Oneida Business Committee (2022)
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Public Packet
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Oneida Business Committee
Executive Session
8:30 AM Tuesday, July 26, 2022
Virtual Meeting – Microsoft Teams
Regular Meeting
8:30 AM Wednesday, July 27, 2022
Virtual Meeting – Microsoft Teams
Agenda
Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.
Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members
of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 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.
I.
CALL TO ORDER
II.
OPENING
A.
Special recognition for years of service
Sponsor: Todd VanDen Heuvel, Executive HR Director
B.
Special recognition of Governor Tony Evers' Proclamation of July 2022 as StateTribal Environmental Partnership Month
Sponsor: Kirby Metoxen, Councilman
III.
ADOPT THE AGENDA
IV.
OATH OF OFFICE
A.
Anna John Resident Centered Care Community Board - Lorna Skenandore
Sponsor: Lisa Liggins, Secretary
B.
Oneida ESC Group, LLC - Board of Managers - Jacquelyn Zalim
Sponsor: Lisa Liggins, Secretary
C.
Southeastern Wisconsin Oneida Tribal Services Advisory Board - Natysha Reed
Sponsor: Lisa Liggins, Secretary
D.
Oneida Election Board Alternates - Linda Langen, Ramona Salinas, and Rosa Laster
- Administered Oath of Office on July 14, 2022
Sponsor: Lisa Liggins, Secretary
Oneida Business Committee
Regular Meeting Agenda
Page 1 of 6
July 27, 2022
Public Packet
V.
VI.
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MINUTES
A.
Approve the July 13, 2022, regular Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
B.
Approve the July 15, 2022, emergency Business Committee meeting minutes
Sponsor: Lisa Liggins, Secretary
RESOLUTIONS
A.
Adopt resolution entitled Adoption of the FY 2022-2026 Oneida Nation Tribal
Transportation Improvement Plan (TTIP) and Tribal Transportation Program
Agreement (TTP/G2G) Including Corresponding Referenced Funding Agreements
(RFA)
Sponsor: Mark W. Powless, General Manager
B.
Adopt resolution entitled The Oneida Nation Farm’s Buffalo Acquisition Project
Sponsor: Mark W. Powless, General Manager
C.
Adopt resolution entitled The Oneida Airport Hotel Corporation will be Selling
Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
D.
Adopt resolution entitled The Oneida Bingo & Casino will be Selling Alcohol
Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
E.
Adopt resolution entitled The Oneida Casino – West Mason Casino will be Selling
Alcohol Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
F.
Adopt resolution entitled The Oneida Nation Four Paths will be Selling Alcohol
Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
G.
Adopt resolution entitled The Oneida Retail Enterprise Oneida Casino Travel Center
will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage
Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
H.
Adopt resolution entitled The Oneida Retail Enterprise Oneida One Stop – E & EE
will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage
Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
I.
Adopt resolution entitled The Oneida Retail Enterprise Oneida One Stop –
Packerland will be Selling Alcohol Beverages in Accordance with the Oneida
Alcohol Beverage Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
Oneida Business Committee
Regular Meeting Agenda
Page 2 of 6
July 27, 2022
Public Packet
VII.
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J.
Adopt resolution entitled The Oneida Retail Enterprise Oneida One Stop – Westwind
will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage
Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
K.
Adopt resolution entitled The Oneida Retail Enterprise Oneida One Stop – Larsen
will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage
Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
L.
Adopt resolution entitled The Oneida Golf Enterprises - Thornberry Creek at Oneida
will be Selling Alcohol Beverages in Accordance with the Oneida Alcohol Beverage
Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
M.
Adopt resolution entitled The Three Clans Airport, LLC will be Selling Alcohol
Beverages in Accordance with the Oneida Alcohol Beverage Licensing Law
Sponsor: Larry Barton, Chief Financial Officer
APPOINTMENTS
A.
VIII.
Determine next steps regarding one (1) vacancy - Oneida Nation Veterans Affairs
Committee
Sponsor: Lisa Liggins, Secretary
STANDING COMMITTEES
A.
B.
FINANCE COMMITTEE
1.
Accept the July 5, 2022, regular Finance Committee meeting minutes
Sponsor: Tina Danforth, Treasurer
2.
Accept the July 18, 2022, regular Finance Committee meeting minutes
Sponsor: Tina Danforth, Treasurer
LEGISLATIVE OPERATING COMMITTEE
1.
IX.
Accept the July 6, 2022, regular Legislative Operating Committee meeting
minutes
Sponsor: David P. Jordan, Councilman
STANDING ITEMS
A.
ARPA FRF and Tribal Contribution Savings Submissions
1.
Adopt resolution entitled Obligation for Oneida Nation School System STEM
Lab Utilizing Tribal Contribution Savings
Sponsor: Sacheen Lawrence, Chair/Oneida Nation School Board
Oneida Business Committee
Regular Meeting Agenda
Page 3 of 6
July 27, 2022
Public Packet
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2.
X.
XI.
XII.
Adopt resolution entitled Obligation for Oneida Language Department (OLD)
and Tehatiw^nakhwa Language Nest (TLN) Expansion Project Utilizing Tribal
Contribution Savings
Sponsor: Sacheen Lawrence, Chair/Oneida Nation School Board
TRAVEL REQUESTS
A.
Approve the travel request - Councilwoman Jennifer Webster - 2022 Kinship Care
Tribal Consultation Meeting - Lac Du Flambeau, WI - August 15-16, 2022
Sponsor: Jennifer Webster, Councilwoman
B.
Approve the travel request in accordance with § 219.16-1 - Oneida Nation Veterans
Affairs Committee - seven (7) members - National Museum of the American Indian
Dedication to Native American Veterans - Washington, D.C. - November 10-13, 2022
Sponsor: Gerald Cornelius, Chair/Oneida Nation Veterans Affairs Committee
NEW BUSINESS
A.
Accept the Indigenous Cultural Understanding of Alzheimer's Disease and Related
Dementias Research and Engagement (ICARE) report (9:00 a.m.)
Sponsor: Jennifer Webster, Councilwoman
B.
Accept the Honor Event for Frank Green and Paul Wheelock closeout report
Sponsor: Kirby Metoxen, Councilman
C.
Accept the Government/Enterprise Resource Planning Steering Committee status
report
Sponsor: David P. Jordan, Councilman
D.
Approve the revised Oneida Business Committee Standard Operating Procedure
(SOP) entitled Building Access Control for Norbert Hill Center
Sponsor: Lisa Liggins, Secretary
E.
Research Request: Professor Erin Silva-University of Wisconsin-Madison-Tribal
Nation/UW-Madison Food Sovereignty Partnership - Review recommendation and
determine next steps
Sponsor: Jo Anne House, Chief Counsel
REPORTS
A.
OPERATIONAL (10:00 a.m.)
1.
Accept the Big Bear Media FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
2.
Accept the Comprehensive Health Division FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
Oneida Business Committee
Regular Meeting Agenda
Page 4 of 6
July 27, 2022
Public Packet
XIII.
XIV.
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3.
Accept the Comprehensive Housing Division FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
4.
Accept the Digital Technology Services FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
5.
Accept the Education & Training FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
6.
Accept the Environmental, Health, Safety, Land & Agriculture Division FY2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
7.
Accept the Governmental Services Division FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
8.
Accept the Grants FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
9.
Accept the Public Works Division FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
10.
Accept the Tribal Action Plan FY-2022 3rd quarter report
Sponsor: Mark W. Powless, General Manager
GENERAL TRIBAL COUNCIL
A.
Accept the Outdoor General Tribal Council meeting preliminary report
Sponsor: David P. Jordan, Councilman
B.
Accept the Virtual General Tribal Council Meetings report
Sponsor: Tehassi Hill, Chairman
EXECUTIVE SESSION
A.
REPORTS
1.
Accept the Chief Counsel report
Sponsor: Jo Anne House, Chief Counsel
2.
Accept the General Manager report (not submitted) (11:00 a.m.)
Sponsor: Mark W. Powless, General Manager
3.
Accept the Intergovernmental Affairs, Communications, and Self-Governance
July 2022 report
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
4.
Accept the Treasurer's June 2022 report (11:30 a.m.)
Sponsor: Tina Danforth, Treasurer
Oneida Business Committee
Regular Meeting Agenda
Page 5 of 6
July 27, 2022
Public Packet
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B.
XV.
NEW BUSINESS
1.
Approve a limited waiver of sovereign immunity – Baker Tilly US LLP
engagement letter – file # 2022-0532
Sponsor: Larry Barton, Chief Financial Officer
2.
Approve a limited waiver of sovereign immunity - JPM Americas-Billboards
Inc.-Bulletin Display Agreement - file # 2022-0495
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
3.
Approve a limited waiver of sovereign immunity - JPM Americas-Billboards
Inc.-Digital Display Agreement - file # 2022-0496
Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs
4.
Accept report from Oneida Golf Enterprise Agent regarding contract status file # 2020-0779 (1:30 p.m.)
Sponsor: Justin Nishimoto, Business Analyst
5.
Approve the DR07 employment agreement amendment – file # 2018-1226
Sponsor: Lisa Liggins, Secretary
6.
Determine next steps regarding employment contract for DR05 - file # 20160862
Sponsor: Lisa Liggins, Secretary
7.
Accept resignation of DR20 and determine next steps - file # 2021-0332
Sponsor: Lisa Liggins, Secretary
8.
Reconsideration of CIP # 19-002 - Oneida One Stop - E & EE (10:30 a.m.)
Sponsor: Debra Powless, Retail General Manager
9.
Review COVID-19 Paid Time Off SOP and determine next steps (9:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
10.
Review compensation proposal and determine next steps (9:30 a.m.)
Sponsor: Todd VanDen Heuvel, Executive HR Director
11.
Review applications for one (1) vacancy - Oneida Nation Veterans Affairs
Committee
Sponsor: Lisa Liggins, Secretary
ADJOURN
Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and
Open Meetings law (§ 107.14.)
The meeting packet of the open session materials for this meeting is available by going to the Oneida
Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/
For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or
(800) 236-2214
Oneida Business Committee
Regular Meeting Agenda
Page 6 of 6
July 27, 2022
Public Packet
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Special recognition for years of service
Business Committee Agenda Request
1. Meeting Date Requested:
7/27/22
2. Session:
܆Open ܆Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
Requested Motion:
܆Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP
Acknowledge Years of Service recipients with the attached
PowerPoint. 3rd Qtr '22
Areas potentially impacted or affected by this request:
܆Finance
܆Law Office
܆Gaming/Retail
܆Other: Tribe Wide Employees
܆Programs/Services
܆MIS
܆Boards, Committees, or Commissions
5. Additional attendees needed for this request:
1DPH7LWOH(QWLW\25&KRRVHIURP/LVW
Revised: 11/15/2021
Page 1 of 2
Public Packet
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Supporting Documents:
܆Bylaws
܆Contract Document(s)
܆Correspondence
܆Draft GTC Notice
܆Draft GTC Packet
܆E-poll results/back-up
܆Other:
܆Fiscal Impact Statement
܆Law
܆Legal Review
܆Minutes
܆MOU/MOA
܆Petition
܆Presentation
܆Report
܆Resolution
܆Rule (adoption packet)
܆Statement of Effect
܆Travel Documents
Budget Information:
܆Budgeted – Tribal Contribution
܆Unbudgeted
܆Other:
܆Budgeted – Grant Funded
܆Not Applicable
Submission:
Vandenheuvel,
HR Director
Name,
Title/Entity ORExecutive
Choose from
Authorized Sponsor: Todd
Primary Requestor:
Revised: 11/15/2021
Page 2 of 2
Public Packet
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Name
Emp #
YEARS OF SERVICE RECIPIENTS
3RD QUARTER FY'22 APR - JUN
Supervisor Name
ADOH
Years
LEROY,SAMANTHA J
5733
HARVATH,JESSALYN M
Apr 3, 1982
40
REED-VANDERZANDEN,VICTORIA L
631
METOXEN,LAMBERT M
May 13, 1987
35
THOMAS,GENE L
797
MOORE,VAUGHN D
May 1, 1987
35
SMITH,PHILLIP J
1164
RENTMEESTER,KEVIN S
Apr 8, 1987
35
GREEN,JILL E
7
EMERSON,DAVID L
Jun 24, 1992
30
KELLY,SUSAN M
5
METOXEN,LAMBERT M
Jun 23, 1992
30
MOORe,TINA M
6356
WHITE,SARAH M
Jun 15, 1992
30
PETITJEAN,JAMES J
1502
WHITE,SARAH M
Jun 11, 1992
30
SCHUMAN,JR,FLOYD F
2323
JOURDAN-BEILKE,TINA L
Jun 11, 1992
30
SKENANDORE,KELLY L
2380
CARLSON,JEFFREY R
Jun 11, 1992
30
SKENANDORE,LORNA G
332
CORNELIUS,LOUISE C
May 29, 1992
30
SUMMERS,WENDY S
2701
NINHAM,JOANN E
May 4, 1992
30
CORNETTE,DOROTHY F
671
NINHAM-LAMBERIES,RALINDA R
Apr 19, 1992
30
STEVENS,SHELLY L
2783
METOXEN,LAMBERT M
Apr 8, 1992
30
ERICKSON,MARY J
10155
PIONTEK,JONATHAN J
May 25, 1997
25
REED,MICHELLE L
3936
KING,CARIE A
May 11, 1997
25
PARKER,ISABEL J
14673
DENNY,SCOTT J
May 9, 1997
25
VIEAU,MYRON O
10149
KING,JASON R
Apr 6, 1997
25
18
July 27th OBC Meeting (Due July 19th)
Public Packet
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Special recognition of Governor Tony Evers' Proclamation of July 2022 as State-Tribal Environmental...
Business Committee Agenda Request
1. Meeting Date Requested:
7/27/22
2. Session:
܆Open ܆Executive – must qualify under §107.4-1.
Justification: Choose or type justification.
Requested Motion:
܆Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP
Proclamation from the Office of the Governor-State-Tribal Environmental Partnership Month
Areas potentially impacted or affected by this request:
܆Finance
܆Law Office
܆Gaming/Retail
܆Other: OBC
܆Programs/Services
܆MIS
܆Boards, Committees, or Commissions
5. Additional attendees needed for this request:
1DPH7LWOH(QWLW\25&KRRVHIURP/LVW
Revised: 11/15/2021
Page 1 of 2
Public Packet
11 of 420
Supporting Documents:
܆Bylaws
܆Fiscal Impact Statement
܆Contract Document(s) ܆Law
܆Correspondence
܆Legal Review
܆Draft GTC Notice
܆Minutes
܆Draft GTC Packet
܆MOU/MOA
܆E-poll results/back-up ܆Petition
܆Other: Proclamation, Travel Report
܆Presentation
܆Report
܆Resolution
܆Rule (adoption packet)
܆Statement of Effect
܆Travel Documents
Budget Information:
܆Budgeted – Tribal Contribution
܆Unbudgeted
܆Other:
܆Budgeted – Grant Funded
܆Not Applicable
Submission:
Metoxen,
Councilman
Name,
Title/Entity
OR Choose from
Authorized Sponsor: Kirby
Primary Requestor:
Revised: 11/15/2021
Page 2 of 2
Public Packet
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Memorandum
To:
Oneida Business Committee
From: Councilman Kirby Metoxen
Date: July 27, 2022
Re:
Proclamation State-Tribal Environmental Partnership Month
Background:
Councilman Kirby Metoxen attended the 2022 State Tribal Consultation Meeting on
Tuesday, July 12, 2022. During this time, the Office of the Governor presented the
Proclamation State-Tribal Environmental Partnership Month that reaffirms Wisconsin’s
commitment to working with the Native Nations to foster a better understanding of
climate change and to develop solutions that will lead to the preservations of cultural
resources, along with improved ecosystem function and means of sustainable food
production.
Page 1 of 1
Public Packet
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Public Packet
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Anna John Resident Centered Care Community Board - Lorna Skenandore
Business Committee Agenda Request
1. Meeting Date Requested:
07/27/22
2. General Information:
Session:
☐ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Shannon Davis, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
SDAVIS
Public Packet
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 20, 2022
RE:
Oath of Office – Anna John Resident Centered Care Community Board
Background
On July 13, 2022, the Oneida Business Committee appointed Lorna Skenandore to the
Anna John Resident Centered Care Community Board.
A good mind. A good heart. A strong fire.
Public Packet
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Oneida ESC Group, LLC - Board of Managers - Jacquelyn Zalim
Business Committee Agenda Request
1. Meeting Date Requested:
07/27/22
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Shannon Davis, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
SDAVIS
Public Packet
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 20, 2022
RE:
Oath of Office – Oneida ESC Group, LLC Board of Managers
Background
On July 13, 2022, the Oneida Business Committee appointed Jacquelyn Zalim to the
Oneida ESC Group, LLC Board of Managers.
A good mind. A good heart. A strong fire.
Public Packet
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Southeastern Wisconsin Oneida Tribal Services Advisory Board - Natysha Reed
Business Committee Agenda Request
1. Meeting Date Requested:
07/27/22
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:
Bonnie Pigman, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
BPIGMAN
Public Packet
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 18, 2022
RE:
Oath of Office – Southeastern Wisconsin Oneida Tribal Services Advisory
Board
Background
On July 13, 2022, the Oneida Business Committee appointed Natysha Reed. to the
Southeastern Wisconsin Oneida Tribal Services Advisory Board.
A good mind. A good heart. A strong fire.
Public Packet
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Oneida Election Board Alternates - Linda Langen, Ramona Salinas, and Rosa Laster - Administered Oath
Business Committee Agenda Request
1. Meeting Date Requested:
07/27/22
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☒ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☐ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Shannon Davis, Recording Clerk
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
SDAVIS
Public Packet
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Oneida Nation
Government Administrative Office
PO Box 365 Oneida, WI 54155-0365
oneida-nsn.gov
Memorandum
TO:
Oneida Business Committee
FROM:
Brooke Doxtator, BCC Supervisor
DATE:
July 20, 2022
RE:
Oath of Office – Oneida Election Board Alternates
Background
On July 13, 2022, the Oneida Business Committee appointed Linda Langen, Ramona
Salinas, and Rosa Laster to the Oneida Election Board as Alternates.
Due to the Special Election on July 16, 2022, other arrangements to administer their oaths
were made in accordance with the Boards, Committees, and Commissions law.
Ҥ105.9-1 (b) If an oath is administered outside of an Oneida Business Committee
meeting, a quorum of Oneida Business Committee members shall be present to
witness the oath.”
On July 14, 2022, Secretary Lisa Liggins administered the oaths of office to Linda Langen,
Ramona Salinas, and Rosa Laster. The following Oneida Business Committee members were
present: Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen and Jennifer
Webster.
A good mind. A good heart. A strong fire.
Public Packet
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Approve the July 13, 2022, regular Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
07/27/22
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
CELLIS1
Public Packet
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DRAFT
Oneida Business Committee
Regular Meeting
8:30 AM Wednesday, July 13, 2022
BC Conference Room, 2nd floor, Norbert Hill Center
Minutes
REGULAR MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens (via Microsoft Teams1), Secretary Lisa
Liggins, Council members: Daniel Guzman King, David P. Jordan, Kirby Metoxen, Jennifer Webster;
Not Present: Treasurer Tina Danforth, Councilwoman Marie Summers;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Mark W. Powless (via Microsoft Teams), Todd VanDen
Heuvel (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Louise Cornelius (via Microsoft
Teams), Kaylynn Gresham (via Microsoft Teams), Debra Powless (via Microsoft Teams), Danelle Wilson
(via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Kristal Hill (via Microsoft Teams), Amy
Spears (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Rae Skenandore (via Microsoft
Teams), Clorissa Santiago, Lisa Summers (via Microsoft Teams), Ralinda Ninham-Lamberies, Chad Fuss
(via Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Nicole Rommel (via Microsoft Teams),
Tina Jorgensen (via Microsoft Teams), Lori Hill (via Microsoft Teams), Debra Danforth (via Microsoft
Teams), Lisa Rauschenbach (via Microsoft Teams), Jacqueline Smith (via Microsoft Teams), Jacque
Boyle (via Microsoft Teams), Jason Doxtator (via Microsoft Teams), Josephine Skenandore (via Microsoft
Teams), Eric Bristol (via Microsoft Teams), Renita Hernandez (via Microsoft Teams), Michelle DanforthAnderson (via Microsoft Teams), Shannon Stone (via Microsoft Teams), Cheryl Stevens (via Microsoft
Teams), Vanessa Miller (via Microsoft Teams), Brenda Skenandore (via Microsoft Teams), James
Petitjean (via Microsoft Teams), Michelle Myers (via Microsoft Teams), Grace Elliott (via Microsoft
Teams), Carolyn Salutz (via Microsoft Teams), Mary Graves (via Microsoft Teams), Jameson Wilson (via
Microsoft Teams), Christopher Johnson (via Microsoft Teams), Patricia King (via Microsoft Teams),
Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis (via
Microsoft Teams), Dustin Muenster (via Microsoft Teams), Billie Jo Cornelius-Adkins (via Microsoft
Teams), Mike Debraska (via Microsoft Teams), Nancy Barton, Aliskwet Ellis;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 8:32 a.m.
II.
OPENING (00:00:41)
Opening provided by Councilman Kirby Metoxen.
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
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III.
ADOPT THE AGENDA (00:01:00)
Motion by Lisa Liggins to adopt the agenda with one (1) addition [1) under the added section General
Tribal Council, add item entitled Review updated GTC meeting safety protocols and determine next
steps], seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
IV.
OATH OF OFFICE
A.
Oneida Public Safety Pension Board - Dustin Muenster (00:02:42)
Sponsor: Richard Van Boxtel, Chair/Oneida Police Commission
Oath of office administered by Secretary Lisa Liggins. Dustin Muenster was present via Microsoft
Teams.
V.
MINUTES
A.
Approve the June 8, 2022, regular Business Committee meeting minutes (00:05:00)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to approve the June 8, 2022, regular Business Committee meeting
minutes, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
B.
Approve the June 14, 2022, emergency Business Committee meeting minutes
(00:06:21)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to approve the June 14, 2022, emergency Business Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
VI.
RESOLUTIONS
A.
Adopt resolution entitled Adoption of the Elder Assistance Program Law
(00:06:46)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt resolution entitled 07-13-22-A Adoption of the Elder Assistance
Program Law, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
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B.
Adopt resolution entitled Elder Assistance Program Application Submission
Period and Disbursement Timeframe for 2022 (00:19:04)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-B Elder Assistance Program
Application Submission Period and Disbursement Timeframe for 2022, seconded by Lisa Liggins.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
C.
Adopt resolution entitled Oneida Nation Assistance Fund Application Submission
Period and Disbursement Timeframe for 2022 (00:25:13)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt resolution entitled 07-13-22-C Oneida Nation Assistance Fund
Application Submission Period and Disbursement Timeframe for 2022, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
D.
Adopt resolution entitled Adoption of the Healing to Wellness Court Law (00:28:15)
Sponsor: David P. Jordan, Councilman
Motion by David P. Jordan to adopt resolution entitled 07-13-22-D Adoption of the Healing to Wellness
Court Law, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
E.
Adopt the resolution entitled Adoption of an Emergency Amendment to the
Election Law (00:33:23)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to adopt the resolution entitled 07-13-22-E Adoption of an Emergency
Amendment to the Election Law, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
F.
Adopt resolution entitled Extension of Declaration of Public Health State of
Emergency Until September 20, 2022 (00:38:42)
Sponsor: Kaylynn Gresham, Director/Emergency Management
Councilman Kirby Metoxen left at 9:12 a.m.
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-F Extension of Declaration of Public
Health State of Emergency Until September 20, 2022, seconded by Daniel Guzman King. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
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G.
Adopt resolution entitled Authorization of 80 Hours of Trade Back for Cash for
Fiscal Year 2022 (00:41:01)
Sponsor: Todd VanDen Heuvel, Executive HR Director
Councilman Kirby Metoxen returned at 9:15 a.m.
Motion by David P. Jordan to adopt resolution entitled 07-13-22-G Authorization of 80 Hours of Trade
Back for Cash for Fiscal Year 2022, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
H.
Enter the e-poll results into the record regarding the adopted BC resolution 06-2022-A Declaration of Emergency Resulting from the Damages Caused by the June
15, 2022, Severe Weather and Tornado (00:48:46)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to enter the e-poll results into the record regarding the adopted BC
resolution 06-20-22-A Declaration of Emergency Resulting from the Damages Caused by the June 15,
2022, Severe Weather and Tornado, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
I.
Enter the e-poll results into the record regarding the adopted BC resolution 06-2122-A Amendment to Resolution BC-04-27-22-B Removing Restrictions on Use of
the Donation (00:49:26)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to enter the e-poll results into the record regarding the adopted BC
resolution 06-21-22-A Amendment to Resolution BC-04-27-22-B Removing Restrictions on Use of the
Donation, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
J.
Enter the e-poll results into the record regarding the adopted BC resolution 06-2222-A Oneida Nation American Rescue Plan Act of 2021 Bureau of Indian Affairs
Housing Improvement Spending Plan (00:50:03)
Sponsor: Lisa Liggins, Secretary
Councilman Kirby Metoxen left at 9:38 a.m.
Motion by David P. Jordan to enter the e-poll results into the record regarding the adopted BC
resolution 06-22-22-A Oneida Nation American Rescue Plan Act of 2021 Bureau of Indian Affairs
Housing Improvement Spending Plan, seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
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K.
Enter the e-poll results into the record regarding the adopted BC resolution 06-2822-A Summer Savings at the Pump Program (01:21:20)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to enter the e-poll results into the record regarding the adopted BC resolution
06-28-22-A Summer Savings at the Pump Program, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
Motion by Lisa Liggins to direct Councilman David P. Jordan to bring back to the July 27, 2022, regular
Business Committee meeting an update regarding the Enterprise Resource Planning sub-team,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
L.
Enter the e-poll results into the record regarding the adopted BC resolution 07-0122-A Fireworks Display for 48th Annual Oneida Nation Pow Wow (01:53:31)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to enter the e-poll results into the record regarding the adopted BC
resolution 07-01-22-A Fireworks Display for 48th Annual Oneida Nation Pow Wow, seconded by David
P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
VII.
APPOINTMENTS
A.
Determine next steps regarding one (1) vacancy - Anna John Resident Centered
Care Community Board (01:54:29);(04:42:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to defer items VII.A. through VII.D. until after executive session, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
Item VIII.A.1. was addressed next.
Motion by Lisa Liggins to accept the applicant and appoint Lorna Skenandore to the Anna John
Resident Centered Care Community Board with a term ending July 31, 2026, seconded by David P.
Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
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B.
Determine next steps regarding ten (10) vacancies- Oneida Election Board
Alternate (04:43:00)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the applicants and appoint Linda Langen, Ramona Salinas, and Rosa
Laster as an Oneida Election Board Alternate with a term ending at the declaration of the 2022 Special
Election results, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
C.
Determine next steps regarding one (1) vacancy - Oneida ESC Group, LLC - Board
of Managers (04:43:33)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the applicant and appoint Jacquelyn Zalim to the Oneida ESC Group,
LLC - Board of Managers with a term ending June 30, 2025, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
D.
Determine next steps regarding two (2) vacancies - Southeastern Wisconsin
Oneida Tribal Services Advisory Board (04:43:58)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the applicant and appoint Natysha Reed to the Southeastern
Wisconsin Oneida Tribal Services Advisory Board with a term ending March 31, 2024, and direct the
Secretary to re-post the remaining vacancy, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Item XIV.A.1. was addressed next.
VIII.
STANDING COMMITTEES
A.
COMMUNITY DEVELOPMENT PLANNING COMMITTEE
1.
Accept the April 7, 2022, regular Community Development Planning Committee
meeting minutes (01:55:02)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Jennifer Webster to accept the April 7, 2022, regular Community Development Planning
Committee meeting minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
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2.
Accept the May 5, 2022, regular Community Development Planning Committee
meeting minutes (01:55:28)
Sponsor: Brandon Stevens, Vice-Chairman
Motion by Jennifer Webster to accept the May 5, 2022, regular Community Development Planning
Committee meeting minutes, seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
B.
FINANCE COMMITTEE
1.
Accept the May 31, 2022, regular Finance Committee meeting minutes (01:55:49)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to accept the May 31, 2022, regular Finance Committee meeting minutes,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
2.
Accept the June 13, 2022, regular Finance Committee meeting minutes
(01:56:13)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to accept the June 13, 2022, regular Finance Committee meeting minutes,
seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
C.
LEGISLATIVE OPERATING COMMITTEE
1.
Accept the June 1, 2022, regular Legislative Operating Committee meeting
minutes (01:56:36)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the June 1, 2022, regular Legislative Operating Committee
meeting minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
2.
Accept the June 15, 2022, regular Legislative Operating Committee meeting
minutes (01:56:59)
Sponsor: David P. Jordan, Councilman
Motion by Jennifer Webster to accept the June 15, 2022, regular Legislative Operating Committee
meeting minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
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D.
QUALITY OF LIFE COMMITTEE
1.
Accept the March 17, 2022, regular Quality of Life Committee meeting minutes
(01:57:20)
Sponsor: Marie Summers, Councilwoman
Motion by David P. Jordan to accept the March 17, 2022, regular Quality of Life Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
2.
Accept the May 19, 2022, regular Quality of Life Committee meeting minutes
(01:57:41)
Sponsor: Marie Summers, Councilwoman
Motion by David P. Jordan to accept the May 19, 2022, regular Quality of Life Committee meeting
minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
IX.
STANDING ITEMS
A.
ARPA FRF and Tribal Contribution Savings Submissions
1.
Adopt resolution entitled Obligation for 140HP Loader Tractor Utilizing Tribal
Contribution Savings (01:58:04)
Sponsor: Mark W. Powless, General Manager
Secretary Lisa Liggins left at 10:38 a.m.
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-H Obligation for 140HP Loader
Tractor Utilizing Tribal Contribution Savings, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Lisa Liggins, Kirby Metoxen, Marie Summers
2.
Adopt resolution entitled Obligation for 140HP Mixer Tractor Utilizing Tribal
Contribution Savings (02:10:44)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-I Obligation for 140HP Mixer Tractor
Utilizing Tribal Contribution Savings, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Lisa Liggins, Kirby Metoxen, Marie Summers
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3.
Adopt resolution entitled Obligation for 6155M Cab Tractor with Crimper
Utilizing Tribal Contribution Savings (02:11:11)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-J Obligation for 6155M Cab Tractor
with Crimper Utilizing Tribal Contribution Savings, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Lisa Liggins, Kirby Metoxen, Marie Summers
4.
Adopt resolution entitled Obligation for MS 400 VB Spreader Utilizing Tribal
Contribution Savings (02:11:42)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-K Obligation for MS 400 VB Spreader
Utilizing Tribal Contribution Savings, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens, Jennifer
Webster
Not Present:
Tina Danforth, Lisa Liggins, Kirby Metoxen, Marie Summers
5.
Adopt resolution entitled Obligation for Regenerative Agriculture Consultation
Assessment Utilizing Tribal Contribution Savings (02:12:05)
Sponsor: Mark W. Powless, General Manager
Secretary Lisa Liggins returned at 10:48 a.m.
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-L Obligation for Regenerative
Agriculture Consultation Assessment Utilizing Tribal Contribution Savings, seconded by Daniel
Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
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6.
Adopt resolution entitled Obligation for Public Arts and Arts Survey Utilizing
Tribal Contribution Savings (02:16:00);(02:34:47)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-M Obligation for Public Arts and Arts
Survey Utilizing Tribal Contribution Savings with two (2) noted changes [1) in line 44, correct
“$155,000” to “$50,000”; and 2) in line 52, correct “$155,000” to “$50,000”], seconded by Lisa Liggins.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
Item IX.A.7. was addressed next.
Motion by Lisa Liggins to amend the resolution entitled 07-13-22-M Obligation for Public Arts and Arts
Survey Utilizing Tribal Contribution Savings with an additional two (2) changes [1) in line 45, correct
“Land, Infrastructure, Sovereignty” to “Government Roles and Responsibilities”; and 2) in line 53,
correct “Land, Infrastructure, Sovereignty” to “Government Roles and Responsibilities”], seconded by
Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Lisa Liggins, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Daniel Guzman King, Kirby Metoxen, Marie Summers
Item IX.A.8. was addressed next.
7.
Adopt resolution entitled Obligation for Oneida National Treasures Recognition
Utilizing Tribal Contribution Savings (02:22:49)
Sponsor: Mark W. Powless, General Manager
Councilman Daniel Guzman King left at 11:05 a.m.
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-N Obligation for Oneida National
Treasures Recognition Utilizing Tribal Contribution Savings with two (2) noted changes [1) in line 46
and 54, correct “Culture and Language” to “Government Roles and Responsibilities”; and 2) in line 54,
correct “Culture and Language” to “Government Roles and Responsibilities”], seconded by David P.
Jordan. Motion carried:
Ayes:
David P. Jordan, Lisa Liggins, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Daniel Guzman King, Kirby Metoxen, Marie Summers
Motion by Lisa Liggins to reconsider item IX.6. Adopt resolution entitled Obligation for Public Arts and
Arts Survey Utilizing Tribal Contribution Savings, seconded by Jennifer Webster. Motion carried:
Ayes:
David P. Jordan, Lisa Liggins, Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Daniel Guzman King, Kirby Metoxen, Marie Summers
Item IX.A.6. was re-addressed.
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8.
Adopt resolution entitled Obligation for Oneida Nation Student Relief Fund
Utilizing Tribal Contribution Savings (02:36:10)
Sponsor: Mark W. Powless, General Manager
Councilman Daniel Guzman King returned at 11:10 a.m.
Councilman David P. Jordan left at 11:11 a.m.
Councilman David P. Jordan returned at 11:14 a.m.
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-O Obligation for Oneida Nation
Student Relief Fund Utilizing Tribal Contribution Savings, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
9.
Adopt resolution entitled Obligation for Oneida Nation Home Infrastructure
Program Utilizing Tribal Contribution Savings (02:58:24)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-P Obligation for Oneida Nation Home
Infrastructure Program Utilizing Tribal Contribution Savings, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
10.
Adopt resolution entitled Obligation for Oneida Nation Home Repair and
Improvement Program Utilizing Tribal Contribution Savings (03:13:43)
Sponsor: Mark W. Powless, General Manager
Motion by Jennifer Webster to adopt resolution entitled 07-13-22-Q Obligation for Oneida Nation Home
Repair and Improvement Program Utilizing Tribal Contribution Savings, seconded by David P. Jordan.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Not Present:
Tina Danforth, Kirby Metoxen, Marie Summers
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11.
Adopt resolution entitled Obligation for Oneida Nation Food Assistance
Program Utilizing Tribal Contribution Savings (03:14:37)
Sponsor: Mark W. Powless, General Manager
Chairman Tehassi Hill left at 11:49 p.m. Vice-Chairman Brandon Stevens assumes the role of the
Chair.
Councilman Kirby Metoxen returned at 11:53 a.m.
Motion by David P. Jordan to extend the public comment period for Nancy Barton for an additional two
(2) minutes, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Jennifer Webster
Opposed:
Kirby Metoxen
Not Present:
Tina Danforth, Tehassi Hill, Marie Summers
Motion by Lisa Liggins to adopt resolution entitled 07-13-22-R Obligation for Oneida Nation Food
Assistance Program Utilizing Tribal Contribution Savings, seconded by Jennifer Webster. Motion
carried:
Ayes:
David P. Jordan, Lisa Liggins, Kirby Metoxen, Jennifer Webster
Opposed:
Daniel Guzman King
Not Present:
Tina Danforth, Tehassi Hill, Marie Summers
The Oneida Business Committee agreed, by consensus, recessed at 12:07 p.m. to resume at 1:30
p.m. in executive session.
Meeting called to order by Chairman Tehassi Hill at 1:33 p.m.
Roll call for the record:
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Councilman
Daniel Guzman King, Councilman David Jordan, Councilman Kirby Metoxen, Councilwoman Jennifer
Webster
Not Present: Treasurer Tina Danforth, Councilwoman Marie Summers
Item XIV. was addressed next.
X.
TRAVEL REPORTS
A.
Approve the travel report - Chairman Tehassi Hill - National Republican
Congressional Committee Event - Sarasota, FL - March 25-28, 2022 (03:36:33)
Sponsor: Tehassi Hill, Chairman
Motion by David P. Jordan to approve the travel report from Chairman Tehassi Hill for the National
Republican Congressional Committee Event in Sarasota, FL - March 25-28, 2022, seconded by Lisa
Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
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B.
Approve the travel report - Treasurer Tina Danforth - SEOTS Food Card
Distribution - Milwaukee, WI - November 17-20, 2021 (03:37:08)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to approve the travel report from Treasurer Tina Danforth for the SEOTS
Food Card Distribution in Milwaukee, WI - November 17-20, 2021, seconded by Lisa Liggins. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
C.
Approve the travel report - Treasurer Tina Danforth - State of the Tribes Address Madison, WI - February 21-22, 2022 (03:37:31)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to approve the travel report from Treasurer Tina Danforth for the State of
the Tribes Address in Madison, WI - February 21-22, 2022, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
D.
Approve the travel report - Treasurer Tina Danforth - Native American Finance
Officers Association 40th Annual Conference - Seattle, WA - April 3-5, 2022
(03:37:54)
Sponsor: Tina Danforth, Treasurer
Motion by David P. Jordan to approve the travel report from Treasurer Tina Danforth for the Native
American Finance Officers Association 40th Annual Conference in Seattle, WA - April 3-5, 2022,
seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
E.
Approve the travel report - Treasurer Tina Danforth - Native American Bank Board
Meeting - Denver, CO - April 18-19, 2022 (03:38:21)
Sponsor: Tina Danforth, Treasurer
Motion by Jennifer Webster to approve the travel report from Treasurer Tina Danforth for the Native
American Bank Board Meeting in Denver, CO - April 18-19, 2022, seconded by David P. Jordan.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
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F.
Approve the travel report - Councilman David P. Jordan, Councilman Kirby
Metoxen, Councilwoman Marie Summers - Reservation Economic Summit "RES
2022" - Las Vegas, NV - May 23-26, 2022 (03:38:42)
Sponsor: Marie Summers, Councilwoman
Motion by Jennifer Webster to approve the travel report from Councilman David P. Jordan, Councilman
Kirby Metoxen, Councilwoman Marie Summers for the Reservation Economic Summit "RES 2022" in
Las Vegas, NV - May 23-26, 2022, seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, Lisa Liggins, Brandon Stevens, Jennifer
Webster
Abstained:
David P. Jordan, Kirby Metoxen
Not Present:
Tina Danforth, Marie Summers
XI.
TRAVEL REQUESTS
A.
Approve the travel request - Treasurer Tina Danforth - Native American Finance
Officers Association (NAFOA) 2022 Fall Finance & Tribal Economies Conference Mashantucket, CT - October 2-5, 2022 (03:40:01)
Sponsor: Tina Danforth, Treasurer
Motion by Kirby Metoxen to approve the travel request for Treasurer Tina Danforth to attend the Native
American Finance Officers Association (NAFOA) 2022 Fall Finance & Tribal Economies Conference in
Mashantucket, CT - October 2-5, 2022, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
B.
Approve the travel request - Secretary Lisa Liggins - Assembly Democratic
Campaign Committee Fundraiser - Wisconsin Dells, WI - July 26-27, 2022
(03:40:35)
Sponsor: Lisa Liggins, Secretary
Motion by Kirby Metoxen to approve the travel request for Secretary Lisa Liggins to attend the
Assembly Democratic Campaign Committee Fundraiser in Wisconsin Dells, WI - July 26-27, 2022,
seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Jennifer Webster
Abstained:
Lisa Liggins
Not Present:
Tina Danforth, Marie Summers
C.
Approve the travel request - Councilman Kirby Metoxen - 2022 Wisconsin State
Fair - Milwaukee, WI - August 5-7, 2022 (03:41:37)
Sponsor: Kirby Metoxen, Councilman
Motion by Jennifer Webster to approve the travel request for Councilman Kirby Metoxen to attend the
2022 Wisconsin State Fair in Milwaukee, WI - August 5-7, 2022, seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Oneida Business Committee
Regular Meeting Minutes
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D.
Approve the travel request - Councilwoman Jennifer Webster - 2022 Secretary's
Tribal Advisory Committee (STAC) meeting - Albuquerque, New Mexico September 5-10, 2022 (03:42:14)
Sponsor: Jennifer Webster, Councilwoman
Motion by David P. Jordan to approve the travel request for Councilwoman Jennifer Webster to attend
the 2022 Secretary's Tribal Advisory Committee (STAC) meeting in Albuquerque, New Mexico September 5-10, 2022, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
For the record: Secretary Lisa Liggins stated Our administrative staff in the Government Administrative
Office, our Executive Assistants, and our Accounting representatives would appreciate if all BC
members traveling ensure prompt submission of receipts, repeat PROMPT SUBMISSION OF
RECEIPTS, in order for them to complete the Expense Report within the timelines provided in the
Travel and Expense Policy. Timely reconciliation is always important, but it is especially important as
we are nearing the end of the Fiscal Year-22. Thank you.
E.
Enter the e-poll results into the record regarding the approved travel for Chairman
Tehassi Hill to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer
meeting in New Buffalo, MI - August 9-11, 2022 (03:43:35)
Sponsor: Lisa Liggins, Secretary
Motion by Jennifer Webster to enter the e-poll results into the record regarding the approved travel for
Chairman Tehassi Hill to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer meeting in
New Buffalo, MI - August 9-11, 2022, seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
F.
Enter the e-poll results into the record regarding the approved travel for
Councilman Kirby Metoxen to attend the Midwest Alliance of Sovereign Tribes
(MAST) Summer meeting in New Buffalo, MI - August 9-12, 2022 (03:44:00)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved travel for
Councilman Kirby Metoxen to attend the Midwest Alliance of Sovereign Tribes (MAST) Summer
meeting in New Buffalo, MI - August 9-12, 2022, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
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XII.
NEW BUSINESS
A.
Review the Sportsbook Rules of Play and determine next steps (03:44:48)
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
Motion by Lisa Liggins to accept the Sportsbook Rules of Play approved by the Oneida Gaming
Commission on June 30, 2022, and direct notice to the Oneida Gaming Commission there are no
requested revisions under section § 501.6-14(d), seconded by David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
B.
Review the Three Card Poker Rules of Play and determine next steps (03:45:59)
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
Motion by Jennifer Webster to accept the Three Card Poker Rules of Play approved by the Oneida
Gaming Commission on June 14, 2022, and direct notice to the Oneida Gaming Commission there are
no requested revisions under section § 501.6-14(d), seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
C.
Review the Four Card Poker Rules of Play and determine next steps (03:46:43)
Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission
Motion by Jennifer Webster to accept the Four Card Poker Rules of Play approved by the Oneida
Gaming Commission on June 14, 2022, and direct notice to the Oneida Gaming Commission there are
no requested revisions under section § 501.6-14(d), seconded by Lisa Liggins. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
D.
Approve the development of a Repatriation of Norbert Hill Center working group
(03:47:23)
Sponsor: Kirby Metoxen, Councilman
Motion by Jennifer Webster to approve the development of a Repatriation of Norbert Hill Center
working group, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Brandon Stevens,
Jennifer Webster
Abstained:
Kirby Metoxen
Not Present:
Tina Danforth, Marie Summers
E.
Post (1) vacancy - Oneida Election Board (03:49:23)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to post one (1) vacancy for the Oneida Election Board, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Oneida Business Committee
Regular Meeting Minutes
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XIII.
GENERAL TRIBAL COUNCIL
A.
Review updated GTC meeting safety protocols and determine next steps
(03:49:39)
Sponsor: Lisa Liggins, Secretary
Motion by David P. Jordan to use Attachment B for the Three Clans Complex and the Iroquois
Complex and Attachment C for the Great Lakes Complex for the set-up of the July 19, 2022, General
Tribal Council meeting, seconded by Jennifer Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Kirby Metoxen, Brandon
Stevens, Jennifer Webster
Opposed:
Lisa Liggins
Not Present:
Tina Danforth, Marie Summers
Item VII.A. was addressed next.
XIV.
EXECUTIVE SESSION
Motion by Lisa Liggins to go into executive session at 1:33 p.m., seconded by David P. Jordan. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Councilwoman Jennifer Webster left at 3:00 p.m.
Councilwoman Jennifer Webster returned at 4:04 p.m.
Motion by David P. Jordan to come out of executive session at 4:04 p.m., seconded by Brandon Stevens.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Item X.A. was addressed next.
A.
REPORTS
1.
Accept the Chief Counsel report (04:44:37)
Sponsor: Jo Anne House, Chief Counsel
Motion by Lisa Liggins to accept the Chief Counsel report, seconded by Jennifer Webster. Motion
carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
2.
Accept the General Manager report (04:44:58)
Sponsor: Mark W. Powless, General Manager
Motion by Lisa Liggins to accept the General Manager report, seconded by Jennifer Webster. Motion
carried:
Oneida Business Committee
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Ayes:
Not Present:
3.
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Tina Danforth, Marie Summers
Accept the Chief Financial Officer June 2022 report (04:45:10)
Sponsor: Larry Barton, Chief Financial Officer
Motion by Lisa Liggins to accept the Chief Financial Officer June 2022 report, seconded by David P.
Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
For the record: Secretary Lisa Liggins stated the CFO’s report is late only because the Business
Committee cancelled the last meeting in June.
4.
Accept the Treasurer's May 2022 report (04:45:43)
Sponsor: Tina Danforth, Treasurer
Motion by Lisa Liggins to accept the Treasurer's May 2022 report, seconded by Jennifer Webster.
Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
B.
NEW BUSINESS
1.
Accept the June 3, 2022, BC Officer meeting notes (04:45:57)
Sponsor: Danelle Wilson, Executive Assistant
Motion by Lisa Liggins to accept the June 3, 2022, BC Officer meeting notes, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
2.
Accept the July 5, 2022, BC Officer meeting notes (04:46:14)
Sponsor: Danelle Wilson, Executive Assistant
Motion by Lisa Liggins to accept the July 5, 2022, BC Officer meeting notes, seconded by Jennifer
Webster. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Oneida Business Committee
Regular Meeting Minutes
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July 13, 2022
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DRAFT
3.
Review application(s) for one (1) vacancy - Anna John Resident Centered Care
Community Board (04:46:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the discussion for item XIV.B.3,4,5 and 6 as information, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
4.
Review application(s) for ten (10) vacancies - Oneida Election Board Alternate
(04:46:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the discussion for item XIV.B.3,4,5 and 6 as information, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
5.
Review application(s) for one (1) vacancy - Oneida ESC Group, LLC – Board of
Managers (04:46:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the discussion for item XIV.B.3,4,5 and 6 as information, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
6.
Review applications for two (2) vacancies - Southeastern Wisconsin Oneida
Tribal Services Advisory Board (04:46:28)
Sponsor: Lisa Liggins, Secretary
Motion by Lisa Liggins to accept the discussion for item XIV.B.3,4,5 and 6 as information, seconded by
David P. Jordan. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
7.
Review and determine next steps regarding Complaint #2022-DR06-01
(04:47:33)
Sponsor: Kristal Hill, Executive Assistant
Motion by Lisa Liggins to determine Complaint #2022-DR06-01 has no merit and is considered closed,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Oneida Business Committee
Regular Meeting Minutes
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July 13, 2022
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DRAFT
8.
Review and determine next steps regarding Complaint #2022-DR08-02
(04:48:00)
Sponsor: Kristal Hill, Executive Assistant
Motion by Lisa Liggins to determine Complaint #2022-DR08-02 has no merit and is considered closed,
seconded by Kirby Metoxen. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
XV.
ADJOURN (04:48:22)
Motion by David P. Jordan to adjourn at 5:16 p.m., seconded by Daniel Guzman King. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,
Brandon Stevens, Jennifer Webster
Not Present:
Tina Danforth, Marie Summers
Minutes prepared by Aliskwet Ellis, Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Regular Meeting Minutes
Page 20 of 20
July 13, 2022
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Approve the July 15, 2022, emergency Business Committee meeting minutes
Business Committee Agenda Request
1. Meeting Date Requested:
07/27/22
2. General Information:
Session:
☒ Open
☐ Executive – must qualify under §107.4-1.
Justification: Choose reason for Executive.
3. Supporting Documents:
☐ Bylaws
☐ Contract Document(s)
☐ Correspondence
☐ Draft GTC Notice
☐ Draft GTC Packet
☐ E-poll results/back-up
☐ Other: Describe
☐ Fiscal Impact Statement
☐ Law
☐ Legal Review
☒ Minutes
☐ MOU/MOA
☐ Petition
☐ Presentation
☐ Report
☐ Resolution
☐ Rule (adoption packet)
☐ Statement of Effect
☐ Travel Documents
4. Budget Information:
☐ Budgeted
☒ Not Applicable
☐ Budgeted – Grant Funded ☐ Unbudgeted
☐ Other: Describe
5. Submission:
Authorized Sponsor:
Lisa Liggins, Secretary
Primary Requestor:
Additional Requestor:
(Name, Title/Entity)
Additional Requestor:
(Name, Title/Entity)
Submitted By:
CELLIS1
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DRAFT
Oneida Business Committee
Emergency Meeting
9:15 AM Friday, July 15, 2022
Virtual Meeting – Microsoft Teams1
Minutes
EMERGENCY MEETING
Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Treasurer Tina Danforth, Secretary
Lisa Liggins, Council members: Daniel Guzman King, David P. Jordan;
Not Present: Council members: Kirby Metoxen, Marie Summers, Jennifer Webster;
Arrived at: n/a
Others present: Jo Anne House, Larry Barton, Mark W. Powless, Todd VanDen Heuvel, Louise
Cornelius, Kaylynn Gresham, Katsitsiyo Danforth, Danelle Wilson, Kristal Hill, Amy Spears, Justin
Nishimoto, Loucinda Conway, Clorissa Santiago, Grace Elliott, Lisa Summers, Debra Danforth, Michelle
Myers, Tana Aguirre, Nathan Wisneski, Jameson Wilson, Xavier Horkman, Christopher Johnson, Debbie
Melchert, Aliskwet Ellis;
I.
CALL TO ORDER
Meeting called to order by Chairman Tehassi Hill at 9:17 a.m.
For the record: Councilman Kirby Metoxen, Councilwoman Marie Summers, and Councilwoman
Jennifer Webster are out on vacation.
II.
OPENING (00:00:28)
Opening provided by Councilman Daniel Guzman King.
III.
ADOPT THE AGENDA (00:01:33)
Motion by Lisa Liggins to adopt the agenda as presented, seconded by David P. Jordan. Motion
carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens
Not Present:
Kirby Metoxen, Marie Summers, Jennifer Webster
1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file
sharing, and video meetings.
Oneida Business Committee
Emergency Meeting Minutes
Page 1 of 2
July 15, 2022
Public Packet
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DRAFT
IV.
GENERAL TRIBAL COUNCIL
A.
Determine next steps for the semi-annual General Tribal Council meeting
scheduled on July 19, 2022 (00:05:07)
Sponsor: Tehassi Hill, Chairman
Motion by Daniel Guzman King to cancel the July 19, 2022, semi-annual General Tribal Council
meeting, seconded by Brandon Stevens. Motion carried:
Ayes:
Daniel Guzman King, David P. Jordan, Brandon Stevens
Abstained:
Tina Danforth, Lisa Liggins
Not Present:
Kirby Metoxen, Marie Summers, Jennifer Webster
Motion by Lisa Liggins to direct the Chairman, Chief Counsel, and the remaining virtual General Tribal
Council meeting team to bring back a recommendation to the July 27, 2022, regular Business
Committee meeting, seconded by Tina Danforth. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens
Not Present:
Kirby Metoxen, Marie Summers, Jennifer Webster
V.
ADJOURN (00:35:33)
Motion by David P. Jordan to adjourn at 9:55 a.m., seconded by Daniel Guzman King. Motion carried:
Ayes:
Tina Danforth, Daniel Guzman King, David P. Jordan, Lisa Liggins,
Brandon Stevens
Not Present:
Kirby Metoxen, Marie Summers, Jennifer Webster
Minutes prepared by Aliskwet Ellis, Information Management Specialist.
Minutes approved as presented on
.
Lisa Liggins, Secretary
ONEIDA BUSINESS COMMITTEE
Oneida Business Committee
Emergency Meeting Minutes
Page 2 of 2
July 15, 2022
Public Packet
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Oneida Business Committee Agenda Request
Adopt resolution entitled Adoption of the FY 2022-2026 Oneida Nation Tribal Transportation Improvement
1. Meeting Date Requested:
07 / 27 / 22
2. General Information:
Session:
Open
Agenda Header:
Executive - See instructions for the applicable laws, then choose one:
New Business
Accept as Information only
Action - please describe:
1. Motion to approve the 2022-2025 TTIP List.
2. Motion to approve and execute the BIA retained services agreement.
3. Motion to approve the Resolution and forward to the BIA.
3. Supporting Materials
Report
Resolution
Contract
Other:
1. 2022-2025 TIP List
3. BC Resolution#07-27-22-?
2. Retained Services Addendum
4.
Business Committee signature required
4. Budget Information
Budgeted - Tribal Contribution
Budgeted - Grant Funded
Unbudgeted
5. Submission
Mark W. Powless, General Manager
Authorized Sponsor / Liaison:
Jacque Boyle - DPW / Shannon Stone - DPW Director
Primary Requestor/Submitter:
Troy D. Parr, AIA - Community Development
Your Name, Title / Dept. or Tribal Member
Additional Requestor:
Name, Title / Dept.
Additional Requestor:
Name, Title / Dept.
Page 1 of 2
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Oneida Business Committee Agenda Request
6. Cover Memo:
Describe the purpose, background/history, and action requested:
Purpose:
Attached you will find the annual update for the following documents:
1. The Tribal Transportation Improvement Project (TTIP) List
2. The BIA's Retained Services Addendum
3. BC Resolution #07-27-22-? for OBC consideration and adoption
This is the annual update of the these three items allows us to continue to received our fair share of the Tribal
Federal Transportation funding delivered through the BIA. Once adopted, this resolution will allow us to
continue to progress with our Tribal Transportation Improvement Plans outlined
1) Save a copy of this form for your records.
2) Print this form as a *.pdf OR print and scan this form in as *.pdf.
3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org
Page 2 of 2
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ONEIDA LAW OFFICE
CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT
TO:
Troy D. Parr
Community Development
Use this number on future correspondence:
FROM: Jo Anne House, Chief Counsel
Digitally signed by Jo Anne
House
Date: 2022.07.18 15:43:43 -05'00'
DATE: July 18, 2022
RE:
Tribal Transportation Program Agreement Between
the Oneida Nation's and the United States
Department of Interior Bureau of Indian Affaris
2022-0553
Purchasing Department Use
Contract Approved
Contract Not Approved
(see attached explanation)
If you have any questions or comments regarding this review, please call 869-4327.
The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law
Office for legal content only. Please note the following:
1. Please confirm that this activity complies with the Public Health Declaration and any
orders issued by the COVID-19 Decision Making Team and/or Public Health Officer.
2. Please review for compliance with the current budget resolution prior to entering into
said contract.
9 The document is in appropriate legal form. (Execution is a management decision.)
9 Government to government agreement, requires Business Committee approval prior to
execution.
Note.
1. This agreement contains requirements to apply 2 CFR Part 200 purchasing processes.
Resolution # BC-04-08-20-K does not apply.
2. This agreement consolidates all prior funds under the current reporting requirements.
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TRIBAL TRANSPORTATION PROGRAM AGREEMENT
BETWEEN THE
Oneida Nation’s
AND THE
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
ARTICLE I – AUTHORITY AND PURPOSE
Section 1.
Authority. This Tribal Transportation Program Agreement (Agreement) is
entered into by the Director of the Bureau of Indian Affairs, (“Director,” which term shall mean
the Director or his designee, as appropriate), for and on behalf of the United States Department
of the Interior, Bureau of Indian Affairs (BIA) and by the Oneida Nation (“Tribe,” and together
with the Director or the BIA, the “Parties”, under the authority of the Constitution and By-Laws
of the Tribe and by resolution of the Tribal Government, a copy of which is attached hereto, and
under the authority granted by 23 U.S.C. §§ 201–202, as amended by the Surface Transportation
Reauthorization Act of 2021 (STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also
colloquially known as the “Bipartisan Infrastructure Law,” or “BIL” (together, the “Tribal
Transportation Program” or “TTP”), and the Delegations of Authority set forth in 25 U.S.C. §§
1, 1a, and 2. This Agreement will be implemented in a manner consistent with Executive Order
13175 (Nov. 6, 2000, 65 Fed. Reg. 67249) (Consultation and Coordination with Indian Tribal
Governments), the Presidential Memorandum on Tribal Consultation and Strengthening Nationto-Nation Relationships dated January 26, 2021, and authorizes the Tribe to perform the
transportation planning, research, maintenance, engineering, rehabilitation, restoration,
construction, and reconstruction of tribal transportation facilities that are located on, or provide
access to, the Oneida Nation) or a community of the Tribe that are eligible for funding under the
TTP, 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together, the “TTP Regulations”). This
Agreement is made pursuant to 23 U.S.C. § 202 (a)(2)(B), the TTP Regulations, and in
accordance with the Indian Self-Determination and Education Assistance Act (ISDEAA), Pub. L.
93-638, as amended (25 U.S.C. §§ 5301, et seq.), including for purposes of Federal Tort Claims
Act coverage.
Section 2.
Purpose. The purpose of this Agreement is as follows:
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to transfer to the Tribe all of the functions and duties that the Secretary of the Interior
would have performed with respect to a program or project under the TTP and the TTP
Regulations, other than those functions and duties that cannot be legally transferred under the
ISDEAA, together with such additional activities as the Tribe may perform under STRA-21; and
B.
to provide the Tribe or its designee, under this Agreement, its formula share of TTP funds
pursuant to STRA-21 and the TTP Regulations, together with such additional Federal Lands
Highways funds as the Tribe may receive or otherwise be entitled to through a formula or
competitive grant, award, earmark or other appropriation to the Department of Transportation, as
well any other state-aid funds under Chapter 1 of Title 23, United States Code, or funds from
other sources that may be credited to the TTP or otherwise made available to the Tribe under an
agreement to transfer such funds approved by the Director or his designee.
C.
to provide the Tribe or its designee, under this Agreement, such available prior year funds
remaining under the Fixing America’s Surface Transportation Act (FAST Act), Pub. L. 114-94
(December 4, 2015), the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L.
112-141 (July 6, 2012), or the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users (SAFETEA-LU), Pub. L. 109-59 (August 10, 2005), as the Tribe wishes to
receive, provided that:
(i)
FAST Act and MAP-21 funds transferred to the Tribe under this Agreement shall
be administered in accordance with this Agreement; and
(ii)
SAFETEA-LU funds transferred to the Tribe under this Agreement shall be
administered in accordance with this Agreement, except that in accordance with Section
1118 of SAFETEA-LU only 25% of such funds may be used for eligible road
maintenance activities; and
(iii)
FAST Act, MAP-21, SAFETEA-LU or other funds previously transferred to the
Tribe shall continue to be administered in accordance with the Tribe’s FAST Act, MAP21 and/or SAFETEA-LU Program Agreement approved by the Director on 05/10/2016,
that the Parties now mutually agree shall be amended to add the reporting requirements in
Article III, Section 7., herein, and extended until such funds are expended or returned to
the Director.
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ARTICLE II – TERMS, PROVISIONS, and CONDITIONS
Section 1.
Effective Date and Term. This Agreement shall become effective upon the date
of its approval and execution by authorized representatives of the Tribe and the Director and it
shall automatically extend for the period authorized by any statutory extensions of STRA–21 or
until all funds transferred to the Tribe under this Agreement have either been expended or
returned to the Director, whichever occurs last.
Section 2.
A.
Funding.
Subject to the availability of funding and in accordance with 23 U.S.C. § 202 (b)(4), the
Director shall provide to the Tribe or its designee, through an electronic transfer, a single annual
lump sum funding amount equal to the amount that the Tribe would otherwise receive for the
TTP as determined by Tribe’s annual funding percentage under 23 U.S.C. § 202 (b)(3), TTP
planning funds described in 23 U.S.C. § 202 (c), together with such other funds as may be made
available under, or credited to, the TTP for the Tribe to carry out eligible activities authorized by
the TTP and the TTP Regulations. Not later than 30 days after the date that funds are made
available to the Director, the funds shall be distributed to, and made available for immediate use.
B.
Upon the execution of this Agreement and a Referenced Funding Agreement (RFA) by
both Parties, and subject to the availability of funds identified in the preceding Paragraph A., the
Director shall notify the Tribe or its designee, in accordance with Article IV, Section 1 of this
Agreement, that the funds identified in the RFA are available. The Tribe shall submit electronic
banking information as required by the ACH Vendor/Miscellaneous Payment Enrollment Form
and register in the Treasury Department's Automated Standard Payment System (ASAP) to
receive the funds into its account. The Director shall provide to the Tribe a single advance
payment in the amount identified in the RFA within thirty (30) calendar days of his receipt of the
Payment Enrollment Form and notification of the Tribe’s enrollment in ASAP. The Parties agree
that the RFA will be renegotiated annually on a fiscal year basis.
C.
Pursuant to 25 C.F.R. §§ 170.607 – 170.608, Contract Support Costs (CSCs) are an
eligible cost and the Tribe may use their TTP allocation to pay such costs. The Tribe shall
include a line item for CSCs in the Tribe’s project construction budgets. The Tribe may also
include, as eligible CSCs, one-time start-up costs and pre-award costs incurred by the Tribe in
the initial year of this Agreement similar to 25 U.S.C. §§ 5325 (a)(5) and (6). The Parties
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acknowledge that TTP funds are distributed pursuant to a statutory formula to the federally
recognized tribes participating in the TTP and that the Tribe’s total share of TTP funds includes
all direct and indirect costs associated with the TTP. The Parties also acknowledge that there are
no additional TTP or other funds from the Department of the Interior that are available for any
additional CSCs incurred by the Tribe.
D.
Funds advanced to the Tribe under this Agreement shall be used by the Tribe as
permitted under 23 U.S.C. § 202 (a)(1), the TTP Regulations, other applicable laws, and as
authorized under this Agreement. The Tribe reserves the right to reallocate funds among the
eligible projects identified on its FHWA–approved Tribal Transportation Improvement Program
(TTIP), so long as such funds are used in accordance with Federal appropriations law. Funds
advanced to the Tribe pending disbursement for a purpose authorized under the Agreement may
not be reprogrammed for other purposes and therefore shall be placed in a savings, checking or
investment account containing only funds transferred under this Agreement, which is separated
from, and tracked independently of, all other Tribal accounts. For purposes of this Agreement,
such funds when invested or deposited by the Tribe shall be subject to the following:
(i)
Advanced funds not immediately spent for program activities may be
invested only in obligations of the United States, in obligations or securities that are
guaranteed or insured by the United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in obligations of the United
States or securities that are guaranteed by the United States; and
(ii)
If not invested, advanced funds must be deposited into accounts that are insured
by an agency or instrumentality of the United States or must be fully collateralized to
ensure protection of the funds, even in the event of a bank failure; and
(iii)
Interest and investment income that accrue on any funds provided for by this
Agreement become the property of the Tribe in accordance with the provisions of 25
U.S.C. § 5324 (b) and may be used on projects and activities identified on a FHWA
approved TTIP; and
(iv)
Upon the receipt of funds under this Agreement, the Tribe shall expend the funds
for the purposes set forth in this Agreement and as authorized by law; provided however
that the Tribe may accumulate multiple annual allocations of TTP funds when necessary
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to fund an eligible project that requires more than one fiscal year of funding and is
identified on a FHWA–approved TTIP.
E.
The Tribe may use funds provided under this agreement for flexible financing as
provided in 23 U.S.C. § 122, 25 C.F.R. §§ 170.227 – 230, and other applicable laws.
F.
The Tribe may issue bonds or enter into other debt financing instruments under 23 U.S.C.
§122 with the expectation of payment of TTP funds to satisfy the instruments including, but not
limited to, the repayment of loan principal and interest on such debt instruments. When the Tribe
elects to use flexible financing to advance construct an eligible project or projects under this
Agreement, the Director agrees (i) to maintain the project(s) on a FHWA–approved TTIP until
all debt instruments, including interest thereon, are repaid in full by the Tribe, and (ii) at the
option and direction of the Tribe (after receipt of electronic banking information on the Payment
Enrollment Form and notice that the Tribe has enrolled in ASAP by the Director), to provide all
or a portion of the funds the Tribe is eligible to receive under this Agreement directly to a trustee
or other depository so designated by the Tribe pursuant to the provisions of any RFA received by
the Director thereunder.
G.
The designation of an eligible debt financing instrument for reimbursement with funds
awarded under this Agreement shall not –
(i)
constitute a commitment, guarantee, or obligation on the part of the United States
to provide for payment of principle or interest on the eligible debt financing instrument
entered into by the Tribe; or
(ii)
create any right of a third party against the United States for payment under the
eligible debt financing instrument.
H.
As authorized by 25 C.F.R. § 170.228, the Tribe may use TTP funds to:
(i)
leverage other funds; and
(ii)
pay back loans or other finance instruments for a project that:
(a)
the Tribe paid for in advance of the current year using non-TTP
funds, including Tribal funds; and
(b)
was included in an FHWA-approved TTIP; and
(c)
was included in the National Tribal Transportation Facility Inventory
(NTTFI) before commencement of construction.
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The Tribe may use TTP funds awarded under this Agreement to meet matching or cost
participation requirements for any Federal or non-Federal transit grant or program.
J.
The Parties acknowledge that this Agreement is entered into, and funds are made
available to the Tribe, pursuant to 23 U.S.C. §§ 202 (a)(2)(B) and in accordance with the
ISDEAA, including for purposes of Federal Tort Claims Act coverage. Payments under this
Agreement shall be made in accordance with Article II, Section 2.B. herein. In the event funds
due the Tribe under this Agreement are not paid to the Tribe in accordance with the requirements
of Article II, Section 2.B., the Parties shall rely upon the dispute resolution provisions set forth in
Article II, Section 4 of this Agreement.
Section 3.
Powers. The Tribe shall have all powers that the Secretary of the Interior
(“Secretary”) would have exercised in administering the funds provided to the Tribe for the TTP
under 23 U.S.C. § 202 (b)(6), except to the extent that such powers are inherently Federal and
cannot be legally transferred under the ISDEAA. Such powers shall include, but are not limited
to, the Secretary’s powers under the TTP Regulations, together with such duties and
responsibilities as may be performed by the Secretary or an Indian tribe under the TTP
Regulations, or as are otherwise permitted by law.
Section 4.
Dispute Resolution. In the event of a dispute arising under this Agreement, the
Tribe and the Director agree to use mediation, conciliation, arbitration and other dispute
resolution procedures authorized under 25 C.F.R. § 170.934. The goal of these dispute resolution
procedures is to provide an inexpensive and expeditious forum to resolve disputes. The Director
agrees to attempt to resolve disputes at the lowest possible staff level and by consent whenever
possible.
Section 5.
Construction of this Agreement. This Agreement shall be construed in a
manner to facilitate and enable the transfer of programs authorized by 23 U.S.C. §§ 201-202 and
Chapter 1 of Title 23.
Section 6.
Activities to be Performed. Consistent with the provisions of 23 U.S.C. § 202
(a)(1) and the TTP Regulations, the activities to be performed by the Tribe under this Agreement
may include:
•
Transportation Planning; and
•
Program Administration; and
•
Design; and
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Preliminary Engineering (including the use of Tribal Environmental Policy Act (TEPA)
processes and procedures to satisfy compliance with the National Environmental Policy
Act (NEPA) and other environmental and cultural resource requirements); and
•
Construction; and
•
Construction Engineering; and
•
Construction Management; and
•
Road Maintenance as authorized under 23 U.S.C. § 202 (a)(8)(A), (the greater of 25% of
the funds allocated to the Tribe through the TTP funding formula under 23 U.S.C. § 202
(b) or $500,000 may be expended for the purpose of eligible road maintenance activities,
excluding road sealing that shall not be subject to any limitation); and
•
Development and negotiation of Tribal-State road maintenance agreements authorized
under 23 U.S.C. § 202 (a)(8)(C); and
•
Other TTP-eligible activities authorized under Chapter 1 or 2 of Title 23, the TTP
Regulations or other applicable law, including activities funded under agreements
developed under 23 U.S.C. § 202 (a)(9); and
•
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Section 7.
Limitation of Costs. The Tribe shall not be obligated to continue performance
under this Agreement that requires an expenditure of funds in excess of the amount of funds
awarded under this Agreement. If, at any time, the Tribe has reason to believe that the total
amount required for performance of this Agreement, or a specific activity or project conducted
under this Agreement would be greater than the amount of funds provided under this Agreement,
the Tribe shall provide reasonable notice to the Director and may suspend performance of this
Agreement until such time as additional funds are made available.
Section 8.
Carryover. Any funds provided to the Tribe under this Agreement that have not
been expended at the conclusion of the fiscal year in which such funds were allocated shall
remain in the custody of the Tribe and be used for the purposes authorized under this Agreement.
Determination of the priority and amount of funds to be used for each contractible activity shall
be the responsibility of the Tribe, except as limited by law or otherwise proscribed by this
Agreement.
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Applicable Regulations. The TTP Regulations and 2 C.F.R. Part 200 apply to
this Agreement, together with any amendments thereto, except where there is a conflict, in which
case the TTP Regulations shall control. The Tribe may seek a waiver of these regulations to the
extent permitted by law and as provided by 25 C.F.R. §§ 170.625 and 170.626.
Section 10.
Use of Tribal Facilities and Equipment.
The Parties agree that the Tribe shall
be permitted to utilize TTP, other Federal Lands Highway funds, and additional TTP-eligible
funds awarded under this Agreement to pay lease/rental rates for facilities and equipment, as
well as to maintain such facilities and equipment when performing contractible activities under
this Agreement. Consistent with subparagraph (49)(i) of Appendix A to Subpart B of 25 C.F.R.
Part 170, in those cases where the Tribe reasonably determines and provides written notice and
analysis documentation to the Director that the purchase of construction equipment is more cost
effective than the leasing of construction equipment, such equipment may be purchased upon
written approval from the BIA. As permitted by subparagraph (49)(ii) of Appendix A to Subpart
B of 25 C.F.R. Part 170, the purchase of maintenance equipment shall be an allowable cost to the
Tribe, provided that not more than the greater of 25% or $500,000 of the Tribe’s annual TTP
funds may be used for the purchase of maintenance equipment and any other maintenance
activities. Funding for the purchase of construction or maintenance equipment must be identified
on an FHWA-approved TTIP prior to expenditure.
ARTICLE III – RESPONSIBILITIES OF THE TRIBE
Section 1.
Health and Safety.
In exercising responsibility for carrying out the eligible
programs and projects under this Agreement, the Tribe assures the Director that within available
funding, the Tribe will meet all applicable health, safety, and labor standards related to the
administration, planning, engineering and construction activities performed. To this end, and
within available funding, the Tribe agrees to obtain or provide qualified personnel, equipment,
materials and services necessary to administer the transportation programs, including
opportunities that provide for Indian preference in employment and sub-contracting as mandated
by 25 U.S.C. §§ 5307 (b) and (c).
Section 2.
Program Standards and Regulations.
The Tribe agrees to initiate and
perform the contracted programs and projects in accordance with the requirements of the TTP
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Regulations. Additionally, the Tribe may, at its sole option, adopt applicable FHWA or BIA
policies, procedures, program guidelines and memoranda, or develop Tribal policies, procedures,
program guidelines and memoranda that meet or exceed federal standards to facilitate operation
or administration of any aspect of the TTP under this Agreement.
Section 3.
A.
Plans, Specifications and Estimates Approval Authority.
Tribal and BIA-owned facilities. The Tribe is authorized to review and approve plans,
specifications and estimates (“PS&E”) for project packages in accordance with the requirements
of 25 C.F.R. §§ 170.460 through 170.463 and will provide a copy of the PS&E approval to the
facility owner and BIA. The Tribe shall:
(i)
provide assurances under this Agreement that the construction will meet or
exceed applicable health and safety standards; and
(ii)
obtain the advance review of the PS&E from a civil engineer licensed by the State
in which the project is located who has certified that the PS&E meets or exceeds the
applicable health and safety standards; and
(iii)
B.
provide a copy of the State-licensed civil engineer’s certification to the Director.
Facilities owned or maintained by a public authority other than the Tribe or the BIA.
In the interest of building stronger government-to-government relations in transportation
planning and coordination, the Tribe voluntarily agrees to perform its PS&E review and approval
function as to facilities owned or maintained by a public authority, as that term is defined in 23
U.S.C. § 101 (a). For a facility owned or maintained by a public authority other than the BIA or
the Tribe, in addition to satisfying the requirements of paragraph (A)(i) of this Section, above,
the Tribe further agrees to:
(i)
provide the public authority an opportunity to review and comment on the Tribe’s
PS&E package when it is between 75 and 95 percent complete, unless an agreement
between the Tribe and the public authority states otherwise; and
(ii)
allow the public authority at least 30 days for review and comment on the PS&E
package, unless the Tribe and the public authority agree upon a longer period of time; and
(iii)
prior to soliciting bids for the project(s), certify in writing to the Director that it
afforded the public authority an opportunity to review and comment on the PS&E
package and received no written comments from the public authority that prevent the
Tribe from proceeding with the project.
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Section 4.
Transportation Planning and Inventory. Within available funding, the Tribe
agrees to carry out a transportation planning process and provide this information to the BIA,
with courtesy copies to FHWA, as may be reasonably necessary for the BIA to maintain an
updated NTTFI of TTP-eligible transportation facilities as required by 23 U.S.C. § 202 (b)(1).
The Tribe further agrees to update its Long Range Transportation Plan (LRTP) at least once
every five (5) years, including submitting the Tribe’s draft LRTP to BIA for a mid-point review
in accordance with 25 C.F.R. § 170.412.
Section 5.
Easements, Maintenance/Utility Agreements, Environmental Assessments.
In coordination with local jurisdictions, and to the extent required by Federal law, the TTP
Regulations and 25 C.F.R. Part 169, if applicable, the Tribe agrees to develop appropriate
construction easements or rights-of-way, maintenance and utility agreements needed for carrying
out the construction of TTP facilities under this Agreement. The Tribe agrees to perform all
environmental and archeological review functions under this Agreement, except those functions
that are inherently Federal and cannot be transferred, in accordance with 23 U.S.C. § 139, the
TTP Regulations, and other applicable laws.
Section 6.
A.
Construction.
In accordance with the FHWA–approved TTIP, the Tribe agrees to initiate and complete
TTP construction projects in reasonable conformity with the approved PS&E and any Triballyapproved change orders and shall ensure that adequate management of the TTP construction
project is performed according to applicable BIA, FHWA or Tribal standards that meet or exceed
federal standards.
B.
The Tribe agrees to expend TTP funds:
(i)
C.
on program and administrative expenses authorized under:
(a)
this Agreement;
(b)
the TTP Regulations, as amended by STRA-21;
(c)
2 C.F.R. Part 200; or
(d)
other applicable law; and
(ii)
construction activities on projects listed on a FHWA–approved TTIP; and
(iii)
in a manner consistent with the Buy America requirement of 23 U.S.C. § 313.
Once a TTP construction project is completed, the Tribe shall prepare for the Director a
final construction report and as-built plans for final inspection in accordance with the
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TTP regulations at 25 C.F.R. §§ 170.472 through 170.474 and 25 C.F.R. Part 169, if
applicable.
D.
The Tribe agrees to allow BIA officials or, by mutual agreement, a delegated
representative of BIA, the opportunity to visit project sites at critical project milestones or other
mutually agreeable times, provided that BIA gives the Tribe reasonable advance written notice.
These visits are intended to allow BIA to carry out its oversight and stewardship responsibilities
for the TTP or project(s) assumed by the Tribe under this Agreement. BIA will not provide
direction or instruction to the Tribe’s contractor or any subcontractor at any time.
Section 7.
A.
Reporting Requirements.
If the Tribe must have a Single Audit as required by 2 C.F.R. § 200.501, it shall provide
the Director with a courtesy copy of the Tribe’s annual Single Audit report within 30 days of its
submission to the Federal Audit Clearinghouse. If the Tribe is not required by 2 C.F.R.
§ 200.501 to carry out a Single Audit for a specific fiscal year, then the Tribe shall provide a
written statement to the Director certifying that a Single Audit is not required for that fiscal year.
B.
The Tribe shall also provide the Director with its annual and semi-annual financial status
reports for the TTP and other funds awarded under this Agreement using a Federal Financial
Report, SF-425, within sixty (60) days following the conclusion of each reporting period, which
shall run from October 1 to March 31 and from April 1 to September 30.
C.
Additionally, in order to assist the Tribe with fulfilling the reporting requirements of 23
U.S.C. §201 (c)(6)(C) applicable to all recipients of TTP funds, BIA and FHWA have
established an electronic data reporting system known as the Tribal Transportation Program
Online Reporting Tool (PORT). The Tribe shall be responsible for inputting all of its required
data into PORT no later than December 30 of each year. From that data, a report will be
generated by BIA and FHWA for the Secretary and the Secretary of Transportation, respectively.
The Tribe acknowledges its understanding that timely submission of its data is mandated by
statute and that non-compliance with this requirement may be a sole basis for withholding
available TTP funds until the Tribe complies with this paragraph or, in the event the Tribe fails
to achieve compliance within a reasonable time, termination of this Agreement by the Director.
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ARTICLE IV – RESPONSIBILITIES OF THE DIRECTOR
Section 1.
Provision of Funds. The Director shall provide funds to the Tribe in accordance
with Article II, Section 2 of this Agreement.
Section 2.
Authorize Project Work.
The Director authorizes the Tribe to carry out
transportation planning, preliminary engineering, construction engineering, development of
management systems, construction, and maintenance of the programs and projects that are
otherwise contractible under this Agreement related to projects/facilities included on an FHWA–
approved TTIP in accordance with the approved project packages, this Agreement, and
applicable laws and regulations.
Section 3.
Coordination with Public Authorities.
The Director, upon the Tribe’s
request, shall coordinate with representatives of a public authority to assist the Tribe during the
public authority’s review of a PS&E package or final inspection of a completed project to ensure
that the public authority’s input during the review and comment period, or during the final
inspection does not interfere with the Tribe’s efficient administration of projects performed
under this Agreement.
Section 4.
Designated Officials.
All notices, proposed amendments, and other
written correspondence between the Parties shall be submitted to the following officials:
To the Tribe:
To the BIA:
Chairman Tehassi Hill
Oneida Nation
Post Office Box 365
Oneida, WI 54155-0365
Director
Bureau of Indian Affairs
United States Department of the Interior
1849 C Street, N.W., MS 4606 MIB
Washington, D.C. 20240
With a copy to:
With a copy to:
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Click here to enter text.
Click here to enter text.
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Chief, Division of Transportation
Bureau of Indian Affairs
United States Department of the Interior
1849 C Street, N.W., MS 3645 MIB
Washington, D.C. 20240
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Section 5.
Federal Construction Standards. The Director may provide information about
Federal construction standards as early as possible in the construction process. If Tribal
construction standards are consistent with or exceed applicable federal standards, the Tribe’s
proposed standards will be accepted. The Director may also accept commonly used industry
construction standards, including design and construction standards adopted by the State where
the project is constructed.
Section 6.
Joint Inspection.
The Tribe shall conduct the final project inspection jointly
with the Director and the facility owner for the purpose of BIA’s acceptance of the construction
project or activity, and for the purpose of updating the NTTFI.
Section 7.
A.
Technical Assistance and Retained Services.
Technical Assistance. Upon the request of the Tribe and subject to the availability of
funds, the Director shall provide or make available technical assistance to the Tribe to aid the
Tribe in carrying out its responsibilities under this Agreement.
B.
Retained Services. Upon the request of the Tribe, the Director may provide planning,
preliminary engineering and construction engineering by direct service to the Tribe under the
terms of a Retained Services Addendum (RSA). The RSA shall be negotiated and agreed upon
before any direct services are commenced by the Director or his designees, and any funds
associated with the RSA shall remain with the Regional TTP office. Any funds remaining after
the direct services identified in the RSA are completed shall be returned to the Tribe.
Section 8.
Notice of Availability of Additional Funds.
If the Director receives notice
of the availability of additional funding for any purpose authorized under this Agreement,
including the availability of unspent TTP funds, the Director shall promptly notify the Tribe
regarding such funding so that the Tribe may apply for any funds they may be eligible to receive
on the same basis as any other Indian tribe.
ARTICLE V – OTHER PROVISIONS
Section 1.
Eligibility for Additional Funding and Services. The Tribe shall be eligible,
under this Agreement, to receive additional TTP funds on the same basis as other Indian tribes
according to statutory formula as provided by 23 U.S.C. § 202 (b)(3), as well as other funds not
included in this Agreement that are available to Tribe on a competitive, formula, or other basis,
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including non-recurring funding such as TTP High Priority Projects, Bridge, or Safety funds,
Congressional earmarks, other discretionary grant programs and any federal-aid funds under
Chapter 1 of Title 23, United States Code, or funds from other sources that may be credited to
the TTP as provided by 23 U.S.C. § 202 (a)(9) and made available to the Tribe, but only under
the terms of an agreement to transfer such funds that is acceptable to, and approved by, the
Director or his designee. Whenever there are errors in calculations or other mistakes regarding
estimates of available funding that may need to be renegotiated, both Parties agree to take action
as necessary to correct such errors.
Section 2.
Access to Data Available to the Director to Administer the Program.
The Tribe is administering a federal program under the authority of STRA-21 and by resolution
of the Tribal government. In order for the Tribe to carry out this program effectively and without
diminishment of federal services to program beneficiaries, and consistent with this Agreement,
the Director shall provide the Tribe with all releasable data and information necessary to carry
out the contractible activities assumed by the Tribe under this Agreement.
Section 3.
A.
Sovereign Immunity.
Nothing in this Agreement shall be construed as:
affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from
suit enjoyed by the Tribe; or
B.
authorizing or requiring the termination of any existing trust responsibility of the United
States to Indians.
Section 4.
Trust Responsibility.
Nothing in this Agreement shall absolve the United
States from any responsibility to individual Indians and the Tribe, including responsibilities
derived from the trust relationship and any treaty, executive order, or agreement between the
United States and the Tribe.
Section 5.
Federal Tort Claims Act/Insurance.
In accordance with the provisions of
Pub. L. 101-512, Title III, § 314, 104 Stat. 1959, as amended by Pub. L. 103-138, Title III, §
308, 107 Stat. 1416 (25 U.S.C. § 5321), for purposes of Federal Tort Claims Act coverage under
this Agreement, the Tribe and its employees are deemed to be employees of the Federal
government while performing TTP work under this Agreement. This status is not changed by the
source of the funds used by the Tribe to pay the employee’s salary and benefits unless the
employee receives additional compensation for performing covered services from anyone other
than the Tribe. The Tribe is also authorized to use the funds provided under this Agreement to
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purchase such insurance coverage as may be necessary and prudent, in the determination of the
Tribe. In full recognition of and without undermining the Federal Tort Claims Act protection
provided in this section, the Parties understand and agree that prudent project management
requires that Tribal contractors purchase adequate workers compensation, auto and general
liability insurance when carrying out construction projects funded under this Agreement.
Accordingly, the Tribe shall include in any construction contracts entered into with funds
provided under this Agreement a requirement that Tribal contractors maintain workers
compensation, auto, general liability insurance and bond coverage consistent with statutory
minimums and local construction industry standards. The Parties understand and agree that this
insurance requirement does not apply to the Tribe itself.
Section 6.
A.
Indian and Tribal Preference.
Federal law gives hiring and training preferences, to the greatest extent feasible, to
Indians for all work performed under the TTP. Under 25 U.S.C. §§ 5307 (b) and (c), Indian
organizations and Indian-owned economic enterprises are entitled to a preference, to the greatest
extent feasible, in the award of contracts, subcontracts, and sub-grants for all work performed
under the TTP.
B.
The Tribe’s employment rights and contracting preference laws, including tribal
preference laws, apply to this Agreement.
C.
As required by 23 U.S.C. § 202 (a)(10), the Tribe shall establish procurement
management standards providing for full and open competition in accordance with 25 C.F.R.
Part 900, Subpart F., as authorized by 23 U.S.C. § 202 (b)(6)(A). Tribal labor and tribal force
account procedures may be employed on any tribal transportation project pursuant to 23 U.S.C. §
202 (a)(3). If the Tribe wishes to use a procurement method that is not provided for in its
established procurement management standards or its tribal force account procedures for a
particular tribal transportation project, the BIA shall promptly review and respond to a written
request from the Tribe justifying the alternative procurement method. In making its decision,
BIA shall work within the project procurement schedule and comply with the liberal construction
requirements of 25 C.F.R. § 170.2 (h) and the federal obligations set forth in 25 C.F.R.
§ 170.103.
Page 15 of 18
Public Packet
Section 7.
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Program Review.
In compliance with 25 C.F.R. § 170.703, the Tribe agrees
to allow BIA and/or FHWA officials or their designees/representatives (Review Team), to
perform a TTP review, including but not limited to on-site and virtual reviews. The TTP review
is intended to allow BIA to carry out its oversight and stewardship responsibilities for the TTP
assumed by the Tribe under this Agreement.
Section 8.
Severability. Should any portion or provision of this Agreement be held invalid,
it is the intent of the Parties that the remaining portions or provisions thereof continue in full
force and effect.
Section 9.
Termination of the Agreement.
In the event that the Tribe wishes to
terminate this Agreement, the Tribe shall notify the Director in writing of its intention to do so,
including specifying the effective date of termination, and thereafter the Director shall continue
to provide transportation services in accordance with applicable law. In the event the Director
makes a specific written finding that the Tribe has failed to comply with the terms of this
Agreement and provides notice to the Tribe that it is no longer eligible to receive funding under
this Agreement, at the Tribe’s election, the Tribe may perform such contractible activities of the
TTP as it chooses to include in an ISDEAA contract or agreement to be entered into with the
Secretary of the Interior upon the termination of this Agreement. If the Tribe disputes the
Director’s eligibility determination, the Parties may utilize the dispute remedies available under
Article II, Section 4 herein, and the Director shall suspend any decision to transfer funds pending
the outcome of the dispute.
Section 10.
(RESERVED FOR ANY SPECIAL CONDITIONS/ISSUES)
Section 11.
Amendments. Any modification of this Agreement shall be in the form of a
written amendment and shall require the signed agreement of a duly authorized representative of
the Tribe and the Director. The Parties agree to work together in good faith, following the
implementation of this Agreement, to identify additional issues or matters that should be
addressed in this Agreement subject to the Parties’ mutual written consent.
Section 12.
Good Faith. The Parties agree to exercise the utmost good faith in the
implementation and interpretation of this Agreement and agree to consider and negotiate such
additional provisions as may be required to improve the delivery and cost-effectiveness of
transportation services.
Page 16 of 18
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Section 13.
Negotiation of a Successor Tribal Transportation Program Agreement.
Consistent with the provisions of Article II, Section 1 herein, the Parties shall commence
negotiation of a successor Tribal Transportation Program Agreement only after the enactment of
the highway reauthorization legislation that succeeds STRA-21.
Section 14.
A.
Electronic or Digital Signature Election and Authorization.
The Parties are not required to electronically execute and transmit this Agreement, the
RFA, RSA (if applicable), or any Amendments of each, by e-mail attachment PDF but the Tribe
may choose to do so, and only in such event shall the following be applicable:
(i)
the Parties agree that an electronic PDF of this Agreement, the RFA, RSA (if
applicable), and any Amendments of each, in its entirety bearing their respective
authorized signatures shall act as their legally binding execution of each document; and
(ii)
that the Tribe shall attach and transmit to the Director an electronic PDF of its
Tribal government resolution or other official action authorizing its representative to sign
this Agreement, the RFA, RSA (if applicable), and Amendments of each, on the Tribe’s
behalf; and
(iii)
that execution of this Agreement, the RFA, RSA (if applicable), and any
Amendments of each in such a manner shall have the same effect as an original
handwritten signature and the electronic counterparts shall together constitute one and the
same instrument.
Page 17 of 18
Public Packet
Section 15.
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Counterparts and Electronic Copies.
This Agreement may be executed in
exact counterparts, electronically scanned, and transmitted via e-mail attachment to the other
Party, each of which shall be deemed the original, and all of which together shall constitute one
and the same instrument.
Oneida Nation
By
Tehassi Hill
Chairman
Date
United States Department of the Interior
Bureau of Indian Affairs
By
Date
Page 18 of 18
Darryl LaCounte
Director
Public Packet
67 of 420
FY2022 STRA-21 RFA
FY2022 REFERENCED FUNDING AGREEMENT
Pursuant to Oneida Nation‘s
Tribal Transportation Program Agreement (New AGREEMENT NUMBER )
With the Bureau of Indian Affairs
Section 1.
Authority. This Referenced Funding Agreement (RFA) is entered into by the
Director, Bureau of Indian Affairs (BIA), on behalf of the Secretary of the Interior, and by the
Oneida Nation (Tribe) and together with the BIA (collectively “the Parties”), pursuant to the
Tribal Transportation Program Agreement (Program Agreement) between the Parties for
comprehensive transportation planning, research, design, engineering, construction, maintenance
of highway, road, bridge, parkway, or transit facility programs or projects that are located on, or
which provide access to, the Oneida Nation along with related program administration activities
and associated transportation services authorized by the Tribal Transportation Program (TTP), 23
U.S.C. §§ 201-202, as amended by the Surface Transportation Reauthorization Act of 2021
(STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also colloquially known as the
“Bipartisan Infrastructure Law,” or “BIL,” 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together,
the “TTP Regulations”), and in accordance with the Indian Self-Determination and Education
Assistance Act (ISDEAA), Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq., including for
purposes of Federal Tort Claims Act coverage, and by resolution of the Tribe’s governing body.
Section 2.
Effective Date. This RFA is effective upon its approval and execution by
authorized representatives of the Tribe and BIA, except that if the Program Agreement is not yet
in effect, then this RFA shall become effective upon approval of the Program Agreement by
authorized representatives of the Tribe and BIA.
Section 3.
Purpose. The purpose of this RFA is to identify the source and amounts of funds
for Fiscal Year 2022 made available to the Tribe under the Program Agreement, the time and
method of payment, and such other provisions as the Parties agree in writing, if any, as provided
below.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Section 4.
Summary of Funds. The total amount and sources of funding provided under
this RFA are as follows:
Prior Year Funds (If Applicable)
IRR Program Funds __________________________
TTP Funds
Highway Infrastructure Program Funds
TTP Transportation Planning Funds (2%)
TTP Safety Funds
Tribal Transportation Facility Bridge Program Funds
Other Prior Year Funds
Total Prior Year Funding
$
-
FY 2022 Tribal Transportation Program Funds and Other FHWA Funds
TTP Funds STRA-21
$
1,300,583.94
TTP Transportation Planning Funds (2%) STRA-21
$
29,762.28
TTP Funds FAST ACT
$
108,362.63
TTP Transportation Planning Funds (2%) FAST ACT
$
2,462.79
Total FY 2022 Funds:
$
1,441,171.64
Total Amount for this RFA:
$
1,441,171.64
TTP Safety Funds
TTP HPP
Tribal Transportation Facility Bridge Program Funds
Other Federal Lands Highways Program Funds
Funds Transferred Under Intergovernmental Fund Transfer Agreement
Other Funds As Described in Attached Agreement
Funds Retained Under Retained Services Addendum
Page 2 of 4
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Section 5.
Use and Administration of Highway Infrastructure Programs Funds. Funds
identified as “Highway Infrastructure Programs” funds under this RFA are made available
pursuant to Title IV, Division M of the “Coronavirus Response and Relief Supplemental
Appropriations Act,” Pub. L. 116-260 (Dec. 21, 2020) (“HIP-CRRSAA Funds”), for activities
eligible under the TTP, as described in 23 U.S.C. § 202, and shall be administered by the Tribe
in accordance with the Program Agreement, subject to the following:
a) HIP-CRRSAA Funds may be used without limitation to pay for costs related to
preventive maintenance, routine maintenance, operations, personnel, including
salaries of employees (including those employees who have been placed on
administrative leave) or contractors, debt service payments, availability payments,
and coverage for other revenue losses, provided that all such costs must be related
to highway surface transportation.
b) An approved Long-Range Transportation Plan (“LRTP”) or Transportation
Improvement Program (“TIP”), 23 U.S.C. §§ 134 and 135, is not required before
the Tribe may expend HIP-CRRSAA funds for costs related to preventive
maintenance, routine maintenance, operations, personnel, including salaries of
employees (including those employees who have been placed on administrative
leave), or contractors, debt service payments, availability payments and coverage
for other revenue losses. An approved LRTP and TIP is required before HIPCRRSAA Funds may be expended on any other TTP-eligible activities.
c) The Tribe shall separately track expenditures for all HIP-CRRSAA Funds and
report on such expenditures in accordance with Article III, Section 7 of the
Program Agreement.
Section 6.
Time and Method of Payment. Subject to the availability of funds, and the
execution of this RFA by both Parties, the Director shall provide to the Tribe or its designee the
funds identified in Section 4 of this RFA in a single advance payment within thirty (30) calendar
days. This transfer shall be made electronically. The final amounts available in the fiscal year are
subject to the determination of the Tribe’s share and other funds described under Article II,
Section 2.A of the Program Agreement.
Section 7.
Amendments. Except as otherwise provided by the Program Agreement, any
modification of this RFA shall be in the form of a written amendment and shall require the
signatures of the authorized representatives of the Tribe and the Director.
Section 8.
Retained Services. In accordance with Article IV, Section 7.B., of the Program
Agreement, and upon agreement of both parties, the Director will perform the activities
identified in the attached “Retained Services Addendum” (RSA), if any. The funds identified in
the RSA shall be retained by the Director. Any funds retained under this RSA that are not
expended by the Director as of September 1st of the respective funding year shall be obligated to
the Tribe’s Program Agreement prior to September 30th of that funding year.
Section 9.
Fiscal Year 2023 Referenced Funding Agreement. The Parties shall
commence negotiation of a successor RFA at the beginning of Fiscal Year 2023, with the
intention that the FY2023 RFA be made available for use as soon as possible after October 1,
2022.
Page 3 of 4
Public Packet
Oneida Nation
By
Date
Tehassi Hill
Chairman
70 of 420
United States Department of the Interior
Bureau of Indian Affairs
By
Date
Page 4 of 4
Jeanette Hanna
Deputy Bureau Director
Indian Services
Public Packet
71 of 420
Name of
Tribe
Current Year Annual
Transportation Allocation
ONEIDA NATION
$
1,205,457
Tribal Transportation Improvement Plan
Priority
1
BIA
Route #
1040
Section
10
Project
Length
0.7
Year of
Constr
2021
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Location (Start and End Points)
Description of Work
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
Smit Farm (Peter Hill Lane/Bread Creek Village)
$
30,000
Tribe
$
376,000
Tribe
$
1,500
Tribe
$
407,500
extend community roads, new bituminous surface
2
1048
10
0.1
2021
Maple Leaf west (Cattails Marsh Neighborhood)
Road construction
$
24,000
Tribe
$
400,000
Tribe
$
5,000
Tribe
$
429,000
3
1043
10
0.1
2021
Manders Court (Metoxen Land / Uskah Village)
Road construction
$
10,000
Tribe
$
40,000
Tribe
$
5,000
Tribe
$
55,000
4
NA
NA
NA
2021
Oneida - Pedestrian Trail Infrastructure Project
$
10,000
Tribe
$
90,000
Tribe
$
100,000
NA
NA
NA
NA
TTP Road Maintenance
$
150,000
$
150,000
TTP Transportation Planning (LRTP & Inventory work)
$
63,957
$
63,957
$
1,205,457
(TTP Construction Funds for TTP Road Maintenance)
NA
NA
NA
NA
(TTP Construction Funds for TTP Transportation Planning)
FY22 Totals
Public Packet
Priority
BIA
Route #
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Section
Project
Length
Year of
Constr
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Location (Start and End Points)
Description of Work
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
1
1048
10
0.1
2022
Maple Leaf west (Cattails Marsh Neighborhood)
Road construction
$
100,000
Tribe
$
550,000
2
1043
10
0.1
2022
Manders Court (Metoxen Land / Uskah Village)
Road construction
$
100,000
Tribe
$
204,000
3
NA
NA
NA
2022
Oneida - Pedestrian Trail Infrastructure Project
NA
NA
NA
NA
TTP Road Maintenance
$
TTP Transportation Planning (LRTP & Inventory work)
$
Tribe
$
25,000
$
650,000
$
329,000
$
-
176,000
$
176,000
50,457
$
50,457
$
1,205,457
Tribe
(TTP Construction Funds for TTP Road Maintenance)
NA
NA
NA
NA
(TTP Construction Funds for TTP Transportation Planning)
FY23 Total
Public Packet
Priority
1
BIA
Route #
1307
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Section
20
Project
Length
0.22
Road Name
Year of
Constr
2023
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Location (Start and End Points)
Description of Work
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Construction Engineering
Estimated Cost
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
Minoka Hill Drive
$
30,000
Tribe
$
200,000
Tribe
$
10,000
Tribe
$
240,000
Seminary Road (Ranch to CTH E)
$
5,000
Tribe
$
268,700
Tribe
$
5,000
Tribe
$
278,700
$
-
mill & overlay
2
5022
810
1.2
2023
Road construction
3
1048
10
0.1
2023
Maple Leaf west (Cattails Marsh Neighborhood)
Road construction
4
1043
10
0.1
2023
Manders Court (Metoxen Land / Uskah Village)
Road construction
$
5,000
Tribe
$
290,300
Tribe
$
5,000
Tribe
$
300,300
5
1029
10
0.3
2023
Sand Hill Court
mill & overlay
$
15,000
Tribe
$
200,000
Tribe
$
15,000
Tribe
$
230,000
NA
NA
NA
NA
TTP Road Maintenance
$
106,000
$
106,000
TTP Transportation Planning (LRTP & Inventory work)
$
50,457
$
50,457
$
1,205,457
(TTP Construction Funds for TTP Road Maintenance)
NA
NA
NA
NA
(TTP Construction Funds for TTP Transportation Planning)
FY24 Total
Public Packet
Priority
BIA
Route #
1
5022
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Section
810
Project
Length
1.2
Year of
Constr
2024
All Planning, Prelim Eng., Arch, Env,
ROW Activities will be included as
TOTAL PE costs per Project
Road Name
Location (Start and End Points)
Description of Work
Estimated Cost
Who/How Work Done
Construction
Estimated Cost
Who/How
Work Done
Seminary Road (Ranch to CTH E)
$
50,000
Tribe
$
644,000
Tribe
Oneida - Pedestrian Trail Infrastructure Project
$
30,000
Tribe
$
300,000
Tribe
Construction Engineering
Estimated Cost
$
50,000
Who/How
Work Done
Other
Total
Estimated Cost
Estimated Cost
Tribe
$
744,000
$
330,000
Road construction
2
NA
NA
NA
2024
NA
NA
NA
NA
TTP Road Maintenance
$
81,000
$
81,000
TTP Transportation Planning (LRTP & Inventory work)
$
50,457
$
50,457
$
1,205,457
(TTP Construction Funds for TTP Road Maintenance)
NA
NA
NA
NA
(TTP Construction Funds for TTP Transportation Planning)
FY25 Totals
Project Information:
Who/How Work Done: Possible Choices
BIA Route #
List all routes that will be worked on.
Section
List only those sections that will be worked on along with corresponding length
Location
List start and end points of where work will be performed (road names, rivers, end, etc.)
Description
of Work
List as much detail as you can including existing road type and work to be performed
Estimated Cost:
Provide dollar amounts that you estimate will be required for each project/phase
utilizing new funds from that year only. Prior year money obligated to contract
should not be listed here.
BIA
BIA will perform direct service (DS) work for the Tribe as outlined in a Retained Service Agreement (RSA)
as approved/signed by the Tribe and BIA.
(Self Determination, G2G, and Self Gov Tribes can all elect to receive these services)
638
Self Determination Tribe will enter into a P638 contract with the BIA and either perform work with
in-house staff or subcontract work out to consultant/contractor.
Coop
Tribe can receive funding through a P638 contract, G2G, or Self Gov Agreement. Tribe will then
enter into a 2-party (Coop) agreement with County, State, Township etc. who will usually serve as
the lead agency for the project.
Tribe
Tribe administers program/project through a Self Governance or G2G Agreement.
Public Packet
75 of 420
FY2022 STRA-21 RFA
FY2022 REFERENCED FUNDING AGREEMENT
Pursuant to Oneida Nation’s
Tribal Transportation Program Agreement (New AGREEMENT NUMBER )
With the Bureau of Indian Affairs
Section 1.
Authority. This Referenced Funding Agreement (RFA) is entered into by the
Director, Bureau of Indian Affairs (BIA), on behalf of the Secretary of the Interior, and by the
Oneida Nation (Tribe) and together with the BIA (collectively “the Parties”), pursuant to the
Tribal Transportation Program Agreement (Program Agreement) between the Parties for
comprehensive transportation planning, research, design, engineering, construction, maintenance
of highway, road, bridge, parkway, or transit facility programs or projects that are located on, or
which provide access to, the Oneida Nation along with related program administration activities
and associated transportation services authorized by the Tribal Transportation Program (TTP), 23
U.S.C. §§ 201-202, as amended by the Surface Transportation Reauthorization Act of 2021
(STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also colloquially known as the
“Bipartisan Infrastructure Law,” or “BIL,” 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together,
the “TTP Regulations”), and in accordance with the Indian Self-Determination and Education
Assistance Act (ISDEAA), Pub. L. 93-638, as amended, 25 U.S.C. § 5301 et seq., including for
purposes of Federal Tort Claims Act coverage, and by resolution of the Tribe’s governing body.
Section 2.
Effective Date. This RFA is effective upon its approval and execution by
authorized representatives of the Tribe and BIA, except that if the Program Agreement is not yet
in effect, then this RFA shall become effective upon approval of the Program Agreement by
authorized representatives of the Tribe and BIA.
Section 3.
Purpose. The purpose of this RFA is to identify the source and amounts of funds
for Fiscal Year 2022 made available to the Tribe under the Program Agreement, the time and
method of payment, and such other provisions as the Parties agree in writing, if any, as provided
below.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 1 of 4
Public Packet
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Section 4.
Summary of Funds. The total amount and sources of funding provided under
this RFA are as follows:
Prior Year Funds (If Applicable)
IRR Program Funds
IRR Program Transportation Planning (2%)
IRR Bridge Program Funds
TTP Funds
Highway Infrastructure Program Funds
TTP Transportation Planning Funds (2%)
TTP Safety Funds
Tribal Transportation Facility Bridge Program Funds
Other Prior Year Funds
Total Prior Year Funding
$
-
FY 2022 Tribal Transportation Program Funds and Other FHWA Funds
TTP Funds
$
1,200,000.00
TTP Transportation Planning Funds (2%)
$
30,000.00
Total FY 2021 Funds:
$
1,230,000.00
Total Amount for this RFA:
$
1,230,000.00
TTP Safety Funds
Tribal Transportation Facility Bridge Program Funds
Other Federal Lands Highways Program Funds
Funds Transferred Under Intergovernmental Fund Transfer Agreement
Other Funds As Described in Attached Agreement
Funds Retained Under Retained Services Addendum
Page 2 of 4
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Section 5.
Use and Administration of Highway Infrastructure Programs Funds. Funds
identified as “Highway Infrastructure Programs” funds under this RFA are made available
pursuant to Title IV, Division M of the “Coronavirus Response and Relief Supplemental
Appropriations Act,” Pub. L. 116-260 (Dec. 21, 2020) (“HIP-CRRSAA Funds”), for activities
eligible under the TTP, as described in 23 U.S.C. § 202, and shall be administered by the Tribe
in accordance with the Program Agreement, subject to the following:
a) HIP-CRRSAA Funds may be used without limitation to pay for costs related to
preventive maintenance, routine maintenance, operations, personnel, including
salaries of employees (including those employees who have been placed on
administrative leave) or contractors, debt service payments, availability payments,
and coverage for other revenue losses, provided that all such costs must be related
to highway surface transportation.
b) An approved Long-Range Transportation Plan (“LRTP”) or Transportation
Improvement Program (“TIP”), 23 U.S.C. §§ 134 and 135, is not required before
the Tribe may expend HIP-CRRSAA funds for costs related to preventive
maintenance, routine maintenance, operations, personnel, including salaries of
employees (including those employees who have been placed on administrative
leave), or contractors, debt service payments, availability payments and coverage
for other revenue losses. An approved LRTP and TIP is required before HIPCRRSAA Funds may be expended on any other TTP-eligible activities.
c) The Tribe shall separately track expenditures for all HIP-CRRSAA Funds and
report on such expenditures in accordance with Article III, Section 7 of the
Program Agreement.
Section 6.
Time and Method of Payment. Subject to the availability of funds, and the
execution of this RFA by both Parties, the Director shall provide to the Tribe or its designee the
funds identified in Section 4 of this RFA in a single advance payment within thirty (30) calendar
days. This transfer shall be made electronically. The final amounts available in the fiscal year are
subject to the determination of the Tribe’s share and other funds described under Article II,
Section 2.A of the Program Agreement.
Section 7.
Amendments. Except as otherwise provided by the Program Agreement, any
modification of this RFA shall be in the form of a written amendment and shall require the
signatures of the authorized representatives of the Tribe and the Director.
Section 8.
Retained Services. In accordance with Article IV, Section 7.B., of the Program
Agreement, and upon agreement of both parties, the Director will perform the activities
identified in the attached “Retained Services Addendum” (RSA), if any. The funds identified in
the RSA shall be retained by the Director. Any funds retained under this RSA that are not
expended by the Director as of September 1st of the respective funding year shall be obligated to
the Tribe’s Program Agreement prior to September 30th of that funding year.
Section 9.
Fiscal Year 2023 Referenced Funding Agreement. The Parties shall
commence negotiation of a successor RFA at the beginning of Fiscal Year 2023, with the
intention that the FY2023 RFA be made available for use as soon as possible after October 1,
2022.
Page 3 of 4
Public Packet
Oneida Nation
By
Date
Tehassi Hill
Chairman
78 of 420
United States Department of the Interior
Bureau of Indian Affairs
By
Date
Page 4 of 4
Jeanette Hanna
Deputy Bureau Director
Indian Services
Public Packet
79 of 420
TRIBAL TRANSPORTATION PROGRAM AGREEMENT
BETWEEN THE
Oneida Nation’s
AND THE
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF INDIAN AFFAIRS
ARTICLE I – AUTHORITY AND PURPOSE
Section 1.
Authority. This Tribal Transportation Program Agreement (Agreement) is
entered into by the Director of the Bureau of Indian Affairs, (“Director,” which term shall mean
the Director or his designee, as appropriate), for and on behalf of the United States Department
of the Interior, Bureau of Indian Affairs (BIA) and by the Oneida Nation (“Tribe,” and together
with the Director or the BIA, the “Parties”, under the authority of the Constitution and By-Laws
of the Tribe and by resolution of the Tribal Government, a copy of which is attached hereto, and
under the authority granted by 23 U.S.C. §§ 201–202, as amended by the Surface Transportation
Reauthorization Act of 2021 (STRA-21), Div. A of Pub. L. 117-58 (November 15, 2021), also
colloquially known as the “Bipartisan Infrastructure Law,” or “BIL” (together, the “Tribal
Transportation Program” or “TTP”), and the Delegations of Authority set forth in 25 U.S.C. §§
1, 1a, and 2. This Agreement will be implemented in a manner consistent with Executive Order
13175 (Nov. 6, 2000, 65 Fed. Reg. 67249) (Consultation and Coordination with Indian Tribal
Governments), the Presidential Memorandum on Tribal Consultation and Strengthening Nationto-Nation Relationships dated January 26, 2021, and authorizes the Tribe to perform the
transportation planning, research, maintenance, engineering, rehabilitation, restoration,
construction, and reconstruction of tribal transportation facilities that are located on, or provide
access to, the Oneida Nation) or a community of the Tribe that are eligible for funding under the
TTP, 25 C.F.R. Part 170 and 23 C.F.R. Part 661 (together, the “TTP Regulations”). This
Agreement is made pursuant to 23 U.S.C. § 202 (a)(2)(B), the TTP Regulations, and in
accordance with the Indian Self-Determination and Education Assistance Act (ISDEAA), Pub. L.
93-638, as amended (25 U.S.C. §§ 5301, et seq.), including for purposes of Federal Tort Claims
Act coverage.
Section 2.
Purpose. The purpose of this Agreement is as follows:
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A.
80 of 420
to transfer to the Tribe all of the functions and duties that the Secretary of the Interior
would have performed with respect to a program or project under the TTP and the TTP
Regulations, other than those functions and duties that cannot be legally transferred under the
ISDEAA, together with such additional activities as the Tribe may perform under STRA-21; and
B.
to provide the Tribe or its designee, under this Agreement, its formula share of TTP funds
pursuant to STRA-21 and the TTP Regulations, together with such additional Federal Lands
Highways funds as the Tribe may receive or otherwise be entitled to through a formula or
competitive grant, award, earmark or other appropriation to the Department of Transportation, as
well any other state-aid funds under Chapter 1 of Title 23, United States Code, or funds from
other sources that may be credited to the TTP or otherwise made available to the Tribe under an
agreement to transfer such funds approved by the Director or his designee.
C.
to provide the Tribe or its designee, under this Agreement, such available prior year funds
remaining under the Fixing America’s Surface Transportation Act (FAST Act), Pub. L. 114-94
(December 4, 2015), the Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L.
112-141 (July 6, 2012), or the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users (SAFETEA-LU), Pub. L. 109-59 (August 10, 2005), as the Tribe wishes to
receive, provided that:
(i)
FAST Act and MAP-21 funds transferred to the Tribe under this Agreement shall
be administered in accordance with this Agreement; and
(ii)
SAFETEA-LU funds transferred to the Tribe under this Agreement shall be
administered in accordance with this Agreement, except that in accordance with Section
1118 of SAFETEA-LU only 25% of such funds may be used for eligible road
maintenance activities; and
(iii)
FAST Act, MAP-21, SAFETEA-LU or other funds previously transferred to the
Tribe shall continue to be administered in accordance with the Tribe’s FAST Act, MAP21 and/or SAFETEA-LU Program Agreement approved by the Director on 05/10/2016,
that the Parties now mutually agree shall be amended to add the reporting requirements in
Article III, Section 7., herein, and extended until such funds are expended or returned to
the Director.
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ARTICLE II – TERMS, PROVISIONS, and CONDITIONS
Section 1.
Effective Date and Term. This Agreement shall become effective upon the date
of its approval and execution by authorized representatives of the Tribe and the Director and it
shall automatically extend for the period authorized by any statutory extensions of STRA–21 or
until all funds transferred to the Tribe under this Agreement have either been expended or
returned to the Director, whichever occurs last.
Section 2.
A.
Funding.
Subject to the availability of funding and in accordance with 23 U.S.C. § 202 (b)(4), the
Director shall provide to the Tribe or its designee, through an electronic transfer, a single annual
lump sum funding amount equal to the amount that the Tribe would otherwise receive for the
TTP as determined by Tribe’s annual funding percentage under 23 U.S.C. § 202 (b)(3), TTP
planning funds described in 23 U.S.C. § 202 (c), together with such other funds as may be made
available under, or credited to, the TTP for the Tribe to carry out eligible activities authorized by
the TTP and the TTP Regulations. Not later than 30 days after the date that funds are made
available to the Director, the funds shall be distributed to, and made available for immediate use.
B.
Upon the execution of this Agreement and a Referenced Funding Agreement (RFA) by
both Parties, and subject to the availability of funds identified in the preceding Paragraph A., the
Director shall notify the Tribe or its designee, in accordance with Article IV, Section 1 of this
Agreement, that the funds identified in the RFA are available. The Tribe shall submit electronic
banking information as required by the ACH Vendor/Miscellaneous Payment Enrollment Form
and register in the Treasury Department's Automated Standard Payment System (ASAP) to
receive the funds into its account. The Director shall provide to the Tribe a single advance
payment in the amount identified in the RFA within thirty (30) calendar days of his receipt of the
Payment Enrollment Form and notification of the Tribe’s enrollment in ASAP. The Parties agree
that the RFA will be renegotiated annually on a fiscal year basis.
C.
Pursuant to 25 C.F.R. §§ 170.607 – 170.608, Contract Support Costs (CSCs) are an
eligible cost and the Tribe may use their TTP allocation to pay such costs. The Tribe shall
include a line item for CSCs in the Tribe’s project construction budgets. The Tribe may also
include, as eligible CSCs, one-time start-up costs and pre-award costs incurred by the Tribe in
the initial year of this Agreement similar to 25 U.S.C. §§ 5325 (a)(5) and (6). The Parties
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acknowledge that TTP funds are distributed pursuant to a statutory formula to the federally
recognized tribes participating in the TTP and that the Tribe’s total share of TTP funds includes
all direct and indirect costs associated with the TTP. The Parties also acknowledge that there are
no additional TTP or other funds from the Department of the Interior that are available for any
additional CSCs incurred by the Tribe.
D.
Funds advanced to the Tribe under this Agreement shall be used by the Tribe as
permitted under 23 U.S.C. § 202 (a)(1), the TTP Regulations, other applicable laws, and as
authorized under this Agreement. The Tribe reserves the right to reallocate funds among the
eligible projects identified on its FHWA–approved Tribal Transportation Improvement Program
(TTIP), so long as such funds are used in accordance with Federal appropriations law. Funds
advanced to the Tribe pending disbursement for a purpose authorized under the Agreement may
not be reprogrammed for other purposes and therefore shall be placed in a savings, checking or
investment account containing only funds transferred under this Agreement, which is separated
from, and tracked independently of, all other Tribal accounts. For purposes of this Agreement,
such funds when invested or deposited by the Tribe shall be subject to the following:
(i)
Advanced funds not immediately spent for program activities may be
invested only in obligations of the United States, in obligations or securities that are
guaranteed or insured by the United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in obligations of the United
States or securities that are guaranteed by the United States; and
(ii)
If not invested, advanced funds must be deposited into accounts that are insured
by an agency or instrumentality of the United States or must be fully collateralized to
ensure protection of the funds, even in the event of a bank failure; and
(iii)
Interest and investment income that accrue on any funds provided for by this
Agreement become the property of the Tribe in accordance with the provisions of 25
U.S.C. § 5324 (b) and may be used on projects and activities identified on a FHWA
approved TTIP; and
(iv)
Upon the receipt of funds under this Agreement, the Tribe shall expend the funds
for the purposes set forth in this Agreement and as authorized by law; provided however
that the Tribe may accumulate multiple annual allocations of TTP funds when necessary
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to fund an eligible project that requires more than one fiscal year of funding and is
identified on a FHWA–approved TTIP.
E.
The Tribe may use funds provided under this agreement for flexible financing as
provided in 23 U.S.C. § 122, 25 C.F.R. §§ 170.227 – 230, and other applicable laws.
F.
The Tribe may issue bonds or enter into other debt financing instruments under 23 U.S.C.
§122 with the expectation of payment of TTP funds to satisfy the instruments including, but not
limited to, the repayment of loan principal and interest on such debt instruments. When the Tribe
elects to use flexible financing to advance construct an eligible project or projects under this
Agreement, the Director agrees (i) to maintain the project(s) on a FHWA–approved TTIP until
all debt instruments, including interest thereon, are repaid in full by the Tribe, and (ii) at the
option and direction of the Tribe (after receipt of electronic banking information on the Payment
Enrollment Form and notice that the Tribe has enrolled in ASAP by the Director), to provide all
or a portion of the funds the Tribe is eligible to receive under this Agreement directly to a trustee
or other depository so designated by the Tribe pursuant to the provisions of any RFA received by
the Director thereunder.
G.
The designation of an eligible debt financing instrument for reimbursement with funds
awarded under this Agreement shall not –
(i)
constitute a commitment, guarantee, or obligation on the part of the United States
to provide for payment of principle or interest on the eligible debt financing instrument
entered into by the Tribe; or
(ii)
create any right of a third party against the United States for payment under the
eligible debt financing instrument.
H.
As authorized by 25 C.F.R. § 170.228, the Tribe may use TTP funds to:
(i)
leverage other funds; and
(ii)
pay back loans or other finance instruments for a project that:
(a)
the Tribe paid for in advance of the current year using non-TTP
funds, including Tribal funds; and
(b)
was included in an FHWA-approved TTIP; and
(c)
was included in the National Tribal Transportation Facility Inventory
(NTTFI) before commencement of construction.
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The Tribe may use TTP funds awarded under this Agreement to meet matching or cost
participation requirements for any Federal or non-Federal transit grant or program.
J.
The Parties acknowledge that this Agreement is entered into, and funds are made
available to the Tribe, pursuant to 23 U.S.C. §§ 202 (a)(2)(B) and in accordance with the
ISDEAA, including for purposes of Federal Tort Claims Act coverage. Payments under this
Agreement shall be made in accordance with Article II, Section 2.B. herein. In the event funds
due the Tribe under this Agreement are not paid to the Tribe in accordance with the requirements
of Article II, Section 2.B., the Parties shall rely upon the dispute resolution provisions set forth in
Article II, Section 4 of this Agreement.
Section 3.
Powers. The Tribe shall have all powers that the Secretary of the Interior
(“Secretary”) would have exercised in administering the funds provided to the Tribe for the TTP
under 23 U.S.C. § 202 (b)(6), except to the extent that such powers are inherently Federal and
cannot be legally transferred under the ISDEAA. Such powers shall include, but are not limited
to, the Secretary’s powers under the TTP Regulations, together with such duties and
responsibilities as may be performed by the Secretary or an Indian tribe under the TTP
Regulations, or as are otherwise permitted by law.
Section 4.
Dispute Resolution. In the event of a dispute arising under this Agreement, the
Tribe and the Director agree to use mediation, conciliation, arbitration and other dispute
resolution procedures authorized under 25 C.F.R. § 170.934. The goal of these dispute resolution
procedures is to provide an inexpensive and expeditious forum to resolve disputes. The Director
agrees to attempt to resolve disputes at the lowest possible staff level and by consent whenever
possible.
Section 5.
Construction of this Agreement. This Agreement shall be construed in a
manner to facilitate and enable the transfer of programs authorized by 23 U.S.C. §§ 201-202 and
Chapter 1 of Title 23.
Section 6.
Activities to be Performed. Consistent with the provisions of 23 U.S.C. § 202
(a)(1) and the TTP Regulations, the activities to be performed by the Tribe under this Agreement
may include:
•
Transportation Planning; and
•
Program Administration; and
•
Design; and
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Preliminary Engineering (including the use of Tribal Environmental Policy Act (TEPA)
processes and procedures to satisfy compliance with the National Environmental Policy
Act (NEPA) and other environmental and cultural resource requirements); and
•
Construction; and
•
Construction Engineering; and
•
Construction Management; and
•
Road Maintenance as authorized under 23 U.S.C. § 202 (a)(8)(A), (the greater of 25% of
the funds allocated to the Tribe through the TTP funding formula under 23 U.S.C. § 202
(b) or $500,000 may be expended for the purpose of eligible road maintenance activities,
excluding road sealing that shall not be subject to any limitation); and
•
Development and negotiation of Tribal-State road maintenance agreements authorized
under 23 U.S.C. § 202 (a)(8)(C); and
•
Other TTP-eligible activities authorized under Chapter 1 or 2 of Title 23, the TTP
Regulations or other applicable law, including activities funded under agreements
developed under 23 U.S.C. § 202 (a)(9); and
•
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Section 7.
Limitation of Costs. The Tribe shall not be obligated to continue performance
under this Agreement that requires an expenditure of funds in excess of the amount of funds
awarded under this Agreement. If, at any time, the Tribe has reason to believe that the total
amount required for performance of this Agreement, or a specific activity or project conducted
under this Agreement would be greater than the amount of funds provided under this Agreement,
the Tribe shall provide reasonable notice to the Director and may suspend performance of this
Agreement until such time as additional funds are made available.
Section 8.
Carryover. Any funds provided to the Tribe under this Agreement that have not
been expended at the conclusion of the fiscal year in which such funds were allocated shall
remain in the custody of the Tribe and be used for the purposes authorized under this Agreement.
Determination of the priority and amount of funds to be used for each contractible activity shall
be the responsibility of the Tribe, except as limited by law or otherwise proscribed by this
Agreement.
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Applicable Regulations. The TTP Regulations and 2 C.F.R. Part 200 apply to
this Agreement, together with any amendments thereto, except where there is a conflict, in which
case the TTP Regulations shall control. The Tribe may seek a waiver of these regulations to the
extent permitted by law and as provided by 25 C.F.R. §§ 170.625 and 170.626.
Section 10.
Use of Tribal Facilities and Equipment.
The Parties agree that the Tribe shall
be permitted to utilize TTP, other Federal Lands Highway funds, and additional TTP-eligible
funds awarded under this Agreement to pay lease/rental rates for facilities and equipment, as
well as to maintain such facilities and equipment when performing contractible activities under
this Agreement. Consistent with subparagraph (49)(i) of Appendix A to Subpart B of 25 C.F.R.
Part 170, in those cases where the Tribe reasonably determines and provides written notice and
analysis documentation to the Director that the purchase of construction equipment is more cost
effective than the leasing of construction equipment, such equipment may be purchased upon
written approval from the BIA. As permitted by subparagraph (49)(ii) of Appendix A to Subpart
B of 25 C.F.R. Part 170, the purchase of maintenance equipment shall be an allowable cost to the
Tribe, provided that not more than the greater of 25% or $500,000 of the Tribe’s annual TTP
funds may be used for the purchase of maintenance equipment and any other maintenance
activities. Funding for the purchase of construction or maintenance equipment must be identified
on an FHWA-approved TTIP prior to expenditure.
ARTICLE III – RESPONSIBILITIES OF THE TRIBE
Section 1.
Health and Safety.
In exercising responsibility for carrying out the eligible
programs and projects under this Agreement, the Tribe assures the Director that within available
funding, the Tribe will meet all applicable health, safety, and labor standards related to the
administration, planning, engineering and construction activities performed. To this end, and
within available funding, the Tribe agrees to obtain or provide qualified personnel, equipment,
materials and services necessary to administer the transportation programs, including
opportunities that provide for Indian preference in employment and sub-contracting as mandated
by 25 U.S.C. §§ 5307 (b) and (c).
Section 2.
Program Standards and Regulations.
The Tribe agrees to initiate and
perform the contracted programs and projects in accordance with the requirements of the TTP
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Regulations. Additionally, the Tribe may, at its sole option, adopt applicable FHWA or BIA
policies, procedures, program guidelines and memoranda, or develop Tribal policies, procedures,
program guidelines and memoranda that meet or exceed federal standards to facilitate operation
or administration of any aspect of the TTP under this Agreement.
Section 3.
A.
Plans, Specifications and Estimates Approval Authority.
Tribal and BIA-owned facilities. The Tribe is authorized to review and approve plans,
specifications and estimates (“PS&E”) for project packages in accordance with the requirements
of 25 C.F.R. §§ 170.460 through 170.463 and will provide a copy of the PS&E approval to the
facility owner and BIA. The Tribe shall:
(i)
provide assurances under this Agreement that the construction will meet or
exceed applicable health and safety standards; and
(ii)
obtain the advance review of the PS&E from a civil engineer licensed by the State
in which the project is located who has certified that the PS&E meets or exceeds the
applicable health and safety standards; and
(iii)
B.
provide a copy of the State-licensed civil engineer’s certification to the Director.
Facilities owned or maintained by a public authority other than the Tribe or the BIA.
In the interest of building stronger government-to-government relations in transportation
planning and coordination, the Tribe voluntarily agrees to perform its PS&E review and approval
function as to facilities owned or maintained by a public authority, as that term is defined in 23
U.S.C. § 101 (a). For a facility owned or maintained by a public authority other than the BIA or
the Tribe, in addition to satisfying the requirements of paragraph (A)(i) of this Section, above,
the Tribe further agrees to:
(i)
provide the public authority an opportunity to review and comment on the Tribe’s
PS&E package when it is between 75 and 95 percent complete, unless an agreement
between the Tribe and the public authority states otherwise; and
(ii)
allow the public authority at least 30 days for review and comment on the PS&E
package, unless the Tribe and the public authority agree upon a longer period of time; and
(iii)
prior to soliciting bids for the project(s), certify in writing to the Director that it
afforded the public authority an opportunity to review and comment on the PS&E
package and received no written comments from the public authority that prevent the
Tribe from proceeding with the project.
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Section 4.
Transportation Planning and Inventory. Within available funding, the Tribe
agrees to carry out a transportation planning process and provide this information to the BIA,
with courtesy copies to FHWA, as may be reasonably necessary for the BIA to maintain an
updated NTTFI of TTP-eligible transportation facilities as required by 23 U.S.C. § 202 (b)(1).
The Tribe further agrees to update its Long Range Transportation Plan (LRTP) at least once
every five (5) years, including submitting the Tribe’s draft LRTP to BIA for a mid-point review
in accordance with 25 C.F.R. § 170.412.
Section 5.
Easements, Maintenance/Utility Agreements, Environmental Assessments.
In coordination with local jurisdictions, and to the extent required by Federal law, the TTP
Regulations and 25 C.F.R. Part 169, if applicable, the Tribe agrees to develop appropriate
construction easements or rights-of-way, maintenance and utility agreements needed for carrying
out the construction of TTP facilities under this Agreement. The Tribe agrees to perform all
environmental and archeological review functions under this Agreement, except those functions
that are inherently Federal and cannot be transferred, in accordance with 23 U.S.C. § 139, the
TTP Regulations, and other applicable laws.
Section 6.
A.
Construction.
In accordance with the FHWA–approved TTIP, the Tribe agrees to initiate and complete
TTP construction projects in reasonable conformity with the approved PS&E and any Triballyapproved change orders and shall ensure that adequate management of the TTP construction
project is performed according to applicable BIA, FHWA or Tribal standards that meet or exceed
federal standards.
B.
The Tribe agrees to expend TTP funds:
(i)
C.
on program and administrative expenses aut
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