BC Meeting Materials January 13, 2016

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Open Session

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that

the following 389 pages are the Open Session meeting materials presented at a

meeting duly called, noticed and held on the 13th day of JANUARY, 2016.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

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Oneida Business Committee

Executive Session

1:00 p.m. Monday, January 11, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

9:00 p.m. Wednesday, January 13, 2016

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: http://oneida-nsn.gov/

CALL TO ORDER AND ROLL CALL

II.

OPENING

III.

ADOPT THE AGENDA

IV.

OATHS OF OFFICE

VI.

VII.

Oneida Gaming Commission – Barbara Erickson

MINUTES

Approve December 18, 2015, special meeting minutes

Sponsor: Lisa Summers, Tribal Secretary

Approve December 23, 2015, regular meeting minutes

Sponsor: Lisa Summers, Tribal Secretary

RESOLUTIONS

Adopt resolution titled Fee to Trust Application for property located at: N6600, 6900 Blk of HWY

“55” and W1800, 2000 Blk Culbertson Rd.

Sponsor: Patrick Pelky, Division Director/Division of Land Management

Adopt resolution titled Oneida Code of Laws Reorganization

Sponsor: Brandon Stevens, Councilman

Adopt resolution titled Public Use of Tribal Land Law Permanent Amendments

Sponsor: Brandon Stevens, Councilman

APPOINTMENTS (No Requested Action)

Oneida Business Committee Regular Meeting Agenda of January 13, 2016

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VIII.

STANDING COMMITTEES

Legislative Operating Committee

Sponsor: Councilman Brandon Stevens, Chair

1. Accept December 16, 2015, Legislative Operating Committee meeting minutes

2. Approve Audit Committee Bylaws

Finance Committee

Sponsor: Tribal Treasurer Trish King, Chair

1. Approve January 4, 2016, Finance Committee meeting minutes

Community Development Planning Committee (No Requested Action)

Quality of Life Committee

Sponsor: Councilwoman Fawn Billie, Chair

1. Approve request to change official meeting time of Quality Life Committee from 8:00 a.m.10:00 a.m. to 8:30 a.m. - 10:30 a.m.

IX.

GENERAL TRIBAL COUNCIL

Petitioner John E. Powless Jr.: Per Capita Payments

Sponsor: Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the legal and financial

analyses to the January 27, 2016, regular Business Committee meeting, seconded by Tehassi Hill.

Motion carried unanimously.

EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to provide an additional 60 days

for the legal analysis of Petitioner John E. Powless: Per capita payments, seconded by Lisa Summers.

Motion carried unanimously.

EXCERPT FROM AUGUST 17, 2015: Motion by David Jordan to accept the legislative analysis for the

regarding per capita payments submitted by petitioner John E. Powless Jr., seconded by Trish King.

Motion carried unanimously.

EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06 p.m. and to direct

the Tribal Secretary to coordinate Business Committee special meeting date for the remainder of this

agenda, seconded by Brandon Stevens. Motion carried unanimously.

EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to acknowledge receipt of the verified

petition submitted by John E. Powless, Jr.; to send the verified petition to the Law, Finance, Legislative

Reference and Direct Report Offices for the legal, financial, legislative and administrative analyses to

be completed; to direct the Law, Finance and Legislative Reference Offices to submit the analyses to

the Tribal Secretary's office within sixty (60) days, and that a progress report be submitted in forty-five

(45) days; and to direct the Direct Report Offices to submit the appropriate administrative analyses to

the Tribal Secretary's office within thirty (30) days, seconded by Tehassi Hill. Motion carried

unanimously.

Oneida Business Committee Regular Meeting Agenda of January 13, 2016

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Petitioner Nancy Barton: To open an Emergency Food Pantry

Sponsor: Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to accept the progress report as

information and to defer the legal and financial analyses to the February 24, 2016, regular Business

Committee meeting, seconded by Fawn Billie. Motion carried unanimously.

EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the verified petition

submitted by Nancy Barton: To open an Emergency Food Pantry; to send the verified petition to the

Law, Finance, Legislative Reference, and Direct Report Offices for the legal, financial, legislative, and

administrative analyses to be completed; to direct the Law, Finance, and Legislative Reference Offices

to submit the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report

be submitted in forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate

administrative analyses to the Tribal Secretary’s Office within thirty (30) days, seconded by Fawn

Billie. Motion carried unanimously.

UNFINISHED BUSINESS

Approve request to make Oneida Vendor List available to any enrolled Tribal member upon

request and that it include name of entity and individual(s) who own and operate it

Sponsor: Tina Danforth, Tribal Chairwoman

EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the request the Law Office

for a legal opinion to be brought back in thirty (30) days, seconded by Jennifer Webster. Motion carried

unanimously.

Accept update regarding Tribal ID cards for Age Restricted Products

Sponsor: Michele Doxtator, Area Manager/Retail Profits

EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer this item to the January

13, 2016, regular Business Committee meeting, seconded by Jennifer Webster. Motion carried

unanimously.

XI.

TABLED BUSINESS (No Requested Action)

XII.

NEW BUSINESS

Approve limited waiver of sovereign immunity – Green Bay Metropolitan Sewerage DistrictSilver Creek Cost-Share Agreement – Contract # 2015-1190

Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety

Approve request of support for Business Committee or Trust/Enrollment Committee to sign

onto amici brief for Native case, Blackhorse et al v. Pro Football, Inc.

Sponsor: Brandon Stevens, Councilman

Retro-approve correspondence in opposition to WI Assembly Bill 620

Sponsor: Tina Danforth, Tribal Chairwoman

Approve compliance updates regarding BC 401(k) Plan and the Public Safety Pension Plan

along with their accompanying resolutions

Sponsor: Larry Barton, Chief Financial Officer

Approve request for procedural exception to the Time and Attendance Policy/SOP for creation

of an Employee Exercise Pilot Program

Sponsor: Fawn Billie, Councilwoman

Oneida Business Committee Regular Meeting Agenda of January 13, 2016

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XIII.

Approve Joint Marketing Charter

Sponsor: Trish King, Tribal Treasurer

Approve request to co-host April 2016 U.S. Dept. of Health and Humans Services consultation

Sponsor: Lisa Summers, Tribal Secretary

Review GTC directive to consider budget modification of $125,000 from the CEO position line

to the Elder Home Repair line in FY 2016 budget

Sponsor: Tina Danforth, Tribal Chairwoman

TRAVEL

Travel Reports (No Requested Action)

Travel Requests

1. Approve travel request – Chairwoman Tina Danforth – 2016 National Indian Gaming

Association (NIGA) Legislative Summit – Washington D.C. – January 18-21, 2016

XIV.

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

Operational Reports

1. Accept Emergency Management FY ’15 4th quarter report

Sponsor:

Kaylynn Gresham, Director/Emergency Management

EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the

noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee

meeting], seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Emergency

Management FY ’15 4th quarter report to the December 23, 2015, regular Business Committee

meeting, seconded by Fawn Billie. Motion carried unanimously.

2. Accept Ombudsman FY ’15 4th quarter report

Sponsor:

Dianne McLester-Heim, Ombudsman

EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the

noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee

meeting], seconded by Jennifer Webster. Motion carried unanimously.

3. Accept Development Division FY ’16 1st quarter report

Sponsor:

Troy Parr, Assistant Division Director/Development; Bruce Danforth, Asst.

Division Director/Development Operations; Scott Cottrell, Utilities Manager

4. Accept Environmental, Health, & Safety Division FY ’16 1st quarter report

Sponsor:

Patrick Pelky, Division Director/Environmental Health & Safety

5. Accept Division of Land Management FY ’16 1st quarter report

Sponsor:

Patrick Pelky, Division Director/Land Management

Corporate Reports (No Requested Action)

Oneida Business Committee Regular Meeting Agenda of January 13, 2016

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Boards, Committees, and Commissions

1. Accept Land Claims Commission FY ’15 4th quarter report – Amelia Cornelius, Chair

Liaison:

Brandon Stevens, Councilman

EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to adopt the agenda with the

noted change [defer section XIV. Reports to the January 13, 2016, regular Business Committee

meeting], seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the Land Claims

Commission FY ’15 4th quarter report to the December 23, 2015, regular Business Committee

meeting, seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the Land Claims

Commission FY ’15 4th quarter report to the December 9, 2015, regular Business Committee

meeting and to have the Liaison follow-up with them to request somebody to be present,

seconded by Brandon Stevens. Motion carried unanimously.

2. Defer Oneida Arts Board FY ’16 1st quarter report to the January 27, 2016, regular Business

Committee meeting – Nic Reynolds, Chair

Liaison:

Jennifer Webster, Councilwoman

3. Accept Anna John Residential Centered Care Community Board FY ’16 1st quarter report –

Kimberly Schultz, Chair (No Report Submitted)

Liaison Alternate: Tina Danforth, Tribal Chairwoman

XV.

EXECUTIVE SESSION

Reports

1. Accept Oneida Retail Enterprise FY ’15 4th quarter report – Michele Doxtator, Area

Manager/Retail Profits

EXCERPT FROM DECEMBER 23, 2015: Motion by Fawn Billie to defer the Oneida Retail

Enterprise FY ’15 4th quarter report to the January 13, 2016, regular Business Committee

meeting, seconded by Lisa Summers. Motion carried unanimously.

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

Standing Items

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association

Liaison:

Trish King, Tribal Treasurer

EXCERPT FROM DECEMBER 23, 2015: Motion by Jennifer Webster to defer this item to the

January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion

carried unanimously.

Audit Committee (No Requested Action)

Oneida Business Committee Regular Meeting Agenda of January 13, 2016

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Unfinished Business

1. Reevaluate option to fill Organizational Development Specialist position

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM SEPTEMBER 23, 2015: Motion by David Jordan to approve Option 2A

contained within the memorandum and to re-evaluate the option in ninety (90) days, seconded by

Trish King. Motion carried unanimously.

2. Accept Hospice Advantage Recommendation (This item is scheduled at 1:45 p.m. on

January 11, 2016)

Sponsor:

Jennifer Webster, Councilwoman

EXCERPT FROM DECEMEBER 23, 2015: Motion by Jennifer Webster to defer this item to the

January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion carried

with one abstention.

EXCERPT FROM OCTOBER 28, 2015: Motion by Lisa Summers to accept the update and to

request the additional information be brought back to the Business Committee in thirty (30) days,

seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to defer this item to ViceChairwoman Melinda J. Danforth and Councilwoman Jennifer Webster, as the Liaisons, for followup and to bring back recommendations to the October 28, 2015, regular Business Committee,

seconded by Trish King. Motion carried unanimously.

3. Defer response for Complaint # 2015-DR13-02 to the January 27, 2016, regular BC meeting

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 23, 2015: Motion by Lisa Summers to defer the draft response

regarding Complaint # 2015-DR13-02 to the January 13, 2016, regular Business Committee

meeting, seconded by Fawn Billie. Motion carried unanimously.

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept Complaint # 2015DR13-02 as information and to defer item to the Tribal Secretary’s Office to bring back a draft

response for the December 23, 2015, regular Business Committee meeting, seconded by David

Jordan. Motion carried unanimously.

New Business

1. Approve Chief Executive Officer Job Description, Request to Post form, and Recruitment

Letter to be sent out nationwide to all heads-of-households on January 18, 2016

Sponsor:

Lisa Summers, Tribal Secretary

XVI.

ADJOURN

Posted on the Tribe’s official website, www.oneida-nsn.gov, at 12:00 p.m., on Friday, January 8, 2015, pursuant

to the Open Records and Open Meetings Law, section 7.17-1. For additional information, please call the Business

Committee Support Office at (920) 869-4364.

The meeting packet of the open session materials for this meeting is available to Tribal members by going to the

Members-Only section of the Tribe’s official website at: www.oneida-nsn.gov/MembersOnly

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800)

236-2214.

Oneida Business Committee Regular Meeting Agenda of January 13, 2016

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

/ 5

/ 16

2. General Information:

Session:

Open

Agenda Header:

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

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Barbara Erickson to the Oneida Gaming Commission.

3. Supporting Materials

Report

Resolution

Contract

Other:

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor:

Kathleen M. Metoxen, Executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The posting was in the October 1, 2015 issue of the Kalihwisaks for (1) vacancy on the Oneida Gaming

Commission to finish the term until August 22, 2017 with the deadline of November 6, 2015. There were (7)

applicants for the (1) vacancy on the Oneida Gaming Commission. The appointment was made on the December

23, 2015 BC Agenda.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

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DRAFT

Oneida Business Committee

Special Meeting

1:30 p.m. Friday, December 18, 2015

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes – DRAFT

SPECIAL MEETING

Present: Chairwoman Tina Danforth, Treasurer Trish King, Council members: Fawn Billie,

Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;

Not Present: Vice-Chairwoman Melinda J. Danforth, Secretary Lisa Summers;

Arrived at: ;

Others present: Jo Anne House, Larry Barton, RaLinda Ninham-Lamberies, Ryan Hirsch,

Louise Cornelius, Cory Topp, Keith Stoneburner, Lee Thomas, Jennifer Anderson, Chad Fuss,

Matt Denny, Loucinda Conway, Misty Jordan, Tammy Vanschyndel;

CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 1:30 p.m.

For the record:

Vice-Chairwoman Melinda J. Danforth is on maternity leave until

February. Secretary Lisa Summers is on vacation.

II.

OPENING by Councilman Tehassi Hill

III.

ADOPT THE AGENDA

Motion by Fawn Billie to adopt the agenda, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Jennifer Webster

Not Present:

Melinda J. Danforth, Lisa Summers

IV.

EXECUTIVE SESSION

Motion by Trish King to go into executive session at 1:38 p.m., seconded by Tehassi Hill.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Jennifer Webster

Not Present:

Melinda J. Danforth, Lisa Summers

Oneida Business Committee Special Meeting Minutes DRAFT of December 18, 2015

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DRAFT

Motion by Trish King to come out of executive session at 2:44 p.m., seconded by Fawn Billie.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Jennifer Webster

Not Present:

Melinda J. Danforth, Lisa Summers

A. Audit Committee

Sponsor: Tehassi Hill, Councilman

1. Approve Audit Committee’s presentation materials for January 4, 2016,

Annual General Tribal Council Meeting

Motion by Brandon Stevens to approve the Audit Committee’s presentation materials for the

January 4, 2016, Annual General Tribal Council Meeting, seconded by David Jordan. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Jennifer Webster

Not Present:

Melinda J. Danforth, Lisa Summers

2. Approve 2015 Year-End audited financial statements presented by RSM, US

auditors

Motion by Brandon Stevens to approve the 2015 Year-End audited financial statements

presented by RSM, US auditors and for the edits to be provided by the end of the year,

seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Jennifer Webster

Not Present:

Melinda J. Danforth, Lisa Summers

ADJOURN

Motion by Fawn Billie to adjourn at 2:45 p.m., seconded by David Jordan. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Trish King, Brandon

Stevens, Jennifer Webster

Not Present:

Melinda J. Danforth, Lisa Summers

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented/corrected on

_________________________________

Lisa Summers, Tribal Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Special Meeting Minutes DRAFT of December 18, 2015

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Page 13 of 380

DRAFT

Oneida Business Committee

Executive Session

9:00 a.m. Tuesday, December 22, 2015

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

1:00 p.m. Wednesday, December 23, 2015

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council

members: Fawn Billie, Tehassi Hill, David Jordan, Brandon Stevens, Jennifer Webster;

Not Present: Vice-Chairwoman Melinda J. Danforth;

Arrived at: ;

Others present: Jo Anne House, Larry Barton, Tonya Webster;

REGULAR MEETING

Present: Chairwoman Tina Danforth, Treasurer Trish King, Secretary Lisa Summers, Council

members: Fawn Billie, Jennifer Webster;

Not Present: Vice-Chairwoman Melinda J. Danforth, Councilman David Jordan;

Arrived at: Council members: Tehassi Hill and Brandon Stevens at 1:15 p.m.;

Others present: Jo Anne House, Heather Heuer, Bill Graham, Brad Graham, Michele

Doxtator, Lisa Liggins, Kathy Metoxen, Larry Barton, Angela Parks, Danelle Wilson, Maureen

Perkins, Chris Johnson, Pat Pelky, Doug McIntyre, Lisa Moore, Mike Debraska, Dawn MoonKopetsky, Laura Manthe, Gene Schubert, Leyne Orosco, Troy Parr, Rhiannon Metoxen, Cathy

Metoxen, RaLinda Ninham-Lamberies, Gerry Cornelius, Cheryl Skolaski, Owen Somers,

Loretta Metoxen, Matt Denny, Marlene Garvey;

CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 1:07 p.m.

For the record:

II.

Vice-Chairwoman Melinda J. Danforth is on maternity leave until

February. Councilman David Jordan is taking personal time.

OPENING (00:02:35) by Chairwoman Tina Danforth

A. Presentation of the United States flag flown in Southwest Asia in honor of the

Oneida Tribe of Indians of Wisconsin

Sponsor:

Jennifer Webster, Councilwoman

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 1 of 19

Page 14 of 380

III.

DRAFT

ADOPT THE AGENDA (00:02:09)

Motion by Lisa Summers to adopt the agenda with the noted change [defer section XIV.

Reports to the January 13, 2016, regular Business Committee meeting], seconded by Jennifer

Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Trish King, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Tehassi Hill, David Jordan, Brandon Stevens

Councilman Tehassi Hill and Councilman Brandon Stevens arrive at 1:15 p.m.

IV.

OATHS OF OFFICE (00:08:20) administered by Secretary Lisa Summers

A. Oneida Nation Veterans Affairs Committee – Gerald Cornelius

MINUTES (00:10:27)

A. Approve December 9, 2015, regular meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to approve the December 9, 2015, regular meeting minutes,

seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

VI.

RESOLUTIONS (00:10:54)

A. Adopt resolution titled CY 2016 County Tribal Law Enforcement – Brown

County

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to adopt resolution 12-23-15-A CY 2016 County Tribal Law

Enforcement – Brown County, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 2 of 19

Page 15 of 380

DRAFT

B. Adopt resolution titled CY 2016 County Tribal Law Enforcement – Outagamie

County

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to adopt resolution 12-23-15-B CY 2016 County Tribal Law

Enforcement – Outagamie County, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

VII.

APPOINTMENTS (2:54:00)

A. Review applications for Oneida Gaming Commission vacancy and determine

appropriate appointment

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to put the appointment to the Oneida Gaming Commission into open

session, but not the back-up materials, seconded by Jennifer Webster. Motion carried with two

abstentions:

Ayes:

Fawn Billie, Trish King, Lisa Summers, Jennifer Webster

Abstained:

Tehassi Hill, Brandon Stevens

Not Present:

Melinda J. Danforth, David Jordan

Motion by Jennifer Webster to recommend Barbara Erikson to be appointed to the Oneida

Gaming Commission, seconded by Lisa Summers. Motion carried with two abstentions:

Ayes:

Fawn Billie, Trish King, Lisa Summers, Jennifer Webster

Abstained:

Tehassi Hill, Brandon Stevens

Not Present:

Melinda J. Danforth, David Jordan

VIII.

STANDING COMMITTEES (00:12:40)

A. Legislative Operating Committee

Sponsor:

Councilman Brandon Stevens, Chair

1. Accept December 2, 2015, Legislative Operating Committee meeting

minutes

Motion by Brandon Stevens to accept the December 2, 2015, Legislative Operating

Committee meeting minutes, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 3 of 19

Page 16 of 380

DRAFT

2. Accept Legislative Operating Committee FY ’15 4th quarter report

Motion by Brandon Stevens to accept the Legislative Operating Committee FY ’15 4th quarter

report, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

B. Finance Committee

Sponsor:

Tribal Treasurer Trish King, Chair

1. Approve December 14, 2015, Finance Committee meeting minutes

Motion by Trish King to approve the December 14, 2015, Finance Committee meeting

minutes, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

2. Accept Finance Committee FY ’15 4th quarter report

Motion by Jennifer Webster to accept the Finance Committee FY ’15 4th quarter report,

seconded by Trish King. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

C. Community Development Planning Committee

Sponsor:

Councilman Tehassi Hill, Vice-Chair

1. Accept Community Development Planning Committee FY ’15 4th quarter

report (No Report Submitted)

Councilman Tehassi Hill departs 1:44 p.m.

D. Quality of Life Committee

Sponsor:

Councilwoman Fawn Billie, Chair

1. Accept November 12, 2015, Quality of Life Committee meeting minutes

Motion by Lisa Summers to accept the November 12, 2015, Quality of Life Committee

meeting minutes, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Trish King, Brandon Stevens, Lisa Summers, Jennifer

Webster

Not Present:

Melinda J. Danforth, Tehassi Hill, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 4 of 19

Page 17 of 380

DRAFT

2. Accept Quality of Life Committee FY ’15 4th quarter report

Motion by Jennifer Webster to accept the Quality of Life Committee FY ’15 4th quarter report,

seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Trish King, Brandon Stevens, Lisa Summers, Jennifer

Webster

Not Present:

Melinda J. Danforth, Tehassi Hill, David Jordan

Councilman Tehassi Hill returns at 1:46 p.m.

IX.

GENERAL TRIBAL COUNCIL (00:39:28)

A. Petitioner Frank Cornelius: Special GTC meeting to address four resolutions

1) Audit of Oneida Seven Generations Corporation

2) Oneida Seven Generations Corporation Return Money to Tribe

3) Freedom of the Press

4) Tax Oneida Business Committee for Failure to Dissolve Oneida Seven

Generations Corporation

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 9, 2015: (1) Motion by Lisa Summers to accept the

fiscal analyses of the four (4) resolutions, seconded by Brandon Stevens. Motion

carried unanimously. (2) Motion by Lisa Summers to defer the legal analyses of the

four (4) resolutions to the December 23, 2015, regular Business Committee meeting,

seconded by Jennifer Webster. Motion carried unanimously.

EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the fiscal

analyses to the December 9, 2015, regular Business Committee meeting, seconded

by Jennifer Webster. Motion carried with one abstention.

EXCERPT FROM SEPTEMBER 9, 2015: (1) Motion by Jennifer Webster to accept

the update from Chief Counsel regarding legal analyses of resolutions 1-4, seconded

by Brandon Stevens. Motion carried unanimously. (2) Amendment to the main

motion by Melinda J. Danforth to provide a new due date of November 25, 2015, for

the legal and financial analyses of resolutions 1-4, seconded by Lisa Summers.

Motion carried unanimously.

EXCERPT FROM AUGUST 26, 2015: Motion by David Jordan to accept the

legislative analyses for resolution 1-4, seconded by Jennifer Webster. Motion carried

unanimously.

EXCERPT FROM AUGUST 17, 2015: (1) Motion by Lisa Summers to take this item

from the table, seconded by David Jordan. Motion carried unanimously. (2) Motion

by Jennifer Webster to forward the four resolutions to the Legislative, Law, Finance

Offices for the appropriate analyses and for those analyses to be due at the

September 9, 2015, regular Business Committee meeting, seconded by Lisa

Summers. Motion carried unanimously. (3) Motion by Lisa Summers to request the

Law Office provide a legal opinion about what occurs when a petition is submitted

which does not have all the appropriate documentation that would go with the

petition, seconded by Tehassi Hill. Motion carried with one abstention.

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 5 of 19

Page 18 of 380

DRAFT

EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06

p.m. and to direct the Tribal Secretary to coordinate Business Committee special

meeting date for the remainder of this agenda, seconded by Brandon Stevens.

Motion carried unanimously.

EXCERPT FROM JULY 22, 2015: Motion by Brandon Stevens to table this item to

next regular Business Committee meeting, seconded by David Jordan. Motion

carried unanimously.

EXCERPT FROM JULY 8, 2015: Motion by Tehassi Hill to accept the update as

information and defer this item to the July 22, 2015, regular Business Committee

meeting as agreed upon by the Business Committee members and the petitioner,

seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM JUNE 24, 2015: Motion by Fawn Billie to defer this item to the next

regular Business Committee meeting and direct the Secretary to work with the

petitioner to find a solution to the concerns, seconded by Tehassi Hill. Motion carried

unanimously.

EXCERPT FROM MAY 27, 2015: Motion by David Jordan to direct the Secretary to

reach out to Petitioner Frank Cornelius to request the four (4) resolutions mentioned

in the petition be submitted in thirty (30) days, seconded by Lisa Summers. Motion

carried unanimously.

EXCERPT FROM MAY 13, 2015: (1) Motion by Trish King to acknowledge receipt of

the petition submitted by Frank Cornelius, seconded by Fawn Billie. Motion carried

unanimously. (2) Motion by Trish King to send the verified petition to the Law,

Finance, Legislative Reference and Direct Report Offices for legal, financial,

legislative and administrative analyses to be completed; to direct the Law, Finance

and Legislative Offices to submit the analyses to the Secretary within sixty (60) days

and a that a progress report is submitted in forty-five (45) days, seconded by David

Jordan. Motion carried unanimously. (3) Motion by David Jordan to direct the Direct

Report Offices to submit the appropriate administrative analyses to the Secretary

within thirty (30) days, seconded by Trish King. Motion carried unanimously.

Motion by Jennifer Webster to accept the legal update as information, seconded by Lisa

Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

B. Petitioner John E. Powless Jr: Per capita payments

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM SEPTEMBER 9, 2015: Motion by Jennifer Webster to provide an

additional sixty (60) days for the Law and Finance Offices to submit the appropriate

analyses, seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM AUGUST 17, 2015: Motion by David Jordan to accept the

legislative analysis for the per capita payments submitted by petitioner John E.

Powless Jr., seconded by Trish King. Motion carried unanimously.

EXCERPT FROM AUGUST 12, 2015: Motion by Lisa Summers to adjourn at 2:06

p.m. and to direct the Tribal Secretary to coordinate Business Committee special

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 6 of 19

Page 19 of 380

DRAFT

meeting date for the remainder of this agenda, seconded by Brandon Stevens.

Motion carried unanimously.

EXCERPT FROM JUNE 24, 2015: Motion by David Jordan to acknowledge receipt of

the verified petition submitted by John E. Powless, Jr.; to send the verified petition to

the Law, Finance, Legislative Reference and Direct Report Offices for the legal,

financial, legislative and administrative analyses to be completed; to direct the Law,

Finance and Legislative Reference Offices to submit the analyses to the Tribal

Secretary's office within sixty (60) days, and that a progress report be submitted in

forty-five (45) days; and to direct the Direct Report Offices to submit the appropriate

administrative analyses to the Tribal Secretary's office within thirty (30) days,

seconded by Tehassi Hill. Motion carried unanimously.

Motion by Lisa Summers to defer the legal and financial analyses to the January 27, 2016,

regular Business Committee meeting, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

C. Petitioner Nancy Barton: To open an Emergency Food Pantry

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM OCTOBER 28, 2015: Motion by David Jordan to accept the

verified petition submitted by Nancy Barton: To open an Emergency Food Pantry; to

send the verified petition to the Law, Finance, Legislative Reference, and Direct

Report Offices for the legal, financial, legislative, and administrative analyses to be

completed; to direct the Law, Finance, and Legislative Reference Offices to submit

the analyses to the Tribal Secretary’s Office within sixty (60) days, and that a

progress report be submitted in forty-five (45) days; and to direct the Direct Report

Offices to submit the appropriate administrative analyses to the Tribal Secretary’s

Office within thirty (30) days, seconded by Fawn Billie. Motion carried unanimously.

Motion by Jennifer Webster to accept the progress report as information and to defer the legal

and financial analyses to the February 24, 2016, regular Business Committee meeting,

seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 7 of 19

Page 20 of 380

DRAFT

UNFINISHED BUSINESS (1:52:14)

A. Approve the finalized Plan of Action related to Rules of Decorum

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to request the

Internal Security Department provide a Plan of Action related to Rules of Decorum

and their enforcement and for the Plan of Action to be presented to the Business

Committee on December 22, 2015, for input and feedback, seconded by Jennifer

Webster. Motion carried unanimously.

Motion by Lisa Summers to have this item be considered in open session, seconded by

Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Councilman Tehassi Hill departs at 3:01 p.m.

Councilman Brandon Stevens departs at 3:05 p.m.

Councilman Tehassi Hill returns at 3:07 p.m.

Councilman Brandon Stevens returns at 3:07 p.m.

Motion by Lisa Summers to accept the Internal Security Department’s recommendations

provided as information, noting that the Chair will select the Sergeant-at-Arms if approved by

General Tribal Council, seconded by Jennifer Webster. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Lisa Summers, Jennifer

Webster

Abstained:

Brandon Stevens

Not Present:

Melinda J. Danforth, David Jordan

XI.

TABLED BUSINESS (No Requested Action)

XII.

NEW BUSINESS (00:51:21)

A. Accept update regarding Tribal ID cards for Age Restricted Products

Sponsor:

Michele Doxtator, Area Manager/Retail Profits

Motion by Lisa Summers to defer this item to the January 13, 2016, regular Business

Committee meeting, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 8 of 19

Page 21 of 380

DRAFT

B. Approve request to post one (1) vacancy on the Oneida Personnel Commission

and for term to be carried out until March 28, 2017

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Fawn Billie to approve the request to post one (1) vacancy on the Oneida

Personnel Commission and for term to be carried out until March 28, 2017, seconded by

Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

C. Accept recommendations from the Legislative Operating Committee regarding

the Cemetery Action Plan

Sponsor:

Brandon Stevens, Councilman

Motion by Lisa Summers to accept the Cemetery Action Plan update dated December 3,

2015, and to request the Legislative Operating Committee revisit this item once the study is

completed, seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Treasurer Trish King departs at 2:26 p.m.

Treasurer Trish King returns at 2:31 p.m.

D. Approve request from Environmental Resource Board to lift the moratorium to

allow access to Where the Waterbirds Nest

Sponsor:

Tehassi Hill, Councilman

Motion by Jennifer Webster to approve the request from the Environmental Resource Board

to lift the moratorium to allow access to Where the Waterbirds Nest and to restrict access on

Adam Drive only, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Motion by Lisa Summers to defer this item to the Environmental Resource Board and

Environmental Health and Safety Department to bring back a plan on how to buffer the area

between the cemetery and the road as information to the Business Committee in thirty (30)

days in order to reconsider the request, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 9 of 19

Page 22 of 380

XIII.

DRAFT

TRAVEL (No Requested Action)

A. Travel Reports

B. Travel Requests

XIV.

REPORTS

A. Operational Reports

1. Accept Emergency Management FY ’15 4th quarter report – Kaylynn

Gresham, Director/Emergency Management

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the

Emergency Management FY ’15 4th quarter report to the December 23, 2015,

regular Business Committee meeting, seconded by Fawn Billie. Motion carried

unanimously.

Item deferred to the January 13, 2016, regular Business Committee at adoption of the agenda.

2. Accept Ombudsman FY ’15 4th quarter report – Dianne McLester-Heim,

Ombudsman

Item deferred to the January 13, 2016, regular Business Committee at adoption of the agenda.

B. Corporate Reports (No Requested Action)

C. Boards, Committees, and Commissions

1. Accept Land Claims Commission FY ’15 4th quarter report – Amelia

Cornelius, Chair

Liaison:

Brandon Stevens, Councilman

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to defer the

Land Claims Commission FY ’15 4th quarter report to the December 23, 2015,

regular Business Committee meeting, seconded by David Jordan. Motion carried

unanimously.

EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to defer the

Land Claims Commission FY ’15 4th quarter report to the December 9, 2015,

regular Business Committee meeting and to have the Liaison follow-up with them

to request somebody to be present, seconded by Brandon Stevens. Motion

carried unanimously.

Item deferred to the January 13, 2016, regular Business Committee at adoption of the agenda.

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 10 of 19

Page 23 of 380

XV.

EXECUTIVE SESSION (1:37:26)

DRAFT

A. Reports

1. Accept Oneida Retail Enterprise FY ’15 4th quarter report – Michele Doxtator,

Area Manager/Retail Profits

Motion by Fawn Billie to defer the Oneida Retail Enterprise FY ’15 4th quarter report to the

January 13, 2016, regular Business Committee meeting, seconded by Lisa Summers. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

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

Motion by Jennifer Webster to accept the Chief Counsel report and to enter the E-poll results

into the record for the approval of authorizing the Oneida Tribe of Indians of Wisconsin to

participate in the amicus brief for the Nebraska v. Parker Appeal, seconded by Brandon

Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

3. Accept Chief Financial Officer report – Larry Barton, Chief Financial Officer

Motion by Lisa Summers to accept the Chief Financial Officer report for December 22, 2015,

seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

4. Accept Intergovernmental Affairs and Communication report – Nathan King,

Director/Intergovernmental Affairs and Communication

Motion by Lisa Summers to accept the Intergovernmental Affairs and Communication report

for December 22, 2015, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Motion by Lisa Summers to approve the 1915 (c) Tribal Waiver Option White Paper,

seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 11 of 19

Page 24 of 380

B. Standing Items

DRAFT

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise – Ladies Professional Golf Association

Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business

Committee meeting, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

C. Audit Committee

Sponsor:

Councilman Tehassi Hill, Chair

1. Accept November 12, 2015, Audit Committee meeting minutes

Motion by Jennifer Webster to accept the November 12, 2015, Audit Committee meeting

minutes, seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

2. Approve Cage/Vault Compliance audit and lift confidentiality requirement to

allow Tribal Members to view the audit

Motion by Lisa Summers to approve the Cage/Vault Compliance audit and to lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Fawn Billie. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

3. Approve Player Tracking Compliance audit and lift confidentiality

requirement to allow Tribal Members to view the audit

Motion by Fawn Billie to approve the Player Tracking Compliance audit and to lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Jennifer

Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Secretary Lisa Summers departs at 2:49 p.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 12 of 19

Page 25 of 380

DRAFT

4. Approve Card Games & Poker Rules of Play audit and lift confidentiality

requirement to allow Tribal Members to view the audit

Motion by Jennifer Webster to approve the Card Games & Poker Rules of Play audit and to lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Fawn

Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, David Jordan, Lisa Summers

5. Approve Craps Rules of Play audit and lift confidentiality requirement to

allow Tribal Members to view the audit

Motion by Jennifer Webster to approve the Craps Rules of Play audit and to lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Brandon Stevens. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, David Jordan, Lisa Summers

6. Approve Blackjack Rules of Play audit and lift confidentiality requirement to

allow Tribal Members to view the audit

Motion by Jennifer Webster to approve the Blackjack Rules of Play audit and to lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Brandon

Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, David Jordan, Lisa Summers

7. Approve Ultimate Texas Hold’em Rules of Play audit and lift confidentiality

requirement to allow Tribal Members to view the audit

Motion by Fawn Billie to approve the Ultimate Texas Hold’em Rules of Play audit and to lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Jennifer

Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, David Jordan, Lisa Summers

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 13 of 19

Page 26 of 380

DRAFT

8. Approve Drop & Count Compliance audit and lift confidentiality requirement

to allow Tribal Members to view the audit

Motion by Jennifer Webster to approve the Drop & Count Compliance audit and to lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi

Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, David Jordan, Lisa Summers

9. Approve Bingo Compliance audit and lift confidentiality requirement to

allow Tribal Members to view the audit

Motion by Jennifer Webster to approve the Bingo Compliance audit and to lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Not Present:

Melinda J. Danforth, David Jordan, Lisa Summers

Secretary Lisa Summers returns at 2:52 p.m.

10. Approve Complimentary Items & Services audit and lift confidentiality

requirement to allow Tribal Members to view the audit

Motion by Jennifer Webster to approve the Complimentary Items & Services audit and to lift

confidentiality requirement to allow Tribal Members to view the audit, seconded by Tehassi

Hill. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Jennifer

Webster

Abstained:

Lisa Summers

Not Present:

Melinda J. Danforth, David Jordan

11. Approve Pari-mutuel Wagering audit and lift confidentiality requirement to

allow Tribal Members to view the audit

Motion by Lisa Summers to approve the Pari-mutuel Wagering audit and to lift confidentiality

requirement to allow Tribal Members to view the audit, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 14 of 19

Page 27 of 380

D. Unfinished Business

DRAFT

1. Accept Update regarding Complaint # 2015-DR13-01

Sponsor:

Fawn Billie, Councilwoman

EXCERPT FROM NOVEMBER 25, 2015: Motion by David Jordan to approve the

extension request for complaint # 2015-DR13-01 to the December 22, 2015,

executive session Business Committee meeting, seconded by Lisa Summers.

Motion carried unanimously.

EXCERPT FROM SEPTEMBER 23, 2015: (1) Motion by Lisa Summers to take

this item from the table, seconded by Fawn Billie. Motion carried unanimously. (2)

Motion by David Jordan to assign Councilwoman Jennifer Webster,

Councilwoman Fawn Billie, and Councilman Tehassi Hill to investigate complaint

# 2015-DR13-01, seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM SEPTEMBER 9, 2015: Motion by Lisa Summers to table this

item, seconded by Brandon Stevens. Motion carried unanimously.

Motion by Jennifer Webster to accept the recommendations provided by the team and to

defer item to Officers for follow-through, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

2. Defer Hospice Advantage Update for twenty-one (21) days

Sponsor:

Jennifer Webster, Councilwoman

EXCERPT FROM OCTOBER 28, 2015: Motion by Lisa Summers to accept the

update and to request the additional information be brought back to the Business

Committee in thirty (30) days, seconded by David Jordan. Motion carried

unanimously.

EXCERPT FROM OCTOBER 14, 2015: Motion by Lisa Summers to defer this

item to Vice-Chairwoman Melinda J. Danforth and Councilwoman Jennifer

Webster, as the Liaisons, for follow-up and to bring back recommendations to the

October 28, 2015, regular Business Committee, seconded by Trish King. Motion

carried unanimously.

Motion by Jennifer Webster to defer this item to the January 13, 2016, regular Business

Committee meeting, seconded by Fawn Billie. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Lisa Summers, Jennifer

Webster

Abstained:

Brandon Stevens

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 15 of 19

Page 28 of 380

DRAFT

3. Defer Finance Committee recommendation regarding Native Diversification

Network – Procurement Technical Assistance Center (NDN-PTAC) donation

request from Minnesota American Indian Chamber of Commerce for sixty

(60) days

Sponsor:

David Jordan, Councilman

EXCERPT FROM NOVEMBER 25, 2015: (1) Motion by Lisa Summers to accept

the request for support and to defer item to the Finance Committee to review the

request; to identify funding source; and to bring back a final recommendation for

the December 23, 2015, regular Business Committee meeting, seconded by

Fawn Billie. Motion carried unanimously. (2) Motion by Lisa Summers to defer this

item to a four (4) member Business Committee team to work with the presenters

on other opportunities NDN-PTAC may be able to provide for the Tribe, seconded

by Jennifer Webster. Motion carried unanimously.

Motion by Jennifer Webster to defer this item to the February 24, 2016, regular Business

Committee meeting, seconded by Brandon Stevens. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

4. Review update regarding September Treasurer’s Report (Preliminary

Revised)

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept the

recommendations and to defer this item to the December 22, 2015, executive

session Business Committee meeting, with a new deadline for material

submission of December 15, 2015, seconded by Fawn Billie. Motion carried

unanimously.

EXCERPT FROM NOVEMBER 25, 2015: Motion by Lisa Summers to request the

Direct Reports submit a written explanation for any positive or negative variance

of $100,000 or more to be due December 2, 2015 for the December 9, 2015,

regular Business Committee meeting, seconded by Jennifer Webster. Motion

carried unanimously.

Motion by Lisa Summers to accept the preliminary information and to require the Direct

Reports be scheduled with the Business Committee in the month of January to provide

additional information on the variances, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 16 of 19

Page 29 of 380

DRAFT

Motion by Lisa Summers to request the Tribal Secretary’s Office to schedule the appointments

appropriately, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Councilwoman Jennifer Webster departs at 3:47 p.m.

5. Defer draft response regarding Complaint # 2015-DR13-02 to the January 13,

2016, regular Business Committee meeting

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept

complaint # 2015-DR13-02 as information and to defer item to the Tribal

Secretary’s Office to bring back a draft response for the December 23, 2015,

regular Business Committee meeting, seconded by David Jordan. Motion carried

unanimously.

Motion by Lisa Summers to defer the draft response regarding Complaint # 2015-DR13-02 to

the January 13, 2016, regular Business Committee meeting, seconded by Fawn Billie. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers

Not Present:

Melinda J. Danforth, David Jordan, Jennifer Webster

6. Accept recommendations for follow-up to Complaint # 2015-CC-13

Sponsor:

Trish King, Tribal Treasurer

EXCERPT FROM DECEMBER 9, 2015: Motion by Lisa Summers to accept

complaint # 2015-CC-13 and to assign Councilwoman Fawn Billie, Councilman

Tehassi Hill, and Treasurer Trish King for follow-up, seconded by David Jordan.

Motion carried unanimously.

Motion by Tehassi Hill to accept the recommendations for Complaint # 2015-CC-13 and to

request a report be brought back to the January 27, 2016, regular Business Committee

meeting, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers

Not Present:

Melinda J. Danforth, David Jordan, Jennifer Webster

Councilwoman Jennifer Webster returns at 3:52 p.m.

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 17 of 19

Page 30 of 380

DRAFT

7. Review update regarding Complaint # 2015-CC-08

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM SEPTEMBER 23, 2015: Motion by Lisa Summers to accept the

verbal update as information, seconded by David Jordan. Motion carried

unanimously.

EXCERPT FROM SEPTEMBER 9, 2015: David Jordan to accept the request and

to assign Secretary Lisa Summers and Councilman David Jordan to conduct

follow-up, seconded by Lisa Summers. Motion carried unanimously.

EXCERPT FROM AUGUST 26, 2015: Motion by Lisa Summers to defer concern

# 2015-CC-08 to the September 9, 2015, regular Business Committee meeting,

seconded by David Jordan. Motion carried unanimously.

Motion by Lisa Summers to accept as information and to defer this item to the Legislative

Operating Committee for implementation. Motion failed for lack of support.

Motion by Trish King to accept the updates as information and to request the recommendation

of the tribal e-mails for the Boards, Committees, and Commissions be included in the

amendments to the Comprehensive Policy Governing Boards, Committees, and Commissions

to the Legislative Operating Committee, seconded by Lisa Summers. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

E. New Business

1. Review request regarding Powwow Committee Contract

Sponsor:

Fawn Billie, Councilwoman

Motion by Fawn Billie to accept as FYI, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

2. Approve request to release information regarding Kellogg Grant to Tribal

Member

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Brandon Stevens to defer to the Tribal Secretary’s Office for follow-up, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 18 of 19

Page 31 of 380

DRAFT

3. Consider payment of Incentive Pay for November 2015

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to accept the request as information and to deny the request,

seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

XVI.

ADJOURN

Motion by Lisa Summers to adjourn at 4:05 p.m., seconded by Jennifer Webster. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Trish King, Brandon Stevens, Lisa

Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented/corrected on ____________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Regular Meeting Minutes DRAFT of December 23, 2015

Page 19 of 19

Page 32 of 380

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

/ 13 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Resolutions

Accept as Information only

Action - please describe:

BC action is needed to approve a resolution for a fee to trust application

3. Supporting Materials

Report

Resolution

Contract

Other:

1. resolution

3. map depicting location of property

2. warranty deed

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Patrick Pelky, Division Director/DOLM

Primary Requestor/Submitter:

Lauren N. Hartman, Realty Specialist Coordinator/DOLM

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Page 33 of 380

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

MEMORANDUM

TO: Oneida Business Committee

FROM: Land Division – Lauren Hartman

DATE: December 18, 2015

RE: Approve fee-to-trust application

Purpose: Business Committee action is needed to approve a fee-to-trust application.

Requested action:

1. To approve the fee-to-trust resolution Fee To Trust Application Property Address: N6600, 6900 Blk of HWY “55”

and W1800, 2000 Blk Culbertson Rd., Oneida

2. To approve the fee-to-trust warranty deed for Property Address: N6600, 6900 Blk of HWY “55” and W1800, 2000

Blk Culbertson Rd., Oneida

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Page 34 of 380

RESOLUTION # __-__-__

Fee to Trust Application for property located at:

N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd.

WHEREAS, the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian

government and a treaty Tribe organized under the laws of the United States of

America; and

WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Tribe of

Indians of Wisconsin; and

WHEREAS, the Oneida General Tribal Council has delegated the authorities of Article IV,

Section I of the Oneida Tribal Constitution to the Oneida Business Committee;

and

WHEREAS, the Oneida Tribe has acquired in fee status property located at N6600, 6900 Blk

of HWY “55” and W1800, 2000 Blk Culbertson Rd. with the following tax parcel

numbers: 17-0-0743-00, 17-0-0746-00, 17-0-0749-00, 17-0-0818-00,

17-0-0817-00, 17-0-0810-00, 17-0-0809-00, 17-0-0822-00, 17-0-0827-00,

17-0-0825-00, 17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00,

17-0-0734-00, 17-0-0729-00, 17-0-0730-00, 17-0-0731-00, 17-0-0745-01; and

WHEREAS, the parcel is described as follows:

Legal Description: See Attached.

Tax Parcel Numbers:

17-0-0743-00, 17-0-0746-00, 17-0-0749-00, 17-0-0818-00, 17-0-0817-00,

17-0-0810-00, 17-0-0809-00, 17-0-0822-00, 17-0-0827-00, 17-0-0825-00,

17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00, 17-0-0734-00,

17-0-0729-00, 17-0-0730-00, 17-0-0731-00, 17-0-0745-01

WHEREAS, the above described parcel is requested in Trust Status to expand the Oneida

Tribal land base and provide existing agricultural land use and will not be used for

gaming purposes, and

WHEREAS, the Oneida Business Committee certifies that the local property taxes will be paid

up to trust placement,

Page 35 of 380

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby requests

that the United States Bureau of Indian Affairs initiate and carry out the process required to place

the above parcels in trust for the Oneida Tribe of Indians of Wisconsin

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the

Oneida Business Committee is composed of 9 members of whom 5 members constitute a

quorum.

members were present at a meeting duly called, noticed and held on the

day of

, 20__; that the foregoing resolution was duly adopted at such meeting by a vote of

members

for; members against, and

members not voting; and that said resolution has not been

rescinded or amended in any way.

Lisa Summers, Tribal Secretary

Oneida Business Committee

Page 36 of 380

WARRANTY DEED

Document Number

This Deed, made between the Oneida Tribe of Indians of Wisconsin, Grantor,

and the United States of America in Trust for the Oneida Tribe of Indians of

Wisconsin, Grantee. Grantor, for a valuable consideration, conveys and

warrants to Grantee the following described real estate in

Outagamie County, State of Wisconsin:

Recording Area

(See attached legal description for property located at N6600, 6900 Blk of

HWY “55” and W1800, 2000 Blk Culbertson Rd. )

This conveyance is made pursuant to the Indian Reorganization Act of 1934

(48 Stat. 984)

This property is not subject to ILHR 67 Rental Weatherization Standards per

Exclusion Code W-3.

Grantor warrants that the title to the real estate is good, indefeasible in fee

simple and free and clear of encumbrances subject to highway rights of way

and easements of record.

Dated this

day of

, 20__.

Name and Return Address:

Oneida Tribe of Indians of Wisconsin

Land Management Division Director

470 Airport Dr.

Oneida, WI. 54155-0365

17-0-0743-00, 17-0-0746-00, 17-0-0749-00,

17-0-0818-00, 17-0-0817-00, 17-0-0810-00,

17-0-0809-00, 17-0-0822-00, 17-0-0827-00,

17-0-0825-00, 17-0-0824-00, 17-0-0812-00,

17-0-0831-00, 17-0-0832-00, 17-0-0734-00,

17-0-0729-00, 17-0-0730-00, 17-0-0731-00,

17-0-0745-01

Parcel Identification Number (PIN)

* Cristina S. Danforth, Oneida Tribal Chairwoman

* Lisa Summers, Oneida Tribal Secretary

* Midwest Regional Director

ACKNOWLEDGMENT

STATE OF WISCONSIN

)

) ss.

County of ______________ )

Approved in accordance with authority delegated at 209

DM 8, 230 DM 1,3 IAM 4

Personally came before me this _____ day of __________, ______

the above named Cristina S. Danforth and Lisa Summers to me

known to be the person(s) who executed the foregoing instrument

and acknowledged the same.

Notary Public, State of Wisconsin.

My Commission is permanent. (If not, state expiration date:

_________________, ______)

THIS INSTRUMENT WAS DRAFTED BY:

Rebecca M. Webster, Staff Attorney

United States Department of the Interior

Bureau of Indian Affairs

Midwest Regional Office

One Federal Drive, Room 550

Fort Snelling, MN 55111

Page 37 of 380

Legal Description for property located at N6600, 6900 Blk of HWY “55” and W1800, 2000 Blk Culbertson Rd.

A parcel of land being all of Government Lot 12, part of Government Lot “A” and part of the Southwest ¼ of the Southwest

¼, all in Section 2, Township 23 North, Range 18 East of the Fourth Principal Meridian, Town of Oneida, Outagamie

County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of said Section 2; thence

N88°34’11”E, 50.01 feet along the South line of the Southwest ¼ of Section 2 to an East right-of-way line of S.T.H. “55”

and the point of beginning; thence N00°29’00”W, 1017.15 feet along said East right-of-way line to the South line of lands

described in Document No. 1612232; thence N88°27’43”E, 145.19 feet along said South line to the East line of said

described lands; thence N00°29’00”W, 300.00 feet along said East line to the North line of the Southwest ¼ of the

Southwest ¼ of Section 2; thence N88°27’43”E, 1122.12 feet along said North line to the West line of Government Lot 12

of Section 2; thence N00°39’44”W, 859.45 feet along said West line to the North line of said Government Lot 12; thence

N88°24’54”E, 1302.67 feet along said North line to the East line of said Government Lot 12; thence S00°05’28”E, 860.69

feet along said East line to the North line of Government Lot 15 of Section 2; thence S88°27’43”W, 597.37 feet along said

North line to the West line of Government Lot 15 as evidenced and occupied; thence S00°07’40”E, 1321.02 feet along said

West line to the South line of the Southwest ¼ of Section 2; thence S88°34’11”W, 1955.75 feet along said South line to the

point of beginning. Subject to all easements and restrictions of record. Reserving that part presently used for road purposes.

Tax parcel numbers: 17-0-0743-00, 17-0-0746-00, 17-0-0749-00

The above parcel is described at Parcel A in a survey prepared by Carow Land Surveying Company, Inc.

AND

A parcel of land being all of Government Lots 4, 5, and 6, part of Government Lots 7, 10, 11, 12, 13, 23, and 24, and part of

the Southwest ¼ of the Northwest ¼ , all in Section 11, Township 23 North, Range 18 East of the Fourth Principal Meridian,

Town of Oneida, Outagamie County, Wisconsin, bounded and described as follows; Beginning at the North ¼ corner of said

Section 11; thence N89°00’59”E, 1139.16 feet along the North line of the Northeast ¼ of Section 11 to the East line of

Government Lot 4 as evidenced and occupied; thence S00°10’50”E, 1317.97 feet along said East line as evidenced and

occupied to the South line of Government Lot 4; thence S88°54’19”W, 518.52 feet along said South line to the East line of

Government Lot 13; thence S00°17’07”E, 1285.94 feet along said East line to the North right-of-way line of Poplar Lane;

thence S88°47’40”W, 618.56 feet along said North right-of-way line; thence S88°34’47”W, 395.91 feet along North

right-of-way line to the West end of Poplar Lane; thence S00°17’32”E, 33.01 feet along said West end to the North line of

Government Lot 21; thence S88°34’47”W, 902.87 feet along said North line to the East line of Government Lot 23; thence

S00°35’44”E, 1147.97 feet along said East line and the East line of Government Lot 24 to the South line of Government Lot

24; thence S88°57’17”W, 1252.67 feet along said South line to the East right-of-way line of S.T.H. “55”; thence

N00°25’51”W, 1148.28 feet along said East right-of-way line; thence N00°23’58”W, 658.39 feet along said East

right-of-way line to the South line of lands described in Volume 517, Page 287; thence N88°34’11”E, 1903.24 feet along

said South line to the East line of said described lands; thence N00°23’58”W, 1972.90 feet along said East line to the North

line of the Northwest ¼ of Section 11; thence N88°34’11”E, 650.57 feet along said North line to the point of beginning.

Subject to all easements and restrictions of record. Reserving that part presently used for road purposes.

Tax parcels numbers: 17-0-0818-00, 17-0-0817-00, 17-0-0810-00, 17-0-0809-00, 17-0-0822-00,

17-0-0827-00, 17-0-0825-00, 17-0-0824-00, 17-0-0812-00, 17-0-0831-00, 17-0-0832-00

The above parcel is described as Parcel B in the survey prepared by Carow Land Surveying Company, Inc.

AND

A parcel of land being all of Government Lots 6, 7, and “B” and part of the Southeast ¼ of the Fractional Northeast ¼, all in

Section 2, Township 23 North, Range 18 East of the Fourth Principal Meridian, Town of Oneida, Outagamie County,

Wisconsin, bounded and described as follows: Beginning at the East ¼ corner of said Section 2; thence S88°59’25”W,

1308.35 feet along the South line of the Southeast ¼ of the Fractional Northeast ¼ of Section 2; thence S88°19’42”W,

Page 38 of 380

1308.35 feet along the South lines of Government Lots 7, 6, and “B” to the West line of Government Lot “B”; thence

N00°08’13”W, 1320.91 feet along said West line to the North line of Government Lot “B”; thence N88°24’27”E, 1311.63

feet along said North line and the North line of Government Lots 6 and 7; thence N88°24’43”E, 981.93 feet along the North

line of the Southeast ¼ of the Fractional Northeast ¼ of Section 2 to the West line of lands described in Document No.

1492360; thence S00°08’57”W, 264.00 feet along said West line to the South line of said described lands; thence

N88°24’43”E, 330.00 feet along said South line to the East line of the Fractional Northeast ¼ of Section 2; thence

S00°08’57”W, 1068.50 feet along said East line to the point of beginning. Subject to all easements and restrictions of record.

Reserving that part presently used for road purposes.

Tax parcel numbers: 17-0-0734-00, 17-0-0729-00, 17-0-0730-00, 17-0-0731-00

The above parcel is described as Parcel D in a survey prepared by Carow Land Surveying Company, Inc.

AND

Lot 2 of Certified Survey Map No. 5412 filed in the office of Register of Deeds Outagamie County, Wisconsin, on the 7 th

day of August, 2006, at 10:26 a.m. in Volume 31 of Certified Survey Maps on Page 5412 as Document No. 1720684, being

all of Government Lot 13 and part of Government Lot 14, all in Section 2, Township 23 North, Range 18 East of the Fourth

Principal Meridian, Town of Oneida, Outagamie County, Wisconsin.

Tax parcel number: 17-0-0745-01

Page 39 of 380

Oneida Reservation

Section Map

T-25

T-24

R-18 R-19

BROWN CO.

R-19 R-20

OUTAGAMIE CO.

T-25

T-24

!il 28 s" 27

T-24

T-23

T-22

T-23

T-22

R-18 R-19

GEOGRAPHIC LAND INFORMATION SYSTEMS

703 Pa.:k<l:land Ill.

GrcalBay,

( 920 ) 496-2007

w""""'*

•

DAIE: 6121101

" IDimDol u.. Oaly "

m.&: I:\ktiaa.Mip.PDF

R-19 R-20

Source: Photography May 10, 2001

Coordinate System: Wisconsin State Pl.a!le, Central Zone

Lambert Projection, U.S. Foot

Horizontal Datum: NAD83

Vertical Datum: NAVD88

Page 40 of 380

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

01 / 13 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Oneida Code Reorganization

Accept as Information only

Action - please describe:

Please review the Oneida Code Reorganization memo, adopting resolution and statement of effect and

consider adopting.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Memo

3. Statement of Effect

2. Resolution

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens/LOC Chairperson

Primary Requestor:

Submitted by: Krystal John, Staff Attorney/Legislative Reference Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Page 41 of 380

Oneida Tribe of Indians of Wisconsin

Legislative Reference Office

P.O. Box 365

Oneida, WT 5415.5

(920) 869-4376

Commi ttee Mem hers

Brandon Stevens, Chairperson

Tehassi HiU, Vjce Cl1airperson

Fawn Billie, Councilmember

David P. Jordan. Councilmember

.Jennifer Webster, Councihnember

(800) 236-2214

http://oneida-nsn.gov/LOC

Memorandum

To:

Oneida Business Committee

Brandon Stevens, LOC ChairpersonL1)S

From:

Date:

January 13, 2016

Rc:

Oneida Code of Laws Reorganization

As the Oneida Tribe continues to amend and develop new legislation through the Legislative Operating

Committee is has become clear that tbe cttrrent organization of our code of laws is not sustainable

moving forwat·d. For example, under our cun·ent organization, we have the capacity to develop a

maximum of 2 more environmental related laws, 3~4 more vehicle related laws, 0 additional property

related laws, 3-4 more familial related laws, a maximum of3 more business related laws.

Based on an LOC work meeting held on December 28, 2015, the LOC proposes a reorganization of the

Tribe's legislative code. The reorganization wiU contain formatting revisions only and will not amend

the content of any existing legislation and therefore is not subject to the requirements of the Legislative

Proced\.U'es Act. However, because certain sections of the current code have been reserved by Oneida

Business Committee resolution~ for example Resolution BC-05- ll - 11-B which reserves the 400-499 for

education related legislation, a Business Committee resolution is required to proceed with the

reorganization.

Moving fotward, we propose organizing our laws into generaL categories called Titles that group related

laws. Each Title will contain individual laws related to similar subject matter; the individual laws will

be called Chapters. Laws will continue to be organized in Sections accordance with Section 16.11-2 of

the Legislative Procedures Act.

For example, under the new organizational system the Property section of our current code would be

reorganized as fo llows:

Title X: Property

Chapter 100:

Chapter 101:

Chapter 102:

Chapter 103:

Chapter 104:

Real Property

Building Code ofthe Oneida Reservation

Condominium Ordinance

Zoning and Shoreland Protection Ordinance

Leasing

As an example, the first Section of the Real Property Law titled ''Purpose and Policf' would be cited as

X O.C. 100 §100-1. The "X" represents the Title number; "O.C." stands for Oneida Code; the "100"

represents the Chapter number; and the ..§ 100-1" represents the Section number.

This reorganization requires a review of ali existing laws for the purpose of updating all references to

current laws' sections, which will be renumbered based on the new organizational system. The attached

Page 1 o£2

Page 42 of 380

resolution directs the LOC to begin reorganizing the code of laws and -to bring lhe Titles forward one at

a time as they are ready to be adopted by the Oneida Business Committee. Because not all of the Titles

will be ready at the same time, the resol ution also requires each Title to be brought forward with a

conversion table to be used as a tool when referencing laws that have not yet been reorganized. The

conversion tahJe will list all sections contained in the law as previously organized and the renumbering

of each section as reorganized under this new system.

Again, tb:is reorganization of the Oneida Code of Laws will contain fmmatting revisions only and will

not amend the content of any existing legislation. In addition to allowing for the continued and

organized development of new Tribal laws, the new system will also be more user friendly as our laws

will now be grouped based on subject matter. The main page of the register will contain a table of

contents that shows all Title and Chapters within the code so that direct links to each law remain on the

main page of the register.

Request Action: Approve the attached BC Resolution which authorizes and directs the LOC to

reorganized the Tribe's Code of Laws as described in this memo.

Page 2 of2

Page 43 of 380

BC Resolution #__-__-__-_

Oneida Code of Laws Reorganization

WHEREAS,

the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government and

a treaty tribe recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of

Wisconsin; 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 current organization of the Oneida Code of Laws is not sustainable moving forward

because there are not adequate chapters reserved to continue developing laws in certain

topic groups such as environmental related laws, familial related laws, property related

laws and business related laws; and

WHEREAS,

moving forward the Legislative Operating Committee (LOC) shall begin a reorganization

of the Oneida Code of Laws; and

WHEREAS,

under the new organization structure laws will be organized into general categories called

Titles that group laws with similar subject matter, the individual laws will be called

Chapters and individual laws will continue to be organized into Sections in accordance

with Section 16.11-2 of the Legislative Procedures Act; and

WHEREAS,

the LOC, via the Legislative Reference Office (LRO), shall conduct a review of all existing

laws for the purpose of updating all references to current laws’ sections, which will be

renumbered based on the new organizational structure; and

WHEREAS,

as each Title is prepared, the LOC shall bring them one-by-one to the Oneida Business

Committee for approval and adoption; and

WHEREAS,

because not all of the Titles will be adopted at the same time, each Title must be brought

forward with a conversion table, which will list all sections contained in the law as it was

previously organized and the renumbering of each section as reorganized under the new

structure, to be used as a tool when referencing laws that have not yet been reorganized;

and

Page 44 of 380

BC Resolution #__-__-__-_

Oneida Code of Laws Reorganization

Page 2 of 2

WHEREAS,

as the new Titles are adopted, the LOC, via the LRO, shall include them on the Oneida

code with links to each law remaining on the main page of the Oneida Register; and

WHEREAS,

this reorganization will contain formatting revisions only and will not amend the content of

any existing legislation and accordingly is not subject to the requirements of the

Legislative Procedures Act; and

WHEREAS,

this Resolution repeals any portions of prior resolutions that conflict with this

reorganizational structure; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee hereby directs the LOC to

begin a reorganization of the Oneida Code of Laws in accordance with this Resolution.

Page 45 of 380

On eid a T rib e of I ndia ns of W is con s in

Legislative Reference Office

Krystal L. Jolm, Staff Attomey

Douglass A. Mcintyre, Staff Attorney

Tanique)le J. Thurner. Legislative Analyst

Maureen Perkins, LTE Legislative Analyst

P.O. Box 365

Oneida, WT 54155

(920) 869-43 7 6

(800) 236-2214

htlps://oneida-nsu.gov/Laws

Statement of Effect

Resolution: Oneida Code of Laws Reorganization

S ummm:y

This Resohttion clirects fue Legislative Operating Committee (LOC) to begin a reorganization of

the Oneida Code of Laws because there are not adequate chapters reserved to continue

developing laws in ce1tain topic groups. The new reorganizational structure will organize the

laws into general categories called Titles that group laws with similar subject matter, the

indjviduallaws will be called Chaptet·s and individual laws will continue to be organized into

Sections in accordance wilh Section 16.11-2 of lhe Legislative Procedures Act.

Submilled by K1ystal L. John, StqffAttarney, Legislative Reference Office

A nalysis from Legislative Referen ce Office

This Resolution wiU require each of the Tribe's Jaws to be re-numbered according to the new

organizational structure. Under the new organization structure, laws wiU be organized into

general categories called Titles that group laws wilh similar subject matter, the individual laws

will be called Chapters and individual laws will continue to be organized into Sections in

accordance with Section 16.11-2 of the Legislative Procedures Act (LPA).

Because many laws reference speci fie sections of laws, the Resolution directs the LOC, via the

Legislative Reference Office (LRO), to conduct a review of all existing laws for the purpose of

updating all references to current laws' sections, which will be renumbered based on the new

organizational structure.

Until all of the laws are reorganized, the references in laws to specific sections of the law may

not be accmate, however the 1·esolution requires that each Title must be brought forwatd with a

conversion table, which will list all sections contained in the law as it was previously organized

and the renumbering of each section as reorganized under the new structure, to be used as a tool

when referencing laws that have not yet been reorganized.

As the new Titles are adopted, the LOC. via the LRO, shall include them on the Oneida Register

in the fonnat of a table of contents -Ulal shows all Titles and Chapters within the code with links

to each law remaining on the main page of the Oneida Register. This aligns wilh the LOC

responsibilities for maintaining the Oneida Register as required by U1e LP A.

Page 1 of2

Page 46 of 380

This reorga11ization will contain fmmatting revisions only and will not amend the content of any

existing legislation and accordingly the format changes to the Jaws are not subject to the

requirements of the Legislative Procedures Act.

FinaUy, the Resolution repeals any portions of prior resolutions that conflict with this

reorganizational structure, so previous Business Committee resolution that set aside certain.

chapter of the code to be reserved for the development of a grouping of law

no longer be in

effect.

Conclusion

Adoption ofthis Resolution would not conflict with Tribal law.

Page 2 of2

Page 47 of 380

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

01 / 13 / 16

2. General Information:

Session:

Open

Agenda Header:

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

Public Use of Tribal Land Amendments

Accept as Information only

Action - please describe:

Please review the Public Use of Tribal Land permanent amendments adoption packet and consider adopting

the permanent amendments.

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Memo

3. Redline Draft w/ Analysis and Clean Draft

2. Resolution and Statement of Effect

4. Fiscal Impact Statement

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens/LOC Chairperson

Primary Requestor:

Laura Manthe/Environmental Resource Board

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Submitted by: Krystal John, Staff Attorney/Legislative Reference Office

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Page 48 of 380

Oneida Tribe of Indians of Wisconsin

Committee Members

Legislative Reference Office

P.O. Box365

Brandon Stevens,' Chairperson

Tehassi Hill, Vice Chairperson

Fawn Billie, Councilmember

David P. Jordan, Councllmember

Jennifer Webster, Councilmember

Oneida, WI.54155

(920) 869-4376

(800) 236-2214

http://oneida-nsn.gov/LOC

Memorand um

Oneida Business Committee

To:

From:

Brandon Stevens, LOC Chairpersott==f ) 5

Date:

January 13, 2016

Public Use of Tribal Lands Law Permanent Amendments

Re:

Please fmd the following attached backup documentation for your consideration of the Public Use of

Tribal Land Emergency Amendments:

Resolution: Public Use of Tribal Land Permanent Amendments

Statement ofEffect: Public Use of Tribal Land Permanent Amendments

Public Use ofTribal Land Permanent Amendments (redline with analysis)

Public Use of Tribal Land Permanent Amendments (clean)

Public Use of Tribal Land Fiscal Impact Statement

Overview

This Resolution adopts permanent amendments to the Public Use Tribal Land Law (Law), which was

adopted throughresolutiort BC-05-15-14-D and thereafter amended through resolution BC-12-10-14-A.

This Law enables the Tribe to fine individuals who improperly access, use and/or trespass on Tribal

lands. ERB has created a Land Access Map which has designated Tribal lands as Linrited Access,

Oneida Community Access, Oneida Tribal Member Access and Open Access. While the Law currently

gives ERB the authority to restrict access based on the land's designation, it does not grant ERB the

authority to regttlate the use of such land, regardless of designation, and thereby prevents enforcement of

rules intended to regulate the use of public spaces, an example of which is Oneida Lake.

Emergency amendments to this Law were passed on July 8, 20 15 which specifically allowed ERB to

prescribe permissible and/or prohibited uses for tribal land that it designates as Oneida Community

Access, Oneida Tribal Member Access or Open Access, provided that such uses do not contradict the

Zoning and Shoreland Protection Ordinance. The emergency amendments also required ERB to report

the prescribed pennissible and/or prohibited uses to the Oneida Business Committee and to post the uses

on the affected tribal lands. These amendments expire January 8, 2015.

The permanent amendments include those amendments previously addressed in the emergency

amendments. They also require ERB to accept written comments as part of its public meeting process

and update the citation hearing process so that ERB uses the same process for all hearings it holds.

ERB's revised citation schedule which included citations based on Section 38.4-l(g) authorizing ERB to

prescribe permissible or prohibited uses for tribal land that it designates as Oneida Community Access,

Oneida Tribal Membet· Access or Open Access was adopted by BC Resolution 07-08-15-B.

Page 1 of2

Page 49 of 380

In accordance with the Legislative Procedures Act, a public meeting was held regarding these

amendments on October 29, 2015 and the comments received during that process were consider by the

LOC at a work meeting bcld on November 23, 2015.

Upon adoption of these permanent amendments, ERB will retain the authority granted by the

Emergency Amendments to prescribe permissible and prohibited uses. In addition, the revisions to the

hearing process allow ERB to use a single process for aU of its hearings and the revjsions to the public

meeting requirements align ERB's process with the Legislative Procedures Act by requiring ERB to

accept written comments.

Requested Action

Approve the Resolution: Public Use of Tribal Land Law Permanent Amendments

Page 2 of2

Page 50 of 380

BC Resolution # __-__-__-_

Public Use of Tribal Land Law Permanent Amendments

WHEREAS,

the Oneida Tribe of Indians of Wisconsin is a federally recognized Indian government and

a treaty tribe recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Tribe of Indians of

Wisconsin; 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 Business Committee adopted the Public Use of Tribal Land Law (Law)

through resolution BC-05-15-14-D and amended it through resolution

BC-12-10-14-A; and

WHEREAS,

the Land Access Map, required under the Law, has been adopted by the Environmental

Resource Board and designates the Tribe’s land as Limited Access, Oneida Community

Access, Oneida Tribal Member Access, and Open; and

WHEREAS,

the land designations prohibit certain individuals from accessing Tribal land if the land is

designated as Limited Access, Oneida Community Access, or Oneida Tribal Member

Access; and

WHEREAS,

the Law does not specify any permissible and/or prohibited uses for these lands and

does not designate any entity the authority to implement permissible and/or prohibited

uses on these lands; and

WHEREAS,

in order to preserve the lands for the use and enjoyment of all authorized individuals,

emergency amendments were passed by Resolution BC-07-08-15-C which enable the

Environmental Resource Board to prescribe permissible and/or prohibited uses for these

lands; and

WHEREAS,

these emergency amendments expire January 8, 2016 pursuant to the Legislative

Procedures Act which authorizes the Oneida Business Committee to enact legislation on

an emergency basis, to be in effect for a period of six (6) months, renewable for an

additional six (6) months; and

WHEREAS,

permanent amendments to the Public Use of Tribal Land Law are necessary in order to

preserve the Environmental Resource Board’s ability to prescribe permissible and/or

prohibited uses for Tribal land that it designates as Oneida Community Access, Oneida

Tribal Member Access or Open Access; provided that such permissible and/or prohibited

uses may not contradict with the Zoning and Shoreland Protection Ordinance; and

Page 51 of 380

BC Resolution # __-__-__-_

Public Use of Tribal Land Law Permanent Amendments

Page 2 of 2

WHEREAS,

the permanent amendments also revise to the citation hearing procedure so that the

same hearing procedure is used for all prehearings and hearings conducted by the

Environmental Resource Board; and

WHEREAS,

a public meeting on the proposed amendments was held on October 29, 2015 in

accordance with the Legislative Procedures Act.

NOW THEREFORE BE IT RESOLVED, that the permanent amendments to the Public Use of Tribal Land

Law are hereby adopted.

Page 52 of 380

Oneid a T ribe of Indian s of W i.s con s in

Legislative Reference Office

P.O. Box 365

Oneida, Wl 54155

(920) 869-4376

(800) 236-2214

https://oneida-nsn.gov/ Laws

K.rystal L. John, Staff Attorney

Douglass A. Mcintyre, Staff Attorney

Taniquelle J. Thurner, Legislative Analyst

Maureen Perkins, LTE, Legislative Analyst

Statement of Effect

Resolution: Public Use o.fTribal Land Permanent Amendments

Summmy

This Resolution adopts permanent amendments to the Public Use of Tribal Land Law to allow

the Environmental Resomce Board (ERB) to prescribe permissible and/or prohibited uses for

tribal land that bas been designated as Oneida Community Access, Oneida Tribal Member

Access or Open Access, provided that such uses do nol contradict with the Zoning and Shoreland

Protection Ordinance. The emergency amendments also require ERB to report the presc1ibed

permissible and/or prohibited uses to the Oneida Business Committee and to post the uses on the

affected tribal lands. Additionally~ the permanent amendments require ERB to accept -.vritten

comments as part of its public meeting process and update the citation hearing process so that

ERB uses the same process for all hearings it holds.

Submil/ed by K1ysta/ L. John, StaffAttorney, Legislative Reforence Office ~

A mtlysisfrom Legislative Re.fereuce Office

This Resol.ution adopts permanent amendments to the PubJic Use Tribal Land L aw (Law), which

was adopted thro·ugh resolution BC-05-15-14-D and thereafter amended through resolution BC12-1 0-14-A. This Law enables the Tribe to fine ind ivjduals who improperly access, use and/or

trespass on Tribal lands. ERB has created a Land Access Map which has designated Tribal lands

as Limited Access, Oneida Community Access, Oneida Tribal Member Access and Open

Access. While the Law currently gives ERB the authority to restrict access based on the land's

designation, it does not grant ERB the authority to regulate the use of such land, regardless of

designation, and thereby prevents enforcement of rules intended to regltlate fue use of public

spaces, an example of which is Oneida Lake.

Emergency amendments to this Law were passed on July 8, 2015 which specifically allowed

ERB to prescribe permissible and/or prohibited uses for tribal land that it designates as Oneida

Community Access, Oneida Tribal Member Access or Open Access, provided 1hat such uses do

not contraclict the Zoning and Shoreland Protection Ordinance. The emergency amendments

also required ERB to report the prescribed permissible and/or prohibited uses to the Oneida

Business Committee and to post the uses on the affected lriballands. These amendments expire

January 8, 2015.

The pennanent amendments include those amendments previously addressed in the emergency

Page 1 of2

Page 53 of 380

amendments. They also require ERB to accept written comments as part of its public meeting

process and update the citation hearing process so that ERB uses the same process for all

hearings it holds.

ERB's revised citation schedule which included citations based on Section 38.4-l(g) authorizing

ERB to prescribe permissible or prohibited uses for tribal land that it designates as Oneida

Commtmity Access, Oneida Tribal Member Access or Open Access was adopted by BC

Resolution 07-08-15-B.

Therefore, upon adoption of these permanent amendments, ERB will have both the authority to

prescribe permissible and prohibited uses and the tools required to enforce such prescriptions,

provided that notice has been provided to the public by posting such permissible and prohibited

uses on the affected tribal lands.

Conclusion

Adoption ofthls Resolution would not conflict with Tribal law.

Page 2 of2

Page 54 of 380

Draft 2 – Redline to Current - For OBC Consideration

2016 01 13

CHAPTER 38

PUBLIC USE OF TRIBAL LAND

38.5. Land Access Map

38.6. Trespass

38.7. Violations and Appeals

38.1. Purpose and Policy

38.2. Adoption, Amendment, Repeal

38.3. Definitions

38.4. Environmental Resource Board

Title

Requester

Reason for

Request

Purpose

Authorized/

Affected

Entities

Due Process

Legislation

Policy

Mechanism

Enforcement

Analysis by the Legislative Reference Office

Public Use of Tribal Land

ERB

Drafter Krystal John Analyst Candice E. Skenandore

Give the Environmental Resource Board the authority to determine what actions are

allowed or not allowed on designated Tribal properties.

The purpose of this Law is to prevent improper access, use and trespass to Tribal lands

Environmental Resource Board or its designated staff, Conservation Warden, Oneida

Police Department, Oneida Environmental Health and Safety Division, the Oneida

Division of Land Management, Geographic Land Information Systems and

anyone accessing Tribal land.

A person receiving a citation can appeal to ERB; if the person is dissatisfied with ERB’s

decision, he/she can appeal to the Tribe’s judicial system [See 38.7-2 &38.7-3].

Zoning and Shoreland Protection Ordinance

A person that violates this Law may be issued a citation, as well as be responsible for

hearing costs and penalties [See 38.7-1].

ERB has the duty and power to carry out this Law and enforce the provisions of this

Law [See 38.4-1].

Overview

According to the Environmental Health and Safety Division and the Environmental

Resource Board, people have been camping and/or consuming alcohol at the Oneida Lake. It is

because of these actions that the Environmental Resource Board (ERB) requested emergency

amendments to the Public Use of Tribal Land Law (Law). The Oneida Business Committee

adopted the emergency amendments on July 8, 2015. These amendments are now being

considered as permanent amendments. The amendments include the following:

 The definition section has been expanded to include “fine” and “penalty” [See 38.3-1 (b)

& (e)].

 ERB or its designated staff has the authority to prescribe permissible and/or prohibited

uses, as deemed necessary, for property designated as Oneida Community Access,

Oneida Tribal Member Access or Open Access, provided that the permissible and/or

prohibited uses do not contradict with the Zoning and Shoreland Protection Ordinance

[See 38.4-1 (g)].

 ERB must also notify the Oneida Business Committee of the permissible and/or

prohibited uses and must post notice of such uses on the affected Tribal land [See 38.4-1

(g)].

 ERB must accept oral comments at the public hearing and accept written comments

which can be submitted up to five business days from the date of the public hearing [See

38.5-5 (b) (1) (C)].

 The citation hearing process within this Law has been amended to coincide with how

ERB will hold hearings in other Tribal laws such as the proposed Hunting, Fishing and

38-1

Page 55 of 380

Draft 2 – Redline to Current - For OBC Consideration

2016 01 13

Trapping Law and the proposed Domestic Animals Law [See 38.7-2]. Therefore, a

hearing is no longer required to take place within five business days after the citation is

issued; instead, a prehearing date must be set for the next scheduled monthly prehearing

date, which is at least 30 days after the citation is issued [See 38.7-2].

Miscellaneous

A public meeting was held on October 29, 2015. Additional minor language changes

have been made to the Law which do not affect the content. For any financial impacts, please

refer to the fiscal impact statement.

38.1. Purpose and Policy

38.1-1. Purpose. The purpose of this Law is to prevent improper access, use and

trespassTrespass to Tribal landsLands.

38.1-2. Policy. It is the policy of the Tribe to limit access to Tribal landLands to protect and

preserve the environment and natural resources including forests, wildlife, air and waters,

through appropriate uses of the land.

38.2. Adoption, Amendment, Repeal

38.2-1. This Law was adopted by the Oneida Business Committee by resolution BC-05-15-14-C

and amended by BC-12-10-14-A.

38.2-2. This Law may be amended or repealed by the Oneida Business Committee pursuant to

the procedures set out in the Legislative Procedures Act.

38.2-3. Should a provision of this Law or the application thereof to any personPerson or

circumstances be held as invalid, such invalidity shalldoes not affect other provisions of this Law

which are considered to have legal force without the invalid portions.

38.2-4. In the event of a conflict between a provision of this Law and a provision of another law,

the provisions of this Law shall controlcontrols.

38.2-5. This Law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

38.2-6. This Law shallmay not be construed to preclude the Tribe from pursuing relief for

criminal trespassTrespass under applicable law.

38.3. Definitions

38.3-1. This section shall governgoverns the definitions of words and phrases used within this

Law. All words not defined herein shallare to be used in their ordinary and everyday sense.

(a)

“Designation” means the term used to describe the type of access granted

to certain Tribal landsLands.

(b) (b)

“Fine” means a monetary punishment issued to a person violating this

Law and/or the Rules created pursuant to this Law, which is payable to ERB or the

Department within the amount of time designated by the Rules.

the Tribe and any personPerson to allow the use of Tribal landsLands.

“Person” means any individual, group of individuals, corporation,

partnership, limited liability company, or any other form of business organization.

(d) (e)

“Penalty” means a punishment, other than a Fine, imposed on a person

violating this Law and/or the Rules created pursuant to this Law and may include, but is

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not limited to, the confiscation of equipment, the imposition of a Wildlife protection

assessment (civil recovery value), and restitution.

(f) “Reservation” means all the lands and waters within the exterior boundaries of the

Reservation of the Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838

Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law.

(e) g)

“Trespass” means the unauthorized use or entry on Tribal landsLands,

including unauthorized uses under a Tribal law, permit or leaseLease.

(f) h)

“Tribal” or “Tribe” means the Oneida Tribe of Indians of Wisconsin.

(g) i)

“Tribal landLand” means all Tribal trust lands, and any land or interest in

land held by the Oneida Tribe in fee or in any other form on the Reservation.

38.4. Environmental Resource Board

38.4-1. The Environmental Resource Board shall havehas the duty and power to carry out the

intent and purposes of this Law and enforce the provisions of this Law. The Environmental

Resource Board, or its designated staff, shall:

(a) Develop, approve and maintain the Land Access Map.

(b) Hold public hearings on proposed amendments to the Land Access Map.

this Law.

(d) Impose hearing costs and restitution against the personPerson for damages caused by

a violation of this Law.

(e) Determine which Tribal landLand will be posted and ensure the appropriate signs are

posted.

(f) Implement and interpret the provisions of this Law.

(g) As it deems appropriate, prescribe permissible and/or prohibited uses for Tribal Land

that it designates as Oneida Community Access, Oneida Tribal Member Access or Open

Access, provided that such permissible and/or prohibited uses may not contradict with the

Zoning and Shoreland Protection Ordinance. Upon establishment of permissible and/or

prohibited uses, the Environmental Resource Board shall notify the Oneida Business

Committee of the permissible and/or prohibited uses and shall post notice of such uses on

the affected Tribal Land.

38.5. Land Access Map

38.5-1. Designation of Tribal Lands. A Land Access Map shallmust be created which

designates Tribal landLand as one (1) of the following:

(a) Limited Access: Lands designated as “Limited Access” shall beare open to all

personsPersons who are granted land access permission by the Tribe through a permit or

leaseLease for specified purposes. The Environmental Resource Board may choose to

designate a portion of land as Limited Access in order to manage, preserve and protect

that land for environmental, cultural or other significance.

(b) Oneida Community Access: Lands designated as “Oneida Community Access” shall

beare open to Tribal members, and their spouses and descendants; members of other

federally recognized Indian tribes, bands or communities; authorized employees of the

Tribe; and personsPersons who are accompanied at all times by a Tribal member, the

spouse or descendant of a Tribal member, or an authorized employee of the Tribe.

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(1) A Conservation Warden or Oneida Police Officer may require a personPerson

to demonstrateprovide proof of eligibility to use Oneida Community Access

lands.

(2) The Environmental Resource Board may choose to designate land as Oneida

Community Access in order to manage, preserve and protect access to locations

that have cultural or environmental significance.

Access” shall beare open to Tribal members only. The Environmental Resource Board

may designate land as Oneida Tribal Member Access to protect the land for Tribal

member use due to the historical, spiritual, cultural and/or environmental significance of

the land.

(d) Open: Lands designated as “Open Access” shall beare generally open to all

personsPersons for the land’s designated use and enjoyment. The Environmental

Resource Board may designate land as Open Access where such designationDesignation

is deemed beneficial to the Tribe and where such designationDesignation does not pose

significant risk of damage to the policies of the Tribe and/or the land’s cultural or

environmental preservation.

38.5-2. Notwithstanding the restrictions of 38.5-1, nothing in this Law shallmay be construed as

preventing the following personsPersons from entering Tribal landLand, regardless of the land

designationDesignation:

(a) Employees of the Tribe who are performing their job duties;

(b) Those personsPersons who are performing grant or contractual obligations related to

the Tribal landLand and on behalf of the Tribe;

(d) Those personsPersons who have been granted access to the land by the

Environmental Resource Board.

38.5-3. Development of the Land Access Map. The Environmental Resource Board shall

develop the Land Access Map in coordination with the Oneida Environmental Health and Safety

Division, the Oneida Division of Land Management, Geographic Land Information Systems and

other such designated agencies of the Tribe. The Environmental Resource Board shall adopt the

initial Land Access Map.

38.5-4. General Land Designation. Unless otherwise designated, Tribal Land shall beis

designated as Limited Access.

38.5-5. Amending the Land Access Map. The Environmental Resource Board may, from time to

time, in the manner hereafter set forth, amend the Land Access Map, provided that due

consideration shallmust be made for the intent and purposes of the designationDesignation.

(a) Amendments may be proposed by any personPerson by filing an application with the

Environmental Resource Board in such format and accompanied by such information as

required by the Board.

(b) Public Hearing. The Environmental Resource Board shall hold a public hearing on

each application to amend the Land Access Map.

(1) The Environmental Resource Board shall set a date for the public hearing and

meet the notice requirements of the public hearing as soon as possible after the

filing of the application is complete.

(A)

Notice. Not less than ten (10) business days and not more than

thirty (30) business days prior to the public hearing, notice, including the

time, place and purpose of the public hearing, shallmust be:

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(i) published in the Tribal newspaper; and

(ii)

mailed to all owners of land located within twelve hundred

(1,200) feet of the outer boundaries of the land that is the subject of

the public hearing.

(B)

Any personPerson who cannot attend the public hearing may be

represented by an agent, advocate or attorney at the public hearing.

In addition to accepting oral comments at the public

meeting, the Environmental Resource Board shall also accept written

comments, which must be submitted within five (5) business days of the

date of the public meeting.

(D) The Environmental Resource Board shall issue a decision or

recommendation regarding amendments to the Land Access Map within

seven (7) business days after the public hearing is held.

(2) The Environmental Resource Board together with the Environmental Health

and Safety Division shall, after holding a public hearing and reviewing any

comments received, make written findings of fact and determine whether to

amend the Land Access Map.

(3) The Environmental Resource Board shall make findings based upon the

evidence presented to it with respect to the following matters:

(A) Existing uses of the land and buildings within the general area of the

land in question.

(B) Suitability of the land in question to the uses permitted under the

existing Land Access Map.

(4) The Environmental Resource Board shallmay not amend the Land Access

Map unless it finds that adopting such amendment is in the Tribe’s best interest

and is not solely for the interest of the applicant.

Land Access Map; however, amendments shallmust require a two-thirds (2/3) vote of the

Environmental Resource Board if a written protest against any amendment is presented to

the Environmental Resource Board and is signed by:

(1) the lessees, assignees and owners of at least twenty percent (20%) of the acres

of land included in such amendment; or

(2) the lessees, assignees and owners of at least twenty percent (20%) of the land

immediately adjacent to the land included in such amendment, extending in a

radius of twelve hundred (1,200) feet of the outer boundaries of the land.

38.6. Trespass

38.6-1. A person trespassesPerson Trespasses if the personPerson enters or otherwise occupies

Tribal landLand and:

(a) Refuses to leave land to which the personPerson has no reasonable claim or right of

possession when requested to do so.

(b) Enters upon such land after being noticed by the landowner or occupant that

permission for the personPerson to enter such land does not exist, or has been expressly

denied or revoked. A personPerson has been noticed that permission by the landowner or

occupant for such personPerson to enter such land does not exist if he or she has been

notified publicly, by publication of the Land Access Map on the Tribal website and/or in

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the Tribal newspaper, or if the land is posted. Land is considered to be posted if one (1)

of the following requirements is met:

(1) A sign at least eleven (11) inches square is placed in at least two (2)

conspicuous places for every forty (40) acres of land to be protected. The sign

shall provide an appropriate notice and the name of the personPerson giving the

notice, followed by the word “owner” if the personPerson is the holder of legal

title to the land or by the word “occupant” if the personPerson is a lawful

occupant of the land, but not the holder of legal title.

(2) Markings at least one (1) foot long and, in a contrasting color, the phrase

“private land” and the name of the owner, are made in at least two (2)

conspicuous places for every forty (40) acres of land.

or as otherwise required under applicable law:1

(1) Destroys land, waters, livestock, poultry, buildings, equipment, or any

property without consent or permission.

(2) Cuts or destroys any wood, timber, plant, vegetation, or crop standing on the

land, or carries away any wood, timber, plant, vegetation or crop on the land.

(3) Engages in any act, or attempted act of hunting, trapping or fishing.

(4) Digs, takes, or carries away earth, soil, minerals, cultural resources, or any

other property.

(5) Erects, puts up, fastens, prints, or paints upon another’s property, notices,

advertisements, signs or other writing designed to communicate to the general

public.

(6) Parks or drives any vehicle on the land.

(7) Permits or allows livestock or any domesticated animal to enter upon or

remain upon the land.

(8) Uses or possesses leasedLeased or subleasedsub-Leased lands beyond the

possessory rights granted by such leaseLease or subleasesub-Lease.

(9) Dumps, deposits, places, throws, burns, emits or leaves rubbish, refuse,

debris, substances, or other objects upon a highway, road, air, waters or any land.

38.7. Violations and Appeals

38.7-1. Issuance of a Citation. Any personPerson who violates any provision of this Law shall

beis guilty of a civil infraction, and shallmay be issued a citation, in writing, by a Conservation

Warden or Oneida Police Officer. The issuance of a citation or fineFine under any other law

relating to the same or any other matter shalldoes not preclude the issuance of a citation under

this Law.

(a) The Oneida Business Committee, upon recommendation of the Environmental

Resource Board, shallmay adopt a citation schedule.

Current Tribal laws that authorize conduct described in 38.6-1(c): Chapter 12, Protection and Management of

Archeological and Historical Resources; Chapter 34, Oneida Tribal Regulation of Domestic Animals Ordinance;

Chapter 40, Tribal Environmental Response Law; Chapter 42, Wood Cutting Ordinance; Chapter 44, Recycling and

Solid Waste Disposal; Chapter 45, Hunting, Fishing and Trapping Law; Chapter 49: All-Terrain Vehicle Law;

Chapter 69, Zoning and Shoreland Protection Law.

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(b) The citation shall specify the date, time and place of the hearing to contest the

citation. The hearing shall take place at least five (5) business days after the citation is

issued.

addition to the citation and associated Fine, impose hearing costs and restitutionPenalties

against the personPerson for damages caused by a violation of this Law.

38.7-2. Citation Hearing. Any person All citations issued a citation under pursuant to this Law

may contest the citation by attending a hearing beforemust include a Prehearing date which must

be set for the next scheduled monthly Prehearing date that is at least thirty (30) days after the citation

was issued. Persons wishing to contest a citation must appear at the Prehearing, at which time the

Environmental Resource Board. The person may appear in person, or be represented by an agent,

advocate or attorney.

(a) If the person does not wish to shall accept pleas which either contest or admit

committing the act for which the citation, he or she shall pay the citation by the hearing

date specified on the citation.

(b) After the hearing, the was issued. The Environmental Resource Board shall:

(1) determine whether the person is responsible for the citation, schedule a

Hearing as was issued;

(2) determine whether to impose hearing costs and/or restitution against the

person for the valueexpeditiously as possible, provided that it must be scheduled

within ninety (90) days of any damage caused by a violationthe date of this Law;

and

(3) set a new date the Prehearing, for when the citation, hearing costs and/or restitution shall be

paid, if necessaryall persons entering a plea contesting the fact that they committed the act for which

a citation was issued. In addition to scheduling requested Hearings, the Environmental Resource

Board may also make conditional orders at the Prehearing which are effective until the matter is

resolved.

violation of this Law.(a) The Environmental Resource Board shall conduct Prehearings and

Hearings in accordance with its bylaws and any other applicable regulations, standard

operating procedures, Rules, laws or policies governing Tribal administrative hearings.

(b) Community Service. Community service may be substituted for Fines at the

Environmental Resource Board’s discretion, provided that, if so substituted, the Board shall

use the rate of one (1) hour per ten dollars ($10) of the Fine.

Board or its designee, the proceeds of which must be contributed to General Fund.

(d) The Environmental Resource Board may pursue payment from parties who have failed to

makes the required payments through the garnishment process contained in the Garnishment

Law and/or by attaching the judgment to a Tribal Member’s per capita payment pursuant to

the Per Capita Law.

(d) Community Service. Community service may be substituted for monetary Fines and

Penalty assessments at ERB’s discretion, provided that if so substituted, ERB shall use the

rate of one (1) hour per ten dollars ($10) of the Fine or Penalty assessment.

(e) Any person wishing to contest ERB’s determination related to a contested citation may

appeal the applicable determination to the Judiciary’s Court of Appeals in accordance with

the Rules of Appellate Procedure, provided that the appeal must be filed within thirty (30)

days of the date of the Environmental Resource Board’s determination.

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38.7-3. Appeals from the Environmental Resource Board Decision. Any party of interest may

appeal a decision of the Environmental Resource Board to the Tribe’s judicial system.

End.

Adopted – BC-05-15-14-C

Emergency Amended – BC-07-23-14-C

Amended – BC-12-10-14-A

Emergency Amended – BC 07-08-15-C

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CHAPTER 38

PUBLIC USE OF TRIBAL LAND

38.5. Land Access Map

38.6. Trespass

38.7. Violations and Appeals

38.1. Purpose and Policy

38.2. Adoption, Amendment, Repeal

38.3. Definitions

38.4. Environmental Resource Board

38.1. Purpose and Policy

38.1-1. Purpose. The purpose of this Law is to prevent improper access, use and Trespass to

Tribal Lands.

38.1-2. Policy. It is the policy of the Tribe to limit access to Tribal Lands to protect and

preserve the environment and natural resources including forests, wildlife, air and waters,

through appropriate uses of the land.

38.2. Adoption, Amendment, Repeal

38.2-1. This Law was adopted by the Oneida Business Committee by resolution BC-05-15-14-C

and amended by BC-12-10-14-A.

38.2-2. This Law may be amended or repealed by the Oneida Business Committee pursuant to

the procedures set out in the Legislative Procedures Act.

38.2-3. Should a provision of this Law or the application thereof to any Person or circumstances

be held as invalid, such invalidity does not affect other provisions of this Law which are

considered to have legal force without the invalid portions.

38.2-4. In the event of a conflict between a provision of this Law and a provision of another law,

the provisions of this Law controls.

38.2-5. This Law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of Wisconsin.

38.2-6. This Law may not be construed to preclude the Tribe from pursuing relief for criminal

Trespass under applicable law.

38.3. Definitions

38.3-1. This section governs the definitions of words and phrases used within this Law. All

words not defined herein are to be used in their ordinary and everyday sense.

(a) “Designation” means the term used to describe the type of access granted to certain

Tribal Lands.

(b) “Fine” means a monetary punishment issued to a person violating this Law and/or the

Rules created pursuant to this Law, which is payable to ERB or the Department within

the amount of time designated by the Rules.

the Tribe and any Person to allow the use of Tribal Lands.

(d) “Person” means any individual, group of individuals, corporation, partnership, limited

liability company, or any other form of business organization.

(e) “Penalty” means a punishment, other than a Fine, imposed on a person violating this

Law and/or the Rules created pursuant to this Law and may include, but is not limited to,

the confiscation of equipment, the imposition of a Wildlife protection assessment (civil

recovery value), and restitution.

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(f) “Reservation” means all the lands and waters within the exterior boundaries of the

Reservation of the Oneida Tribe of Indians of Wisconsin, as created pursuant to the 1838

Treaty with the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law.

(g) “Trespass” means the unauthorized use or entry on Tribal Lands, including

unauthorized uses under a Tribal law, permit or Lease.

(h) “Tribal” or “Tribe” means the Oneida Tribe of Indians of Wisconsin.

(i) “Tribal Land” means all Tribal trust lands, and any land or interest in land held by the

Oneida Tribe in fee or in any other form on the Reservation.

38.4. Environmental Resource Board

38.4-1. The Environmental Resource Board has the duty and power to carry out the intent and

purposes of this Law and enforce the provisions of this Law. The Environmental Resource

Board, or designated staff, shall:

(a) Develop, approve and maintain the Land Access Map.

(b) Hold public hearings on proposed amendments to the Land Access Map.

this Law.

(d) Impose hearing costs and restitution against the Person for damages caused by a

violation of this Law.

(e) Determine which Tribal Land will be posted and ensure the appropriate signs are

posted.

(f) Implement and interpret the provisions of this Law.

(g) As it deems appropriate, prescribe permissible and/or prohibited uses for Tribal Land

that it designates as Oneida Community Access, Oneida Tribal Member Access or Open

Access, provided that such permissible and/or prohibited uses may not contradict with the

Zoning and Shoreland Protection Ordinance. Upon establishment of permissible and/or

prohibited uses, the Environmental Resource Board shall notify the Oneida Business

Committee of the permissible and/or prohibited uses and shall post notice of such uses on

the affected Tribal Land.

38.5. Land Access Map

38.5-1. Designation of Tribal Lands. A Land Access Map must be created which designates

Tribal Land as one (1) of the following:

(a) Limited Access: Lands designated as “Limited Access” are open to all Persons who

are granted land access permission by the Tribe through a permit or Lease for specified

purposes. The Environmental Resource Board may choose to designate a portion of land

as Limited Access in order to manage, preserve and protect that land for environmental,

cultural or other significance.

(b) Oneida Community Access: Lands designated as “Oneida Community Access” are

open to Tribal members, and their spouses and descendants; members of other federally

recognized Indian tribes, bands or communities; authorized employees of the Tribe; and

Persons who are accompanied at all times by a Tribal member, the spouse or descendant

of a Tribal member, or an authorized employee of the Tribe.

(1) A Conservation Warden or Oneida Police Officer may require a Person to

provide proof of eligibility to use Oneida Community Access lands.

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(2) The Environmental Resource Board may choose to designate land as Oneida

Community Access in order to manage, preserve and protect access to locations

that have cultural or environmental significance.

are open to Tribal members only. The Environmental Resource Board may designate

land as Oneida Tribal Member Access to protect the land for Tribal member use due to

the historical, spiritual, cultural and/or environmental significance of the land.

(d) Open: Lands designated as “Open Access” are generally open to all Persons for the

land’s designated use and enjoyment. The Environmental Resource Board may designate

land as Open Access where such Designation is deemed beneficial to the Tribe and where

such Designation does not pose significant risk of damage to the policies of the Tribe

and/or the land’s cultural or environmental preservation.

38.5-2. Notwithstanding the restrictions of 38.5-1, nothing in this Law may be construed as

preventing the following Persons from entering Tribal Land, regardless of the land Designation:

(a) Employees of the Tribe who are performing their job duties;

(b) Those Persons who are performing grant or contractual obligations related to the

Tribal Land and on behalf of the Tribe;

(d) Those Persons who have been granted access to the land by the Environmental

Resource Board.

38.5-3. Development of the Land Access Map. The Environmental Resource Board shall

develop the Land Access Map in coordination with the Oneida Environmental Health and Safety

Division, the Oneida Division of Land Management, Geographic Land Information Systems and

other such designated agencies of the Tribe. The Environmental Resource Board shall adopt the

initial Land Access Map.

38.5-4. General Land Designation. Unless otherwise designated, Tribal Land is designated as

Limited Access.

38.5-5. Amending the Land Access Map. The Environmental Resource Board may, from time to

time, in the manner hereafter set forth, amend the Land Access Map, provided that due

consideration must be made for the intent and purposes of the Designation.

(a) Amendments may be proposed by any Person by filing an application with the

Environmental Resource Board in such format and accompanied by such information as

required by the Board.

(b) Public Hearing. The Environmental Resource Board shall hold a public hearing on

each application to amend the Land Access Map.

(1) The Environmental Resource Board shall set a date for the public hearing and

meet the notice requirements of the public hearing as soon as possible after the

filing of the application is complete.

(A) Notice. Not less than ten (10) business days and not more than thirty

(30) business days prior to the public hearing, notice, including the time,

place and purpose of the public hearing, must be:

(i) published in the Tribal newspaper; and

(ii) mailed to all owners of land located within twelve hundred

(1,200) feet of the outer boundaries of the land that is the subject of

the public hearing.

(B) Any Person who cannot attend the public hearing may be represented

by an agent, advocate or attorney at the public hearing.

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Environmental Resource Board shall also accept written comments, which

must be submitted within five (5) business days of the date of the public

meeting.

(D) The Environmental Resource Board shall issue a decision or

recommendation regarding amendments to the Land Access Map within

seven (7) business days after the public hearing is held.

(2) The Environmental Resource Board together with the Environmental Health

and Safety Division shall, after holding a public hearing and reviewing any

comments received, make written findings of fact and determine whether to

amend the Land Access Map.

(3) The Environmental Resource Board shall make findings based upon the

evidence presented to it with respect to the following matters:

(A) Existing uses of the land and buildings within the general area of the

land in question.

(B) Suitability of the land in question to the uses permitted under the

existing Land Access Map.

(4) The Environmental Resource Board may not amend the Land Access Map

unless it finds that adopting such amendment is in the Tribe’s best interest and is

not solely for the interest of the applicant.

Land Access Map; however, amendments must require a two-thirds (2/3) vote of the

Environmental Resource Board if a written protest against any amendment is presented to

the Environmental Resource Board and is signed by:

(1) the lessees, assignees and owners of at least twenty percent (20%) of the acres

of land included in such amendment; or

(2) the lessees, assignees and owners of at least twenty percent (20%) of the land

immediately adjacent to the land included in such amendment, extending in a

radius of twelve hundred (1,200) feet of the outer boundaries of the land.

38.6. Trespass

38.6-1. A Person Trespasses if the Person enters or otherwise occupies Tribal Land and:

(a) Refuses to leave land to which the Person has no reasonable claim or right of

possession when requested to do so.

(b) Enters upon such land after being noticed by the landowner or occupant that

permission for the Person to enter such land does not exist, or has been expressly denied

or revoked. A Person has been noticed that permission by the landowner or occupant for

such Person to enter such land does not exist if he or she has been notified publicly, by

publication of the Land Access Map on the Tribal website and/or in the Tribal

newspaper, or if the land is posted. Land is considered to be posted if one (1) of the

following requirements is met:

(1) A sign at least eleven (11) inches square is placed in at least two (2)

conspicuous places for every forty (40) acres of land to be protected. The sign

shall provide an appropriate notice and the name of the Person giving the notice,

followed by the word “owner” if the Person is the holder of legal title to the land

or by the word “occupant” if the Person is a lawful occupant of the land, but not

the holder of legal title.

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(2) Markings at least one (1) foot long and, in a contrasting color, the phrase

“private land” and the name of the owner, are made in at least two (2)

conspicuous places for every forty (40) acres of land.

otherwise required under applicable law:1

(1) Destroys land, waters, livestock, poultry, buildings, equipment, or any

property without consent or permission.

(2) Cuts or destroys any wood, timber, plant, vegetation, or crop standing on the

land, or carries away any wood, timber, plant, vegetation or crop on the land.

(3) Engages in any act, or attempted act of hunting, trapping or fishing.

(4) Digs, takes, or carries away earth, soil, minerals, cultural resources, or any

other property.

(5) Erects, puts up, fastens, prints, or paints upon another’s property, notices,

advertisements, signs or other writing designed to communicate to the general

public.

(6) Parks or drives any vehicle on the land.

(7) Permits or allows livestock or any domesticated animal to enter upon or

remain upon the land.

(8) Uses or possesses Leased or sub-Leased lands beyond the possessory rights

granted by such Lease or sub-Lease.

(9) Dumps, deposits, places, throws, burns, emits or leaves rubbish, refuse,

debris, substances, or other objects upon a highway, road, air, waters or any land.

38.7. Violations and Appeals

38.7-1. Issuance of a Citation. Any Person who violates any provision of this Law is guilty of a

civil infraction, and may be issued a citation, in writing, by a Conservation Warden or Oneida

Police Officer. The issuance of a citation or Fine under any other law relating to the same or any

other matter does not preclude the issuance of a citation under this Law.

(a) The Oneida Business Committee, upon recommendation of the Environmental

Resource Board, may adopt a citation schedule.

(b) The citation must state that the Environmental Resource Board may, in addition to

the citation and associated Fine, impose hearing costs and Penalties against the Person for

a violation of this Law.

38.7-2. Citation Hearing. All citations issued pursuant to this Law must include a Prehearing date

which must be set for the next scheduled monthly Prehearing date that is at least thirty (30) days after

the citation was issued. Persons wishing to contest a citation must appear at the Prehearing, at which

time the Environmental Resource Board shall accept pleas which either contest or admit committing

the act for which the citation was issued. The Environmental Resource Board shall schedule a

Hearing as expeditiously as possible, provided that it must be scheduled within ninety (90) days of

the date of the Prehearing, for all persons entering a plea contesting the fact that they committed the

act for which a citation was issued. In addition to scheduling requested Hearings, the Environmental

Current Tribal laws that authorize conduct described in 38.6-1(c): Chapter 12, Protection and Management of

Archeological and Historical Resources; Chapter 34, Oneida Tribal Regulation of Domestic Animals Ordinance;

Chapter 40, Tribal Environmental Response Law; Chapter 42, Wood Cutting Ordinance; Chapter 44, Recycling and

Solid Waste Disposal; Chapter 45, Hunting, Fishing and Trapping Law; Chapter 49: All-Terrain Vehicle Law;

Chapter 69, Zoning and Shoreland Protection Law.

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Resource Board may also make conditional orders at the Prehearing which are effective until the

matter is resolved.

(a) The Environmental Resource Board shall conduct Prehearings and Hearings in

accordance with its bylaws and any other applicable regulations, standard operating

procedures, Rules, laws or policies governing Tribal administrative hearings.