# Oneida Business Committee (2020) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A75e8082a54239929 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 133 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 Page 1 of 5 December 09, 2020 Public Packet V. 2 of 133 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 Page 2 of 5 December 09, 2020 Public Packet IX. 3 of 133 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 Page 3 of 5 December 09, 2020 Public Packet 4 of 133 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 Page 4 of 5 December 09, 2020 Public Packet 5 of 133 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 6 of 133 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 Public Packet 7 of 133 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 Public Packet 8 of 133 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 9 of 133 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 Public Packet 10 of 133 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 Public Packet 11 of 133 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 Page 1 of 17 November 24, 2020 Public Packet 12 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 2 of 17 November 24, 2020 Public Packet 13 of 133 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 3 of 17 November 24, 2020 Public Packet 14 of 133 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 4 of 17 November 24, 2020 Public Packet 15 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 5 of 17 November 24, 2020 Public Packet 16 of 133 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 6 of 17 November 24, 2020 Public Packet 17 of 133 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 7 of 17 November 24, 2020 Public Packet 18 of 133 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. Oneida Business Committee Regular Meeting Minutes Page 8 of 17 November 24, 2020 Public Packet 19 of 133 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. Oneida Business Committee Regular Meeting Minutes Page 9 of 17 November 24, 2020 Public Packet 20 of 133 DRAFT 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 Oneida Business Committee Regular Meeting Minutes Page 10 of 17 November 24, 2020 Public Packet 21 of 133 DRAFT 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. Oneida Business Committee Regular Meeting Minutes Page 11 of 17 November 24, 2020 Public Packet 22 of 133 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. Oneida Business Committee Regular Meeting Minutes Page 12 of 17 November 24, 2020 Public Packet 23 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 13 of 17 November 24, 2020 Public Packet 24 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 14 of 17 November 24, 2020 Public Packet 25 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 15 of 17 November 24, 2020 Public Packet 26 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 16 of 17 November 24, 2020 Public Packet 27 of 133 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 Oneida Business Committee Regular Meeting Minutes Page 17 of 17 November 24, 2020 Public Packet 28 of 133  Adopt resolution entitled Industrial Hemp Law   /  /                                     Public Packet 29 of 133 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 Page 1 of 4 Public Packet 30 of 133 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 Page 2 of 4 Public Packet 31 of 133 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. Page 3 of 4 Public Packet 32 of 133 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. Page 4 of 4 Public Packet 33 of 133 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Oneida, WI 54155 BC Resolution # _____________ 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 Public Packet 34 of 133 BC Resolution # ____________ Industrial Hemp Law Page 2 of 4 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 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 Public Packet 35 of 133 BC Resolution # ____________ Industrial Hemp Law Page 3 of 4 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 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; Public Packet 36 of 133 BC Resolution # ____________ Industrial Hemp Law Page 4 of 4 146 147 148 149 150 151 152 153 154 155 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. Public Packet 37 of 133 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 Page 1 of 3 Public Packet 38 of 133 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. Page 2 of 3 Public Packet 39 of 133 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. Page 3 of 3 Public Packet 40 of 133 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. Page 1 of 14 Public Packet 41 of 133 Analysis to Draft 2 2020 12 02 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 Page 2 of 14 Public Packet 42 of 133 Analysis to Draft 2 2020 12 02 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 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. Page 3 of 14 Public Packet 43 of 133 Analysis to Draft 2 2020 12 02 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 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 Page 4 of 14 Public Packet 44 of 133 Analysis to Draft 2 2020 12 02 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 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). Page 5 of 14 Public Packet 45 of 133 Analysis to Draft 2 2020 12 02 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 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. Page 6 of 14 Public Packet 46 of 133 Analysis to Draft 2 2020 12 02 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ 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. Page 7 of 14 Public Packet 47 of 133 Analysis to Draft 2 2020 12 02 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 • ▪ ▪ 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 Page 8 of 14 Public Packet 48 of 133 Analysis to Draft 2 2020 12 02 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 ▪ 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]. Page 9 of 14 Public Packet 49 of 133 Analysis to Draft 2 2020 12 02 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 ▪ ▪ 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 Page 10 of 14 Public Packet 50 of 133 Analysis to Draft 2 2020 12 02 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 • ▪ 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 Page 11 of 14 Public Packet 51 of 133 Analysis to Draft 2 2020 12 02 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 o The Law provides that the Division may collect samples, facilitate testing and • 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]. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A75e8082a54239929. Public record. Not legal advice.