion by Lisa Liggins to adopt resolution entitled 03-08-23-B Emergency Amendments to the Election Law for the 2023 General Election with one (1) noted change [1) delete any reference to the removal of the petition process], seconded by Jennifer Webster. Motion carried: Ayes: Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Marie Cornelius, Tina Danforth, Tehassi Hill, David P. Jordan C. Adopt resolution entitled Amendments to the Emergency Management Law (00:48:25) Sponsor: David P. Jordan, Councilman Councilwoman Marie Cornelius returned at 9:22 a.m. Motion by Jennifer Webster to adopt resolution entitled 03-08-23-C Amendments to the Emergency Management Law with one (1) noted change [1) at line 71, add “WHEREAS, no oral or written comments were submitted during the public comment period; and”], seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 3 of 11 March 08, 2023 Public Packet 12 of 129 DRAFT D. Enter the e-poll results into the record regarding the adopted BC resolution 02-2323-A Oneida Nation Food Processing Technical Assistance Project Grant Application (00:52:34) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to enter the e-poll results into the record regarding the adopted BC resolution 02-23-23-A Oneida Nation Food Processing Technical Assistance Project Grant Application, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan For the record: Councilman Kirby Metoxen stated I just wanted to clarify Nancy’s statement, I wasn’t able to find where she was talking about 500,000. I didn’t see that. VII. STANDING COMMITTEES A. COMMUNITY DEVELOPMENT PLANNING COMMITTEE 1. Accept the January 5, 2023, regular Community Development Planning Committee meeting minutes (00:56:42) Sponsor: Brandon Stevens, Vice-Chairman Motion by Jennifer Webster to accept the January 5, 2023, regular Community Development Planning Committee meeting minutes, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan B. LEGISLATIVE OPERATING COMMITTEE 1. Accept the February 15, 2023, regular Legislative Operating Committee meeting minutes (00:57:06) Sponsor: David P. Jordan, Councilman Motion by Marie Cornelius to accept the February 15, 2023, regular Legislative Operating Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan C. QUALITY OF LIFE COMMITTEE 1. Accept the January 19, 2023, regular Quality of Life Committee meeting minutes (00:57:33) Sponsor: Marie Cornelius, Councilwoman Motion by Lisa Liggins to accept the January 19, 2023, regular Quality of Life Committee meeting minutes, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 4 of 11 March 08, 2023 Public Packet 13 of 129 DRAFT VIII. STANDING ITEMS A. ARPA FRF and Tribal Contribution Savings Submissions 1. Review Tribal Member request regarding GWA Food Card Payment for FY-2024 utilizing Tribal Contribution Savings (00:58:43) Sponsor: Nancy Barton, Tribal Member Councilman Daniel Guzman King left 9:50 a.m. Councilwoman Marie Cornelius left at 10:03 a.m. Councilwoman Marie Cornelius returned at 10:05 a.m. Councilman Daniel Guzman King returned at 10:06 a.m. Motion by Jennifer Webster to direct the Tribal Member request regarding GWA Food Payment for FY2024 utilizing Tribal Contribution Savings be considered with the other quarterly requests at the March 13, 2023, BC work session, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Kirby Metoxen, Jennifer Webster Opposed: Daniel Guzman King, Lisa Liggins Not Present: Tina Danforth, Tehassi Hill, David P. Jordan 2. Review Tribal Member request regarding the project status for the proposed general rental apartments (02:02:37) Sponsor: Mary Graves, Tribal Member Secretary Lisa Liggins left at 10:33 a.m. Secretary Lisa Liggins returned at 10:43 a.m. Councilwoman Jennifer Webster left 10:49 a.m. Councilwoman Jennifer Webster returned at 10:51 a.m. Motion by Lisa Liggins to accept the Tribal Member request regarding the project status for the proposed general rental apartments and to direct the General Manager to bring back a project status report to the April 6, 2023, Community Development Planning Committee meeting, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 5 of 11 March 08, 2023 Public Packet 14 of 129 DRAFT 3. Review Tribal Member request regarding the Student Relief Fund (02:25:30) Sponsor: Kelli Lake, Tribal Member Motion by Lisa Liggins to deny the Tribal Member request regarding the Student Relief Fund, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Motion by Lisa Liggins to forward discussion regarding funding sources for the students denied funding from the Student Relief Fund be forwarded to the April 18, 2023, BC work session, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan The Oneida Business Committee, by consensus, recessed at 11:28 a.m. to 11:35 a.m. Meeting called to order by Vice-Chairman Brandon Stevens at 11:37 a.m. Roll call for the record: Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Jennifer Webster; Not Present: Treasurer Tina Danforth; Chairman Tehassi Hill; Councilman David P. Jordan; IX. TRAVEL REQUESTS A. Approve the travel request - Chairman Tehassi Hill - Midwest Alliance of Sovereign Tribes (MAST) Impact Week of 2023 - Washington, D.C. - March 19-21, 2023 (02:57:48) Sponsor: Tehassi Hill, Chairman Motion by Lisa Liggins to approve the travel request for Chairman Tehassi Hill and up to two additional Business Committee members to attend the Midwest Alliance of Sovereign Tribes (MAST) Impact Week of 2023 in Washington, D.C. - March 19-21, 2023, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan For the record: Councilman Kirby Metoxen stated I just want to remind that I will be on vacation March 17-24. I leave on that Friday, and I will be gone the following week. I will be on vacation. Thank you. Oneida Business Committee Regular Meeting Minutes Page 6 of 11 March 08, 2023 Public Packet 15 of 129 DRAFT B. Approve the travel request - Secretary Lisa Liggins - Emerging Trends in Tribal Enrollment - Albuquerque, NM - April 24-27, 2023 (03:00:34) Sponsor: Lisa Liggins, Secretary Motion by Marie Cornelius to approve the travel request for Secretary Lisa Liggins and up to two additional Business Committee members to attend the Emerging Trends in Tribal Enrollment in Albuquerque, NM - April 24-27, 2023, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan C. Approve the travel request - Councilwoman Jennifer Webster - Progress Act Negotiated Rulemaking Committee - Washington, D.C. - March 26-31, 2023 (03:04:16) Sponsor: Jennifer Webster, Councilwoman Motion by Marie Cornelius to approve the travel request for Councilwoman Jennifer Webster to attend the Progress Act Negotiated Rulemaking Committee in Washington, D.C. - March 26-31, 2023, seconded by Lisa Liggins. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan X. NEW BUSINESS A. Accept the notice of the Rule of Play: Four Card Poker approved by the Oneida Gaming Commission on February 24, 2023 (03:05:28) Sponsor: Mark A. Powless, Chair/Oneida Gaming Commission Motion by Lisa Liggins to accept the notice of the Four Card Poker Rules of Play approved by the Oneida Gaming Commission on February 24, 2023, and direct notice to the Oneida Gaming Commission there are no requested revisions under Section 501.6-14(d), seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan B. Accept the report on Impacts of End of COVID-19 Public Health Emergency memorandum dated February 27, 2023, as information (03:07:31) Sponsor: Lisa Liggins, Secretary Motion by Lisa Liggins to accept the report on Impacts of End of COVID-19 Public Health Emergency memorandum dated February 27, 2023, as information, seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 7 of 11 March 08, 2023 Public Packet 16 of 129 DRAFT XI. GENERAL TRIBAL COUNCIL A. Approve two (2) actions regarding the 2023 reconvened annual General Tribal Council meeting (03:09:07) Sponsor: Lisa Liggins, Secretary Motion by Jennifer Webster to schedule the 2023 reconvened annual General Tribal Council meeting on April 10, 2023, at 6:00 p.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Motion by Jennifer Webster to approve the notice and mailer for the reconvened 2023 annual General Tribal Council meeting, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan The Oneida Business Committee, by consensus, recessed for lunch from 11:53 a.m. to 1:30 p.m. Meeting called to order by Vice-Chairman Brandon Stevens at 1:33 p.m. Roll call for the record: Present: Councilwoman Marie Cornelius; Councilman Daniel Guzman King; Secretary Lisa Liggins; Councilman Kirby Metoxen; Vice-Chairman Brandon Stevens; Councilwoman Jennifer Webster; Not Present: Treasurer Tina Danforth; Chairman Tehassi Hill; Councilman David P. Jordan; Oneida Business Committee Regular Meeting Minutes Page 8 of 11 March 08, 2023 Public Packet 17 of 129 DRAFT XII. EXECUTIVE SESSION (03:14:36) Motion by Lisa Liggins to go into executive session at 1:33 p.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Motion by Marie Cornelius to come out of executive session at 3:59 p.m., seconded by Jennifer Webster. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan A. REPORTS 1. Accept the Chief Counsel report (03:15:30) Sponsor: Jo Anne House, Chief Counsel Motion by Lisa Liggins to accept the Chief Counsel report; to authorize Chairman Tehassi Hill and Vice-Chairman Brandon Stevens as witnesses for deposition in the Oneida Nation versus the Oneida Indian Nation trademark dispute; to direct the Law Office to communicate with legal counsel for the Oneida Indian Nation regarding the possibility of settlement in the trademark dispute; and to approve a limited waiver of sovereign immunity in the Land Use License Template file # 2023-0183, for the Duck Creek Trail driveway access, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan 2. Accept the General Manager report (03:16:29) Sponsor: Mark W. Powless, General Manager Motion by Lisa Liggins to accept the General Manager report, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan B. AUDIT COMMITTEE 1. Accept the Blackjack Rules of Play compliance audit and lift the confidentiality requirement (03:16:47) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Blackjack Rules of Play compliance audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 9 of 11 March 08, 2023 Public Packet 18 of 129 DRAFT 2. Accept the Four Card Poker Rules of Play compliance audit and lift the confidentiality requirement (03:17:06) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Four Card Poker Rules of Play compliance audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan 3. Accept the Player Tracking compliance audit and lift the confidentiality requirement (03:17:23) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Player Tracking compliance audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan 4. Accept the Three Card Poker Rules of Play compliance audit and lift the confidentiality requirement (03:17:39) Sponsor: David P. Jordan, Councilman Motion by Lisa Liggins to accept the Three Card Poker Rules of Play compliance audit and lift the confidentiality requirement, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan C. NEW BUSINESS 1. Accept PACE LLP update (03:17:56) Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs Motion by Lisa Liggins to accept PACE LLP update and approve objective option #2 in the memorandum dated March 3, 2023, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Oneida Business Committee Regular Meeting Minutes Page 10 of 11 March 08, 2023 Public Packet 19 of 129 DRAFT 2. Approve sixty-three (63) new enrollments and one (1) relinquishment (03:18:16) Sponsor: Jennifer Hill-Kelley, Chair/Oneida Trust Enrollment Committee Motion by Lisa Liggins to approve sixty-three (63) new enrollments and one (1) relinquishment, seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan XIII. ADJOURN (03:18:34) Motion by Lisa Liggins to adjourn at 4:02 p.m., seconded by Marie Cornelius. Motion carried: Ayes: Marie Cornelius, Daniel Guzman King, Lisa Liggins, Kirby Metoxen, Jennifer Webster Not Present: Tina Danforth, Tehassi Hill, David P. Jordan Minutes prepared by Aliskwet Ellis, Senior Information Management Specialist. Minutes approved as presented on . Lisa Liggins, Secretary ONEIDA BUSINESS COMMITTEE Oneida Business Committee Regular Meeting Minutes Page 11 of 11 March 08, 2023 Public Packet 20 of 129 Adopt resolution entitled Bureau of Indian Affairs Grant Application Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. Session: ‫ ܈‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ‫ ܆‬Accept as information; OR Approval of a resolution to support and submit $25K Grant Assistance Grant application. 4. Areas potentially impacted or affected by this request: ‫ ܈‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: Describe ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܆‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 21 of 129 6. Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: Describe ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܆‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܆‬Report ‫ ܈‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents 7. Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܆‬Unbudgeted ‫ ܆‬Other: Describe 8. Submission: ‫ ܆‬Budgeted – Grant Funded ‫ ܈‬Not Applicable signed by Mark W. Powless Mark W. Powless Digitally Date: 2023.03.13 09:52:19 -05'00' Authorized Sponsor: Tina Jorgensen, Govermental Services Director Primary Requestor: Delia Smith, Economic Support Director Revised: 11/15/2021 Page 2 of 2 Public Packet 22 of 129 MEMORANDUM: To: Oneida Business Committee From: Delia Smith, Community Resource and Economic Support Director Date: March 10, 2023 Subject: Oneida Economic Support -BIA 477 Resolution Economic Support is submitting an application to the Bureau of Indian Affairs for 477. The area is requesting a Tribal Resolution to submit with the BIA 477 startup funding application. The BIA funding of $25,000 would allow for adequate financial support for additional training, preparation, and contracting costs needed to complete the application process. Applying for the funds does not obligate the Nation to a commitment to the 477 design or implementation. If awarded the funds we plan to use the financial support for• • • • Training related costs Travel to tour other successful tribal 477 program Potential contracted services if there is a need. Pay for administrative time developing the plan Public Packet 23 of 129 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Oneida, WI 54155 BC Resolution # Leave this line blank Bureau of Indian Affairs Grant Application WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation has determined that the overall goal is to protect, maintain and improve the standard of living and the environment in which the Oneida people live; and WHEREAS, the Oneida Economic Support Department was established and whose mission is …. “with respect and encouragement, we provide essential services and resources focusing on selfsufficiency”; and WHEREAS, the Economic Support Department provides services such as Temporary Assistance to Needy Families (TANF), Child Care, General Assistance (GA), Income Maintenance, Native Employment Works (NEW), Community Support Fund, Emergency Food and Shelter Community Services, WI Home Energy Assistance, and Job Center WIOA; and WHEREAS, the Economic Support Department will apply for start-up funds to assist with writing a new 477 program plan. This would be beneficial as it would allow the Economic Support Department the ability to combine six current programs into one business unit thus following one program plan; and NOW THEREFORE BE IT RESOLVED, the Oneida Nation authorizes and supports the submission of a grant application to the U.S. Department of Interior/Bureau of Indian Affairs – Office of Indian Services, Division of Workforce Development in the amount of $25,000. Public Packet 24 of 129 Adopt resolution entitled Nourishing Our Communities - The White Corn Project Grant Application Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Resolution request 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Cannery ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Mark W. Powless, General Manager Vanessa Miller, Agriculture Area Manager Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 25 of 129 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☒ Other: Memo ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☒ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: Mark W. Powless, General Manager Primary Requestor: Vanessa Miller, Agriculture Area Manager Revised: 11/15/2021 Page 2 of 2 Public Packet 26 of 129 Date: March 15, 2023 To: BC Agenda Request From: Donald Miller, Grants Office Re: Resolution ‐ “Nourishing Our Communities‐The White Corn Project ” ______________________________________________________________________________ Good day, The purpose of this project is to increase the amount of white corn being grown and consumed by the Oneida community. The project would increase the amount of white corn being grown by buying a significant amount of corn from area producers. It would then process that corn into various value‐added products. To increase consumption and to spur local demand for white corn the products created from the corn purchased with this grant would be distributed free of charge to tribal members and programs. This is a 3‐year grant request for $377,194 that requires a 20% in kind match that would be $31,432.83 annually. Thank you If there are further questions, please contact: Don Miller 920‐496‐7329 Dmiller1@oneidanation.org Public Packet GRANT PROPOSAL AUTHORIZATION FORM 27 of 129 ONEIDA GRANTS OFFICE PH: (920) 496-7330 FAX: (920) 496-7494 Form instructions: Fill in all information requested. To enter data in the grey areas; a drop down called box will appear. -dow up arrow move it to the top and click on ok A box will PROGRAM INFORMATION Department: Cannery Division/Non-Division: Env/Hlth/Saf/Land & Ag Program: White Corn Production Program Accountant: Cindy Seelye Person Responsible for proposal development: Vanessa Miller Phone: (920) 869-4553 Person Responsible for grant administration: Nicole Rommel Phone: (920) 869-4590 Project Title: Sustaining the Oneida Community The White Corn Project GRANT INFORMATION Name of Funding Source: Administration for Native Americans Title of Grant: Social and Economic Development Strategies Application Deadline: March 31, 2023 Type (pick one): Federal CFDA No: 93.612 Maximum Grant Amount: $400,000.00 Project Period (dates): 9/30/23 9/29/26 Budget Period (dates): 9/30/23 9/29/24 9/30/24 9/29/25 9/30/25 9/29/26 Maximum Match Requested (% or $): 20% Type of Project (pick one): New Match Type (pick one): In-Kind Is a Tribal resolution required? If yes, please notify Grants Office immediately. 1 No Public Packet 28 of 129 Will this grant create a: New position No Committee No Commission No Board No If Yes to new position has HRD been informed? No If Yes to any of above, has MIS been informed for computer needs? No If Yes to any of above, has Facilities Management been informed for space needs? No Will this grant fund an existing position? No Name of Position(s): If YES, attach draft job description for all grant funded positions. PLEASE NOTE: Position/employee will be phased out when grant funding ends. Project Proposal Summary (must answer all these questions) : The purpose, benefit(s), where is the match coming from, are there any other programs collaborating, travel justification, position justification, or pertinent information: The purpose of this grant is to expand the capability of the Tribal community to produce, process and sell traditional white corn and white corn products. The grant will require the Oneida cannery to process white corn for distribution and consumption. The grant will support the Tribes efforts to establish food sovereignty. The grant will require a match that will be met with in-kind services and will not affect Tribal contribution. List any capital expenditures (cap ex), technology expenses & CIP purchases (NOTE: Must follow the appropriate Cap ex, CIP or Technology SOP for each purchase request.): NONE No NA Vendors: Verified that Vendors contracted with are NOT suspended/debarred: Yes Reporting: Quarterly Semi-Annually X Yearly Narrative Financial SIGNATURES Your signature authorizes the person responsible for proposal development to work with the Grants Office when applying for funding and acknowledges your responsibility to successfully administer all requirements of this grant throughout the project period and budget period. 1. Supervisor Signature Date SIGNATURE VERIFIES & APPROVES ANY MATCH 2. Division/Non-Division Director Signature Date SIGNATURE APPROVES GRANT PROJECT & ANY MATCH 3. Grants Office Signature Date FINAL SIGNATURE PRIOR TO OBTAINING OBC SIGNATURES Revised: 4/22/2021 GO-001 2 Public Packet 29 of 129 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Oneida, WI 54155 BC Resolution # Leave this line blank Nourishing Our Communities - The White Corn Project WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation is committed to the establishment of Tribal Sovereign immunity related to control of the Nation’s food systems; and WHEREAS, the Oneida Nation is likewise committed to supporting the ability of Oneida and other traditional agricultural producers to establish their economic independence and success; and WHEREAS, the growth and consumption of traditional foods, such as Oneida White corn, is both spiritually and physical nourishing to the community; and WHEREAS, Oneida Community Integrated Food Systems (OCIFS) has been tasked by the Oneida Nation to promote nutrition and food-based education and to provide nutritious food to the community through its various programs; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee on behalf of the Oneida Nation supports and authorizes Oneida Community Integrated Food Systems department to apply for the 2023 Administration for Native Americans, Social and Economic Development Strategies grant in the amount of $377,194 to support the above-named project. BE IT FINALLY RESOLVED, that the Oneida Business Committee consents to the 20% in-kind match required by this grant in the amount of $94,298.50 to be paid as $31,432.83 in-kind annually for 3 years. PLEASE NOTE: 1. DO NOT include the Certification. The Certification includes the voting record and Secretary signature line and will be added after the adoption of the resolution. 2. If resolution runs to 2 or more pages, make sure to update the header with the TITLE Public Packet 30 of 129 Adopt resolution entitled Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt the resolution entitled, Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Committee 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 31 of 129 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☒ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☒ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: David P. Jordan, Councilman Primary Requestor: Clorissa N. Leeman, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 32 of 129 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov TO: FROM: DATE: RE: Oneida Business Committee David P. Jordan, LOC Chairperson March 22, 2023 Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law Please find the following attached backup documentation for your consideration of the extension of the emergency adoption of the Oneida Life Insurance Plan law: 1. Resolution: Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law 2. Statement of Effect: Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law 3. Oneida Life Insurance Plan Law Overview The Oneida Life Insurance Plan law (the “Law”) was adopted by the Oneida Business Committee on an emergency basis on September 28, 2022, through the adoption of resolution BC-09-28-22C. This Law establishes the Oneida Life Insurance Plan as an approved program of the Nation to provide a death benefit through the Oneida Life Insurance Plan for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law:  Establishes the Oneida Life Insurance Plan as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1];  Provides how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2];  Provides that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. [10 O.C. 1004.5-1];  Requires that a member of the Nation complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2];  Provides that funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)];  Allows for a one hundred eighty (180) day grace period after the effective date of this law, where section 1004.5-2 shall not be enforced to permit members of the Nation to complete and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)]; Page 1 of 3 Public Packet       33 of 129 Requires that the Oneida Trust Enrollment Department be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.5-3]; Provides that the Trust Enrollment Department is the department that has the responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.54]; Provides rules related to the determination of death and status. [10 O.C. 1004.6-1]; Prohibits a designated beneficiary who criminally and intentionally causes the death of the decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2]; Provides how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.63]; Provide that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. [10 O.C. 1004.7-1]. The emergency adoption of this Law will expire on March 28, 2023. The Legislative Operating Committee is now seeking an extension of the emergency adoption of this Law. The Oneida Business Committee is delegated the authority to temporarily enact emergency legislation when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the adoption of the legislation is required sooner than would be possible under the Legislative Procedures Act. [1 O.C. 109.9-5]. A fiscal impact statement and public meeting are not required for emergency legislation. [1 O.C. 109.95(a)]. The emergency adoption of this Law was necessary, and continues to be necessary, for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law ensured that the Oneida Trust Enrollment Department can commence the in-house management and oversight of the Oneida Life Insurance Plan immediately after the Epic contract terminated on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in the Oneida Life Insurance Plan and the beneficiaries that will emerge in the next fiscal year and beyond. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this Law was, and continues to be, contrary to public interest. The Epic contract for the management of OLIPP terminated on September 30, 2022, and the process and requirements of the Legislative Procedures Act could not be completed in time to ensure that the Law can be adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date. The Legislative Procedures Act allows the Oneida Business Committee to extend emergency amendments for a six (6) month time period. [1 O.C. 109.9-5(b)]. A six (6) month extension of the emergency amendments to the Law is being requested to provide additional time for the Legislative Operating Committee to finalize the development of the Law to be presented to the Oneida Business Committee for permanent adoption. Page 2 of 3 Public Packet 34 of 129 The extension of the emergency amendments to the Law will become effective on March 28, 2023, when the Law as adopted through BC-09-28-22-C expires and will remain in effect for an additional six (6) month term which will end on September 28, 2023. Requested Action Approve the Resolution: Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law Page 3 of 3 Public Packet Oneida Nation 35 of 129 Post Office Box 365 Phone: (920)869-2214 Oneida, WI 54155 BC Resolution # Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Life Insurance Plan law (“the Law”) was adopted by the Oneida Business Committee on an emergency basis on September 28, 2022, through the adoption of resolution BC-09-28-22-C; and WHEREAS, the Law establishes the Oneida Life Insurance Plan (OLIPP) as an approved program of the Nation to govern how the Nation provides fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary; and WHEREAS, the Legislative Procedures Act authorizes the Oneida Business Committee to enact legislation on an emergency basis when legislation is necessary for the immediate preservation of the public health, safety, or general welfare of the Reservation population, and the adoption of the legislation is required sooner than would be possible under the Legislative Procedures Act; and WHEREAS, the emergency adoption of this Law was, and continues to be, necessary for the preservation of the general welfare of the Reservation population, as the Law shall ensures that the Oneida Trust Enrollment Department can continue the in-house management and oversight of the Oneida Life Insurance Plan now that the Epic contract terminated on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in the Oneida Life Insurance Plan and the beneficiaries that will emerge in the next fiscal year and beyond; and WHEREAS, observance of the requirements under the Legislative Procedures Act for adoption of this Law was, and continues to be, contrary to public interest since the Epic contract for the management of OLIPP terminated on September 30, 2022, and the process and requirements of the Legislative Procedures Act cannot be completed in time to ensure that the Law can be adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date.; and WHEREAS, emergency adoption of legislation is effective for a period of six (6) months, renewable by the Oneida Business Committee for an additional six (6) month term; and WHEREAS, the emergency adoption of this Law will expire on March 28, 2023; and Public Packet 45 46 47 48 49 50 51 52 WHEREAS, 36 of 129 BC Resolution _____________ Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law Page 2 of 2 a six (6) month extension of the emergency adoption of this Law is being requested to allow for the Law to remain in effect while the Legislative Operating Committee finalizes the development of the Law to be presented to the Oneida Business Committee for permanent adoption; and NOW THEREFORE BE IT RESOLVED, that the emergency adoption of the Oneida Life Insurance Plan law is hereby extended for an additional six (6) month period effective March 28, 2023, and shall expire on September 28, 2023. Public Packet 37 of 129 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Extension of the Emergency Adoption of the Oneida Life Insurance Plan Law Summary This resolution extends the emergency adoption of the Oneida Life Insurance Plan law for an additional six (6) month period. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: March 10, 2023 Analysis by the Legislative Reference Office This resolution extends the emergency adoption of the Oneida Life Insurance Plan law (“the Law”) for an additional six (6) month period. On September 28, 2022, the Oneida Business Committee adopted the Law on an emergency basis, through the adoption of resolution BC-09-28-22-C, for the purpose of establishing the Oneida Life Insurance Plan (OLIP) which provides a death benefit of fifteen thousand dollars ($15,000) to all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. [10 O.C. 1004.1-1]. The Law:  Establishes the Oneida Life Insurance Plan as an approved program of the Nation in accordance with the Oneida General Welfare law. [10 O.C. 1004.4-1];  Provides how this program qualifies for general welfare exclusion. [10 O.C. 1004.4-2];  Provides that all members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. [10 O.C. 1004.5-1];  Requires that a member of the Nation complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. [10 O.C. 1004.5-2];  Provides that funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated – but the Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. [10 O.C. 1004.5-2(b), 1004.5-2(e)];  Allows for a one hundred eighty (180) day grace period after the effective date of this law, where section 1004.5-2 shall not be enforced to permit members of the Nation to complete and submit the required beneficiary forms. [10 O.C. 1004.5-2(c)];  Requires that the Oneida Trust Enrollment Department be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. [10 O.C. 1004.5-3];  Provides that the Trust Enrollment Department is the department that has the responsibilities to oversee and administer the Oneida Life Insurance Plan. [10 O.C. 1004.54]; Page 1 of 2 Public Packet     38 of 129 Provides rules related to the determination of death and status. [10 O.C. 1004.6-1]; Prohibits a designated beneficiary who criminally and intentionally causes the death of the decedent from being entitled to any benefits passing under this law. [10 O.C. 1004.6-2]; Provides how the Oneida Life Insurance Plan benefits shall be distributed. [10 O.C. 1004.63]; Provides that the Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. [10 O.C. 1004.7-1]. The Legislative Procedures Act (“the LPA”) was adopted by the General Tribal Council for the purpose of providing a process for the adoption or amendment of laws of the Nation. [1 O.C. 109.1-1]. The LPA allows the Oneida Business Committee to take emergency action where it is necessary for the immediate preservation of the public health, safety, or general welfare of the reservation population and when enactment or amendment of legislation is required sooner than would be possible under the LPA. [1 O.C. 109.9-5]. A public meeting and fiscal impact statement are not required for emergency legislation. [1 O.C. 109.8-1(b),109.9-5(a)]. Emergency legislation takes effect immediately upon adoption by the Oneida Business Committee and remains effective for a six (6) month period of time. [1 O.C. 109.9-5(b)]. The LPA provides the possibility to extend emergency legislation for an additional six (6) months, or until the emergency amendments expire or are permanently adopted. [1 O.C. 109.9-5(b)]. The resolution provides that the emergency adoption of this Law was, and continues to be, necessary for the preservation of the general welfare of the Reservation population. The emergency adoption of this Law ensures that the Oneida Trust Enrollment Department can continue the inhouse management and oversight of the Oneida Life Insurance Plan since the Epic contract terminated on September 30, 2022, in order to provide a smooth transition and uninterrupted service to the members of the Nation participating in the Oneida Life Insurance Plan and the beneficiaries that will emerge in the next fiscal year and beyond. Additionally, observance of the requirements under the Legislative Procedures Act for the adoption of this Law was, and continues to be, contrary to public interest. The Epic contract for the management of OLIPP terminated on September 30, 2022, and the process and requirements of the Legislative Procedures Act could not be completed in time to ensure that the Law can be adopted to address the management and oversight of the Oneida Life Insurance Plan by the Oneida Trust Enrollment Department prior to the termination date. The extension of the emergency adoption of the Law will become effective on March 28, 2023, when the emergency adoption of this Law as adopted through BC-09-28-22-C expires and will remain in effect for an additional six (6) month term which will end on September 28, 2023. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 2 of 2 Public Packet 39 of 129 Adopted on an Emergency Basis through BC-09-28-22-C OBC Consideration of Emergency Extension Title 10. General Welfare Exclusion - Chapter 1004 ONEIDA LIFE INSURANCE PLAN 1004.1. Purpose and Policy 1004.2. Adoption, Amendment, Repeal 1004.3. Definitions 1004.4. Establishment 1004.5. Qualifications, Designation of Beneficiary, and Notice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1004.6. Beneficiary Claim Process and Distribution 1004.7. Funding 1004.1. Purpose and Policy 1004.1-1. Purpose. The purpose of this law is to provide a death benefit through the Oneida Life Insurance Plan (OLIPP) for all eligible enrolled Oneida Nation members, pursuant to the Oneida General Welfare law. (a) The General Tribal Council, through resolution GTC-01-17-09-B, approved the concept of the Oneida Life Insurance Plan Plus to replace the Oneida Burial Fund. The General Tribal Council directed implementation of a benefit that pays fifteen thousand dollars ($15,000) to the designated beneficiary or beneficiaries of the deceased Oneida Nation member. The payment of death benefits through OLIPP to designated beneficiaries of a deceased Oneida Nation member is an exercise of self-governance crucial to the Oneida Nation’s sovereignty, and health and welfare of the community. 1004.1-2. Policy. It is the policy of the Nation to care for its members and their families even after their death. The Nation seeks to internalize the Oneida Life Insurance Plan process to ensure equitable and expedient distribution to designated beneficiaries. 1004.2. Adoption, Amendment, Repeal 1004.2-1. This law was adopted by the Oneida Business Committee on an emergency basis by resolution BC-09-28-22-C. 1004.2-2. This law may be amended or repealed by the Oneida Business Committee or the General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act. 1004.2-3. Should a provision of this law or the application thereof to any person or circumstances be held as invalid, such invalidity shall not affect other provisions of this law which are considered to have legal force without the invalid portions. 1004.2-4. In the event of a conflict between a provision of this law and a provision of another law, the provisions of this law shall control. 1004.2-5. This law is adopted under authority of the Constitution of the Oneida Nation. 1004.3. Definitions 1004.3-1. This section shall govern the definitions of words and phrases used within this law. All words not defined herein shall be used in their ordinary and everyday sense. (a) "Approved program" means any program(s) to provide general welfare assistance that is intended to qualify as a General Welfare Exclusion, administered under specific guidelines, and is adopted by the Oneida Business Committee through resolution or law of the Nation in accordance with the Oneida General Welfare law. (b) "Benefit" means the fifteen thousand dollars provided ($15,000) to pay for funeral expenses of an enrolled member of the Nation, with any residual amounts paid thereafter to the designated beneficiary. (c) “Decedent” means the deceased person. (d) “Designated Beneficiary” means any person(s) designated by the enrolled member of the Nation, through the approved beneficiary designation form, to receive all or a portion of the decedent’s Oneida Life Insurance Plan benefit. 10 O.C. 1004 – Page 1 Public Packet 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 40 of 129 (e) “Funeral Expenses” means the cost of the funeral of the decedent accrued and invoiced by the funeral home including, but not limited to, the following: (1) funeral planning; (2) securing the necessary permits and copies of death certificates; (3) preparing the notices; (4) sheltering the remains; (5) coordinating the arrangements with the cemetery, crematory or other third parties; (6) transporting the remains; (7) embalming and other preparation; (8) use of the funeral home for the viewing, ceremony or memorial service; (9) use of equipment and staff for a graveside service; (10) use of a hearse or limousine; (11) a casket, outer burial container or alternate container; and (12) cremation or interment. (f) “Nation” means the Oneida Nation. 1004.4. Establishment 1004.4-1. Establishment. The Oneida Life Insurance Plan is hereby established as an approved program of the Nation in accordance with the Oneida General Welfare law. The purpose of the Oneida Life Insurance Plan is to provide fifteen thousand dollars ($15,000) of financial assistance to eligible members of the Nation to pay for funeral expenses, with any residual benefit amounts paid thereafter to the designated beneficiary. 1004.4-2. General Welfare Exclusion. The Oneida Life Insurance Plan meets the requirements of the General Test as defined in the Oneida General Welfare law; General Criteria as defined in I.R.S. Rev. Proc. 2014-35. Section 5.01(1); and the requirements of the Tribal General Welfare Exclusion Act of 2014, 26 U.S.C. §139E(b). (a) The assistance provided through the Oneida Life Insurance Plan is: (1) paid on behalf of the Nation; (2) pursuant to an approved program of the Nation; (3) does not discriminate in favor of members of the governing body of the Nation; (4) available to any eligible member of the Nation who meets the guidelines of the approved program; (5) provided for the promotion of general welfare; (6) not lavish or extravagant; (7) not compensation for services; and (8) not a per capita payment. (b) . I.R.S. Rev. Proc. 2014-35, section 5.02(2)(e)(iv) lists funeral, burial, and expenses related to a death as Safe Harbor program for which need is presumed. 1004.5. Qualifications, Designation of Beneficiary, and Notice 1004.5-1. Eligibility. All members of the Nation shall qualify for benefits from the Oneida Life Insurance Plan to be used for funeral expenses first, with any residual benefits distributed to a designated beneficiary. (a) Newly enrolled members of the Nation shall be covered the date their enrollment application is approved by Oneida Trust Enrollment Committee and Oneida Business 10 O.C. 1004 – Page 2 Public Packet 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 41 of 129 Committee. (b) Members of the Nation that have relinquished their membership shall not be covered from the date their relinquishment request is approved by the Oneida Trust Enrollment Committee and Oneida Business Committee. 1004.5-2. Designation of Beneficiary. A member of the Nation shall complete the Oneida Trust Enrollment Committee approved beneficiary designation form and submit it to the Oneida Trust Enrollment Committee, either online or in person at the Oneida Trust Enrollment Office, prior to their death in order to secure benefits from the Oneida Life Insurance Plan for their beneficiary. (a) Any Oneida Life Insurance Plan beneficiary designation forms submitted prior to the effective date of this law shall remain valid. (b) Oneida Life Insurance Plan residual benefits shall not be paid or claimed if the decedent did not designate a living beneficiary though the beneficiary designation form. (c) This section shall not be enforced during the initial one hundred and eighty (180) days after the effective date of this law, thereby creating a one hundred eighty (180) day grace period to permit members of the Nation to complete and submit designated beneficiary forms. (d) A parent or legal guardian may complete and submit a beneficiary designation form on behalf of their minor child or ward. (e) Funeral expenses shall be paid directly to the funeral home upon submission of a valid invoice, up to the limit of the Oneida Life Insurance Plan benefits, even if a designated beneficiary has not been designated. 1004.5-3. Notice of Death. The Oneida Trust Enrollment Department shall be notified within one (1) year of the member of the Nation’s death in order to distribute the Oneida Life Insurance Plan benefits to the beneficiary. Oneida Life Insurance Plan claims made beyond the first anniversary of the decedent’s death shall not be processed for distribution. 1004.5-4. Oversight. The Trust Enrollment Department shall be delegated the oversight and management of the Oneida Life Insurance Plan. 1004.6. Beneficiary Claim Process and Distribution 1004.6-1. Evidence as to Passing or Status. In proceedings under this law, the following rules relating to determination of death and status are applicable: (a) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent; (b) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, of a decedent’s death; and (c) A person who is absent for a continuous period of seven (7) years, during which they have not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. Their death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. 1002.6-2. Effect of Homicide on Beneficiary Designation. A designated beneficiary who criminally and intentionally causes the death of the decedent shall not be entitled to any benefits passing under this law. 1002.6-3. Distribution. Oneida Life Insurance Plan benefits shall be distributed in the following order: 10 O.C. 1004 – Page 3 Public Packet 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 42 of 129 (a) Funeral expenses shall be paid to the funeral home pursuant to receipt of a valid invoice therefrom; (b) Residual benefits shall be paid to the designated beneficiary; (c) Residual benefits shall escheat to the Nation if the decedent did not designate a beneficiary for the Oneida Life Insurance Plan benefits in accordance with this law. 1004.7. Funding 1004.7-1. Funding Source. The Oneida Life Insurance Plan shall be contingent on funding through the Nation’s annual budget. End. Emergency Adopted – BC-09-28-22-C Emergency Extension – BC-__-__-__-__ 10 O.C. 1004 – Page 4 Public Packet 43 of 129 Determine next steps regarding two (2) vacancies - Oneida Community Library Board Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Shannon Davis, Recording Clerk Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: SDAVIS Public Packet 44 of 129 Oneida Nation Government Administrative Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: March 10, 2023 RE: Appointment(s) – Oneida Community Library Board Background Two (2) vacancies have been posted for the Oneida Community Library Board. The vacancies are for the terms ending March 31, 2024, and March 31, 2026. One (1) vacancy has been posted since October 26, 2021, and one (1) vacancy has been posted since January 30, 2023. The latest application deadline was March 3, 2023, and two (2) application(s) were received for the following applicant(s):   Kathleen Cornelius Bridget John Select action(s) provided below: 1) accept the selected the applicant(s) and appoint to a term ending March 31, 2024, and March 31, 2026, OR 2) reject the selected applicant(s) and oppose the vote**; OR 3) request the Secretary to re-notice the vacancy(ies) A good mind. A good heart. A strong fire. Public Packet 45 of 129 Determine next steps regarding two (2) vacancies - Oneida Nation Arts Board Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Shannon Davis, Recording Clerk Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: SDAVIS Public Packet 46 of 129 Oneida Nation Government Administrative Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: March 10, 2023 RE: Appointment(s) – Oneida Nation Arts Board Background Two (2) vacancies were posted for the Oneida Nation Arts Board. The vacancies are to complete terms ending March 31, 2026. The vacancy has been posted since January 30, 2023. The latest application deadline was March 3, 2023, and Three (3) application(s) were received for the following applicant(s):    Kent Hutchison Kelli Strickland Russell Metoxen Jr. Select action(s) provided below: 1) accept the selected the applicant(s) and appoint to a term ending March 31, 2026, OR 2) reject the selected applicant(s) and oppose the vote**, OR 3) request the Secretary to re-notice the vacancy(ies) A good mind. A good heart. A strong fire. Public Packet 47 of 129 Determine next steps regarding two (2) vacancies - Oneida Police Commission Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Shannon Davis, Recording Clerk Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: SDAVIS Public Packet 48 of 129 Oneida Nation Government Administrative Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: March 10, 2023 RE: Appointment(s) – Oneida Police Commission Background Two (2) vacancies have been posted for the Oneida Police Commission. The vacancies are for the term ending July 31, 2024, and July 31, 2025. The vacancies have been posted since June 1, 2022. The latest application deadline was March 3, 2023, and one (1) application(s) was received for the following applicant(s):  William Sauer Select action(s) provided below: 1) accept the selected the applicant(s) and appoint to a term ending July 31, 2024, or July 31, 2025, OR 2) reject the selected applicant(s) and oppose the vote**, OR 3) request the Secretary to re-notice the vacancy(ies) A good mind. A good heart. A strong fire. Public Packet 49 of 129 Determine next steps regarding four (4) vacancies - Oneida Youth Leadership Institute Board Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. General Information: Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose reason for Executive. 3. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 4. Budget Information: ☐ Budgeted ☒ Not Applicable ☐ Budgeted – Grant Funded ☐ Unbudgeted ☐ Other: Describe 5. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Shannon Davis, Recording Clerk Additional Requestor: (Name, Title/Entity) Additional Requestor: (Name, Title/Entity) Submitted By: SDAVIS Public Packet 50 of 129 Oneida Nation Government Administrative Office PO Box 365  Oneida, WI 54155-0365 oneida-nsn.gov Memorandum TO: Oneida Business Committee FROM: Brooke Doxtator, BCC Supervisor DATE: March 10, 2023 RE: Appointment(s) – Oneida Youth Leadership Institute Board Background Four (4) vacancies were posted for the Oneida Youth Leadership Institute Board. Two (2) vacancies are to complete terms ending June 30, 2024, and two (2) vacancies are to complete terms ending June 30, 2025. Three vacancies have been posted since 2019 and one (1) vacancy since 2021. The latest application deadline was November 4, 2022, and three (3) applications were received for the following applicant(s):    Elijah Metoxen Melissa Metoxen Sidney White Select action(s) provided below: 1) accept the selected the applicant(s) and appoint to a term ending June 30, 2024, or June 30, 2025, OR 2) reject the selected applicant(s) and oppose the vote**, OR 3) request the Secretary to re-notice the vacancy(ies) A good mind. A good heart. A strong fire. Public Packet 51 of 129 Accept the March 1, 2023, regular Legislative Operating Committee meeting minutes Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☒ Accept as information; OR Accept the March 1, 2023, Legislative Operating Committee meeting minutes. 4. Areas potentially impacted or affected by this request: ☐ Finance ☐ Law Office ☐ Gaming/Retail ☒ Other: Legislative Operating ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions Committee 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 52 of 129 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☐ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☒ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☐ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☐ Other: Describe ☐ Budgeted – Grant Funded ☒ Not Applicable 8. Submission: Authorized Sponsor: David P. Jordan, Councilman Primary Requestor: Clorissa N. Leeman, LRO Senior Staff Attorney Revised: 11/15/2021 Page 2 of 2 Public Packet 53 of 129 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center March 1, 2023 9:00 a.m. Present: Marie Cornelius, Daniel Guzman King, Kirby Metoxen, Jennifer Webster Excused: David P. Jordan Others Present: Clorissa N. Leeman, Carolyn Salutz, Grace Elliott, Brooke Doxtator, Tina Jorgenson (Microsoft Teams), Todd VandenHeuvel (Microsoft Teams), Justin Nishimoto (Microsoft Teams), Mark Powless (Microsoft Teams), Rhiannon Metoxen (Microsoft Teams), Peggy Van Gheem (Microsoft Teams), Brenda Skenandore (Microsoft Teams), Debra Powless (Microsoft Teams), Eric Boulanger (Microsoft Teams), Mary Graves (Microsoft Teams), Michelle Tipple (Microsoft Teams), Rae Skenandore (Microsoft Teams), Shannon Davis (Microsoft Teams), Joy Salzwedel (Microsoft Teams), Matt Denny (Microsoft Teams), Michelle Braaten (Microsoft Teams), Derrick King (Microsoft Teams), Dennis Johnson (Microsoft Teams), I. Call to Order and Approval of the Agenda Kirby Metoxen called the March 1, 2023, Legislative Operating Committee meeting to order at 9:00 a.m. Motion by Marie Cornelius to adopt the agenda; seconded by Jennifer Webster. Motion carried unanimously. II. Minutes to be Approved 1. February 15, 2023 LOC Meeting Minutes Motion by Marie Cornelius to approve the February 15, 2023, LOC meeting minutes and forward to the Oneida Business Committee; seconded by Jennifer Webster. Motion carried unanimously. III. Current Business 1. Emergency Management Law Amendments Motion by Jennifer Webster to approve the adoption packet for the Emergency Management law amendments and forward to the Oneida Business Committee for consideration; seconded by Marie Cornelius. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of March 1, 2023 Page 1 of 2 Public Packet 54 of 129 2. Election Law Emergency Amendments Motion by Jennifer Webster to approve the Election law emergency amendments adoption packet and forward to the Oneida Business Committee for consideration; seconded by Marie Cornelius. Motion carried unanimously. 3. Oneida Personnel Policies and Procedures Amendments Motion by Marie Cornelius to accept the public comments and the public comment review memorandum and defer to a work meeting for further consideration; seconded by Jennifer Webster. Motion carried unanimously. IV. New Submissions 1. Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance Motion by Jennifer Webster to add the Petition: L. Dallas – Alcohol and Drug Addiction Treatment Assistance to the Active Files List with Daniel Guzman King as the sponsor; seconded by Marie Cornelius. Motion carried unanimously. 2. Petition: L. Dallas – FY 2023 Budget Motion by Jennifer Webster to add the Petition: L. Dallas – FY 2023 Budget to the Active Files List with Marie Cornelius as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. 3. Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business Motion by Jennifer Webster to add the Petition: L. Dallas – GTC Directive for OBC to Stay Out of Day-to-Day Business to the Active Files List with Jennifer Webster as the sponsor; seconded by Marie Cornelius. Motion carried unanimously. 4. Petition: L. Zeise – Uncap All Employee Wages Motion by Jennifer Webster to add the Petition: L. Zeise – Uncap All Employee Wages to the Active Files List with Marie Cornelius as the sponsor; seconded by Daniel Guzman King. Motion carried unanimously. V. Additions VI. Administrative Items VII. Executive Session VIII. Adjourn Motion by Marie Cornelius to adjourn at 9:27 a.m.; seconded by Daniel Guzman King. Motion carried unanimously. Legislative Operating Committee Meeting Minutes of March 1, 2023 Page 2 of 2 Public Packet 55 of 129 Adopt resolution entitled Consolidating All Remaining ARPA FRF TCS Allocations and Closing Portal Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. Session: ☒ Open ☐ Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ☐ Accept as information; OR Adopt Resolution titled Consolidating All Remaing ARPA FRF TCS Allocations and Closing Portal 4. Areas potentially impacted or affected by this request: ☒ Finance ☐ Law Office ☐ Gaming/Retail ☐ Other: Describe ☐ Programs/Services ☐ MIS ☐ Boards, Committees, or Commissions 5. Additional attendees needed for this request: Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 56 of 129 6. Supporting Documents: ☐ Bylaws ☐ Contract Document(s) ☒ Correspondence ☐ Draft GTC Notice ☐ Draft GTC Packet ☐ E-poll results/back-up ☐ Other: Describe ☐ Fiscal Impact Statement ☐ Law ☐ Legal Review ☐ Minutes ☐ MOU/MOA ☐ Petition ☐ Presentation ☐ Report ☒ Resolution ☐ Rule (adoption packet) ☐ Statement of Effect ☐ Travel Documents 7. Budget Information: ☐ Budgeted – Tribal Contribution ☐ Unbudgeted ☒ Other: ARPA FRF TCS ☐ Budgeted – Grant Funded ☐ Not Applicable 8. Submission: Authorized Sponsor: Jo Anne House, Chief Counsel Primary Requestor: (Name, Title/Entity) Revised: 11/15/2021 Page 2 of 2 Public Packet 57 of 129 Jo Anne House, PhD | Chief Counsel James R. Bittorf | Deputy Chief Counsel Kelly M. McAndrews | Senior Staff Attorney Law Office Carl J. Artman Krystal L. John Peggy A. Van Gheem Lydia M. Witte MEMORANDUM TO: Oneida Business Committee FROM: Jo Anne House, Chief Counsel DATE: March 16, 2023 SUBJECT: ARPA FRF TCS – Consolidating Final Unallocated Funds and Closing Portal At the March 13, 2023 Work Session the Oneida Business Committee requested that all remaining unobligated APRA TCS funds be consolidated into a single category and that the final group of projects be identified for approval. In addition, there was a need to rescind any prior approves for projects that had not had obligations finalized by resolution, and that the portal should be closed until all current projects were completed. This list of projects are broken into two groups. Group 1. Resolutions located under VIII. Standing Items, A., ARPA FRF and Tribal Contribution Savings Submissions 2. Adopt Resolution Entitled Obligation for Air Drill Utilizing Tribal Contribution Savings 3. Adopt Resolution Entitled Obligation for CIP # 21-105 Orchard Retail Utilizing Tribal Contribution Savings 4. Adopt Resolution Entitled Obligation for Class 7 Tractor Lease Buy Out Utilizing Tribal Contribution Savings 5. Adopt Resolution Entitled Obligation for Class 8 Tractor Lease Buy Out Utilizing Tribal Contribution Savings 6. Adopt Resolution Entitled Obligation for Orchard Pruning Utilizing Tribal Contribution Savings 7. Adopt Resolution Entitled Obligation for Semi-Truck Utilizing Tribal Contribution Savings 8. Adopt Resolution Entitled Obligation for Tsyunhehkwa Cattle Trailer Utilizing Tribal Contribution Savings Group 2. Approved Projects to be submitted no later than the April 12, 2023 regular Oneida Business Committee meeting.  Pow Wow Grounds-Michelle Danforth  Park Renovation-Shannon Stone  TAP Food for Events-Leslie Doxtator  Senior Ctr-Tina Jorgenson/Eli Metoxen  Great Law-Sarah Wunderlich I have attached a resolution which accomplishes the requested actions. N7210 Seminary Road ● P.O. Box 109 ● Oneida, WI 54155 ● 920.869.4327 oneida-nsn.gov Public Packet 58 of 129 Oneida Nation Oneida Business Committee Legislative Operating Committee PO Box 365 • Oneida, WI 54155-0365 Oneida-nsn.gov Statement of Effect Consolidating All Remaining ARPA FRF TCS Allocations and Closing Portal Summary The resolution consolidates all remaining ARPA FRF TCS allocations into “Final Projects;” provides that approval of all projects previously approved by the Oneida Business Committee, but for which funds have not been obligated by resolution, is rescinded; provides that remaining funds of completed ARPA TCS funded projects shall be placed in the “Final Projects” allocation when the final report is submitted; and provides that the ARPA TCS project submission portal shall be closed and shall remain closed until re-opened by the Oneida Business Committee by motion. Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office Date: March 17, 2023 Analysis by the Legislative Reference Office The Oneida Nation received approximately one hundred and thirty-five million dollars (135,000,000) in federal funds through the American Rescue Plan Act – Fiscal Recovery Funds (ARPA FRF). To provide guidance to the organization, as well as awareness to the membership, on how the Nation intends to apply the ARPA FRF to its recovery efforts once received, the Oneida Business Committee adopted resolution BC-06-09-21-B, Setting Goals for Application of Funding from the American Rescue Plan Act of 2021 to Direct Support to Individuals, Families, Community and the Oneida Nation. In resolution BC-06-09-21-B, the Oneida Business Committee identified that the primary applications for the use of ARPA FRF would be to aid members and create tangible benefits related to housing, food sovereignty, education, and culture. In addition, the Oneida Business Committee directed the ARPA FRF to be spread across a three (3) year period in eight (8) specific categories to guide expenditures to meet such primary applications in an informed and transparent manner through the approval of projects by resolution. After the adoption of resolution BC-06-09-21-B, the Oneida Business Committee received information which indicated that there was a more immediate need to address the pandemic’s twelve (12) to fifteen (15) month negative impact on the membership’s access to jobs, education, healthcare, and housing. The Oneida Business Committee then adopted resolution BC-06-23-21C, Amendment # 1 to the American Rescue Plan Act of 2021 Investment Allocation to Direct Membership Assistance, which amended resolution BC-06-09-21-B to reflect its decision, which, more specifically, was to apply the 45% Direct Membership Assistance payment of three thousand dollars ($3,000) in the current fiscal year, with any remaining funds after the payment to be allocated in Fiscal Years 2022 and 2023. Additionally, resolution BC-06-23-21-C provided clarification on the eligibility for membership assistance general welfare exclusion payments, application period, obligation, and ability to approve projects across fiscal years; and directed that the allocations be reviewed at least each fiscal year to determine whether modifications should be made. The work sheet that was attached to resolution BC-06-09-21-B was also deleted by Page 1 of 3 Public Packet 59 of 129 resolution BC-06-23-21-C and replaced with the work sheet attached thereto, entitled, American Recovery Plan Act – FRF; Lost Revenue; ARPA FRF LR Investments – Updated June 23, 2021. The Oneida Business Committee then adopted resolution BC-03-30-22-A, Updating Tribal Contribution Savings Processes and Allocations, which provided that the Oneida Business Committee had been presented with recommended amendments to the processes based on implementation of the June 2021 resolutions, application of ARPA FRF through the lost revenue formula, identification of direct use and Tribal Contribution Savings. The Oneida Business Committee reviewed the recommendations and determined that the recommended amendments offer clarification in the processes and provide reporting at intervals that will keep all parties informed on the status of approved projects. Resolution BC-03-30-22-A superseded the processes identified in Resolve #6 of resolution BC06-09-21-B, as amended by Resolve #2 of resolution BC-06-23-21-C, and adopted a revised project approval process which was supplemented with needed Standard Operating Procedures approved by the FRF Program Office. This resolution also rescinded the allocation spreadsheet attached to resolution BC-06-23-21-C dated June 23, 2021, replacing it with the allocation in the spreadsheet attached to this resolution dated March 30, 2022. The Oneida Business Committee has approved obligations to use the APRA TCS funds by resolution which identify the project, project cost, and project owner. The remaining APRA TCS funds, approximately ten million eight hundred thousand dollars ($10,800,000) are being obligated in a final set of actions of the Oneida Business Committee at the March 22, 2023 meeting with very little remaining. The final obligation of ARPA TCS funds should be identified when all current approved funded projects are completed and excess funds returned which can then be obligated in a final project. Once adopted by the Oneida Business Committee, this resolution provides that all allocated, and unobligated, ARPA TCS funds are consolidated under “Final Projects” which are identified in the following two groups.  Group 1. Resolutions located under VIII, Standing Items, A., ARPA FRF and Tribal Contribution Savings Submissions  Adopt Resolution Entitled Obligation for Air Drill Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for CDC # 21-105 Orchard Retail Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Class 7 Tractor Lease Buy Out Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Class 8 Tractor Lease Buy Out Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Orchard Pruning Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Semi-Truck Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Tsyunhehkwa Cattle Trailer Utilizing Tribal Contribution Savings Page 2 of 3 Public Packet  60 of 129 Group 2. Approved projects to be submitted no later than the April 12, 2023 regular Oneida Business Committee meeting.  Pow Wow Grounds-Michelle Danforth  Park Renovation-Shannon Stone  TAP Food for Events-Leslie Doxtator  Senior Ctr-Tina Jorgenson/Eli Metoxen  Great Law-Sarah Wunderlich This resolution also provides that approval of all projects previously approved by the Oneida Business Committee, but for which funds have not been obligated by resolution, is rescinded. Remaining funds of completed ARPA TCS funded projects shall be placed in the “Final Projects” allocation when the final report is submitted. The ARPA TCS project submission portal shall be closed and shall remain closed until re-opened by the Oneida Business Committee by motion. Conclusion Adoption of this resolution would not conflict with any of the Nation’s laws. Page 3 of 3 Public Packet 61 of 129 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # Leave this line blank Consolidating All Remaining ARPA FRF TCS Allocations and Closing Portal WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation received approximately $135 million in federal funds through the American Rescue Plan Act – Fiscal Recovery Funds; and WHEREAS, the Oneida Business Committee determined that there funds should be used under the government replacement revenue formula and all funds covered under this formula would be transferred to APRA FRF Tribal Contribution Savings (“ARPA TCS”) to be tracked in the Investment Report submitted in the Treasurer’s Monthly Report, see resolution # BC06-09-21-B; and WHEREAS, the Oneida Business Committee also allocated the ARPA TCS funds across eight categories intending to allocate at least 45% of those funds to Direct Membership Assistance and the remainder to housing, food and agriculture, education, culture and language, revenue generation and overall priorities related to good governance, see resolution # BC-06-09-21-B as amended by resolution # BC-06-23-21-C; and WHEREAS, the Oneida Business Committee as approved obligations to use the APRA TCS funds by resolution which identify the project, project cost, and project owner; and WHEREAS, ARPA TSC funded projects are reported on at the Oneida Business Committee work sessions, on the Oneida Nation’s website, and in the Kaliwhisaks; and WHEREAS, the remaining APRA TCS funds, approximately $10.8 million, are being obligated in a final set of actions of the Oneida Business Committee at the March 22, 2023, meeting with very little remaining; and WHEREAS, the final obligation of ARPA TCS funds should be identified when all current approved funded projects are completed and excess funds returned which can then be obligated in a final project; Public Packet 62 of 129 BC Resolution # _______ Consolidating All Remaining ARPA FRF TCS Allocations and Closing Portal Page 2 of 2 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 NOW THEREFORE BE IT RESOLVED, that all allocated, and unobligated, ARPA TCS funds are consolidated under “Final Projects” which are identified in the following two groups. Group 1. Resolutions located under VIII, Standing Items, A., ARPA FRF and Tribal Contribution Savings Submissions:  Adopt Resolution Entitled Obligation for Air Drill Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for CDC # 21-105 Orchard Retail Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Class 7 Tractor Lease Buy Out Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Class 8 Tractor Lease Buy Out Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Orchard Pruning Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Semi-Truck Utilizing Tribal Contribution Savings  Adopt Resolution Entitled Obligation for Tsyunhehkwa Cattle Trailer Utilizing Tribal Contribution Savings Group 2. Approved projects to be submitted no later than the April 12, 2023, regular Oneida Business Committee meeting:  Pow Wow Grounds - Michelle Danforth  Park Renovation - Shannon Stone  TAP Food for Events - Leslie Doxtator  Senior Center - Tina Jorgenson/Eli Metoxen  Great Law - Sarah Wunderlich BE IT FURTHER RESOLVED, approval of all projects previously approved by the Oneida Business Committee, but for which funds have not been obligated by resolution, is rescinded. BE IT FURTHER RESOLVED, remaining funds of completed ARPA TCS funded projects shall be placed in the “Final Projects” allocation when the final report is submitted. BE IT FINALLY RESOLVED, the ARPA TCS project submission portal is closed and shall remain closed until re-opened by the Oneida Business Committee by motion. Public Packet Adopt resolution entitled Obligation for Air Drill Utilizing Tribal Contribution Savings 63 of 129 Public Packet 64 of 129 Public Packet 65 of 129 Public Packet 66 of 129 Public Packet 67 of 129 Public Packet 68 of 129 Public Packet 69 of 129 Adopt resolution entitled Obligation for CDC # 21-105 Orchard Retail Utilizing Tribal Contribution Savings Public Packet 70 of 129 Public Packet " =000000 71 of 129 Environmental, Health, Safety, Land & Agriculture Division ONEIDA A good mind. A good heart. A strong fire. MEMORANDUM RE: Obligation for Orchard Retail 21-105 Utilizing Tribal Contribution Savings Resolution DATE: March 15, 2023 FROM: Vanessa Miller, Food and Agriculture Area Manager The purpose of this proposed resolution is to obligate $1,500,000 from Tribal Contribution Savings to pursue a new orchard retail store. A new store will enhance customer experience and expand operational and sale capacity. The Oneida Business Committee reviewed and supported this project on March 13, 2023. I respectfully request support for this resolution to obligate these funds. Best, Vanessa Miller Oneida Nation Food and Agriculture Area Manager 920-370-3047 vmiller@oneidanation.org Little Bear Development Center N7332 Water Circle Place Oneida, WI 54155 Tsyunhehkwa Farm N139 Riverdale Drive Oneida, WI 54155 Land &Conservation Office 470 Airport Drive Oneida, WI 54155 Cannery N7210 Seminary Rd Oneida, WI 54155 Oneida Nation Farm N6010 Cty Rd C Seymour, WI 54165 Public Packet 72 of 129 Public Packet 73 of 129 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Oneida, WI 54155 BC Resolution # Obligation for CDC # 21-105 Orchard Retail Utilizing Tribal Contribution Savings WHEREAS, the Oneida Nation is a federally recognized Indian government and a treaty tribe recognized by the laws of the United States of America; and WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation; and WHEREAS, the Oneida Business Committee has been delegated the authority of Article IV, Section 1, of the Oneida Tribal Constitution by the Oneida General Tribal Council; and WHEREAS, the Oneida Nation has received Fiscal Recovery Funds (FRF) through the American Rescue Plan Act of 2021 (ARPA) funds to address matters arising out of the COVID-19 pandemic; and WHEREAS, the Oneida Business Committee has approved application of ARPA FRF through the revenue loss formula set forth in 31 CFR 35.6(d)(2) which applied these federal funds throughout the Nation’s budget to governmental programs business units beginning with “42#####”; and WHEREAS, the savings from the application of these funds has resulted in tribal funds being placed in the line “Tribal Contribution Savings” in the Investment Report presented in the Treasurer’s Report”; and WHEREAS, the Oneida Business Committee has determined that Tribal Contribution Savings funds should be used as set out in resolution # BC-06-09-21-B, as amended by resolution # BC06-23-21-C which designates percentage allocations to eight categories (percentages rounded) –  Direct Membership Assistance, 45% of funds;  Housing, 17% of funds;  Food and Agriculture, 12% of funds;  Education, 6% of funds;  Culture and Language, 10% of funds;  Revenue Generations, 2% of funds;  Government Roles and Responsibilities, 3% of funds;  Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and WHEREAS, the purpose of this project is to construct a new Orchard retail facility in a proposed new location. This project would include demolition of the existing structures and relocation of a new retail store. The proposed relocation of the store will look to offer a solution for the current less than ideal location of the retail facility where it stands now and the safety issues that are incurred with this. This project will look to offer more value-added retail pieces of the Orchard operation and offer our community an enhanced outdoor agricultural Public Packet 74 of 129 BC Resolution # _______ Obligation for CIP # 21-105 Orchard Retail Utilizing Tribal Contribution Savings Page 2 of 2 43 44 45 46 47 48 49 50 51 52 53 54 55 experience, strengthening our local economy by attracting and encouraging local dollars.; and WHEREAS, the Project Owner for the proposed project is requesting $1,500,000 obligated from the Tribal Contribution Savings, Food and Agriculture; and WHEREAS, this project will be concluded by December 31, 2027; and WHEREAS, the Oneida Business Committee has reviewed the proposed project; and NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee approves the obligation of funds for CIP # 21-105 Orchard Retail, in the amount of $1,500,000 from Tribal Contribution Savings, Food and Agriculture with Vanessa Miller, Food and Agriculture Area Manager assigned as the Project Owner. Public Packet 75 of 129 Adopt resolution entitled Obligation for Class 7 Tractor Buy Out Utilizing Tribal Contribution Savings Public Packet 76 of 129 Public Packet 77 of 129 Public Packet 78 of 129 Public Packet 79 of 129 Public Packet 80 of 129 Public Packet 81 of 129 Adopt resolution entitled Obligation for Class 8 Tractor Buy Out Utilizing Tribal Contribution Savings Public Packet 82 of 129 Public Packet 83 of 129 Public Packet 84 of 129 Public Packet 85 of 129 Public Packet 86 of 129 Public Packet 87 of 129 Adopt resolution entitled Obligation for Orchard Pruning Utilizing Tribal Contribution Savings Public Packet 88 of 129 Public Packet 89 of 129 Public Packet 90 of 129 Public Packet 91 of 129 Public Packet 92 of 129 Public Packet Adopt resolution entitled Obligation for Semi-Truck Utilizing Tribal Contribution Savings 93 of 129 Public Packet 94 of 129 Public Packet 95 of 129 Public Packet 96 of 129 Public Packet 97 of 129 Public Packet 98 of 129 Public Packet 99 of 129 Adopt resolution entitled Obligation for Tsyunhehkwa Cattle Trailer Utilizing Tribal Contribution Savings Public Packet 100 of 129 Public Packet 101 of 129 Public Packet 102 of 129 Public Packet 103 of 129 Public Packet 104 of 129 Public Packet 105 of 129 Accept the Oneida Youth Leadership Institute start-up report Business Committee Agenda Request 1. Meeting Date Requested: 03/22/23 2. Session: ‫ ܈‬Open ‫ ܆‬Executive – must qualify under §107.4-1. Justification: Choose or type justification. 3. Requested Motion: ‫ ܈‬Accept as information; OR Enter the requested motion related to this item. 4. Areas potentially impacted or affected by this request: ‫ ܆‬Finance ‫ ܆‬Law Office ‫ ܆‬Gaming/Retail ‫ ܆‬Other: Describe ‫ ܆‬Programs/Services ‫ ܆‬MIS ‫ ܈‬Boards, Committees, or Commissions 5. Additional attendees needed for this request: Mark W. Powless, General Manager Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Name, Title/Entity OR Choose from List Revised: 11/15/2021 Page 1 of 2 Public Packet 106 of 129 6. Supporting Documents: ‫ ܆‬Bylaws ‫ ܆‬Contract Document(s) ‫ ܆‬Correspondence ‫ ܆‬Draft GTC Notice ‫ ܆‬Draft GTC Packet ‫ ܆‬E-poll results/back-up ‫ ܆‬Other: Describe ‫ ܆‬Fiscal Impact Statement ‫ ܆‬Law ‫ ܆‬Legal Review ‫ ܆‬Minutes ‫ ܆‬MOU/MOA ‫ ܆‬Petition ‫ ܆‬Presentation ‫ ܈‬Report ‫ ܆‬Resolution ‫ ܆‬Rule (adoption packet) ‫ ܆‬Statement of Effect ‫ ܆‬Travel Documents 7. Budget Information: ‫ ܆‬Budgeted – Tribal Contribution ‫ ܈‬Unbudgeted ‫ ܆‬Other: Describe ‫ ܆‬Budgeted – Grant Funded ‫ ܆‬Not Applicable 8. Submission: Authorized Sponsor: Lisa Liggins, Secretary Primary Requestor: Cheryl Stevens, Grants Manager signed by Mark W. Powless Mark W. Powless Digitally Date: 2023.03.14 17:12:44 -05'00' Revised: 11/15/2021 Page 2 of 2 Public Packet 107 of 129 Oneida Youth Leadership Institute Start-up Report Introduction/History: Congress passed the Indian Tribal Governmental Tax Status Act in 1982, and codified Section 7871 of the Internal Revenue Code. 7871 organizations offer many of the same tax benefits for donors and the 501c3, but one major difference from a 501c3, IRS will treat a 7871 Tribal Government as “State governments” for a variety of specified tax purposes. 7871 status gives Tribal governments an appropriate legal, political and economic means to establish, regulate and control philanthropic activities in their communities, while allowing tribes to maintain a greater degree of sovereignty than they would under a 501c3 designation. There were three ways for a Federally Recognized Tribe to operate a nonprofit organization: 1) Incorporate under state law and then apply for 501(c)(3) status from the IRS. This way opens the Tribe to regulation by the state government and the federal government. 2) Incorporate a nonprofit corporation under tribal law by passing tribal corporation codes that allow them to incorporate nonprofits under their tribal law. The IRS does grant 501(c)(3) status to tribally incorporated nonprofit corporations, 3) Establish a fund, program, or subdivision that is designed to perform charitable activities for public purpose. This type of charitable organization is a part of the tribal government, holds on to sovereign power, and is termed a 7871 organization. 7871 Organization vs. Non Profit 501(c)3 advantage: Tax-exempt status for similar to a 501(c)(3). A charitable contribution is tax deductible. Recognized by the Department of Treasury and Department of Interior and created for federally recognized tribal governments. 7871 Organization Non-Profit 501(c)3 - Charity Org. Tax Exempt - Charity Org. Tax Exempt - Established by Tribal Government - Established by State Government - Report through Tribal Government - Report through State Government - Strengthens Sovereignty - Subject to state law and regulation Public Packet 108 of 129 The Grants Office has always been looking for a fundraising option for youth groups looking for support/training. With the help of the Internal Services Director, the Oneida Youth Leadership Institute (OYLI) was created through a First Nations Institute grant to pursue the option of a 7871 entity that provided for less State control over the entity and more tribal control. A 7871 entity enables Tribes to exercise their sovereign rights when establishing a charitable organization. This type of entity can avoid interference by state and federal governments. “Creating a charitable tribal program, fund, or subdivision that is designed for exclusively public purposes is one way that a tribe can provide for the needs of its citizens, raise external charitable funds, and maintain the sovereign rights of the tribe in operating the program without the potential for state or federal government interference.” (Charitable and Sovereign: Understanding Tribal 7871 Organizations - Native Assets Research Center Research Report 2009-2B, First Nations Development Institute.) A team was developed to pursue this endeavor in 2013 and in 2014 the OBC passed a resolution to approve the concept of a 7871 organization. Development began and the 7871 status was deeply researched by a core group within the Nation. In September of 2016 the OBC adopted the resolution to create the Oneida Youth Leadership Institute for treatment under Section7871 of the IRS code, along with approved the initial Articles of Incorporation and the OYLI Charter. In June of 2017 the first official Board was appointed and sworn in by the OBC. Public Packet 109 of 129 Vision Continue the legacy of our nation by empowering future Oneida leaders. Mission Statement Investing in the development of our youth to enhance nation building by learning from our past, embracing our present, and leaving a legacy for the future. Purpose: The Oneida Youth Leadership Institute is a tax-deductible 7871 entity of the Oneida Nation actively planning for the 7th generation by providing opportunities, initiatives, and trainings that can help inspire our Native youth to become strong, progressive leaders. The Youth Leadership Institute will foster: Traditional Heritage/Culture; Healthy Minds/Healthy Bodies; Citizen Engagement; Leadership; Academic Excellence; Entrepreneurship; Networking. Our goal is to empower our Youth to lead a nation of strong families within their communities. Through the efforts of the Oneida Youth Leadership Institute, we have developed a framework for the project that will allow the Nation to: 1) initiate philanthropic efforts to advance its role of supporting youth leadership; 2) develop a Youth Leadership Fund initiative that would provide opportunities for youth to build a knowledge base for growth and development; 3) significantly identify innovative approaches to further our philanthropic work while strengthening our ongoing fundraising capability by developing connections between philanthropic organizations. This Institute project will allow us to share our knowledge beyond the project scope, to be exposed to each other’s culture and heritage, and to unite Indian Country for our future generations. Our mission of cultivating and nurturing the future of our youth by provided the tools, training, and education to empower the young leaders of the Oneida Nation. The Oneida Youth Leadership Institute will be a 7871 organization that will benefit the community youth programs by providing a tax-exempt fundraising vehicle to provide for youth development initiatives. Other programs and areas such as the Lacrosse teams, ONSS, ARTS Program, NIAG, etc., will be able to utilize the 7871 status of the Oneida Youth Leadership Institute for all tax-deductible fundraising activities, donations, and events. Public Packet 110 of 129 Board Members: The OYLI is overseen by a Board of a minimum of five and maximum of seven directors who are appointed by the Oneida Business Committee through the Oneida Board member application process. Selection and consideration is based on qualities of industry, responsibility, integrity, and judgment, as well as expertise in management, business, youth services and law. Currently we have a board of six members with one member extended until we can get a full board. Therefore, we are in need of two more board members to make a full board. Serving on the Oneida Youth Leadership Institute Board of Directors requires time, focus, and effort. At a minimum, members should expect to fulfill a three-year staggered term; may be re-elected and serve the full term unless a condition under Bylaw Article 1(c) are met. Board Members are required to undertake the following expectations: 1. Perform duties as outlined by the current Oneida Youth Leadership Institute Board Bylaws. 2. Act only in the best interests of the Board. a. Put the Board’s interest before any other personal or professional interests. b. Remember to serve the best interests of the Board on which you are sitting. 3. Be involved in major decisions a. Be actively involved in decision making. b. Actively participate in Oneida Youth [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A6064bbeb58704690. Public record. Not legal advice.