Oneida Business Committee (2020)
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Public Packet
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Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, December 09, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the BC Support Office, 2nd floor, Norbert Hill Center and
present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to change.
NOTICE
In accordance with the OBC Virtual meeting standard operating procedure, due to the Public
Health State of Emergency the OBC meeting will be held virtually through Microsoft Teams and
therefore be closed to the public. Any person who has comments or questions regarding open
session items may submit them to TribalSecretary@oneidanation.org no later than the close of
business the day before the OBC meeting. Any comments or questions received shall be noticed
to the OBC and entered into the record as a handout by the Business Committee Support Office. A
recording of the virtual meeting shall be made available on the Nation’s website.
I.
CALL TO ORDER
II.
OPENING
A.
Special recognition for years of service
Sponsor: Geraldine Danforth, Area Manager/Human Resources
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
Oneida Trust Enrollment Committee - Jennifer Hill-Kelley
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
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December 09, 2020
Public Packet
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MINUTES
A.
VI.
VII.
Approve the November 24, 2020, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Industrial Hemp Law
Sponsor: David P. Jordan, Councilman
B.
Adopt resolution entitled Proclamation of Appreciation
Sponsor: David P. Jordan, Councilman
C.
Adopt resolution entitled Quarterly, Annual and Semi-Annual Reporting for Calendar
Years 2020 and 2021
Sponsor: Lisa Liggins, Secretary
D.
Adopt resolution entitled Extension of Declaration of Public Health State of
Emergency Until January 12, 2021
Sponsor: Tehassi Hill, Chairman
STANDING COMMITTEES
A.
LEGISLATIVE OPERATING COMMITTEE
1.
VIII.
Accept the November 4, 2020, regular Legislative Operating Committee
meeting minutes
Sponsor: David P. Jordan, Councilman
NEW BUSINESS
A.
Review the Special Election recommendation and determine next steps
Sponsor: Candace House, Chair/Oneida Election Board
B.
Review the Drop and Count (Chapter 12) Oneida Gaming Minimum Internal Controls
and determine appropriate next steps
Sponsor: Mark A. Powless Sr., Chairman/Oneida Gaming Commission
C.
Review the Gaming Promotions and Player Tracking Systems (Chapter 6) Oneida
Gaming Minimum Internal Controls and determine appropriate next steps
Sponsor: Mark A. Powless Sr., Chairman/Oneida Gaming Commission
D.
Enter the e-poll results into the record regarding the approved CRF Government
Relief Funds request - nine file numbers
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
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December 09, 2020
Public Packet
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EXECUTIVE SESSION
A.
B.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report
Sponsor: Debbie Thundercloud, General Manager
3.
Accept the Human Resources FY-2020 4th quarter executive report (10:30
a.m.)
Sponsor: Geraldine Danforth, Area Manager/Human Resources
AUDIT COMMITTEE
1.
Accept the October 15, 2020, regular Audit Committee meeting minutes
Sponsor: David P. Jordan, Councilman
2.
Accept the Bingo compliance audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
3.
Accept the Complimentary Services or Items compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
4.
Accept the Drop and Count compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
5.
Accept the Drop and Count Class II Poker & Kiosk compliance audit and lift
the confidentiality requirement
Sponsor: David P. Jordan, Councilman
6.
Accept the Player Tracking compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
7.
Accept the Table Games compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
8.
Accept the Title 31 compliance audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
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December 09, 2020
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9.
Accept the Gaming Contracts compliance/financial audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
10.
Accept the Green Bay Packers Ticket & Merchandise Distribution follow-up
audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
11.
Accept the Enterprise Division - Retail performance assurance audit and lift
the confidentiality requirement
Sponsor: David P. Jordan, Councilman
12.
Accept the Human Resource Department Hiring and Compensation
performance assurance audit and lift the confidentiality requirement
Sponsor: David P. Jordan, Councilman
13.
Accept the Blackjack Rules of Play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
14.
Accept the Craps Rules of Play compliance audit and lift the confidentiality
requirement
Sponsor: David P. Jordan, Councilman
15.
Accept the EZ Baccarat Rules of Play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
16.
Accept the Mississippi Stud Rules of Play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
17.
Accept the Three Card Poker Rules of Play compliance audit and lift the
confidentiality requirement
Sponsor: David P. Jordan, Councilman
Oneida Business Committee
Regular Meeting Agenda
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December 09, 2020
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C.
X.
NEW BUSINESS
1.
Review the recall request and determine next steps - Investigations and
License Department (11:00 a.m.)
Sponsor: Mark A. Powless Sr., Chairperson/Oneida Gaming Commission
2.
Review the employment request and determine next steps - Gaming Custodial
(11:15 a.m.)
Sponsor: Louise Cornelius, Gaming General Manager
3.
Review the posting request and determine next steps - Management
Information Systems
Sponsor: Debbie Thundercloud, General Manager
4.
Review the recall request and determine next steps - Chief Financial Officer
Sponsor: Larry Barton, Chief Financial Officer
5.
Review and consider request from BC DR14 (11:30 a.m.)
Sponsor: Jessica Vandekamp, Employee Relations Representative
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Business Committee Support Office at (920) 869-4364
or (800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 5
December 09, 2020
Public Packet
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Oneida Business Committee Agenda Request
Special recognition for years of service
1. Meeting Date Requested:
12 / 09 / 20
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
Announcement/Recognition
Accept as Information only
Action - please describe:
Acknowledge Years of Service Recipients with the attached PowerPoint. 4th Quarter 2020
3. Supporting Materials
Report
Resolution
Contract
Other:
1. Powerpoint
3.
2. List of Employees to be recognized
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Authorized Sponsor / Liaison:
Geraldine Danforth, Area Manager/Human Resource Department
Primary Requestor/Submitter:
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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4th Quarter Years of Service Recipients
July - September, 2020
Name
BLACKOWL,TERRYLEE F
Emp #
Supervisor Name
933
STEVENS,SHELLY L
KUROWSKI,DEBRA J
434
DOXTATER,SALLY A
5235
ADOH
Years
Aug 26, 1985
35
DODGE,LEAH
Aug 29, 1985
35
EMERSON,DAVID L
Jul 2, 1990
30
DELEON,DAVID A
156
KING,JASON R
Aug 5, 1990
30
VANDYKE,JEAN C
5583
NINHAM-LAMBRIES,RALINDA
Jul 31, 1995
25
JORDAN,MISTY D
1306
FUSS,CHAD M
Aug 22, 1995
25
NEVILLE,LUCY A
3202
MENDOLLA-BUCKLEY,BRENDA J
Aug 28, 1995
25
EMERSON,DAVID L
8329
RASMUSSEN,FAWNE M
Sep 3, 1995
25
ALVAREZ,WENDY M
3224
DANFORTH,GERALDINE R
Sep 4, 1995
25
WISNESKI,PHILLIP L
8330
MCLESTER,ERIC
Sep 9, 1995
25
CHOSA,CAROL J
8332
SANTIAGO,CHERICE A
Sep 11, 1995
25
MATHEY,HEIDI
3529
SKENANDORE,JR,ARTLEY M
Sep 11, 1995
25
ARMS,ROGER A
3467
SCOFIELD,JEFFREY G
Sep 11, 1995
25
PELKY,PATRICK J
3517
THUNDERCLOUD,DEBORAH J
Sep 18, 1995
25
October 7th BC Meeting
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Oneida Business Committee Agenda Request
Oneida Trust Enrollment Committee - Jennifer Hill-Kelley
1. Meeting Date Requested:
12 / 09 / 20
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 Jennifer Hill-Kelley for the Oneida Trust Enrollment Committee
3. Supporting Materials
Report
Resolution
Contract
Other:
1.
3.
2.
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
5. Submission
Authorized Sponsor / Liaison:
Lisa Liggins, Secretary
Primary Requestor/Submitter:
Brooke Doxtator, BCC Supervisor
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
Unbudgeted
Public Packet
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
On November 24, 2020 the Oneida Business Committee appointed Jennifer Hill-Kelley to the Oneida Trust
Enrollment Committee.
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
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Approve the November 24, 2020, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
12-09-20
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
CWILSON1
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DRAFT
Oneida Business Committee
Regular Meeting
8:30 AM Tuesday, November 24, 2020
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary
Lisa Liggins, Council members: David P. Jordan, Marie Summers, Jennifer Webster;
Not Present: Council members: Daniel Guzman King, Kirby Metoxen;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Debbie Thundercloud (via Microsoft Teams1), Melinda J.
Danforth (via Microsoft Teams), Clorissa Santiago, Eric Boulanger (via Microsoft Teams), Susan House
(via Microsoft Teams), Ralinda Ninham-Lamberies, Jeff Bowman (via Microsoft Teams), Jeff House (via
Microsoft Teams), John Breuninger (via Microsoft Teams), Kathy Hughes (via Microsoft Teams), Jeanne
Calhoun (via Microsoft Teams), Eric McLester (via Microsoft Teams), Holly Williams (via Microsoft
Teams), Candice Skenandore (via Microsoft Teams), Michele Doxtator (via Microsoft Teams), Keith
Doxtator (via Microsoft Teams);
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:33 a.m.
For the record: Councilman Daniel Guzman King is on vacation. Councilman Kirby Metoxen is
telecommuting.
II.
OPENING (00:00:20)
Opening provided by Chairman Tehassi Hill.
III.
ADOPT THE AGENDA (00:03:45)
Motion by Lisa Liggins to adopt the agenda, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings
Oneida Business Committee
Regular Meeting Minutes
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November 24, 2020
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DRAFT
IV.
MINUTES
A.
Approve the November 10, 2020, regular Business Committee meeting minutes
(00:04:07)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to approve the November 10, 2020, regular Business Committee meeting
minutes with one (1) correction [page 13, item 5, correct "replace" to "place"], seconded by David P.
Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item V.A. was addressed next.
V.
RESOLUTIONS (02:08:27)
Motion by Lisa Liggins to amend the agenda to add two (2) items [1) item V.D. Adopt resolution
entitled Emergency Amendments to the Budget Management and Control Law; and 2) item V.E. Adopt
resolution entitled Approval of Final Draft Fiscal Year 2021 Budget and Budget Directives], seconded
by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item V.D. was addressed next.
A.
Adopt resolution entitled CY 2021 County Tribal Law Enforcement Grant-Brown
County (00:06:59)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to adopt resolution 11-24-20-A CY 2021 County Tribal Law Enforcement GrantBrown County, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
B.
Adopt resolution entitled CY 2021 County Tribal Law Enforcement GrantOutagamie County (00:07:51)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to adopt resolution entitled CY 2021 County Tribal Law Enforcement
Grant-Outagamie County, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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C.
Adopt resolution entitled Continuation of Temporary Closure of Listed Boards,
Committees and Commissions for Fiscal Year 2021 (00:08:18); (01:45:50)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to adopt resolution entitled Continuation of Temporary Closure of Listed
Boards, Committees and Commissions for Fiscal Year 2021, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item VI.A. was addressed next.
Motion by Lisa Liggins to reconsider resolution entitled Continuation of Temporary Closure of Listed
Boards, Committees and Commissions for Fiscal Year 2021, seconded by David P. Jordan. Motion
carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Lisa Liggins to adopt resolution 11-24-20-C Continuation of Temporary Closure of Listed
Boards, Committees and Commissions for Fiscal Year 2021 with one (1) change [add "BE IT FUTHER
RESOLVED, that the Pardon and Forgiveness Screening Committee is exempted from this temporary
closure."], seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by Lisa Liggins to direct the Secretary to complete the necessary follow-up in accordance with
the Boards, Committees, and Commissions law to fill the vacancies on the Pardon and Forgiveness
Screening Committee, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item VI.A. was re-addressed next.
D.
Adopt resolution entitled Emergency Amendments to the Budget Management and
Control Law (02:09:06)
Sponsor: David P. Jordan, Councilman
Motion by Lisa Liggins to adopt resolution 11-24-20-E Emergency Amendments to the Budget
Management and Control Law, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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Regular Meeting Minutes
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E.
Adopt resolution entitled Approval of Final Draft Fiscal Year 2021 Budget and
Budget Directives (02:11:36)
Sponsor: David P. Jordan, Councilman
Motion by Marie Summers to adopt resolution 11-24-20-F Approval of Final Draft Fiscal Year 2021
Budget and Budget Directives, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
For the record: Secretary Lisa Liggins stated I'd just like to thank the Treasurer and the Finance staff
for all the work they've done in preparation of the FY-21 budget, to get a long process compressed into
a short time frame. It's a transition year and to get up to speed on all the changes that have occurred
over these past few months have been a challenge. Thank you.
For the record: Treasurer Tina Danforth stated the resolution that was passed is the work product of
Finance and my office which includes the CFO, the Assistant CFO, the Budget Analyst, and myself, to
provide a budget for the 2021 Fiscal year. I also want to thank everybody, including the Business
Committee. Thank you.
Item XIII. was addressed next.
VI.
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Oneida Trust Enrollment
Committee (00:09:42); (01:48:23)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item VII.A.1. was addressed next.
Motion by Lisa Liggins to appoint Jennifer Hill-Kelley to the Oneida Trust Enrollment Committee,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item IX.B. was re-addressed next.
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Regular Meeting Minutes
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DRAFT
VII.
STANDING COMMITTEES
A.
FINANCE COMMITTEE
1.
Accept the November 2, 2020, regular Finance Committee meeting minutes
(00:10:11)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to accept the November 2, 2020, regular Finance Committee meeting
minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the November 16, 2020, regular Finance Committee meeting minutes
(00:11:14)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to accept the November 16, 2020, regular Finance Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
B.
QUALITY OF LIFE COMMITTEE
1.
Accept the March 12, 2020, regular Quality of Life Committee meeting minutes
(00:11:38)
Sponsor: Marie Summers, Councilwoman
Motion by Brandon Stevens to accept the March 12, 2020, regular Quality of Life Committee meeting
minutes, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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Regular Meeting Minutes
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VIII.
UNFINISHED BUSINESS
A.
Review the CRF Government Relief Funds request for the Supplemental Pandemic
Relief Assistance Program and determine next steps (00:12:06)
Sponsor: Debbie Thundercloud, General Manager
Motion by Tina Danforth to adopt resolution 11-24-20-D Emergency Adoption of the Pandemic Relief
Assistance Law, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
For the record: Vice-Chairman Brandon Stevens stated I agree with the motion and I agree with the
discussion that we had that to make it more of a fluid payment, it was best fit that we not include
another group and to be able to get that payment out by December 30th and not have that lingering
over after a report that we'd have to submit. Thank you.
Motion by Tina Danforth to for the MIS to work with the CRF [Funding Coordinator] and any other
entities to get this system automated as opposed to manual, seconded by Lisa Liggins. Motion
withdrawn.
IX.
NEW BUSINESS
A.
Approve two (2) actions regarding the Business Compliance Analyst vacancy
(00:44:06)
Sponsor: Tehassi Hill, Chairman
Motion by Lisa Liggins to move this item to executive session, seconded by David P. Jordan. Motion
carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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Regular Meeting Minutes
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B.
Rescind the Suspension of Premium Pay and All Temporary Pay Increases
declaration (00:44:50); (01:49:34)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer this item until after executive session, seconded by Jennifer Webster.
Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item IX.C. was addressed next.
Motion by Lisa Liggins to rescind parts 1., 2.a., 2.c. through 2.h., 3., and 5. of the March 23, 2020
declaration Suspension of Premium Pay and All Temporary Pay Increases, seconded by Marie
Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item XI.A. was addressed next.
C.
Approve the Oneida Business Committee Standard Operating Procedure (SOP)
entitled Restricting Access to an Employee on Leave or Separation of Employment
(00:46:43)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to approve the Oneida Business Committee Standard Operating
Procedure (SOP) entitled Restricting Access to an Employee on Leave or Separation of Employment,
seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
D.
Approve the Oneida Business Committee Standard Operating Procedure (SOP)
entitled Complaint Process for Direct Reports to the Oneida Business Committee
(00:47:13)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to approve the Oneida Business Committee Standard Operating
Procedure (SOP) entitled Complaint Process for Direct Reports to the Oneida Business Committee,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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DRAFT
E.
Approve the Oneida Business Committee Standard Operating Procedure (SOP)
entitled OBC Virtual Meetings (00:47:36)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the Oneida Business Committee Standard Operating Procedure
(SOP) entitled OBC Virtual Meetings, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
F.
Approve the revised Quality of Life Committee charter (00:47:59)
Sponsor: Marie Summers, Councilwoman
Motion by Lisa Liggins to approve the revised Quality of Life Committee charter with one (1) change
[add "Committee" to the title of the document], seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
G.
Review request for formal Business Committee action for the release of
enrollment names and numbers of members over the age of 18 for audit
verification for the food card distribution and determine next steps (00:48:47)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to request support from Trust Enrollment and request use of the GTC
[meeting check in/out] process [for the December food card distribution], seconded by Marie Summers.
Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
H.
Enter the e-poll results into the record regarding the approved two (2) actions
regarding paid voting time on November 3, 2020 (01:04:19)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to enter the e-poll results into the record regarding the approved two (2)
actions regarding paid voting time on November 3, 2020, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item X.B.1. was addressed next.
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DRAFT
X.
REPORTS
A.
APPOINTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Anna John Resident Centered Care Community Board FY-2020 4th
quarter report (01:06:28)
Sponsor: Joshua Hicks, Chairman/Anna John Resident Centered Care Community
Board
Motion by David P. Jordan to accept the Anna John Resident Centered Care Community Board FY2020 4th quarter report, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the Oneida Police Commission FY-2020 4th quarter report (01:07:07)
Sponsor: Sandra Reveles, Chair/Oneida Police Commission
Motion by Lisa Liggins to approve the Oneida Police Commission FY-2020 4th quarter report,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item X.B.3. was addressed next.
B.
ELECTED BOARDS, COMMITTEES, COMMISSIONS
1.
Accept the Oneida Election Board FY-2020 4th quarter report (01:04:44)
Sponsor: Vicki Cornelius, Chair/Oneida Election Board
Motion by Lisa Liggins to accept the Oneida Election Board FY-2020 4th quarter report, seconded by
David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the Oneida Gaming Commission FY-2020 4th quarter report (01:05:45)
Sponsor: Mark A. Powles Sr., Chair/Oneida Gaming Commission
Motion by Jennifer Webster to accept the Oneida Gaming Commission FY-2020 4th quarter report,
seconded by Brandon Stevens. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item X.A.1. was addressed next.
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3.
Accept the Oneida Land Commission FY-2020 4th quarter report (01:07:37)
Sponsor: Becky Webster, Chair/Oneida Land Commission
Motion by Lisa Liggins to accept the Oneida Land Commission FY-2020 4th quarter report, seconded
by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
4.
Accept the Oneida Nation School Board FY-2020 4th quarter report (01:08:00)
Sponsor: Aaron Manders, Chair/Oneida Nation School Board
Motion by Jennifer Webster to accept the Oneida Nation School Board FY-2020 4th quarter report,
seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
5.
Accept the Oneida Trust Enrollment Committee FY-2020 4th quarter report
(01:08:22)
Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee
Motion by David P. Jordan to accept the Oneida Trust Enrollment Committee FY-2020 4th quarter
report, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
C.
CORPORATE BOARDS
1.
Accept the Bay Bancorporation Inc. FY-2020 4th quarter report (01:08:48)
Sponsor: Jeff Bowman, President/Bay Bancorporation Inc.
Motion by Lisa Liggins to accept the Bay Bancorporation Inc. FY-2020 4th quarter report, seconded by
David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the Oneida ESC Group LLC FY-2020 4th quarter report (01:09:09)
Sponsor: John L. Breuninger, Chair/Oneida ESC Group LLC
Motion by David P. Jordan to accept the Oneida ESC Group LLC FY-2020 4th quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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3.
Accept Oneida Airport Hotel Corporation FY-2020 4th quarter report (01:09:33)
Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation
Motion by Lisa Liggins to accept the Oneida Airport Hotel Corporation FY-2020 4th quarter report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
4.
Accept the Oneida Golf Enterprise FY-2020 4th quarter report (01:10:14)
Sponsor: Eric McLester, Agent/Oneida Golf Enterprise
Motion by David P. Jordan to accept the Oneida Golf Enterprise FY-2020 4th quarter report, seconded
by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
D.
STANDING COMMITTEES
1.
Accept the Finance Committee FY-2020 4th quarter report (01:10:40)
Sponsor: Tina Danforth, Treasurer
Motion by Lisa Liggins to accept the Finance Committee FY-2020 4th quarter report, seconded by
Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the Legislative Operating Committee FY-2020 4th quarter report
(01:11:02)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to approve the Legislative Operating Committee FY-2020 4th quarter
report, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
For the record: The other two (2) standing committee, the Quality of Life Committee and Community
Development Planning Committee, have not met in this reporting period so they have no reports to
submit.
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DRAFT
E.
OTHER
1.
Accept the Oneida Youth Leadership Institute FY-2020 4th quarter report
(01:11:40)
Motion by Lisa Liggins to accept the Oneida Youth Leadership Institute FY-2020 4th quarter verbal
report, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Lisa Liggins, Brandon Stevens, Marie Summers,
Jennifer Webster
Abstained:
Tina Danforth
Not Present:
Daniel Guzman King, Kirby Metoxen
XI.
GENERAL TRIBAL COUNCIL
A.
Review the FY-2021 budget packet and determine next steps (01:13:09); (01:50:26)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to defer this item until after executive session, seconded by David P.
Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item XII. was addressed next.
Motion by Lisa Liggins to accept the discussion regarding the FY-2021 budget packet as information
and request the Treasurer and the Secretary to work together to process any mailings that may be
required, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item V. was addressed next.
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DRAFT
XII.
EXECUTIVE SESSION (01:37:37)
Motion by Lisa Liggins to go into executive session at 10:11 a.m., seconded by David P. Jordan.
Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
The Oneida Business Committee, by consensus, recessed from 11:56 a.m. to 1:30 p.m.
Chairman Tehassi Hill called the meeting to order at 1:31 p.m.
Roll call for the record:
Present: Treasurer Tina Danforth; Chairman Tehassi Hill; Councilman David P. Jordan; Secretary
Lisa Liggins; Council Member Marie Summers; Councilwoman Jennifer Webster;
Not Present: Councilman Daniel Guzman King; Councilman Kirby Metoxen; Vice-Chairman
Brandon Stevens;
Vice-Chairman Brandon Stevens returned at 1:36 p.m.
Motion by Brandon Stevens to come out of executive session at 3:00 p.m., seconded by Marie
Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
A.
REPORTS
1.
Accept the Bay Bancorporation Inc. FY-2020 4th quarter executive report
(01:39:22)
Sponsor: Jeff Bowman, President/Bay Bancorporation Inc.
Motion by Jennifer Webster to accept the Bay Bancorporation Inc. FY-2020 4th quarter executive
report, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
2.
Accept the Oneida ESC Group LLC FY-2020 4th quarter executive report
(01:39:39)
Sponsor: John L. Breuninger, Chair/Oneida ESC Group LLC
Motion by Lisa Liggins to accept the Oneida ESC Group LLC FY-2020 4th quarter executive report,
seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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DRAFT
3.
Accept the Oneida Airport Hotel Corporation FY-2020 4th quarter executive
report (01:39:58)
Sponsor: Kathy Hughes, Chair/Oneida Airport Hotel Corporation
Motion by Jennifer Webster to accept the Oneida Airport Hotel Corporation FY-2020 4th quarter
executive report, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
4.
Accept the Oneida Golf Enterprise FY-2020 4th quarter executive report
(01:40:18)
Sponsor: Eric McLester, Agent/Oneida Golf Enterprise
Motion by David P. Jordan to accept the Oneida Golf Enterprise FY-2020 4th quarter executive report,
seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
5.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
November 2020 report (01:40:39)
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
Motion by Jennifer Webster to accept the Intergovernmental Affairs, Communications, and SelfGovernance November 2020 report, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by David P. Jordan to approve Amendment #13 to the Nation’s 2015 Self-Governance Funding
Agreement, file # 2020-0750, authorize the Chairman to sign the letter dated November 24, 2020 and
the Amendment, and direct Self-Governance to obtain a physical check and send it, along with the
documents to the IHS Bemidji Area Lead Negotiator, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
6.
Accept the Chief Counsel report (01:41:33)
Sponsor: Jo Anne House, Chief Counsel
Motion by David P. Jordan to accept the Chief Counsel report, seconded by Jennifer Webster. Motion
carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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DRAFT
7.
Defer the November 2020 Treasurer's report (01:41:49)
Sponsor: Tina Danforth, Treasurer
Motion by Lisa Liggins to defer the November 2020 Treasurer's report, seconded by Marie Summers.
Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
B.
AUDIT COMMITTEE
1.
Accept the Audit Committee FY-2020 4th quarter report (01:42:04)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the Audit Committee FY-2020 4th quarter report, seconded by
Tina Danforth. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
C.
TABLED BUSINESS
1.
Joint Marketing Standard Operating Procedures
Merchandise Distribution (tabled 4/8/20) (01:42:25)
Sponsor: Debbie Thundercloud, General Manager
regarding
Tickets
&
Motion by Lisa Liggins to take this item from the table , seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Motion by David P. Jordan to accept the Joint Marketing Standard Operating Procedures (SOPs)
regarding Tickets & Merchandise Distribution as information and remove the Business Committee
signature line from the SOPs, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
D.
NEW BUSINESS
1.
Accept the October 2, 2020 and November 5, 2020 regular OBC Officers meeting
notes (01:42:57)
Sponsor: Tehassi Hill, Chairman
Motion by Jennifer Webster to accept the October 2, 2020 and November 5, 2020 regular OBC
Officers meeting notes, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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DRAFT
2.
Review application(s) for one (1) vacancy - Oneida Trust Enrollment Committee
(01:43:21)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the discussion regarding the Oneida Trust Enrollment Committee
application(s) as information, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
3.
Review the recall request and determine next steps - Trust Enrollment
Department (01:43:50)
Sponsor: Debra J. Danforth, Chair/Oneida Trust Enrollment Committee
Motion by Lisa Liggins to approve the recall request from the Trust Enrollment Committee for one (1)
LTE Project Specialist, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
4.
Approve a limited waiver of sovereign immunity - Axon Enterprises Inc. file #
2020-0674 (01:44:06)
Sponsor: Sandra Reveles, Chair/Oneida Police Commission
Motion by David P. Jordan to approve a limited waiver of sovereign immunity - Axon Enterprises Inc.
file # 2020-0674, seconded by Lisa Liggins. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
5.
Review the employment request and determine next steps - Head Start/Early
Head Start (01:44:27)
Sponsor: Debbie Thundercloud, General Manager
Motion by David P. Jordan to approve the interim reassignment request from the General Manager for
one (1) Head Start Director, seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
6.
Approve a limited waiver of sovereign immunity - BMO Harris Bank file # 20200738 (01:44:46)
Sponsor: Tina Danforth, Treasurer
Motion by Lisa Liggins to approve a limited waiver of sovereign immunity - BMO Harris Bank file #
2020-0738, seconded by David P. Jordan. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
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DRAFT
7.
Approve two (2) actions regarding the Business Compliance Analyst vacancy
(01:45:05)
Sponsor: Tehassi Hill, Chairman
Motion by David P. Jordan to approve the posting request from the Business Committee for one (1)
Business Compliance Analyst and assign Chairman Tehassi Hill, Secretary Lisa Liggins,
Councilwoman Marie Summers, and Councilman Kirby Metoxen to a sub-team authorized to complete
the hiring process, seconded by Jennifer Webster. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Item V.C. was re-addressed next.
XIII.
ADJOURN (02:13:09)
Motion by David P. Jordan to adjourn at 3:34 p.m., seconded by Marie Summers. Motion carried:
Ayes:
Tina Danforth, David P. Jordan, Lisa Liggins, Brandon Stevens, Marie
Summers, Jennifer Webster
Not Present:
Daniel Guzman King, Kirby Metoxen
Minutes prepared by Chad Wilson, Senior Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
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Adopt resolution entitled Industrial Hemp Law
/ /
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
TO:
FROM:
DATE:
RE:
Oneida Business Committee
David P. Jordan, LOC Chairperson
December 2, 2020
Industrial Hemp Law
Please find the following attached backup documentation for your consideration of the proposed
Industrial Hemp law:
1.
2.
3.
4.
5.
Resolution: Industrial Hemp Law
Statement of Effect: Industrial Hemp Law
Industrial Hemp Law Legislative Analysis
Industrial Hemp Law
Industrial Hemp Law Updated Fiscal Impact Statement
Overview
This item was added to the Active File List in March of 2015 after U.S. Congress had adopted the
Agricultural Act of 2014, also known as the 2014 Farm Bill. With the passing of the 2014 Farm
Bill, hemp could legally be produced for the first time since the 1970’s, but only for research
purposes and only in states that had passed legislation for the establishment of an agricultural pilot
program aimed at studying the growth, cultivation or marketing of industrial hemp. In 2015,
Wisconsin did not have such a law. This item was added to the AFL so that the Oneida Nation
could establish its own pilot program through the development of an Industrial Hemp law (“Law”).
Work on the Law was halted, however, due to a concern from the Oneida Law Office over the
enabling language in the 2014 Farm Bill. In 2016, precedent came out in support of the notion that
section 7606 of the 2014 Farm Bill did not authorize Indian tribes to create their own pilot program
like it did for states and institutions of higher education. [Menominee Indian Tribe of Wis. v. Drug
Enforcement Admin., 190 F. Supp.3d 843 (2016)]. In light of this precedent, as well as a similar
statement put out by the U.S. Drug Enforcement Agency, Department of Justice, Department of
Agriculture, and Food & Drug Administration, the Oneida Law Office opined that the Nation
would likely be prohibited from producing hemp within the Reservation unless licensed through a
state pilot program created pursuant to the 2014 Farm Bill.
Shortly thereafter, Wisconsin decided to create an industrial hemp pilot program through adoption
of 2017 Wisconsin Act 100. And, in 2018, the Oneida Business Committee (“OBC”) adopted
resolution BC-04-25-18-J titled, Support for Industrial Hemp Pilot Program, which authorized the
Nation to participate in the state’s industrial hemp pilot program for the 2018-2019 growing
season. The Nation obtained its license through Wisconsin’s Department of Agriculture, Trade
and Consumer Protection and, after a delay on the state’s end in procuring seed certification, the
Nation began growing hemp in 2019 for the limited purpose of agricultural or academic research
as was required by the 2014 Farm Bill. Given these restrictions, the Nation’s goal for participating
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in the program was to learn about hemp varieties, end-use product options, growth characteristics,
labor requirements, post-harvest processing and marketability.
During the 2018-2019 growing season, U.S. Congress passed the 2018 Farm Bill. The 2018 Farm
Bill made substantial changes to the way the federal government had been regulating hemp under
the 2014 Farm Bill. Most significantly, it removed hemp from the controlled substances list, which
allowed it to be produced for reasons other than agricultural/academic research, and granted Indian
tribes regulatory authority over hemp production within their jurisdiction, meaning tribes were
now permitted to create their own hemp production plans in lieu of federal or state plans so long
as approved by the USDA through submission of a plan that shows compliance with the 2018
Farm Bill and the USDA Interim Final Rule (“IFR”) promulgated in accordance therewith.
Once the 2018 Farm Bill and IFR were in place, the Legislative Operating Committee (“LOC”)
was able to move forward with the development of the Nation’s Industrial Hemp law. The purpose
of the Law is to: authorize the production of hemp within the boundaries of the Reservation; grant
the Nation primary regulatory authority over the production of hemp within its jurisdiction; assert
the Nation’s inherent sovereign authority by creating a hemp production plan that regulates hemp
as an agricultural commodity consistent with the Nation’s laws; and promote the Nation’s hemp
industry to the greatest extent permitted by the 2018 Farm Bill and IFR. [5 O.C. 508.1-1].
This resolution adopts the proposed Industrial Hemp law which will:
▪ Require any person, defined to include businesses and other entities, under the jurisdiction
of the Nation, who wants to produce hemp, to obtain, as well as maintain, a valid license
through the Environmental, Health, Safety, Land and Agriculture Division (“Division”) [5
O.C. 508.6];
▪ Provide the process and eligibility requirements for persons to obtain and maintain a license
to produce hemp pursuant to the Nation’s regulatory plan [5 O.C. 508.6];
▪ Define what constitutes an “acceptable hemp THC level” for purposes of producing hemp
plants in compliance with the Law, and provide the requisite sampling/testing methods by
which to accurately determine whether a hemp crop exceeds the acceptable hemp THC
level [5 O.C. 508.3-1, 508.8];
▪ Mandate the disposal and destruction of any hemp plant that exceeds the acceptable hemp
THC level and provide the requisite process for its disposal/destruction [5 O.C. 508.8-1];
▪ Set forth certain reporting and record-keeping requirements on the part of the producer and
the Division that will allow the Nation to track hemp production within the Reservation
and ensure compliance with the Law [5 O.C. 508.7]; and
▪ Provide enforcement mechanisms for the Division to detect and respond to instances of
non-compliance with the Law that include due process protections for the licensee [5 O.C.
508.11].
The LOC developed the proposed Law through collaboration with representatives from the
Division, the Community and Economic Development Division; the Environmental Resource
Board; and the Community Development Planning Committee. The LOC, as well as staff from the
Legislative Reference Office, also participated in numerous hemp related conference calls with the
USDA, attended various USDA sponsored trainings on hemp production under the 2018 Farm
Bill, and attended two meetings hosted by the Wisconsin Tribal Conservation Advisory Council
to learn more about the strategies and practices of other tribes that were pursing legislation under
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the 2018 Farm Bill.
A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed
Law due to the COVID-19 pandemic. During the development of the Law, the world was hit with
the COVID-19 pandemic and on March 12, 2020, Chairman Tehassi Hill signed a “Declaration
of Public Health State of Emergency” which declared a public health state of emergency for the
Nation through April 12, 2020. The Public Health State of Emergency has since been extended to
December 13, 2020, through adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-1020-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A.
Among other declarations limiting public gatherings, the Nation’s COVID-19 Core Decision
Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” on
March 27, 2020. The declaration suspended the Legislative Procedure Act’s requirement to hold a
public meeting during the public comment period, but allows community members to still
participate in the legislative process by submitting written comments, questions, data or input on
the proposed Law to the LOC via e-mail during the public comment period.
Although no public meeting on the proposed Law was held in person, the public comment period
was still held open until July 9, 2020 for the submission of written comments. The LOC received
five (5) submissions of written comments, for a total of twenty-five (25) comments, during the
public comment period. All public comments received were accepted, reviewed and considered by
the LOC and any changes made based on those comments have been incorporated into this draft.
If adopted, the Law would have to be sent to the USDA for approval before implementation may
occur. Per the 2018 Farm Bill, tribes and states wanting to assume regulatory authority over hemp
production within their boundaries must submit a regulatory plan that satisfies the requirements of
the 2018 Farm Bill and IFR to the USDA for approval. The regulatory plan may be submitted in
the form of legislation, as would be the case here. Upon receipt, the USDA has sixty (60) days to
approve or reject the Law. If rejected, the Nation will have an opportunity to amend the Law for
reconsideration. If the USDA approves it, the Nation will assume the administration and regulation
of its industrial hemp plan in accordance with the Law.
Contingent on USDA approval, is that the Nation submit a certification along with its Law, or
regulatory plan, stating that, upon said approval, the Nation will have the resources and personnel
necessary to begin carrying out the practices and procedures set forth therein. If the USDA would
determine otherwise, it may respond as follows:
• For first instances of non-compliance – the USDA will develop a corrective action plan for
the Nation to ensure compliance with its Law; and
• For additional instances of non-compliance – the USDA may revoke its approval of the
Law and assume regulatory authority over hemp production on the Reservation.
As a result of the COVID-19 pandemic and Tier V budget reductions relating thereto, at least half
of the Nation’s workforce has been placed on furlough or laid off. In addition, the Nation’s Chief
Financial Officer has identified that complete financial recovery from the impacts of COVID-19
may take as long as two (2) to three (3) years and operations, including services and employment
levels, may not return to pre-pandemic levels.
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Due to the uncertain nature of the COVID-19 pandemic, including its financial constraints on the
Nation and the potential effect on the Division’s staffing levels to last beyond the Public Health
State of Emergency, the Division expressed concern over its current capacity to implement and
administer the Law once approved by the USDA. Given the Division’s concerns, as well as the
consequences for not acting in accordance with the requisite certification, the adopting resolution
contains certain thresholds that must be met before the Nation will be allowed to send the Law to
the USDA for approval. The thresholds are as follows:
1. That, the Division has created all standard operating procedures required under the
Law;
2. That, the Division has presented any resolution(s) required under the Law to the Oneida
Business Committee for approval; and
3. That, the Division Director provides written confirmation to the Oneida Business
Committee that the Division has sufficient resources and staff to begin the
implementation and administration of the Nation’s industrial hemp plan in accordance
with the Law.
Once these thresholds are satisfied, the Law would be sent to the USDA for approval as the
Nation’s regulatory plan, along with the following certification which is set forth in the adopting
resolution:
BE IT FINALLY RESOLVED, that, contingent upon satisfaction of these thresholds,
the Oneida Business Committee hereby certifies that, upon approval by the USDA, the
Nation will have the resources and personnel necessary to carry out the practices and
procedures set forth in the Law, consistent with the 2018 Farm Bill and USDA regulations
promulgated in accordance therewith.
And, once approved by the USDA as the Nation’s regulatory plan, the Law will become effective
within ten (10) business days following the Nation’s receipt of said approval.
Requested Action
Approve the Resolution: Industrial Hemp Law.
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Oneida Nation
Post Office Box 365
Phone: (920)869-2214
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Oneida, WI 54155
BC Resolution # _____________
Industrial Hemp Law
WHEREAS,
the Oneida Nation is a federally recognized Indian government and a treaty tribe
recognized by the laws of the United States of America; and
WHEREAS,
the Oneida General Tribal Council is the governing body of the Oneida Nation; and
WHEREAS,
the Oneida Business Committee has been delegated the authority of Article IV, Section 1,
of the Oneida Tribal Constitution by the Oneida General Tribal Council; and
WHEREAS,
the Agricultural Improvement Act of 2018, otherwise known as the 2018 Farm Bill, removed
hemp from the controlled substances list, permitting hemp to be produced for reasons other
than research and education as was previously restricted under the 2014 Farm Bill; and
WHEREAS,
the 2018 Farm Bill further granted tribes and states regulatory authority over the production
of hemp within their jurisdictions; provided, the tribes and states that intend to exercise
such authority submit a regulatory plan to the United States Department of Agriculture
(“USDA”) for approval prior to implementation; and
WHEREAS,
the purpose of the Industrial Hemp law (“Law”) is to authorize hemp production within the
boundaries of the Oneida Reservation; grant the Nation primary regulatory authority over
the production of hemp under its jurisdiction; assert the Nation’s inherent sovereign
authority by creating a hemp production plan that regulates hemp as an agricultural
commodity consistent with the Nation’s laws; and promote the Nation’s hemp industry to
the greatest extent permitted by the 2018 Farm Bill and USDA regulations promulgated in
accordance therewith; and
WHEREAS,
the Law requires any persons, defined to include businesses and other entities, under the
jurisdiction of the Nation, who want to produce hemp, to obtain, as well as maintain, a valid
license through the Environmental, Health, Safety, Land & Agricultural Division (“Division”);
and
WHEREAS,
the Law provides the process and eligibility requirements for persons to obtain and
maintain the requisite license to participate in hemp production per the Nation’s regulatory
plan; and
WHEREAS,
the Law defines what constitutes an “acceptable hemp THC level” for purposes of
producing hemp plants in compliance with the Law and provides the requisite sampling/
testing methods by which to accurately determine whether a hemp plant exceeds the
acceptable hemp THC level; and
WHEREAS,
the Law mandates disposal and destruction of any hemp crop that exceeds the acceptable
hemp THC level and provides the requisite process for its disposal/destruction; and
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BC Resolution # ____________
Industrial Hemp Law
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WHEREAS,
the Law sets forth certain reporting and record-keeping requirements on the part of the
licensee and the Division that will allow the Nation to track hemp production within the
Reservation and ensure compliance with the Law; and
WHEREAS,
the Law provides enforcement mechanisms for the Division to detect and respond to
instances of non-compliance with the Law that include due process protections for the
licensee; and
WHEREAS,
in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact
statement were developed for this Law; and
WHEREAS,
a public meeting on the proposed Law was not held in accordance with the Legislative
Procedures Act due to the COVID-19 pandemic; and
WHEREAS,
on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of
Emergency” regarding COVID-19, declaring a Public Health State of Emergency for the
Nation until April 12, 2020, the declaration of which was subsequently extended until
December 13, 2020, through resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,
BC-07-08-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A; and
WHEREAS,
on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which prohibits all public gatherings of any number of people and
orders all individuals present within the Oneida Reservation to stay at home or at their
place of residence, with certain exceptions allowed; and
WHEREAS,
the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home”
declaration on April 21, 2020, with the issuance of an “Updated Safer at Home” declaration;
on May 19, 2020, with a “Safer at Home Declaration, Amendment, Open for Business”
declaration; and on June 10, 2020, with the issuance of a “Stay Safer at Home” declaration;
and
WHEREAS,
on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a
“Suspension of Public Meetings under the Legislative Procedures Act” declaration which
suspended the Legislative Procedures Act’s requirement to hold a public meeting during
the public comment period, but allows members of the community to still participate in the
legislative process by submitting written comments, questions, data or input on proposed
legislation to the Legislative Operating Committee via e-mail during the public comment
period; and
WHEREAS,
although a public meeting was not held for the proposed legislation, the public comment
period for the Law was held open until July 9, 2020 for the submission of written comments;
and
WHEREAS,
the Legislative Operating Committee received five (5) submissions of written comments,
for a total of twenty-five (25) comments, during the public comment period; and
WHEREAS,
the Legislative Operating Committee reviewed and considered all public comments and
any changes made based on those comments have been incorporated into the proposed
Law; and
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BC Resolution # ____________
Industrial Hemp Law
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WHEREAS,
if adopted, this Law will act as the Nation’s regulatory plan to be submitted to the USDA for
approval in accordance with the requirements of the 2018 Farm Bill and USDA regulations
promulgated in accordance therewith; and
WHEREAS,
upon receipt of the Nation’s plan, the USDA will have sixty (60) days to approve or reject
it, with an opportunity for amendment and resubmission in the event of a rejection; and
WHEREAS,
once approved by the USDA, the Nation will be required to assume the administration and
regulation of hemp production that occurs within its jurisdiction in accordance with the Law;
and
WHEREAS,
contingent on USDA approval, is that the Nation submit a certification along with the Law
(i.e. the regulatory plan) which states that, upon said approval, the Nation will have the
resources and personnel necessary to begin carrying out the practices and procedures set
forth therein; and
WHEREAS,
in response to the COVID-19 pandemic and the Nation’s Public Health State of Emergency
declaration, the Oneida Business Committee adopted resolution BC-04-08-20-C titled,
“Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020”; and
WHEREAS,
resolution BC-04-08-20-C adopted Tier V budget reductions from the Budget Contingency
Plan that was put in place pursuant to the Nation’s Budget Management and Control law
which included five percent (5%) mandatory budget cuts across the Nation, reduction of all
funding to go to essential services only, and layoffs/furloughs; and
WHEREAS,
at least half of the Nation’s workforce has been placed on furlough or laid off due to the
COVID-19 pandemic and Public Health State of Emergency declaration; and
WHEREAS,
the Nation’s Chief Financial Officer has identified that complete financial recovery from the
impacts of COVID-19 may take as long as two (2) to three (3) years and operations,
including services and employment levels, may not return to pre-pandemic levels; and
WHEREAS,
due to the uncertain nature of the COVID-19 pandemic, including its financial constraints
on the Nation and the potential effect on the Division’s staffing levels to last beyond the
Public Health State of Emergency, the Division has expressed a concern over its current
capacity to implement and administer the Law once approved by the USDA; and
WHEREAS,
the Oneida Business Committee wants to ensure that the Nation; specifically, the Division,
is ready to implement and administer the Nation’s Industrial Hemp law as indicated in the
requisite certification as soon as it receives approval from the USDA; and
WHEREAS,
to ensure readiness, the Oneida Business Committee intends to refrain from sending the
Law and accompanying certification to the USDA for approval as the Nation’s regulatory
plan until the thresholds set forth below have been met by the Division.
NOW THEREFORE BE IT RESOLVED, that the Industrial Hemp law is hereby adopted and shall become
effective within ten (10) business days of receiving approval from the USDA.
BE IT FURTHER RESOLVED, that the Industrial Hemp law will not be sent to the USDA for approval as
the Nation’s regulatory plan until the following thresholds have been satisfied by the Division:
1. the Division has created all standard operating procedures required under the Law;
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BC Resolution # ____________
Industrial Hemp Law
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2. the Division has presented any resolution(s) required under the Law to the Oneida
Business Committee for approval; and
3. the Division Director provides written confirmation to the Oneida Business Committee
that the Division has sufficient resources and staff to begin the implementation and
administration of the Nation’s industrial hemp plan in accordance with the Law.
BE IT FINALLY RESOLVED, that, contingent upon satisfaction of these thresholds, the Oneida Business
Committee hereby certifies that, upon approval by the USDA, the Nation will have the resources and
personnel necessary to carry out the practices and procedures set forth in the Law, consistent with the
2018 Farm Bill and USDA regulations promulgated in accordance therewith.
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Oneida Nation
Oneida Business Committee
Legislative Operating Committee
PO Box 365 • Oneida, WI 54155-0365
Oneida-nsn.gov
Statement of Effect
Industrial Hemp Law
Summary
This resolution adopts the Industrial Hemp law, which authorizes the cultivation of hemp within
the boundaries of the Oneida Reservation and grants the Nation regulatory authority over hemp
production that falls under its jurisdiction.
Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office
Date: December 2, 2020
Analysis by the Legislative Reference Office
This resolution adopts the proposed Industrial Hemp law (“Law”). The purpose of the Law is to
authorize the production of hemp within the boundaries of the Oneida Reservation; grant the
Nation primary regulatory over the production of hemp under its jurisdiction; assert the Nation’s
inherent sovereign authority by creating a hemp production plan that regulates hemp as an
agricultural commodity consistent with the Nation’s laws; and promote the Nation’s hemp industry
to the greatest extent permitted by the 2018 Farm Bill and USDA regulations promulgated in
accordance therewith. [5 O.C. 508.1-1].
The proposed Law will:
▪ Require any persons, defined to include businesses and other entities, under the jurisdiction
of the Nation, who want to produce hemp, to obtain, as well as maintain, a valid license
through the Environmental, Health, Safety and Land Division (“EHSLD”) [5 O.C. 508.6];
▪ Provide the process and eligibility requirements for persons to obtain and maintain the
requisite license to produce hemp pursuant to the Nation’s regulatory plan [5 O.C. 508.6];
▪ Define what constitutes an “acceptable hemp THC level” for purposes of producing hemp
plants in compliance with the Law and provide the requisite sampling/testing methods by
which to accurately determine whether a hemp plant exceeds the acceptable hemp THC
level [5 O.C. 508.3-1& 508.8];
▪ Mandate the disposal and destruction of any hemp crop that exceeds the acceptable hemp
THC level and provide the requisite process for its disposal/destruction [5 O.C. 508.8-1];
▪ Set forth certain reporting and record-keeping requirements on the part of the producer and
EHSLD that will allow the Nation to track hemp production within the Reservation and
ensure compliance with the Law [5 O.C. 508.7]; and
▪ Provide enforcement mechanisms for EHSLD to detect and respond to instances of noncompliance with the Law that include due process protections for the licensee [5 O.C.
508.11].
The Legislative Procedures Act (“LPA”) was adopted by the General Tribal Council through
resolution GTC-01-07-13-A for the purpose of providing a standardized process for the adoption
of laws of the Nation. [1 O.C. 109.1-1]. The LPA requires that for all proposed legislation both a
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legislative and fiscal analysis be developed. [1 O.C. 109.6 & 109.7]. The proposed Law complied
with these requirements.
The LPA also requires that a public comment period be provided for interested parties to submit
data, views or arguments relating to proposed legislation and that a public meeting be held during
the public comment period to solicit oral comments. [1 O.C. 109.8]. A public meeting on the
proposed Law was not held due to the COVID-19 pandemic. In early 2020, the world was hit with
the COVID-19 pandemic, which resulted in many countries experiencing the effects of health
issues and mortality, as well as vast economic impacts.
In accordance with the Emergency Management and Homeland Security law, on March 12, 2020,
Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding
COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020.
[3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has since been extended
until December 13, 2020, through resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,
BC-07-08-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A.
On March 17, 2020, the Oneida Business Committee (“OBC”) adopted emergency amendments
to the Emergency Management and Homeland Security law to create and delegate authority to a
COVID-19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. Once a public
health state of emergency has been declared, the COVID-19 Team has the authority to declare
exceptions to the Nation’s laws, policies, procedures, regulations or standard operating procedures
which will be of immediate impact for purposes of protecting the health, safety and general welfare
of the Nation’s community, members and employees. [3 O.C. 302.10-2]. The declarations are to
remain in effect for the duration of the public health state of emergency, unless identified to be
effective for a shorter period of time. [3 O.C. 302.10-3].
On March 24, 2020, the COVID-19 Team issued a “Safer at Home” declaration prohibiting all
public gatherings of any number of people and ordering all individuals present within the Oneida
Reservation to stay at home or at their place of residence with certain exceptions allowed. On April
21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration which allowed for
gaming and golf operations to resume. On May 19, 2020, the COVID-19 Team issued a “Safer at
Home Declaration, Amendment, Open for Business” permitting businesses to re-open under
certain safer business practices but directing that individuals within the Reservation should
continue to stay at home and continue to social distance. Then, on June 10, 2020, the COVID-19
Team issued a “Stay Safer at Home” declaration that lessened some of the “Safer at Home
Declaration, Amendment, Open for Business” restrictions, while still providing guidance.
On March 27, 2020, the COVID-19 Team issued a “Suspension of Public Meetings Under the
Legislative Procedures Act” declaration which suspended the LPA’s requirement to hold a public
meeting during a public comment period, but allows members of the community to still participate
in the legislative process by submitting written comments, questions, data or input on proposed
legislation to the Legislative Operating Committee (“LOC”) via e-mail during the public comment
period.
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Although a public meeting for the Industrial Hemp law was not held, the public comment period
was held open until July 9, 2020. The LOC received five (5) submissions of written comments, for
a total of twenty-five (25) comments, during the public comment period. All public comments
received were accepted, reviewed and considered by the LOC and any changes made based on
those comments have been incorporated into the Law. The proposed Law complies with the public
review requirements of the LPA as modified by the COVID-19 Team’s “Suspension of Public
Meetings under the Legislative Procedures Act” declaration.
If this resolution is adopted by the OBC, the Law will be submitted to the United States Department
of Agriculture (“USDA”) as the Nation’s regulatory plan. Per the 2018 Farm Bill, tribes and states
wanting to exercise regulatory authority over hemp production within their jurisdictions must
submit a regulatory plan to the USDA for approval that demonstrates compliance with the 2018
Farm Bill and USDA regulations promulgated in accordance therewith. Implementation of the
Law cannot occur until the Nation receives approval from the USDA.
Contingent on USDA approval, is that the Nation submit a certification along with the Law stating
that, upon said approval, the Nation will have the resources and personnel necessary to begin
carrying out the practices and procedures set forth therein. Consequences exist if the USDA
determines that the Nation’s certification was without merit.
To ensure that the Nation is ready to implement and administer the Law upon approval by the
USDA, especially given the concern raised by EHSLD over its capacity to do so following budget
and staffing cuts caused by the COVID-19 pandemic, the adopting resolution sets forth certain
thresholds that must be met by EHSLD before the Law may be submitted to the USDA. The
thresholds are as follows:
1. That the Division has completed all standard operating procedures required under the
Law;
2. That the Division has presented any resolution(s) required under the Law to the Oneida
Business Committee for approval; and
3. That the Division Director provides written confirmation to the Oneida Business
Committee that the Division has sufficient resources and staff to begin the
implementation and administration of the Nation’s industrial hemp plan in accordance
with the Law.
Once these thresholds are met, the Law will be sent to the USDA for approval as the Nation’s
regulatory plan, along with the aforementioned certification which is set forth in the adopting
resolution. And, once approved by the USDA, the Law will become effective within ten (10)
business days thereafter.
Conclusion
Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this
resolution complies with the Legislative Procedures Act as modified by the COVID-19 Core
Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act”
declaration.
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Analysis to Draft 2
2020 12 02
INDUSTRIAL HEMP LAW
LEGISLATIVE ANALYSIS
SECTION 1. EXECUTIVE SUMMARY
Analysis by the Legislative Reference Office
Intent of the
Proposed Law
Purpose
Affected Entities
Related Legislation
Public Meeting
Fiscal Impact
To authorize hemp production within the boundaries of the Reservation and to grant
the Oneida Nation primary regulatory authority over hemp production by setting
forth criteria that all persons under the jurisdiction of the Nation who wish to
participate in the production of hemp must follow, including, but not limited to:
▪ Mandatory licensing and the process for licensure;
▪ A definition of what constitutes an “acceptable hemp THC level” for the
processing and distribution of hemp plants;
▪ Sampling and testing requirements to accurately determine whether a hemp
plant exceeds the acceptable hemp THC level;
▪ Requirements for the destruction and reporting of hemp crops that exceed
the acceptable hemp THC level;
▪ Reporting requirements so the Nation can track hemp production within the
Reservation and ensure it is being produced in compliance with the Law;
and
▪ Enforcement mechanisms, which include due process protections, for the
Nation to detect and respond to non-compliance with the Law.
o To authorize the production of hemp within the Reservation of the Oneida
Nation [5 O.C. 508.1-1(a)];
o To grant the Oneida Nation primary regulatory authority over the production of
hemp within the jurisdiction of the Nation [5 O.C. 508.1-1(b)];
o To assert the Nation’s inherent sovereign authority by creating a plan for the
production and regulation of hemp as an agricultural commodity consistent
with Oneida, as well as federal, law [5 O.C. 508.1-1(c)]; and
o To promote the Nation’s hemp industry to the maximum extent permitted by
law [5 O.C. 508.1-1(d)].
Any person under the jurisdiction of the Nation who wishes to produce hemp; the
Environmental, Health, Safety, Land and Agriculture Division; the Area of Land
Management; the Oneida Police Department; and the Nation’s Judiciary.
Rules of Civil Procedure; Rules of Appellate Procedure.
A public comment period was held open until July 9, 2020. A public meeting was
not held per the declaration of the Nation’s COVID-19 Core Decision Making
Team titled, Suspension of Public Meetings under the Legislative Procedures Act.
The Finance Department provided a fiscal impact statement on September 11, 2020
and then followed with an updated fiscal impact statement on November 2, 2020.
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Analysis to Draft 2
2020 12 02
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SECTION 2. INDUSTRIAL HEMP
A. What is Industrial Hemp? Industrial hemp (“hemp”) is a highly versatile crop that belongs to the
cannabis sativa plant species.1 There are three main parts of the hemp plant that are harvested to produce
over 25,000 products today:
▪ Stalk – the stalk is harvested for its fiber, which can be used to make such products as rope, textiles,
yarn, paper, construction materials, plastics and car parts;
▪ Seeds – the seeds are harvested for use in such products as cooking oil, dietary supplements,
hygienic products (e.g. shampoo and lotion) and medicinal/pharmaceutical products; and
▪ Hemp Flower – the hemp flower is harvested for cannabidiol (“CBD”), which is a non-psychoactive
chemical compound that has been purported to possess medicinal and therapeutic benefits.2
B. Industrial Hemp v. Marijuana. Like hemp, marijuana belongs to the cannabis sativa plant species, and
thus, botanically, both plants are the same.3 Legally, however, the plants vary based on their level of
delta-9 tetrahydrocannabinol (“THC”). THC is the chemical in cannabis that provides the psychoactive
effect, with hemp having a significantly lower THC concentration level (typically, less than one (1)
percent) when compared to marijuana, which has an average THC concentration between ten (10)
percent and thirty (30) percent.4
▪ A THC concentration of around one (1) percent is the generally accepted threshold for the plant to
have a psychoactive effect that people associate with the “high” sensation.5
▪ Under federal law, hemp is defined as having a THC concentration of not more than 0.3 percent on
a dry weight basis, which is the same definition that is set forth in the proposed Law to ensure hemp
production is regulated in accordance with the 2018 Farm Bill.6
SECTION 3. HISTORY OF INDUSTRIAL HEMP (PRE-1970)
A. Hemp Production in the United States. The United States has a rich history of growing hemp for
industrial and agricultural purposes that dates back to the colonial period.7 Hemp was brought to the
American colonies in 1645 as a source of fiber to make cloth, paper, canvas and rope.8 It played a
significant role in producing the ropes and canvas necessary for ships.9
In 1937, however, the federal government passed the Marijuana Tax Act, which taxed all forms of
marijuana, including hemp, and put in place restrictions that made it significantly more difficult to grow
hemp.10 The restrictions were briefly loosened during WWII due to the shortage of imported fibers, as
well as the increased domestic demand for fibers, caused by the war.11 The federal government even
created a program called “Hemp for Victory” to promote hemp production in the United States.12 As a
1
Ryan LeCloux, “Regulating Wisconsin’s Hemp Industry,” Wisconsin Policy Project, vol. 2, no. 9 (August 2019).
Id.
3
Id.
4
Id (citing Renee Johnson, “Hemp as an Agricultural Commodity,” Congressional Research Service (June 22, 2018)).
5
Id (citing Renee Johnson, “Defining Hemp: A Fact Sheet,” Congressional Research Service (March 22, 2019)).
6
7 U.S.C. s. 5940(a)(2).
7
Ryan LeCloux, “Regulating Wisconsin’s Hemp Industry,” Wisconsin Policy Project, vol. 2, no. 9 (August 2019).
8
Id (citing Economic Research Service, “Industrial Hemp in the United States: Status and Market Potential,” U.S.
Department of Agriculture (January 2000)).
9
Id (citing Carey Reed, “8 Things You Didn’t Know about Hemp,” PBS NewsHour (October 17, 2015)).
10
Id (citing Gerald J. McKenna, “The current Status of Medical Marijuana in the United States,” Hawaii Journal of
Medicine & Public Health 73, no. 4 (April 2014)).
11
Id (citing Carey Reed, “8 Things You Didn’t Know about Hemp,” PBS NewsHour (October 17, 2015)).
12
Id (citing Deb Kozel, “Industrial Hemp Update,” Iowa Legislative Services Agency (February 1, 2019)).
2
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Analysis to Draft 2
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result, hemp fiber became pivotal in producing much needed war materials, including thread for shoes,
rope, and other materials for building ships, as well as calking vessels.13
After the war, U.S. hemp production declined significantly when the federal government resumed the
strict regulations it had put in place through adoption of the Marijuana Tax Act. And, in 1970, the hemp
industry was outlawed entirely when the federal government passed the Controlled Substances Act,
identifying marijuana, which was defined to include hemp, as a Schedule I drug.
B. Hemp Production in the State of Wisconsin. The State of Wisconsin harvested its first hemp crop in
1908.14 Wisconsin proved well-suited for hemp cultivation due to its humid and temperate climate, as
well as its fertile soil.15 This, in turn, led to a rapid growth in the state’s hemp production industry,
which was further bolstered by advances in technology that were occurring around the same time.16
In 1917, a scientist in Wisconsin invented a machine that could harvest and process hemp more
efficiently.17 Soon thereafter, hemp mills were constructed throughout the state to process hemp stalks
into fiber. Climate suitability, coupled with such technological advancements, made Wisconsin the hub
for hemp fiber production in the United States and, by 1920, the country’s top hemp producer.18
Wisconsin remained the country’s top hemp producing state until the 1950’s, when the hemp fiber
industry as a whole was becoming largely diminished in the United States.19 By 1957, Wisconsin had
harvested its last hemp crop and would not witness a reemergence of the crop until the adoption of the
2014 Farm Bill.20
SECTION 4. HISTORY OF INDUSTRIAL HEMP (POST-1970)
A. 2014 Farm Bill. In 2014, Congress passed the Agricultural Act of 2014, also known as the 2014 Farm
Bill, legalizing the production of hemp for the first time since 1970.21 The 2014 Farm Bill allowed
states to create agricultural pilot programs to study the growth, cultivation and marketing of industrial
hemp. However, it did not change hemp’s classification as a Schedule I drug, and thus, hemp remained
illegal for all other purposes, which meant that:
▪ Hemp products could only be sold for purposes of marketing research;
▪ Hemp products could not be sold in states that did not have a hemp pilot program;
▪ Hemp seeds and plants could not be transported over state lines;
▪ Individuals had to be registered with the U.S. Drug Enforcement Agency to import viable cannabis
seeds; and
▪ Rules for controlled substances still applied to products containing hemp, meaning they could not
be manufactured or distributed without the U.S. Food and Drug Administration’s approval.
13
Id (citing Albert Hazen Wright, “Wisconsin’s Hemp Industry,” Wisconsin Bulletin 293, Madison: Agricultural
Experiment Station of the University of Wisconsin (1918)).
14
Id.
15
Id (citing Jerry Apps, “Wisconsin Agriculture: A History,” Wisconsin Historical Society Press (2015)).
16
Id.
17
Id.
18
Id.
19
Carol Spaeth-Bauer, “Looking at an Exciting Future for Industrial Hemp,” Wisconsin State Farmer (December 19,
2018).
20
Id.
21
Agricultural Act of 2014, Pub. L. 113-79, section 7606.
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In 2017, the State of Wisconsin established a hemp pilot program in accordance with the 2014 Farm
Bill, officially launching its program in time for the 2018 growing season.22 The state’s pilot program
required state licensure for participants of the program, registration fees, a research plan through a
university or state department of agriculture, background checks, testing of crops for acceptable THC
levels and other regulatory provisions.23
The 2014 Farm Bill did not designate Indian tribes as “states” for the purpose of producing industrial
hemp under their own pilot programs. Therefore, tribes desiring to participate in a pilot program could
only do so by obtaining a license through the state department appointed by the state to administer its
pilot program.24 In Wisconsin, it was the Department of Agriculture, Trade and Consumer Protection
(“DATCP”) that was appointed to register the state’s program.
The Oneida Nation participated in the Wisconsin Hemp Pilot Research Project in 2019 by obtaining a
license through DATCP.25 Along with licensure, the major project components included registration
fees, reporting, recordkeeping, inspections, testing, and destruction protocol for plants that exceeded a
THC concentration level of 0.3 percent.26 The Nation’s goals for participating in the program were to
learn about hemp varieties, end-use product options, growth characteristics, labor requirements, postharvest processing, and marketability.
B. 2018 Farm Bill. In 2018, Congress enacted the 2018 Farm Bill, which made substantial changes to the
way the federal government had been regulating hemp under the 2014 Farm Bill.27 Most significantly,
it removed hemp from the controlled substances list and granted Indian tribes regulatory authority over
hemp production within their jurisdictions.28 Under the 2018 Farm Bill:
▪ Hemp is defined as the plant species Cannabis sativa L. and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight
basis;
▪ The United States Department of Agriculture (“USDA”) is required to establish a permanent federal
hemp program that will act to phase out state pilot programs created under the 2014 Farm Bill by
terminating them one (1) year after the USDA releases regulations to govern hemp production
under the 2018 Farm Bill;
▪ Tribes and states are authorized to establish their own hemp production programs in lieu of the
USDA’s program so long as they submit a plan for approval to the USDA which includes the
specific requirements set forth in the 2018 Farm Bill, as well as the USDA regulations created in
accordance therewith; and
▪ Tribes and states are not allowed to prohibit the transportation of hemp or hemp products across
their boundary lines even if they do not have a hemp program.29
22
2017 WI Act 100.
Id.
24
USDA Clarifies Industrial Hemp Production for Indian Tribes. USDA: Agricultural Marketing Service. Ams.usda.gov.
March 2020.
25
Resolution BC-04-25-18-J, Support for Industrial Hemp Pilot Program.
26
Hemp Pilot Research Program. WI. Department of Agriculture, Trade, and Consumer Protection. Datcp.wi.gov/
Pages/ProgramsServices/Hemp. March 2020.
27
Agricultural Improvement Act of 2018, Pub. L. 115-334, section 11106.
28
Id.
29
Id.
23
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SECTION 5. LEGISLATIVE DEVELOPMENT
A. Legislative Background. This Industrial Hemp law was first added to the Active Files list in March of
2015, after U.S. Congress had adopted the 2014 Farm Bill. Under the 2014 Farm Bill, hemp could
legally be produced, but only for research purposes and only in states that had passed legislation for the
establishment of an agricultural pilot program aimed at studying the growth, cultivation or marketing
of industrial hemp. In 2015, the State of Wisconsin did not have such a law. The Law was added to the
Active Files List so that the Oneida Nation could establish its own pilot program under the 2014 Farm
Bill.
Work on the Law halted, however, due to a concern over the enabling language of the 2014 Farm
Bill. In 2016, precedent came out in support of the notion that section 7606 of the 2014 Farm Bill did
not authorize Indian tribes to create their own pilot program like it did for states and institutions of
higher education.30 In light of this precedent, as well as a similar statement put out by the U.S. Drug
Enforcement Agency, Department of Justice, Department of Agriculture, and Food & Drug
Administration, the Oneida Law Office opined that the Nation would likely be prohibited from
producing hemp within the Reservation unless licensed through a state pilot program created pursuant
to the 2014 Farm Bill.
Shortly thereafter, Wisconsin decided to create an industrial hemp pilot program through adoption of
2017 Wisconsin Act 100. And, in 2018, the Oneida Business Committee adopted resolution BC-04-2518-J titled, Support for Industrial Hemp Pilot Program, which authorized the Nation to participate in
the state’s industrial hemp pilot program for the 2018-2019 growing season. The Nation obtained its
license through Wisconsin’s Department of Agriculture, Trade and Consumer Protection and, after a
delay by the state in procuring seed certification, the Nation began growing hemp in 2019 for the limited
purpose of agriculture and academic research as was the extent of the authorization under the 2014
Farm Bill. Given these restrictions, the Nation’s goal for participating in the program was to learn about
hemp varieties, end- use product options, growth characteristics, labor requirements, post-harvest
processing and marketability.
Although the Nation was producing hemp under Wisconsin’s pilot program, it remained intent on
creating its own program to administer and regulate hemp as a sovereign nation. Thus, the proposed
Law was carried over from the previous term and added back onto the Active Files List for the 20172020 term.
B. 2018 Farm Bill. During the 2018-2019 growing season, U.S. Congress passed the 2018 Farm Bill. The
2018 Farm Bill made substantial changes to the way the federal government had been regulating hemp
under the 2014 Farm Bill. Most significantly, it removed hemp from the controlled substances list,
which allowed it to be produced for reasons other than agricultural/academic research, and granted
Indian tribes regulatory authority over hemp production within their jurisdictions, meaning tribes were
now permitted to create their own hemp production plans in lieu of federal or state plans so long as
approved by the USDA through submission of a plan that shows compliance with the 2018 Farm Bill
and the USDA Interim Final Rule (“IFR”) promulgated in accordance therewith.
With the 2018 Farm Bill and IFR in place, the Legislative Operating Committee (“LOC”) was able to
move forward with the development of the Nation’s own Industrial Hemp law. On October 7, 2020, the
Law was carried over from the 2017-2020 term and added back on to the Active Files List for the 20202023 term to finalize for purposes of adoption consideration.
30
Menominee Indian Tribe of Wis. v. Drug Enforcement Admin., 190 F. Supp.3d 843 (2016).
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The Nation believes that hemp is a valuable agricultural crop, as well as commodity, and that, through
proper regulation, hemp can be put to its highest and best use, providing jobs and revenue for essential
governmental programs and services that will benefit the Nation and its members. The proposed Law
will create a framework and a licensing program for the Nation to regulate hemp and hemp producers
on the Oneida Reservation. The Law will be submitted to the USDA as the Nation’s regulatory plan for
USDA approval in accordance with the 2018 Farm Bill and IFR.
SECTION 6. CONSULTATION AND OUTREACH
A. Hemp Team. With the Oneida Business Committee’s adoption of resolution BC-04-25-18-J titled,
Support for Industrial Hemp Pilot Program, a Hemp Team was created to administer the Nation’s hemp
production under the State of Wisconsin’s industrial hemp pilot program. The Hemp Team was also
consulted on a regular basis during the drafting phase of this legislation and proved pivotal in the
development of the proposed Law. The Hemp Team consisted of members from the following areas
within the Oneida Nation:
▪ The Community & Economic Development Division;
▪ The Environmental, Health, Safety, Land and Agriculture Division (“Division”);
▪ The Environmental Resources Board; and
▪ The Community Development Planning Committee (“CDPC”).
B. Outside Resources.
▪ The LRO staff attorney, as well as members of the LOC, participated in several conference calls
with the USDA and attended various USDA sponsored trainings to stay up to date on the most
current regulatory information regarding the 2018 Farm Bill and the IFR.
▪ The LRO staff attorney, as well as members of the LOC, attended two (2) meetings held by the
Wisconsin Tribal Conservation Advisory Council (“WTCAC”) to learn more about hemp and the
strategies/practices of other tribes pursuing legislation and regulatory programs under the 2018
Farm Bill.
SECTION 7. PROCESS
A. The development of this Law has followed the process set forth in the Legislative Procedures Act
(“LPA”), as modified by the COVID-19 Core Decision Making Team’s “Suspension of Public
Meetings Under the Legislative Procedures Act” declaration more fully discussed below. The proposed
Law was added to the Active Files List on March 18, 2015. It was then carried over from the 20142017 term and added back onto the Active Files List on September 6, 2017 for the 2017-2020 term.
Just recently, the proposed Law was carried over from the 2017-2020 term and added back onto the
Active Files List for the 2020-2023 term.
B. The following work meetings were held regarding the development of this Law and legislative analysis:
▪ August 1, 2018: Work meeting with LOC.
▪ August 28, 2018: Work meeting with CDPC.
▪ October 25, 2018: Work meeting with LOC.
▪ December 5, 2018: Work meeting with LOC.
▪ February 5, 2019: Work meeting with Hemp Team.
▪ April 11, 2019: Work meeting with LOC.
▪ July 2, 2019: Work meeting with Hemp Team.
▪ July 9, 2019: Work meeting with Hemp Team.
▪ July 15, 2019: Work meeting with LOC.
▪ September 11, 2019: Work meeting with Hemp Team.
▪ October 24, 2019: Work meeting with Hemp Team.
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November 14, 2019: Work meeting with Hemp Team.
December 23, 2019: Work meeting with Hemp Team.
January 30, 2020: Work meeting with LOC.
February 14, 2020: Work meeting with Hemp Team.
February 21, 2020: Work meeting with Hemp Team.
March 12, 2020: Work meeting with Hemp Team.
April 8, 2020: Work meeting with LOC.
April 15, 2020: Work meeting with LOC.
April 16, 2020: Work meeting with LOC.
April 23, 2020: Work meeting with LOC.
April 28, 2020: Work meeting with LOC.
May 7, 2020: Work meeting with LOC.
May 15, 2020: Work meeting with LOC.
May 28, 2020: Work meeting with LOC.
July 16, 2020: Work meeting with LOC.
October 7, 2020: Work meeting with LOC.
October 23, 2020: Work meeting with Division and LOC.
October 29, 2020: Work meeting with LOC.
C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic
of the coronavirus disease 2019 (“COVID-19”). The COVID-19 outbreak originated in Wuhan, China
and has spread to many other countries throughout the world, including the United States of America.
The COVID-19 pandemic has resulted in high rates of infection and mortality, as well as vast economic
impacts to the stock market and businesses. A public meeting for the proposed Law was not held due
to the COVID-19 pandemic, based on the following:
▪ Declaration of a Public Health State of Emergency.
• On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State
of Emergency” in response to the COVID-19 pandemic, which declared a Public Health
State of Emergency for the Nation until April 12, 2020, setting into place the necessary
authority for action to be taken and allowing the Nation to seek reimbursement of
emergency management actions that may result in unexpected expenses.
• On March 28, 2020, the Oneida Business Committee adopted resolution BC-03-28-20-A
titled, “Extension of March 12th Declaration of Public Health State of Emergency” which
extended the Nation’s Public Health State of Emergency until May 12, 2020.
• On May 6, 2020, the Oneida Business Committee adopted resolution BC-05-06-20-A
titled, “Extension of Declaration of Public Health State of Emergency Until June 11, 2020”
which further extended the Nation’s Public Health State of Emergency until June 11, 2020.
• On June 10, 2020, the Oneida Business Committee adopted resolution BC-06-10-20-A
titled, “Extension of Declaration of Public Health State of Emergency Until July 12, 2020”
which further extended the Nation’s Public Health State of Emergency until July 12, 2020.
• On July 8, 2020, the Oneida Business Committee adopted resolution BC-07-08-20-A titled,
“Extension of Declaration of Public Health State of Emergency Until August 11, 2020”
which further extended the Nation’s Public Health State of Emergency until August 11,
2020.
• On August 6, 2020, the Oneida Business Committee adopted resolution BC-08-06-20-A
titled, “Extension of Declaration of Public Health State of Emergency Until September 11,
2020” which further extended the Nation’s Public Health State of Emergency until
September 11, 2020.
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On September 9, 2020, the Oneida Business Committee adopted resolution BC-09-09-20A titled, “Extension of Declaration of Public Health State of Emergency Until October 12,
2020” which further extended the Nation’s Public Health State of Emergency until October
12, 2020.
• On October 8, 2020, the Oneida Business Committee adopted resolution BC-10-08-20-A
titled, “Extension of Declaration of Public Health State of Emergency Until November 13,
2020” which further extended the Nation’s Public Health State of Emergency until
November 13, 2020.
• On November 10, 2020, the Oneida Business Committee adopted resolution BC-11-10-20A titled, “Extension of Declaration of Public Health State of Emergency Until December
13, 2020” which further extended the Nation’s Public Health State of Emergency until
December 13, 2020.
COVID-19 Core Decision Making Team Declarations: Safer at Home.
• On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer
at Home” declaration which ordered all individuals present within the Oneida Reservation
to stay at home or their place of residence, with certain exceptions allowed. This declaration
prohibited all public gatherings of any number of people.
• On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer
at Home” declaration which allowed for gaming and golf operations to resume.
• On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home
Declaration, Amendment, Open for Business” which directed that individuals within the
Oneida Reservation continued to stay at home, that businesses could re-open under certain
safer business practices, and that social distancing be practiced by all persons.
• On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at
Home” declaration which lessened the restrictions from the “Safer at Home Declaration,
Amendment, Open for Business” while still providing guidance.
COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the
Legislative Procedures Act.
• On March 27, 2020, the COVID-19 Core Decision Making Team issued a “Suspension of
Public Meetings under the Legislative Procedures Act” declaration which suspended the
LPA's requirement to hold a public meeting during the public comment period, but allows
members of the community to still participate in the legislative process by submitting
written comments, questions, data or input on proposed legislation to the LOC via e-mail
during the public comment period.
• Although a public meeting was not held on the proposed Industrial Hemp law, a public
comment period was still held open until July 9, 2020, in accordance with the LPA and the
COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the
Legislative Procedures Act” declaration.
o The LOC received five (5) submissions of written comments, for a total of twentyfive (25) comments, during the public comment period. All public comments
received were accepted, reviewed and considered by the LOC and any changes
made based on those comments have been incorporated into the proposed Law.
SECTION 8. CONTENTS OF THE LEGISLATION
A. Purpose of the Law.
▪ Self-Governance. The 2018 Farm Bill recognizes that Indian tribes, not the federal government,
can and should assume primary regulatory authority over hemp production within their
jurisdictions. To exercise that right, Indian tribes, as well as any state wishing to assume primary
regulatory authority over hemp production, must submit a regulatory plan to the USDA for approval
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▪
that includes, at a minimum, the processes and prohibitions required by the 2018 Farm Bill and
IFR. This Law will be submitted to the USDA as the Nation’s regulatory plan. [5 O.C. 508.4-1].
Enabling Legislation. Once approved by the USDA as the Nation’s regulatory plan, the Law will
go into effect within ten (10) business days following said approval, meaning it will then enable,
or authorize, the production of hemp within the boundaries of the Oneida Reservation and grant the
Nation regulatory authority over hemp production that occurs within its jurisdiction. [5 O.C. 508.11].
• With respect to hemp “production”, the Law defines it to include cultivation, processing,
handling or storing of hemp plants for market in the United States. Given this broad
definition, nearly any activity related to hemp cultivation within the jurisdiction of the
Nation would be governed by this Law. [5 O.C. 508.3-1(ii)].
B. Application. This Law regulates the production of hemp within the boundaries of the Oneida Nation
and applies to all persons under the jurisdiction of the Nation that intend to engage, whether directly or
indirectly, in the production of hemp. [5 O.C. 508.4-1].
▪ In the Law, “person” is defined to include a corporation, cooperative, consortium, foundation,
organization, business trust, estate, limited liability company, licensed corporation, trust
partnership, limited liability partnership, association or other form of legal business entity,
including another governmental entity. [5 O.C. 508.3-1(ff)].
▪ The Law provides that persons doing business with the Nation or persons engaged in commercial
dealings, leases, licenses, easements or other transactions related to hemp production within the
exterior boundaries of the Reservation have voluntarily and explicitly consented to the jurisdiction
of the Nation and are subject to regulation by the Nation. [5 O.C. 508.4-1].
C. Effectiveness. Per the requirements of the 2018 Farm Bill and USDA regulations created thereunder,
the Law will not become effective until approved by the USDA. [5 O.C. 508.4-1].
▪ Before the legislation is submitted to the USDA for approval, the 2018 Farm Bill further requires
that the Oneida Business Committee certify in writing that the Nation is capable and prepared to
implement the Law upon USDA approval.
• If, upon audit, the USDA determines that the Nation is not acting in accordance with its
certification of readiness, the Nation could be subject to a corrective action plan and, if
multiple instances of non-compliance are found, a revocation of approval to assume
regulatory authority over the production of hemp within its boundaries.
• The Law’s adopting resolution contains the requisite certification and, if approved by the
Oneida Business Committee, the resolution will be included with the Law when submitted
to the USDA for approval. However, to ensure that the Nation is ready to perform in
accordance with the certification once approved by the USDA, the certification, as well as
the adopting resolution, contains a triggering clause that prohibits the Law from being sent
to the USDA for approval until the following thresholds are met by the Division:
o The Division creates all standard operating procedures required under the Law;
o The Division has presented any resolution(s) required under the Law to the Oneida
Business Committee for approval; and
o The Division Director provides written confirmation to the Oneida Business
Committee that the Division has sufficient resources and staff to begin the
implementation and administration of the Nation’s industrial hemp plan in
accordance with the Law.
D. Compliance. All hemp produced within the jurisdiction of the Nation must meet the requirements of
the Law, which incorporates all mandatory provisions from the 2018 Farm Bill and IFR. [5 O.C. 508.42].
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Understanding that the 2018 Farm Bill, as well as the IFR, are subject to amendments which could
result in a change to some of the current requirements that may better serve the policy behind the
Law, “Farm Bill” is broadly defined to include the IFR, as well as any subsequent amendments to
either versions, so that adjustments can potentially be made without having to undergo amendments
to this Law. [5 O.C. 508.3-1(p)]. To that end, the Law also includes the following provision:
• Consistent with sections 508.1-1 and 508.1-2, this law shall be liberally construed to
the greatest extent authorized under the Farm Bill to fulfill the purpose and policy for
which it was adopted. [5 O.C. 508.4-1(c)].
The Division, as the assigned administrator, is responsible for providing the public with information
on how to participate in hemp production in compliance with the Law. [5 O.C. 508.5-2]. This
includes, at a minimum, information on how to:
• Determine prospective geospatial locations [5 O.C. 508.5-2(a)(1)];
• Obtain and properly submit a Criminal History Report [5 O.C. 508.5-2(a)(2)]; and
• Share requisite information with the Farm Service Agency [5 O.C. 508.5-2(a)(3)].
E. Licensure. Persons intending to produce hemp or participate in the production of hemp must first obtain
a license from the Division. [5 O.C. 508.6-1].
▪ License Application Process. To obtain a license to produce hemp, persons must:
• Fill out the application form created by the Division [5 O.C. 508.6-2(a)];
• Provide the street address (if possible), legal description and geospatial location for each
field, greenhouse, building or site where hemp will be cultivated, handled, processed or
stored [5 O.C. 508.6-2(a)(2)];
o As indicated, the Law requires the Division to provide public information on how
to determine geospatial locations.
• Provide proof of ownership of the land or property where hemp will be produced; or proof
of permission to use another’s land/property for hemp production [5 O.C. 508.6-2(a)(3)];
• Provide a description of the intended use of the hemp crop; the intended method of
cultivation; and whether the applicant intends to use any pesticides, herbicides or other
potentially hazardous materials during the cultivation process [5 O.C. 508.6-2(a)(4)];
• Acknowledge, through execution of the application, that they are agreeing to abide by all
rules and regulations governing the Nation’s plan and are certifying that the information
they provided in and submitted with the application is accurate and truthful [5 O.C. 508.62(a)(5)];
o Persons found to have materially falsified any information provided in or along
with their application shall be deemed ineligible for licensure. [5 O.C. 508.6-3].
• Provide a Criminal History Report that has been completed no greater than sixty (60) days
before the date the person submits the application to the Division [5 O.C. 508.6-2(a)(6)];
o “Criminal History Report” is defined within the Law to mean the U.S. Federal
Bureau of Investigation’s Identity History Summary. [5 O.C. 508.3-1(g)].
- As indicated, the Law requires the Division to provide public information
on how to obtain and properly submit a Criminal History Report during
the application process.
o Applicants with a state or felony conviction relating to a controlled substance are
ineligible for licensure for a period of ten (10) years from the date of conviction
unless they had been lawfully producing hemp under the 2014 Farm Bill before
December 20, 2018 and had been convicted before that date. [5 O.C. 508.6-3].
• Pay the licensing fee set pursuant to the fee schedule created by the Division and approved
by the Oneida Business Committee through resolution [5 O.C. 508.6-2(a)(7)]; and
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Provide any further information, disclosure or consent the Division requires under the
standard operating procedure it created pursuant to the Law [5 O.C. 508.6-2].
License Period. A license to produce hemp is valid for a period of three (3) years from the date it
was issued. [5 O.C. 508.6-1(b)].
F. Maintaining Licensure. Persons licensed to produce hemp (“Licensee”) must adhere to the following
to maintain their licensure:
▪ Acceptable Hemp THC Level. Licensees are prohibited from producing hemp plants that exceed
the acceptable hemp THC level. [5 O.C. 508.11].
• A hemp plant exceeds the acceptable hemp THC level “when the application of the
measurement of uncertainty (MU) to the reported delta-9 tetrahydrocannabinol content
concentration level on a dry weight basis produces a distribution or range of not more than
0.3%.” [5 O.C. 508.3-1].
▪ Reporting. Licensees are required to report as follows:
• Upon issuance of their license, Licensees must report their hemp crop acreage to the Farm
Service Agency and forward copies of the same to the Division [5 O.C. 508.7-2(c)];
o As indicated, the Law requires the Division to provide public information on how
to report to the Farm Service Agency.
• Licensees must report planting, pre-harvest and post-harvest activities to the Division in
the manner indicated within the Division’s standard operating procedures [5 O.C. 508.72(a)];
• Licensees must share any test results, obtained under the Law’s testing provisions, with the
Division and, if deemed necessary by the Division, with the USDA [5 O.C. 508.7-2(b)];
and
• Licensees are required to immediately notify the Division of any changes in their
application status and, within five (5) days of conviction, any felony convictions relating
to controlled substances or violent/sex crimes [5 O.C. 508.6-2(c)(1) & 508.7-2(d)].
o Licensees must maintain the above reports, along with all other information
referenced within the Law or the Division’s standard operating procedures, for a
period of at least seven (7) years. [5 O.C. 508.7-3(b)].
o The information must be maintained in a manner that allows the Licensee to easily
access it upon request of the Division. [5 O.C. 508.7-3(b)(1)].
▪ Division Oversight. The Division is required to undergo the following to ensure Licensees are
producing hemp in accordance with the Law:
• That it collects and maintains, for at least seven (7) years, specific information on each
license it issues, including:
o The Licensee’s contact information, which must include the address of residence
[5 O.C. 508.6-2(a)(1)];
o The locations of the Licensee’s growing sites [5 O.C. 508.6-2(a)(2)]; and
o Information relating to the Licensee’s acreage; crop sampling, testing and results;
and destruction of non-compliant plants. [5 O.C. 508.7-1].
• That it conducts inspections and investigates complaints [5 O.C. 508.5];
o Licensees are required to grant the Division or designees of the Division complete
access to their growing sites to conduct inspections, sampling and, if necessary,
disposal of non-compliant plants. [5 O.C. 508.7-2].
• That it samples and tests hemp crops pursuant to the protocol set forth in the Law to
determine whether they exceed the acceptable hemp THC level and, if they do, that it
destroys the non-compliant plants in accordance with the 2018 Farm Bill [5 O.C. 508.8];
and
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o The Law provides that the Division may collect samples, facilitate testing and
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oversee destruction of non-compliant plants using representatives of the Nation (so
long as they are not the actual Licensees) or by outsourcing to an appropriate
individual or entity of the Division’s choosing. [5 O.C. 508.8].
o The sampling, testing and destruction protocols set forth in the Law are per the
requirements of the 2018 Farm Bill and IFR. However, the Law carves out
flexibility for the Nation to use alternative protocols at such time that the federal
guidelines allow for it. [5 O.C. 508.8].
That it enforces the Law through appropriate means, including the issuance of corrective
actions and mandatory reporting to the USDA for non-compliance that has a culpable
mental state greater than negligence [5 O.C. 508.7-1].
o Licensees are required to comply with any corrective action plan that was issued
by the Division for non-compliance. [5 O.C. 508.11].
G. Sampling, Testing and Destruction. The 2018 Farm Bill and IFR set forth specific protocols that must
be followed for collecting samples of each hemp crop; for testing those samples; and, if a sample tests
above the acceptable hemp THC level, for destroying the entire crop associated with that sample. To
ensure compliance with the 2018 Farm Bill and IFR, this Law has adopted these protocols in their
entirety, but carved out flexibility for the Nation to adopt different protocols in the event the federal
government decides to loosen some of its current sampling, testing and disposal requirements. [5 O.C.
508.8-1].
H. Enforcement and Appeals.
▪ Violations. The Law provides that violators of the Law shall not, as a result of the violation, be
subject to any criminal enforcement action by the Tribal, Federal, State or local government. [5
O.C. 508.11]. It then divides violations into the following two (2) categories:
• Negligent violations, which include, but are not limited to:
o A failure to provide a legal description of land on which the Licensee produces
hemp [5 O.C. 508.11-2(a)(1)];
o A failure to obtain a license from the Division to produce hemp [5 O.C. 508.112(a)(2)]; and
o The production of hemp with a concentration exceeding the acceptable hemp THC
level [5 O.C. 508.11-2(a)(3)].
- The Law affords some flexibility with respect to hemp that is produced
with a THC concentration in excess of 0.3 percent, but not more than 0.5
percent, in that it does not consider this to be a negligent violation so long
as the Licensee made reasonable efforts to grow hemp, but still requires
that the crop be destroyed. [5 O.C. 508.11-2(a)(3)(A)(i)].
• Violations made with a culpable mental state greater than negligence, which the Law
defines as acting intentionally, knowingly, willfully, or recklessly. [5 O.C. 508.11].
▪ Enforcement.
• If the Division finds that a negligent violation occurred, the Law requires it to establish a
corrective action plan that includes, at a minimum:
o A plan to correct the violation [5 O.C. 508.11-2(b)(1)];
o A reasonable date by which the Licensee shall correct the negligent violation [5
O.C. 508.11-2(b)(2)]; and
o A requirement that the Licensee periodically reports to the Division on Licensee’s
compliance with the Nation’s plan for a period of not less than the next two (2)
years from the date of the negligent violation [5 O.C. 508.11-2(b)(3)].
- Licensees found to have negligently violated the Law three (3) times
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within a five (5) year period shall be ineligible to produce hemp for a
period of at least five (5) years from the date of the third violation. [5 O.C.
508.11].
• If the Division determines that a Licensee violation was committed with a culpable mental
state greater than negligence, the Law requires that it immediately report the Licensee to
the U.S. Attorney General, USDA and the Nation’s chief law enforcement officer or chief
law enforcement officer of the state charged with receiving such information. [5 O.C.
508.11].
Appeals. The Law allows for appeals of decisions of the Division to be filed with the Judiciary in
accordance with the Nation’s governing laws. [5 O.C. 508.12].
SECTION 9. OTHER CONSIDERATIONS
A. Certification of Readiness. In the event the Oneida Business Committee decides to adopt this Law, it
would then have to be sent to the USDA for approval before implementation could begin. Contingent
on USDA approval, is that the Nation include a certification stating that, upon said approval, the Nation
will have the resources and personnel necessary to begin carrying out the practices and procedures set
forth therein. Should the USDA determine otherwise during an audit of the Nation’s plan, the following
could occur:
▪ For first instances of non-compliance – the USDA could develop a corrective action plan for the
Nation to follow to ensure compliance with its Law; and
▪ For additional instances of non-compliance, the USDA may revoke its approval of the Law and
assume regulatory authority over hemp production within the jurisdiction of the Nation.
• Impact of COVID-19 on Certification. In response to COVID-19 and the Nation’s Public
Health State of Emergency declaration, the Oneida Business Committee adopted resolution
BC-04-08-20-C titled, “Tier V Budget Contingency Declared for Remainder of Fiscal Year
2020.”
o Resolution BC-04-08-20-C adopted Tier V budget reductions from the Budget
Contingency Plan, created under the Budget Management and Control law, which
included five percent (5%) mandatory budget cuts across the Nation, reduction of
all funding to go to essential services only, and layoffs/furloughs.
o At least half of the Nation’s workforce has been placed on furlough or laid off due
to the COVID-19 pandemic and Public Health State of Emergency declaration.
o The Nation’s Chief Financial Officer has identified that complete financial
recovery from the impacts of COVID-19 may take as long as two (2) to three (3)
years and operations, including services and employment levels, may not return
to pre-pandemic levels.
o Due to the uncertain nature of the pandemic, including its financial constraints on
the Nation and the potential effect on the Division’s staffing levels to last beyond
the Public Health State of Emergency, the Division expressed a concern over its
current capacity to implement and administer the Law once approved by the
USDA.
• Adopting Resolution. To ensure the Nation’s readiness to perform in accordance with the
requisite certification, the adopting resolution includes the following thresholds that must
be met before the Law may be sent to the USDA for approval as the Nation’s regulatory
plan:
o That the Division has created all standard operating procedures required under
the Law;
o That the Division has presented any resolution(s) required under the Law to the
Oneida Business Committee for approval; and
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o That the Division Director provides written confirmation to the Oneida Business
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B. Fiscal Impact. A fiscal impact statement of the proposed Law was provided by the Finance Department
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on September 11, 2020 and again on November 2, 2020 as an updated document.
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▪ Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except
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emergency legislation. [1 O.C. 109.6-1].
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▪ Resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the
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Legislative Procedures Act,” requires that, when developing a fiscal impact statement for the
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adoption of proposed legislation by the Oneida Business Committee, the Finance Department shall,
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within ten (10) business days of final approval of draft legislation by the Legislative Operating
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Committee, unless granted an extension of time, provide a fiscal impact statement to the Legislative
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Operating Committee.
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Title 5. Business - Chapter 508
INDUSTRIAL HEMP
508.1.
508.2.
508.3.
508.4.
508.5.
508.6.
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Purpose and Policy
Adoption, Amendment, Repeal
Definitions
Application
Authority
Licensing Requirements
508.7. Required Recordkeeping and Reporting
508.8. Sampling and Testing
508.9. Destruction of Noncompliant Plants
508.10. Compliance
508.11. Enforcement
508.12. Appeals
508.1. Purpose and Policy
508.1-1. Purpose. The purpose of this law is to:
(a) Authorize the production of hemp within the Reservation of the Oneida Nation;
(b) Grant the Oneida Nation primary regulatory authority over the production of hemp
within the jurisdiction of the Nation;
(c) Assert the Nation’s inherent sovereign authority by creating a hemp production plan
that regulates hemp as an agricultural commodity consistent with Oneida, as well as
federal, law; and
(d) Promote the Nation’s hemp industry to the maximum extent permitted by law.
508.1-2. Policy. The Agricultural Improvement Act of 2018, commonly referred to as the 2018
Farm Bill, provides an opportunity for Indian Nations to engage in hemp production through the
submission of a hemp production plan for approval to the United States Department of Agriculture.
The Farm Bill recognizes that Indian Nations, not the federal government, can and should assume
primary regulatory authority over hemp production within their jurisdictions. It is the policy of the
Nation to exercise its inherent sovereign authority through self-governance. It is further the policy
of the Nation to protect the health, security and general welfare of the community. The Nation
finds that hemp is a valuable agricultural crop and commodity and that through proper regulation,
hemp can be put to its highest and best use, thereby providing jobs and revenue for essential
governmental programs and services that will benefit the Nation and its members.
508.2. Adoption, Amendment, Repeal
508.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-___.
508.2-2. This law may be amended or repealed by the Oneida Business Committee and/or
General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.
508.2-3. Should a provision of this law or the application thereof to any person or circumstances
be held as invalid, such invalidity shall not affect other provisions of this law which are considered
to have legal force without the invalid portions.
508.2-4. In the event of a conflict between a provision of this law and a provision of another law,
the provisions of this law shall control.
508.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.
508.3. Definitions
508.3-1. This section shall govern the definitions of words and phrases used within this law. All
words not defined herein shall be used in their ordinary and everyday sense.
(a) “Acceptable hemp THC level” means when the application of the measurement of
uncertainty (“MU”) to the reported delta-9 tetrahydrocannabinol content concentration
level on a dry weight basis produces a distribution or range of not more than 0.3 percent.
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(b) “Applicant” means a person who applies to the Nation for a license to participate in
the Nation’s hemp production plan established by this law.
(c) “Cannabis” means a genus of flowering plants in the family Cannabaceae of which
Cannabis sativa is a species and refers to any form of the plant whereby the delta-9
tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.
(d) “Controlled Substances Act” means the act, codified in 21 U.S.C. 801, et seq.,
establishing the U.S. federal drug policy for regulating the manufacture, importation,
exportation, possession, use and distribution of certain substances.
(e) “Conviction” means any plea of guilty or nolo contendere, or any finding of guilt,
except when the finding of guilt is subsequently overturned on appeal, pardoned or
expunged.
(f) “Corrective action plan” means a plan established by the Division for a producer to
correct a negligent violation or other form of non-compliance with the Nation’s hemp
production plan and/or this law.
(g) “Criminal History Report” means the U.S. Federal Bureau of Investigation’s Identity
History Summary.
(h) “Culpable mental state greater than negligence” means to act intentionally, knowingly,
willfully or recklessly.
(i) “Decarboxylated” means the completion of the chemical reaction that converts THCacid (“THC-A”) into delta-9-THC, the intoxicating component of cannabis. The
decarboxylated value is also calculated using a conversion formula that sums delta-9-THC
and eighty-seven and seven tenths (87.7) percent of THC-A.
(j) “Decarboxylation” means the removal or elimination of carboxyl group from a
molecule or organic compound.
(k) “Delta-9 tetrahydrocannabinol, delta-9-THC or THC” means the primary psychoactive
component of cannabis. For purposes of the Nation’s plan, delta-9-THC and THC are
interchangeable.
(l) “Division” means the Oneida Environmental, Health, Safety, Land and Agriculture
Division or other named entity delegated the authority to carry out the responsibilities and
powers set forth in section 508.5-2 of this law.
(m) “Drug Enforcement Administration or DEA” means the federal law enforcement
agency under the U.S. Department of Justice that is the lead agency for domestic
enforcement of the Controlled Substances Act.
(n) “Dry weight basis” means the ratio of the amount of moisture in a sample to the amount
of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance
after removing the moisture from the substance. Percentage of THC on a dry weight basis
means the percentage of THC, by weight, in a cannabis item (plant, extract or other
derivative) after excluding moisture from the item.
(o) “Expunged” means when a conviction is removed from an individual’s criminal history
record and there are no legal disabilities or restrictions associated with the expunged
conviction, other than the fact that the conviction may be used for sentencing purposes for
subsequent convictions.
(p) “Farm Bill” means the Agricultural Improvement Act of 2018, Pub. L. 115-334,
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December 20, 2018, 132 Stat. 4490, as may be amended from time-to-time hereafter, along
with the Interim Final Rule for the establishment of a domestic hemp production program
issued by the U.S. Department of Agriculture on October 29, 2019 and as may be finalized
and further amended from time-to-time hereafter.
(q) “Farm Service Agency or FSA” means the USDA agency charged with assisting in
information collection on land being used for hemp production.
(r) “Gas chromatography or GC” means a type of chromatography in analytical chemistry
used to separate, identify and quantify each component in a mixture. GC relies on heat for
separating and analyzing compounds that can be vaporized without decomposition.
(s) “Geospatial location” means a location designated through a global system of
navigational satellites used to determine the precise ground position of a place or object.
(t) “Handle” means to harvest or store hemp plants or hemp plant parts prior to the delivery
of such plants or plant parts for further processing and, where cannabis plants exceed the
acceptable hemp THC level, shall also mean to dispose of those plants.
(u) “Hemp” means the plant species Cannabis sativa L. and any part of that plant, including
the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts
of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of
not more than 0.3 percent on a dry weight basis.
(v) “High-performance liquid chromatography or HPLC” means a type of chromatography
technique in analytical chemistry used to separate, identify and quantify each component
in a mixture.
(w) “Information sharing system” means the database mandated under the Farm Bill which
allows USDA to share information collected under tribal, state and USDA plans with tribal,
federal, state, and local law enforcement.
(x) “Key participant” means a sole proprietor, partner in a partnership, or person with
executive managerial control in a corporation such as a chief executive officer, chief
operating officer and chief financial officer, but not non-executive managers such as farm,
field or shift managers.
(y) “Law enforcement agency” means any tribal, federal, state or local law enforcement
agency.
(z) “Lot” means a contiguous area in a field, greenhouse or indoor growing structure
containing the same variety or strain of cannabis throughout the area.
(aa) “Marijuana” means all cannabis that tests as having a concentration level of THC on
a dry weight basis of higher than 0.3 percent.
(bb) “Measurement of uncertainty or MU” means the parameter, associated with the result
of a measurement, that characterizes the dispersion of the values that could reasonably be
attributed to the particular quantity subject to measurement.
(cc) “Nation” means the Oneida Nation.
(dd) “Nation’s plan” means the criteria and regulations set forth in this law to govern the
production of hemp within the jurisdiction of Nation and serves as the “plan” as required
by the Farm Bill to be submitted to and approved by the USDA for the Nation to assume
primary regulatory authority over the production of hemp within its jurisdiction.
(ee) “Negligence” means a failure to exercise the level of care that a reasonably prudent
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person would exercise in complying with the regulations set forth in this law.
(ff) “Person” means a natural person, corporation, cooperative, consortium, foundation,
organization, business trust, estate, limited liability company, licensed corporation, trust
partnership, limited liability partnership, association or other form of legal business entity,
including another governmental entity.
(gg) “Phytocannabinoid” means cannabinoid chemical compounds found in the cannabis
plant, two of which are delta-9-THC and cannabidiol (“CBD”).
(hh) “Postdecarboxylation” means in the context of testing methodologies for THC
concentration levels in hemp a value determined after the process of decarboxylation that
determines the total potential delta-9-THC content derived from the sum of the THC and
THC-A content and reported on a dry weight basis. The postdecarboxylation value of THC
can be calculated by using a chromatograph technique using heat, gas chromatography,
through which THC-A is converted from its acid form to its neutral form, THC. Thus, this
test calculates the total potential THC in a given sample. The postdecarboxylation value of
THC can also be calculated by using a high-performance liquid chromatograph technique,
which keeps the THC-A intact, and requires a conversion calculation of that THC-A to
calculate total potential THC in any given sample.
(ii) “Produce or production” means to cultivate, process, handle or store hemp plants for
market in the United States.
(jj) “Producer” means a person licensed by the Division to produce hemp under the
Nation’s plan.
(kk) “Reservation” means all land within the exterior boundaries of the Reservation of the
Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any
lands added thereto pursuant to federal law.
(ll) “Reverse distributor” means a person who is registered with the DEA to dispose of
marijuana under the Controlled Substances Act.
(mm) “USDA” means the United States Department of Agriculture.
508.4. Application
508.4-1. This law regulates the production of hemp within the jurisdiction of the Nation and
shall be effective upon approval from the USDA as the Nation’s plan under the Farm Bill.
(a) In furtherance of the Nation’s inherent authority and the regulatory objectives set forth
in the Farm Bill, the Nation finds that persons doing business with the Nation or persons
engaged in commercial dealings, leases, licenses, easements or other transactions related
to hemp production within the exterior boundaries of the Reservation have voluntarily and
explicitly consented to the jurisdiction of the Nation and are subject to regulation by the
Nation.
(b) Consistent with sections 508.1-1 and 508.1-2, this law shall be liberally construed to
the greatest extent authorized under the Farm Bill to fulfill the purpose and policy for which
it was adopted.
508.4-2. All hemp production within the jurisdiction of the Nation must meet the requirements
of this law and any applicable portions of the Farm Bill.
(a) The regulations and penalties imposed by this law extend to any person engaged in
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activities related in any way, directly or indirectly, to hemp production, whether licensed
or not.
508.4-3. Nothing in this law shall be construed to prohibit hemp or hemp products, produced in
accordance with subtitle G of the Agricultural Marketing Act of 1946 (as added by section 10113),
from being transported or shipped through the Reservation.
508.4-4. Nothing in this law limits, modifies or waives the need for a person to obtain any other
license or permit required by any other applicable law of the Nation to operate a business or other
entity within the Reservation or to comply with any other applicable law of the Nation, including,
but not limited to, the Nation’s environmental and land use laws.
508.5. Authority
508.5-1. General. This law is enacted under the inherent sovereign authority of the Oneida Nation
to regulate hemp as an agricultural commodity in compliance with the Farm Bill.
(a) By enacting this law, the Nation does not waive its sovereign immunity or consent to
suit in any court, whether the court is tribal, federal, or state, and the enactment of this law
shall not be construed to be a waiver of the sovereign immunity of the Nation, its offices,
departments, agents, subsidiaries, corporations or enterprises nor a consent to suit against
the Nation in any court.
508.5-2. Authority of the Division. The Division is hereby delegated the authority to regulate and
oversee hemp production under the Nation’s plan and shall have all powers necessary to fulfill the
requirements of this law. At a minimum, the Division shall have the authority and responsibility
to:
(a) Provide prospective producers with information necessary to participate in the Nation’s
plan, to include, but not be limited to:
(1) How to determine prospective geospatial locations;
(2) How to obtain and properly submit a Criminal History Report; and
(3) How to share requisite information with the Farm Service Agency.
(b) Issue licenses to produce hemp and make all decisions relating thereto;
(c) Conduct inspections and investigate complaints;
(d) Develop standard operating procedures, protocols and forms necessary to administer
this law;
(e) Enforce this law through appropriate means, including, but not limited to, ensuring
that producers licensed through the Nation are operating in compliance with the Farm Bill.
508.6. Licensing Requirements
508.6-1. License Required. Any person engaging in or intending to engage in hemp production
within the jurisdiction of the Nation shall only do so pursuant to a valid license issued by the
Division in accordance with this law.
(a) Valid License. For purposes of this law, a valid license means the license is unexpired,
unsuspended and unrevoked.
(1) A license may not be transferred or assigned absent prior approval from the
Division, which, at a minimum, shall be contingent upon:
(A) The license not being subject to a pending revocation or suspension
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under section 508.11 of this law; and
(B) The transferee or assignee undergoing and being approved for licensure
pursuant to the application process set forth in section 508.6-2 of this law.
(b) License Period. All licenses shall be valid for a period of three (3) years from the date
of issuance unless otherwise revoked at an earlier date pursuant to this law or any other
applicable law of the Nation.
508.6-2. Application Process. Any person under the jurisdiction of the Nation who wishes to
engage in the production of hemp shall apply to the Division for licensure in accordance with this
section.
(a) Applicants must submit a complete application to the Division pursuant to the process
set forth in the standard operating procedure adopted by the Division before the application
will be accepted or considered. The application process shall require, at a minimum, that
the applicant provide/submit the following:
(1) The applicant’s full name, address of residency, telephone number and, if
available, email address;
(A) If the applicant represents a business or other entity where the business/
entity will be the producer, the applicant shall be required to provide the
business/entity’s:
(i) Full business/entity name;
(ii) Principal business/entity location address;
(iii) Key participants’ full name and title;
(iv) EIN number or, if no EIN number, Social Security Number; and
(v) Email address, if available.
(2) The street address (if possible), legal description and geospatial location for
each field, greenhouse, building or site where hemp will be cultivated, handled,
processed or stored;
(3) Proof of ownership of the land and/or property where hemp will be produced;
or proof of permission from the land/property owner to utilize the land and/or
property where hemp will be produced for hemp production;
(4) A description of the intended output (e.g. raw hemp or some other hemp
product), method of cultivation (e.g. organic, natural or genetically modified) and
any pesticides, herbicides or other potentially hazardous materials the applicant
intends to use;
(5) An acknowledgment that by signing the application, the applicant is agreeing
to abide by all rules and regulations governing the Nation’s plan and is further
certifying that the information provided in and submitted with the application is
accurate and truthful;
(6) A Criminal History Report that was completed no greater than sixty (60) days
before the application submission date;
(A) For businesses/entities, a Criminal History Report shall be completed
for each of the key participants.
(7) The licensing fee set pursuant to the fee schedule created by the Division and
approved by the Oneida Business Committee through resolution; and
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(8) Any further information, disclosure or consent required under the Division’s
governing standard operating procedure.
(b) Applications for renewal, transfer and assignment shall be subject to the same terms
and approved under the same criteria as initial applications unless there has been an
intervening change as defined in the Division’s governing standard operating procedure.
(1) The initial fee for license transfers and assignments shall be prorated for that
term as set forth in the licensing fee schedule created by the Division and approved
by the Oneida Business Committee through resolution.
(c) A license modification shall be requested pursuant to the process set forth within the
Division’s governing standard operating procedure if there is any change to the information
submitted in the initial or renewal application including, but not limited to, the sale of a
business/entity, the production of hemp in a new location, or a change in any key
participants who are producing under the license.
(1) Applicants shall notify the Division immediately shall there be any change in
the information provided during the application process.
(d) The application and all materials submitted during the application process, whether
pursuant to a request for an initial, renewed, transferred/assigned or modified license, shall
become the property of the Nation and shall be maintained by the Division for a minimum
of seven (7) years.
508.6-3. License Eligibility.
(a) Applicants who materially falsify any information provided in or along with their
application shall be deemed ineligible for licensure.
(b) Applicants with a state or felony conviction relating to a controlled substance shall be
deemed ineligible to receive a license for a period of ten (10) years from the date of their
conviction.
(1) Exception. Persons lawfully growing hemp under the 2014 Farm Bill before
December 20, 2018 and whose conviction also occurred before that date shall not
be considered ineligible hereunder.
508.6-4. License Issuance. Applications for licensure and license renewal, transfer/assignment or
modification shall be reviewed by the Division for completeness and to determine an applicant’s
eligibility.
(a) The Division shall set the process for issuing licenses hereunder in a standard operating
procedure that includes, at a minimum:
(1) That the applicant be notified of his or her eligibility within thirty (30) days
following the Division’s receipt of a complete application;
(2) That denial of an application for licensure, license renewal, license transfer/
assignment or license modification be provided to the applicant in writing and
include the basis for denial, as well as information on how to appeal the Division’s
decision;
(3) That each applicant deemed eligible for licensure shall be assigned a license
identification number; and
(4) That for each license it issues, the Division, in cooperation with the Area of
Land Management, shall record the type of land designation for each parcel of land
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listed in the licensee’s application as an intended hemp production site and maintain
such information within the Division’s files for a minimum of seven (7) years.
508.7. Required Recordkeeping and Reporting
508.7-1. Division Reporting.
(a) Hemp Grower Report. By the first of each month, the Division shall submit to the
USDA a report providing the contact information and the status of the license issued for
each producer under the Nation’s plan. The report shall contain:
(1) For each new producer who is a natural person, the producer’s:
(A) Full name;
(B) License identification number;
(C) Address of residency;
(D) Telephone number;
(E) Email address (if available); and
(F) A legal description of the land on which the producer is producing or
intends to produce, including, to the extent practicable, its geospatial
location.
(2) For each new producer that is a business/entity, the business/entity’s:
(A) Full business/entity name;
(B) License identification number;
(C) Principal business/entity location address;
(D) Full name, title and email address (if available) of each key participant;
(E) A legal description of the land on which the producer is producing or
intends to produce, including, to the extent practicable, its geospatial
location.
(3) For each producer that was included in a previous report and whose reported
information has changes, the report shall include the previously reported
information and the new information.
(b) Hemp Disposal Report. By the first of each month, the Division shall submit a report
to the USDA of any occurrence of non-conforming plants or plant materials and provide a
disposal record for those plants and plant materials that contains:
(1) The producer’s name and address of residency;
(2) The producer’s license identification number;
(3) Location information, such as lot number, location type and geospatial location
or other location descriptor for the production area subject to disposal;
(4) Information on the agent handling the disposal; and
(5) The total acreage.
(c) Annual Report. By December 15 of each year, the Division shall submit an annual
report to the USDA that contains the following information:
(1) Total planted acreage;
(2) Total harvested acreage; and
(3) Total disposed of acreage.
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508.7-2. Producer Reporting.
(a) Planting and Harvesting. The Division shall create a standard operating procedure
which sets forth a process for producers to report planting, pre-harvest and post-harvest
information to the Division that will allow for the Division to carry out its reporting duties
under section 508.7-1 of this law in a timely manner.
(b) Test Results. Producers shall share any test results obtained under section 508.8 of this
law with the Division and, as required, to the USDA pursuant to the process set forth in the
Division’s standard operating procedure for producer reporting.
(c) FSA Reporting. Upon the issuance of a license, producers shall report their hemp crop
acreage to the FSA using form FSA-578 or any alternative form approved by the FSA for
purposes hereof.
(1) The report shall include, at a minimum:
(A) The producer’s contact information and license number;
(B) The crop acreage; and
(C) The specific location where hemp is being produced.
(i) The specific location where hemp is being produced must be
identified, to the extent practicable, by the geospatial location for
each lot, greenhouse, building or site where hemp will be produced.
(2) Producers are responsible for filling out and filing the FSA-578 or alternative
form consistent with the process set by the FSA.
(3) Producers shall be responsible for forwarding a copy of the FSA-578 or
alternative form to the Division at the same time they file it with the FSA.
(d) Convictions. Within five (5) business days of conviction, the producer must notify the
Division of any felony convictions that would subject the producer to immediate revocation
under section 508.11-4 of this law.
508.7-3. Recordkeeping.
(a) The Division shall retain for a minimum of (7) years all information required to be
collected in section 508.6 of this law for every license it issues, renews, transfers/assigns
and modifies in accordance with the Nation’s plan.
(b) The Division and producers shall retain all documentation referenced within sections
508.7 and 508.8 of the law for a period of at least seven (7) years.
(1) Producers shall retain the documentation in a manner that it can be readily
provided to the Division upon request.
508.8. Sampling and Testing
508.8-1. General. Samples of all hemp produced under the Nation’s plan must be collected and
tested in accordance with this section of the law to determine whether it exceeds the acceptable
hemp THC level.
(a) Subject to section 508.8-1(a)(1), the Division shall be responsible for the collection
and testing of samples of all hemp produced under the Nation’s plan.
(1) The Division may, in its discretion, appoint an outside agent or agency, other
than a producer, to carry out the collection and testing of samples hereunder.
(b) Producers shall be responsible to pay any fees associated with the sampling and testing
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of their hemp production.
(c) Alternative sampling and testing protocols may be used in place of the protocols set
forth herein if approved by the USDA as being comparable and similarly reliable to the
baseline mandated by the Farm Bill.
508.8-2. Sampling. The method used for sampling must:
(a) Require that the sample is taken from the flower material of the cannabis plant;
(b) Be sufficient at a confidence level of 95% that no more than 1% of the plants in the lot
would exceed the acceptable hemp THC level;
(c) Ensure that a representative sample is collected that represents a homogeneous
composition of the lot; and
(d) Ensure that samples of hemp plant material from one lot are not commingled with
hemp plant material from other lots.
508.8-3. Protocol for the Collection of Samples. The hemp to be selected for sampling shall be
determined by a representative of the Division or the agent/agency appointed by the Division and,
subject to section 508.8-1(c), shall be collected as follows:
(a) Producers shall be required to report in writing to the Division at least fifteen (15)
days before an expected harvest date that a crop is about to be harvested.
(1) The Division’s receipt of a harvest notification triggers a site inspection and
sample collection by the Division, or the agent/agency appointed by the Division.
(2) Producers shall not harvest any crop prior to samples being collected.
(b) The Division shall contact the producer to confirm the field’s location and schedule a
time for inspection and sample collection prior to harvest.
(1) During a scheduled sample collection, the producer or authorized representative
of the producer shall be present at the growing site.
(2) The Division, or agent/agency appointed by the Division, shall be provided
with complete and unrestricted access to all hemp, and other cannabis plants, if any,
whether growing or harvested, and all land, buildings, and other structures used for
the production of hemp and other cannabis plants, if any, and all locations listed in
the producer’s application.
(c) A separate sample shall be taken for each variety and from each lot of a given variety.
(d) Cuttings shall be collected to make one representative sample as follows:
(1) The top twenty (20) cm of the hemp plant’s flower, including female floral
material, shall be clipped;
(2) Cuttings from at least five (5) hemp plants within the lot shall be taken and the
complete sample shall be placed in a paper bag;
(3) The bag shall be sealed by folding over the top once and stapling shut;
(4) The bag shall be labeled with a sample identification that includes, at a
minimum, the last four (4) numerical digits of the producer’s license identification
number, the date (MM/DD/YY) of collection, and a two (2) digit sequential sample
number assigned by the Division, or agent/agency appointed by the Division.
(e) The sample shall be transported to the Division for storage in a secure area until it is
sent to the testing lab for analysis.
(f) Producers shall be required to harvest their crop not more than fifteen (15) days
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following the date of the sample collection.
(1) If the producer fails to complete the harvest within fifteen (15) days of the
sample collection, a secondary sample of the lot shall be required to be submitted
for testing.
(2) Harvested lots of hemp plants shall not be commingled with other harvested
lots or other material without prior written permission from the Division.
(3) Floral materials harvested for phytocannabinoid extraction shall not be moved
beyond the processor, or commingled, or extracted, until the Division releases the
material.
(4) Producers shall be notified within thirty (30) days of sampling of the status of
the testing.
(A) Any producer may request additional testing at its cost if it is believed
that the original delta-9 THC concentration level test results were in error.
508.8-4. Testing. Subject to section 508.8-1(c), sample testing shall be completed by one of the
DEA-registered laboratories designated by the Division for meeting the requirements of the
Nation’s plan and the Farm Bill.
(a) Laborat
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