Oneida Business Committee (2020)

Tribal code

Ask Donna

What actually matters in this document.

Text

1 of 136

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA

Business Committee Conference Room - 2nd Floor Norbert Hill Center

December 2, 2020

9:00 a.m.

This Legislative Operating Committee meeting will be closed to the public due to the Public Health State

of Emergency. This is a preventative measure as a result of the COVID-19 pandemic. An audio recording

of the meeting will be made available on the Nation’s website.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. November 4, 2020 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Industrial Hemp Law (pg. 3)

2. Community Support Fund Law Amendments (pg. 49)

IV.

New Submissions

1. Nuisance Law (pg. 71)

2. Oneida Nation Gaming Ordinance Amendments (pg. 78)

Additions

VI.

Administrative Updates

1. E-Poll Results: Approval of the Pandemic Relief Assistance Law Emergency Adoption Packet

(pg. 80)

2. E-Poll Results: Approval of the Budget Management and Control Law Emergency

Amendments Adoption Packet (pg. 100)

3. Active Files List Sixty Day Update (pg. 132)

VII.

Executive Session

VIII. Recess/Adjourn

A good mind. A good heart. A strong fire.

2 of 136

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Oneida Business Committee Conference Room-2nd Floor Norbert Hill Center

November 4, 2020

9:00 a.m.

Present: David P. Jordan, Jennifer Webster, Daniel Guzman King, Marie Summers

Excused: Kirby Metoxen

Others Present: Clorissa N. Santiago, Aliskwet Ellis, Rhiannon Metoxen, Kristal Hill, James

Petitjean

Call to Order and Approval of the Agenda

David Jordan called the November 4, 2020, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Daniel Guzman King.

Motion carried unanimously.

II.

Minutes to be Approved

1. October 21, 2020 LOC Meeting Minutes

Motion by Jennifer Webster to approve the October 21, 2020 LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Daniel Guzman King. Motion

carried unanimously.

III.

Current Business

IV.

New Submissions

Additions

VI.

Administrative Items

1. LOC FY20 Fourth Quarter Report

Motion by Jennifer Webster to approve the LOC FY20 Fourth Quarter Report and forward

it to the Oneida Business Committee; seconded by Marie Summers. Motion carried

unanimously.

2. Virtual Meeting Standard Operating Procedure

Motion by Marie Summers to approve and adopt the Virtual Meeting Standard Operating

Procedure; seconded by Daniel Guzman King. Motion carried unanimously.

VII.

Executive Session

VIII. Adjourn

Motion by Daniel Guzman King to adjourn at 9:05 a.m.; seconded by Marie Summers.

Motion carried unanimously.

A good mind. A good heart. A strong fire.

Legislative Operating Committee Meeting Minutes of November 4, 2020

Page 1 of 1

ONEIDA

3 of 136

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

December 2, 2020

Industrial Hemp Law

Submission Date: 9/6/17

Public Meeting: Due to the COVID-19 pandemic,

public meetings were suspended by declaration of the

Nation’s COVID-19 Core Decision Making Team. A

public comment period was still offered in accordance with

the Legislative Procedures Act and held open until 7/9/20.

LOC Sponsor: Daniel Guzman King

Emergency Enacted: n/a

Expires: n/a

Summary: This item was carried over from the previous two terms. Following adoption of the

2018 Farm Bill and corresponding USDA regulations promulgated in accordance therewith, the

Nation moved forward with the development of its own Industrial Hemp law. The purpose of the

new legislation will be to authorize the production of hemp within the Reservation of the Oneida

Nation; to grant the Nation primary regulatory authority over the production of hemp that occurs

within its jurisdiction; and to assert the Nation’s inherent sovereign authority by creating a hemp

production plan that regulates hemp as an agricultural commodity consistent with Oneida, as

well as federal, law and promotes the Nation’s hemp industry to the greatest extent permitted by

law.

10/7/20 LOC: Motion by Kirby Metoxen to add the Industrial Hemp Law to the Active Files List with

Daniel Guzman King as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

10/7/20:

LOC Work Meeting. Present: David Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Jennifer Webster, James Petitjean, Clorissa Santiago, Kristen Hooker, Kristal

Hill, RC Metoxen. The purpose of this work meeting was to review the Industrial Hemp

law adoption packet with the LOC. Next step is for the drafting attorney to finalize the

adoption packet for inclusion on the October 21, 2020 LOC meeting agenda.

10/21/20 LOC: Motion by Kirby Metoxen to reject the fiscal impact statement, due to the incomplete

indeterminate conclusion, and direct that a completed fiscal impact statement be prepared

and brought back to the LOC; seconded by Jennifer Webster. Motion carried unanimously.

Motion by Jennifer Webster to direct that Finance works with Environmental, Health and

Safety to come up with the fiscal impact statement; seconded by Marie Summers. Motion

carried unanimously.

Motion by Jennifer Webster to direct that the LRO work with Councilman Daniel Guzman

King to update the adopting resolution to include an acknowledgement of Chaz

4 of 136

Wheelock’s contributions to the development and promotion of Industrial Hemp within the

Nation; seconded by Kirby Metoxen. Motion carried unanimously.

Motion by Jennifer Webster to direct that the LRO schedule a work meeting with the

Environmental, Health, Safety and Land Division to discuss implementation capacity and

concerns in light of the Tier V Budget Contingency caused by the COVID-19 pandemic;

seconded by Kirby Metoxen. Motion carried unanimously.

10/23/20:

Workgroup Meeting with LOC. Present: David Jordan, Jennifer Webster, Kirby Metoxen,

Marie Summers, Daniel Guzman-King, Kristen Hooker, Patrick Pelky, Sylvia Cornelius,

Nicole Rommel. This meeting was held per the directive of the LOC during its meeting of

October 21, 2020. The purpose of this meeting was to discuss the Division’s ability to

implement the Industrial Hemp law under the current circumstances caused by the COVID19 pandemic if adopted by the Oneida Business Committee. The next step is for the drafting

attorney to add thresholds to the adopting resolution that would trigger when the law gets

sent to the USDA for approval as the Nation’s regulatory plan under the 2018 Farm Bill.

10/29/20:

LOC Work Meeting. Present: David Jordan, Jennifer Webster, Kirby Metoxen, Marie

Summers, Daniel Guzman-King, RC Metoxen, Kristal Hill, Kristen Hooker, Clorissa

Santiago. The purpose of this work meeting was to review the updated Industrial Hemp

Law Adoption Resolution and Proclamation of Appreciation regarding Chaz Wheelock.

The next step is for the drafting attorney to finalize the adoption materials for purposes of

adding to the LOC’s meeting agenda once the updated fiscal impact statement is completed

by the Finance Department/EHSLD.

Next Steps:

▪

Approve the Industrial Hemp law adoption packet and forward to the Oneida Business

Committee for consideration.

Page 2 of 2

5 of 136

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

Oneida Business Committee

David P. Jordan, LOC Chairperson

December 2, 2020

Industrial Hemp Law

Please find the following attached backup documentation for your consideration of the proposed

Industrial Hemp law:

Resolution: Industrial Hemp Law

Statement of Effect: Industrial Hemp Law

Industrial Hemp Law Legislative Analysis

Industrial Hemp Law

Industrial Hemp Law Updated Fiscal Impact Statement

Overview

This item was added to the Active File List in March of 2015 after U.S. Congress had adopted the

Agricultural Act of 2014, also known as the 2014 Farm Bill. With the passing of the 2014 Farm

Bill, hemp could legally be produced for the first time since the 1970’s, but only for research

purposes and only in states that had passed legislation for the establishment of an agricultural pilot

program aimed at studying the growth, cultivation or marketing of industrial hemp. In 2015,

Wisconsin did not have such a law. This item was added to the AFL so that the Oneida Nation

could establish its own pilot program through the development of an Industrial Hemp law (“Law”).

Work on the Law was halted, however, due to a concern from the Oneida Law Office over the

enabling language in the 2014 Farm Bill. In 2016, precedent came out in support of the notion that

section 7606 of the 2014 Farm Bill did not authorize Indian tribes to create their own pilot program

like it did for states and institutions of higher education. [Menominee Indian Tribe of Wis. v. Drug

Enforcement Admin., 190 F. Supp.3d 843 (2016)]. In light of this precedent, as well as a similar

statement put out by the U.S. Drug Enforcement Agency, Department of Justice, Department of

Agriculture, and Food & Drug Administration, the Oneida Law Office opined that the Nation

would likely be prohibited from producing hemp within the Reservation unless licensed through a

state pilot program created pursuant to the 2014 Farm Bill.

Shortly thereafter, Wisconsin decided to create an industrial hemp pilot program through adoption

of 2017 Wisconsin Act 100. And, in 2018, the Oneida Business Committee (“OBC”) adopted

resolution BC-04-25-18-J titled, Support for Industrial Hemp Pilot Program, which authorized the

Nation to participate in the state’s industrial hemp pilot program for the 2018-2019 growing

season. The Nation obtained its license through Wisconsin’s Department of Agriculture, Trade

and Consumer Protection and, after a delay on the state’s end in procuring seed certification, the

Nation began growing hemp in 2019 for the limited purpose of agricultural or academic research

as was required by the 2014 Farm Bill. Given these restrictions, the Nation’s goal for participating

Page 1 of 4

6 of 136

in the program was to learn about hemp varieties, end-use product options, growth characteristics,

labor requirements, post-harvest processing and marketability.

During the 2018-2019 growing season, U.S. Congress passed the 2018 Farm Bill. The 2018 Farm

Bill made substantial changes to the way the federal government had been regulating hemp under

the 2014 Farm Bill. Most significantly, it removed hemp from the controlled substances list, which

allowed it to be produced for reasons other than agricultural/academic research, and granted Indian

tribes regulatory authority over hemp production within their jurisdiction, meaning tribes were

now permitted to create their own hemp production plans in lieu of federal or state plans so long

as approved by the USDA through submission of a plan that shows compliance with the 2018

Farm Bill and the USDA Interim Final Rule (“IFR”) promulgated in accordance therewith.

Once the 2018 Farm Bill and IFR were in place, the Legislative Operating Committee (“LOC”)

was able to move forward with the development of the Nation’s Industrial Hemp law. The purpose

of the Law is to: authorize the production of hemp within the boundaries of the Reservation; grant

the Nation primary regulatory authority over the production of hemp within its jurisdiction; assert

the Nation’s inherent sovereign authority by creating a hemp production plan that regulates hemp

as an agricultural commodity consistent with the Nation’s laws; and promote the Nation’s hemp

industry to the greatest extent permitted by the 2018 Farm Bill and IFR. [5 O.C. 508.1-1].

This resolution adopts the proposed Industrial Hemp law which will:

▪ Require any person, defined to include businesses and other entities, under the jurisdiction

of the Nation, who wants to produce hemp, to obtain, as well as maintain, a valid license

through the Environmental, Health, Safety, Land and Agriculture Division (“Division”) [5

O.C. 508.6];

▪ Provide the process and eligibility requirements for persons to obtain and maintain a license

to produce hemp pursuant to the Nation’s regulatory plan [5 O.C. 508.6];

▪ Define what constitutes an “acceptable hemp THC level” for purposes of producing hemp

plants in compliance with the Law, and provide the requisite sampling/testing methods by

which to accurately determine whether a hemp crop exceeds the acceptable hemp THC

level [5 O.C. 508.3-1, 508.8];

▪ Mandate the disposal and destruction of any hemp plant that exceeds the acceptable hemp

THC level and provide the requisite process for its disposal/destruction [5 O.C. 508.8-1];

▪ Set forth certain reporting and record-keeping requirements on the part of the producer and

the Division that will allow the Nation to track hemp production within the Reservation

and ensure compliance with the Law [5 O.C. 508.7]; and

▪ Provide enforcement mechanisms for the Division to detect and respond to instances of

non-compliance with the Law that include due process protections for the licensee [5 O.C.

508.11].

The LOC developed the proposed Law through collaboration with representatives from the

Division, the Community and Economic Development Division; the Environmental Resource

Board; and the Community Development Planning Committee. The LOC, as well as staff from the

Legislative Reference Office, also participated in numerous hemp related conference calls with the

USDA, attended various USDA sponsored trainings on hemp production under the 2018 Farm

Bill, and attended two meetings hosted by the Wisconsin Tribal Conservation Advisory Council

to learn more about the strategies and practices of other tribes that were pursing legislation under

Page 2 of 4

A good mind. A good heart. A strong fire.

ONEIDA

7 of 136

the 2018 Farm Bill.

A public meeting, in accordance with the Legislative Procedures Act, was not held for the proposed

Law due to the COVID-19 pandemic. During the development of the Law, the world was hit with

the COVID-19 pandemic and on March 12, 2020, Chairman Tehassi Hill signed a “Declaration

of Public Health State of Emergency” which declared a public health state of emergency for the

Nation through April 12, 2020. The Public Health State of Emergency has since been extended to

December 13, 2020, through adoption of resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-1020-A, BC-07-08-20-A, BC-08-06-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A.

Among other declarations limiting public gatherings, the Nation’s COVID-19 Core Decision

Making Team issued a “Suspension of Public Meetings under the Legislative Procedures Act” on

March 27, 2020. The declaration suspended the Legislative Procedure Act’s requirement to hold a

public meeting during the public comment period, but allows community members to still

participate in the legislative process by submitting written comments, questions, data or input on

the proposed Law to the LOC via e-mail during the public comment period.

Although no public meeting on the proposed Law was held in person, the public comment period

was still held open until July 9, 2020 for the submission of written comments. The LOC received

five (5) submissions of written comments, for a total of twenty-five (25) comments, during the

public comment period. All public comments received were accepted, reviewed and considered by

the LOC and any changes made based on those comments have been incorporated into this draft.

If adopted, the Law would have to be sent to the USDA for approval before implementation may

occur. Per the 2018 Farm Bill, tribes and states wanting to assume regulatory authority over hemp

production within their boundaries must submit a regulatory plan that satisfies the requirements of

the 2018 Farm Bill and IFR to the USDA for approval. The regulatory plan may be submitted in

the form of legislation, as would be the case here. Upon receipt, the USDA has sixty (60) days to

approve or reject the Law. If rejected, the Nation will have an opportunity to amend the Law for

reconsideration. If the USDA approves it, the Nation will assume the administration and regulation

of its industrial hemp plan in accordance with the Law.

Contingent on USDA approval, is that the Nation submit a certification along with its Law, or

regulatory plan, stating that, upon said approval, the Nation will have the resources and personnel

necessary to begin carrying out the practices and procedures set forth therein. If the USDA would

determine otherwise, it may respond as follows:

• For first instances of non-compliance – the USDA will develop a corrective action plan for

the Nation to ensure compliance with its Law; and

• For additional instances of non-compliance – the USDA may revoke its approval of the

Law and assume regulatory authority over hemp production on the Reservation.

As a result of the COVID-19 pandemic and Tier V budget reductions relating thereto, at least half

of the Nation’s workforce has been placed on furlough or laid off. In addition, the Nation’s Chief

Financial Officer has identified that complete financial recovery from the impacts of COVID-19

may take as long as two (2) to three (3) years and operations, including services and employment

levels, may not return to pre-pandemic levels.

Page 3 of 4

A good mind. A good heart. A strong fire.

ONEIDA

8 of 136

Due to the uncertain nature of the COVID-19 pandemic, including its financial constraints on the

Nation and the potential effect on the Division’s staffing levels to last beyond the Public Health

State of Emergency, the Division expressed concern over its current capacity to implement and

administer the Law once approved by the USDA. Given the Division’s concerns, as well as the

consequences for not acting in accordance with the requisite certification, the adopting resolution

contains certain thresholds that must be met before the Nation will be allowed to send the Law to

the USDA for approval. The thresholds are as follows:

1. That, the Division has created all standard operating procedures required under the

Law;

2. That, the Division has presented any resolution(s) required under the Law to the Oneida

Business Committee for approval; and

3. That, the Division Director provides written confirmation to the Oneida Business

Committee that the Division has sufficient resources and staff to begin the

implementation and administration of the Nation’s industrial hemp plan in accordance

with the Law.

Once these thresholds are satisfied, the Law would be sent to the USDA for approval as the

Nation’s regulatory plan, along with the following certification which is set forth in the adopting

resolution:

BE IT FINALLY RESOLVED, that, contingent upon satisfaction of these thresholds,

the Oneida Business Committee hereby certifies that, upon approval by the USDA, the

Nation will have the resources and personnel necessary to carry out the practices and

procedures set forth in the Law, consistent with the 2018 Farm Bill and USDA regulations

promulgated in accordance therewith.

And, once approved by the USDA as the Nation’s regulatory plan, the Law will become effective

within ten (10) business days following the Nation’s receipt of said approval.

Requested Action

Approve the Resolution: Industrial Hemp Law.

Page 4 of 4

A good mind. A good heart. A strong fire.

ONEIDA

9 of 136

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Industrial Hemp Law

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the Agricultural Improvement Act of 2018, otherwise known as the 2018 Farm Bill, removed

hemp from the controlled substances list, permitting hemp to be produced for reasons other

than research and education as was previously restricted under the 2014 Farm Bill; and

WHEREAS,

the 2018 Farm Bill further granted tribes and states regulatory authority over the production

of hemp within their jurisdictions; provided, the tribes and states that intend to exercise

such authority submit a regulatory plan to the United States Department of Agriculture

(“USDA”) for approval prior to implementation; and

WHEREAS,

the purpose of the Industrial Hemp law (“Law”) is to authorize hemp production within the

boundaries of the Oneida Reservation; grant the Nation primary regulatory authority over

the production of hemp under its jurisdiction; assert the Nation’s inherent sovereign

authority by creating a hemp production plan that regulates hemp as an agricultural

commodity consistent with the Nation’s laws; and promote the Nation’s hemp industry to

the greatest extent permitted by the 2018 Farm Bill and USDA regulations promulgated in

accordance therewith; and

WHEREAS,

the Law requires any persons, defined to include businesses and other entities, under the

jurisdiction of the Nation, who want to produce hemp, to obtain, as well as maintain, a valid

license through the Environmental, Health, Safety, Land & Agricultural Division (“Division”);

and

WHEREAS,

the Law provides the process and eligibility requirements for persons to obtain and

maintain the requisite license to participate in hemp production per the Nation’s regulatory

plan; and

WHEREAS,

the Law defines what constitutes an “acceptable hemp THC level” for purposes of

producing hemp plants in compliance with the Law and provides the requisite sampling/

testing methods by which to accurately determine whether a hemp plant exceeds the

acceptable hemp THC level; and

WHEREAS,

the Law mandates disposal and destruction of any hemp crop that exceeds the acceptable

hemp THC level and provides the requisite process for its disposal/destruction; and

10 of 136

BC Resolution # ____________

Industrial Hemp Law

Page 2 of 4

WHEREAS,

the Law sets forth certain reporting and record-keeping requirements on the part of the

licensee and the Division that will allow the Nation to track hemp production within the

Reservation and ensure compliance with the Law; and

WHEREAS,

the Law provides enforcement mechanisms for the Division to detect and respond to

instances of non-compliance with the Law that include due process protections for the

licensee; and

WHEREAS,

in accordance with the Legislative Procedures Act, a legislative analysis and fiscal impact

statement were developed for this Law; and

WHEREAS,

a public meeting on the proposed Law was not held in accordance with the Legislative

Procedures Act due to the COVID-19 pandemic; and

WHEREAS,

on March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State of

Emergency” regarding COVID-19, declaring a Public Health State of Emergency for the

Nation until April 12, 2020, the declaration of which was subsequently extended until

December 13, 2020, through resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,

BC-07-08-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A; and

WHEREAS,

on March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which prohibits all public gatherings of any number of people and

orders all individuals present within the Oneida Reservation to stay at home or at their

place of residence, with certain exceptions allowed; and

WHEREAS,

the Nation’s COVID-19 Core Decision Making Team modified the “Safer at Home”

declaration on April 21, 2020, with the issuance of an “Updated Safer at Home” declaration;

on May 19, 2020, with a “Safer at Home Declaration, Amendment, Open for Business”

declaration; and on June 10, 2020, with the issuance of a “Stay Safer at Home” declaration;

and

WHEREAS,

on March 27, 2020, the Nation’s COVID-19 Core Decision Making Team issued a

“Suspension of Public Meetings under the Legislative Procedures Act” declaration which

suspended the Legislative Procedures Act’s requirement to hold a public meeting during

the public comment period, but allows members of the community to still participate in the

legislative process by submitting written comments, questions, data or input on proposed

legislation to the Legislative Operating Committee via e-mail during the public comment

period; and

WHEREAS,

although a public meeting was not held for the proposed legislation, the public comment

period for the Law was held open until July 9, 2020 for the submission of written comments;

and

WHEREAS,

the Legislative Operating Committee received five (5) submissions of written comments,

for a total of twenty-five (25) comments, during the public comment period; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments and

any changes made based on those comments have been incorporated into the proposed

Law; and

11 of 136

BC Resolution # ____________

Industrial Hemp Law

Page 3 of 4

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

WHEREAS,

if adopted, this Law will act as the Nation’s regulatory plan to be submitted to the USDA for

approval in accordance with the requirements of the 2018 Farm Bill and USDA regulations

promulgated in accordance therewith; and

WHEREAS,

upon receipt of the Nation’s plan, the USDA will have sixty (60) days to approve or reject

it, with an opportunity for amendment and resubmission in the event of a rejection; and

WHEREAS,

once approved by the USDA, the Nation will be required to assume the administration and

regulation of hemp production that occurs within its jurisdiction in accordance with the Law;

and

WHEREAS,

contingent on USDA approval, is that the Nation submit a certification along with the Law

(i.e. the regulatory plan) which states that, upon said approval, the Nation will have the

resources and personnel necessary to begin carrying out the practices and procedures set

forth therein; and

WHEREAS,

in response to the COVID-19 pandemic and the Nation’s Public Health State of Emergency

declaration, the Oneida Business Committee adopted resolution BC-04-08-20-C titled,

“Tier V Budget Contingency Declared for Remainder of Fiscal Year 2020”; and

WHEREAS,

resolution BC-04-08-20-C adopted Tier V budget reductions from the Budget Contingency

Plan that was put in place pursuant to the Nation’s Budget Management and Control law

which included five percent (5%) mandatory budget cuts across the Nation, reduction of all

funding to go to essential services only, and layoffs/furloughs; and

WHEREAS,

at least half of the Nation’s workforce has been placed on furlough or laid off due to the

COVID-19 pandemic and Public Health State of Emergency declaration; and

WHEREAS,

the Nation’s Chief Financial Officer has identified that complete financial recovery from the

impacts of COVID-19 may take as long as two (2) to three (3) years and operations,

including services and employment levels, may not return to pre-pandemic levels; and

WHEREAS,

due to the uncertain nature of the COVID-19 pandemic, including its financial constraints

on the Nation and the potential effect on the Division’s staffing levels to last beyond the

Public Health State of Emergency, the Division has expressed a concern over its current

capacity to implement and administer the Law once approved by the USDA; and

WHEREAS,

the Oneida Business Committee wants to ensure that the Nation; specifically, the Division,

is ready to implement and administer the Nation’s Industrial Hemp law as indicated in the

requisite certification as soon as it receives approval from the USDA; and

WHEREAS,

to ensure readiness, the Oneida Business Committee intends to refrain from sending the

Law and accompanying certification to the USDA for approval as the Nation’s regulatory

plan until the thresholds set forth below have been met by the Division.

NOW THEREFORE BE IT RESOLVED, that the Industrial Hemp law is hereby adopted and shall become

effective within ten (10) business days of receiving approval from the USDA.

BE IT FURTHER RESOLVED, that the Industrial Hemp law will not be sent to the USDA for approval as

the Nation’s regulatory plan until the following thresholds have been satisfied by the Division:

1. the Division has created all standard operating procedures required under the Law;

12 of 136

BC Resolution # ____________

Industrial Hemp Law

Page 4 of 4

146

147

148

149

150

151

152

153

154

155

2. the Division has presented any resolution(s) required under the Law to the Oneida

Business Committee for approval; and

3. the Division Director provides written confirmation to the Oneida Business Committee

that the Division has sufficient resources and staff to begin the implementation and

administration of the Nation’s industrial hemp plan in accordance with the Law.

BE IT FINALLY RESOLVED, that, contingent upon satisfaction of these thresholds, the Oneida Business

Committee hereby certifies that, upon approval by the USDA, the Nation will have the resources and

personnel necessary to carry out the practices and procedures set forth in the Law, consistent with the

2018 Farm Bill and USDA regulations promulgated in accordance therewith.

13 of 136

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Industrial Hemp Law

Summary

This resolution adopts the Industrial Hemp law, which authorizes the cultivation of hemp within

the boundaries of the Oneida Reservation and grants the Nation regulatory authority over hemp

production that falls under its jurisdiction.

Submitted by: Kristen M. Hooker, Staff Attorney, Legislative Reference Office

Date: December 2, 2020

Analysis by the Legislative Reference Office

This resolution adopts the proposed Industrial Hemp law (“Law”). The purpose of the Law is to

authorize the production of hemp within the boundaries of the Oneida Reservation; grant the

Nation primary regulatory over the production of hemp under its jurisdiction; assert the Nation’s

inherent sovereign authority by creating a hemp production plan that regulates hemp as an

agricultural commodity consistent with the Nation’s laws; and promote the Nation’s hemp industry

to the greatest extent permitted by the 2018 Farm Bill and USDA regulations promulgated in

accordance therewith. [5 O.C. 508.1-1].

The proposed Law will:

▪ Require any persons, defined to include businesses and other entities, under the jurisdiction

of the Nation, who want to produce hemp, to obtain, as well as maintain, a valid license

through the Environmental, Health, Safety and Land Division (“EHSLD”) [5 O.C. 508.6];

▪ Provide the process and eligibility requirements for persons to obtain and maintain the

requisite license to produce hemp pursuant to the Nation’s regulatory plan [5 O.C. 508.6];

▪ Define what constitutes an “acceptable hemp THC level” for purposes of producing hemp

plants in compliance with the Law and provide the requisite sampling/testing methods by

which to accurately determine whether a hemp plant exceeds the acceptable hemp THC

level [5 O.C. 508.3-1& 508.8];

▪ Mandate the disposal and destruction of any hemp crop that exceeds the acceptable hemp

THC level and provide the requisite process for its disposal/destruction [5 O.C. 508.8-1];

▪ Set forth certain reporting and record-keeping requirements on the part of the producer and

EHSLD that will allow the Nation to track hemp production within the Reservation and

ensure compliance with the Law [5 O.C. 508.7]; and

▪ Provide enforcement mechanisms for EHSLD to detect and respond to instances of noncompliance with the Law that include due process protections for the licensee [5 O.C.

508.11].

The Legislative Procedures Act (“LPA”) was adopted by the General Tribal Council through

resolution GTC-01-07-13-A for the purpose of providing a standardized process for the adoption

of laws of the Nation. [1 O.C. 109.1-1]. The LPA requires that for all proposed legislation both a

Page 1 of 3

A good mind. A good heart. A strong fire.

14 of 136

legislative and fiscal analysis be developed. [1 O.C. 109.6 & 109.7]. The proposed Law complied

with these requirements.

The LPA also requires that a public comment period be provided for interested parties to submit

data, views or arguments relating to proposed legislation and that a public meeting be held during

the public comment period to solicit oral comments. [1 O.C. 109.8]. A public meeting on the

proposed Law was not held due to the COVID-19 pandemic. In early 2020, the world was hit with

the COVID-19 pandemic, which resulted in many countries experiencing the effects of health

issues and mortality, as well as vast economic impacts.

In accordance with the Emergency Management and Homeland Security law, on March 12, 2020,

Chairman Tehassi Hill signed a “Declaration of Public Health State of Emergency” regarding

COVID-19 which declared a Public Health State of Emergency for the Nation until April 12, 2020.

[3 O.C. 302.8-1]. The Public Health State of Emergency for the Nation has since been extended

until December 13, 2020, through resolutions BC-03-28-20-A, BC-05-06-20-A, BC-06-10-20-A,

BC-07-08-20-A, BC-09-09-20-A, BC-10-08-20-A and BC-11-10-20-A.

On March 17, 2020, the Oneida Business Committee (“OBC”) adopted emergency amendments

to the Emergency Management and Homeland Security law to create and delegate authority to a

COVID-19 Core Decision Making Team (“COVID-19 Team”). [3 O.C. 302.10]. Once a public

health state of emergency has been declared, the COVID-19 Team has the authority to declare

exceptions to the Nation’s laws, policies, procedures, regulations or standard operating procedures

which will be of immediate impact for purposes of protecting the health, safety and general welfare

of the Nation’s community, members and employees. [3 O.C. 302.10-2]. The declarations are to

remain in effect for the duration of the public health state of emergency, unless identified to be

effective for a shorter period of time. [3 O.C. 302.10-3].

On March 24, 2020, the COVID-19 Team issued a “Safer at Home” declaration prohibiting all

public gatherings of any number of people and ordering all individuals present within the Oneida

Reservation to stay at home or at their place of residence with certain exceptions allowed. On April

21, 2020, the COVID-19 Team issued an “Updated Safer at Home” declaration which allowed for

gaming and golf operations to resume. On May 19, 2020, the COVID-19 Team issued a “Safer at

Home Declaration, Amendment, Open for Business” permitting businesses to re-open under

certain safer business practices but directing that individuals within the Reservation should

continue to stay at home and continue to social distance. Then, on June 10, 2020, the COVID-19

Team issued a “Stay Safer at Home” declaration that lessened some of the “Safer at Home

Declaration, Amendment, Open for Business” restrictions, while still providing guidance.

On March 27, 2020, the COVID-19 Team issued a “Suspension of Public Meetings Under the

Legislative Procedures Act” declaration which suspended the LPA’s requirement to hold a public

meeting during a public comment period, but allows members of the community to still participate

in the legislative process by submitting written comments, questions, data or input on proposed

legislation to the Legislative Operating Committee (“LOC”) via e-mail during the public comment

period.

Page 2 of 3

A good mind. A good heart. A strong fire.

ONEIDA

15 of 136

Although a public meeting for the Industrial Hemp law was not held, the public comment period

was held open until July 9, 2020. The LOC received five (5) submissions of written comments, for

a total of twenty-five (25) comments, during the public comment period. All public comments

received were accepted, reviewed and considered by the LOC and any changes made based on

those comments have been incorporated into the Law. The proposed Law complies with the public

review requirements of the LPA as modified by the COVID-19 Team’s “Suspension of Public

Meetings under the Legislative Procedures Act” declaration.

If this resolution is adopted by the OBC, the Law will be submitted to the United States Department

of Agriculture (“USDA”) as the Nation’s regulatory plan. Per the 2018 Farm Bill, tribes and states

wanting to exercise regulatory authority over hemp production within their jurisdictions must

submit a regulatory plan to the USDA for approval that demonstrates compliance with the 2018

Farm Bill and USDA regulations promulgated in accordance therewith. Implementation of the

Law cannot occur until the Nation receives approval from the USDA.

Contingent on USDA approval, is that the Nation submit a certification along with the Law stating

that, upon said approval, the Nation will have the resources and personnel necessary to begin

carrying out the practices and procedures set forth therein. Consequences exist if the USDA

determines that the Nation’s certification was without merit.

To ensure that the Nation is ready to implement and administer the Law upon approval by the

USDA, especially given the concern raised by EHSLD over its capacity to do so following budget

and staffing cuts caused by the COVID-19 pandemic, the adopting resolution sets forth certain

thresholds that must be met by EHSLD before the Law may be submitted to the USDA. The

thresholds are as follows:

1. That the Division has completed all standard operating procedures required under the

Law;

2. That the Division has presented any resolution(s) required under the Law to the Oneida

Business Committee for approval; and

3. That the Division Director provides written confirmation to the Oneida Business

Committee that the Division has sufficient resources and staff to begin the

implementation and administration of the Nation’s industrial hemp plan in accordance

with the Law.

Once these thresholds are met, the Law will be sent to the USDA for approval as the Nation’s

regulatory plan, along with the aforementioned certification which is set forth in the adopting

resolution. And, once approved by the USDA, the Law will become effective within ten (10)

business days thereafter.

Conclusion

Adoption of this resolution would not conflict with any of the Nation’s laws. Adoption of this

resolution complies with the Legislative Procedures Act as modified by the COVID-19 Core

Decision Making Team’s “Suspension of Public Meetings under the Legislative Procedures Act”

declaration.

Page 3 of 3

A good mind. A good heart. A strong fire.

ONEIDA

16 of 136

Analysis to Draft 2

2020 12 02

INDUSTRIAL HEMP LAW

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Proposed Law

Purpose

Affected Entities

Related Legislation

Public Meeting

Fiscal Impact

To authorize hemp production within the boundaries of the Reservation and to grant

the Oneida Nation primary regulatory authority over hemp production by setting

forth criteria that all persons under the jurisdiction of the Nation who wish to

participate in the production of hemp must follow, including, but not limited to:

▪ Mandatory licensing and the process for licensure;

▪ A definition of what constitutes an “acceptable hemp THC level” for the

processing and distribution of hemp plants;

▪ Sampling and testing requirements to accurately determine whether a hemp

plant exceeds the acceptable hemp THC level;

▪ Requirements for the destruction and reporting of hemp crops that exceed

the acceptable hemp THC level;

▪ Reporting requirements so the Nation can track hemp production within the

Reservation and ensure it is being produced in compliance with the Law;

and

▪ Enforcement mechanisms, which include due process protections, for the

Nation to detect and respond to non-compliance with the Law.

o To authorize the production of hemp within the Reservation of the Oneida

Nation [5 O.C. 508.1-1(a)];

o To grant the Oneida Nation primary regulatory authority over the production of

hemp within the jurisdiction of the Nation [5 O.C. 508.1-1(b)];

o To assert the Nation’s inherent sovereign authority by creating a plan for the

production and regulation of hemp as an agricultural commodity consistent

with Oneida, as well as federal, law [5 O.C. 508.1-1(c)]; and

o To promote the Nation’s hemp industry to the maximum extent permitted by

law [5 O.C. 508.1-1(d)].

Any person under the jurisdiction of the Nation who wishes to produce hemp; the

Environmental, Health, Safety, Land and Agriculture Division; the Area of Land

Management; the Oneida Police Department; and the Nation’s Judiciary.

Rules of Civil Procedure; Rules of Appellate Procedure.

A public comment period was held open until July 9, 2020. A public meeting was

not held per the declaration of the Nation’s COVID-19 Core Decision Making

Team titled, Suspension of Public Meetings under the Legislative Procedures Act.

The Finance Department provided a fiscal impact statement on September 11, 2020

and then followed with an updated fiscal impact statement on November 2, 2020.

Page 1 of 14

17 of 136

Analysis to Draft 2

2020 12 02

SECTION 2. INDUSTRIAL HEMP

A. What is Industrial Hemp? Industrial hemp (“hemp”) is a highly versatile crop that belongs to the

cannabis sativa plant species.1 There are three main parts of the hemp plant that are harvested to produce

over 25,000 products today:

▪ Stalk – the stalk is harvested for its fiber, which can be used to make such products as rope, textiles,

yarn, paper, construction materials, plastics and car parts;

▪ Seeds – the seeds are harvested for use in such products as cooking oil, dietary supplements,

hygienic products (e.g. shampoo and lotion) and medicinal/pharmaceutical products; and

▪ Hemp Flower – the hemp flower is harvested for cannabidiol (“CBD”), which is a non-psychoactive

chemical compound that has been purported to possess medicinal and therapeutic benefits.2

B. Industrial Hemp v. Marijuana. Like hemp, marijuana belongs to the cannabis sativa plant species, and

thus, botanically, both plants are the same.3 Legally, however, the plants vary based on their level of

delta-9 tetrahydrocannabinol (“THC”). THC is the chemical in cannabis that provides the psychoactive

effect, with hemp having a significantly lower THC concentration level (typically, less than one (1)

percent) when compared to marijuana, which has an average THC concentration between ten (10)

percent and thirty (30) percent.4

▪ A THC concentration of around one (1) percent is the generally accepted threshold for the plant to

have a psychoactive effect that people associate with the “high” sensation.5

▪ Under federal law, hemp is defined as having a THC concentration of not more than 0.3 percent on

a dry weight basis, which is the same definition that is set forth in the proposed Law to ensure hemp

production is regulated in accordance with the 2018 Farm Bill.6

SECTION 3. HISTORY OF INDUSTRIAL HEMP (PRE-1970)

A. Hemp Production in the United States. The United States has a rich history of growing hemp for

industrial and agricultural purposes that dates back to the colonial period.7 Hemp was brought to the

American colonies in 1645 as a source of fiber to make cloth, paper, canvas and rope.8 It played a

significant role in producing the ropes and canvas necessary for ships.9

In 1937, however, the federal government passed the Marijuana Tax Act, which taxed all forms of

marijuana, including hemp, and put in place restrictions that made it significantly more difficult to grow

hemp.10 The restrictions were briefly loosened during WWII due to the shortage of imported fibers, as

well as the increased domestic demand for fibers, caused by the war.11 The federal government even

created a program called “Hemp for Victory” to promote hemp production in the United States.12 As a

Ryan LeCloux, “Regulating Wisconsin’s Hemp Industry,” Wisconsin Policy Project, vol. 2, no. 9 (August 2019).

Id.

Id (citing Renee Johnson, “Hemp as an Agricultural Commodity,” Congressional Research Service (June 22, 2018)).

Id (citing Renee Johnson, “Defining Hemp: A Fact Sheet,” Congressional Research Service (March 22, 2019)).

7 U.S.C. s. 5940(a)(2).

Ryan LeCloux, “Regulating Wisconsin’s Hemp Industry,” Wisconsin Policy Project, vol. 2, no. 9 (August 2019).

Id (citing Economic Research Service, “Industrial Hemp in the United States: Status and Market Potential,” U.S.

Department of Agriculture (January 2000)).

Id (citing Carey Reed, “8 Things You Didn’t Know about Hemp,” PBS NewsHour (October 17, 2015)).

Id (citing Gerald J. McKenna, “The current Status of Medical Marijuana in the United States,” Hawaii Journal of

Medicine & Public Health 73, no. 4 (April 2014)).

Id (citing Carey Reed, “8 Things You Didn’t Know about Hemp,” PBS NewsHour (October 17, 2015)).

Id (citing Deb Kozel, “Industrial Hemp Update,” Iowa Legislative Services Agency (February 1, 2019)).

Page 2 of 14

18 of 136

Analysis to Draft 2

2020 12 02

result, hemp fiber became pivotal in producing much needed war materials, including thread for shoes,

rope, and other materials for building ships, as well as calking vessels.13

After the war, U.S. hemp production declined significantly when the federal government resumed the

strict regulations it had put in place through adoption of the Marijuana Tax Act. And, in 1970, the hemp

industry was outlawed entirely when the federal government passed the Controlled Substances Act,

identifying marijuana, which was defined to include hemp, as a Schedule I drug.

B. Hemp Production in the State of Wisconsin. The State of Wisconsin harvested its first hemp crop in

1908.14 Wisconsin proved well-suited for hemp cultivation due to its humid and temperate climate, as

well as its fertile soil.15 This, in turn, led to a rapid growth in the state’s hemp production industry,

which was further bolstered by advances in technology that were occurring around the same time.16

In 1917, a scientist in Wisconsin invented a machine that could harvest and process hemp more

efficiently.17 Soon thereafter, hemp mills were constructed throughout the state to process hemp stalks

into fiber. Climate suitability, coupled with such technological advancements, made Wisconsin the hub

for hemp fiber production in the United States and, by 1920, the country’s top hemp producer.18

Wisconsin remained the country’s top hemp producing state until the 1950’s, when the hemp fiber

industry as a whole was becoming largely diminished in the United States.19 By 1957, Wisconsin had

harvested its last hemp crop and would not witness a reemergence of the crop until the adoption of the

2014 Farm Bill.20

SECTION 4. HISTORY OF INDUSTRIAL HEMP (POST-1970)

A. 2014 Farm Bill. In 2014, Congress passed the Agricultural Act of 2014, also known as the 2014 Farm

Bill, legalizing the production of hemp for the first time since 1970.21 The 2014 Farm Bill allowed

states to create agricultural pilot programs to study the growth, cultivation and marketing of industrial

hemp. However, it did not change hemp’s classification as a Schedule I drug, and thus, hemp remained

illegal for all other purposes, which meant that:

▪ Hemp products could only be sold for purposes of marketing research;

▪ Hemp products could not be sold in states that did not have a hemp pilot program;

▪ Hemp seeds and plants could not be transported over state lines;

▪ Individuals had to be registered with the U.S. Drug Enforcement Agency to import viable cannabis

seeds; and

▪ Rules for controlled substances still applied to products containing hemp, meaning they could not

be manufactured or distributed without the U.S. Food and Drug Administration’s approval.

Id (citing Albert Hazen Wright, “Wisconsin’s Hemp Industry,” Wisconsin Bulletin 293, Madison: Agricultural

Experiment Station of the University of Wisconsin (1918)).

Id.

Id (citing Jerry Apps, “Wisconsin Agriculture: A History,” Wisconsin Historical Society Press (2015)).

Id.

Carol Spaeth-Bauer, “Looking at an Exciting Future for Industrial Hemp,” Wisconsin State Farmer (December 19,

2018).

Id.

Agricultural Act of 2014, Pub. L. 113-79, section 7606.

Page 3 of 14

19 of 136

Analysis to Draft 2

2020 12 02

100

101

102

103

104

105

106

107

108

109

110

In 2017, the State of Wisconsin established a hemp pilot program in accordance with the 2014 Farm

Bill, officially launching its program in time for the 2018 growing season.22 The state’s pilot program

required state licensure for participants of the program, registration fees, a research plan through a

university or state department of agriculture, background checks, testing of crops for acceptable THC

levels and other regulatory provisions.23

The 2014 Farm Bill did not designate Indian tribes as “states” for the purpose of producing industrial

hemp under their own pilot programs. Therefore, tribes desiring to participate in a pilot program could

only do so by obtaining a license through the state department appointed by the state to administer its

pilot program.24 In Wisconsin, it was the Department of Agriculture, Trade and Consumer Protection

(“DATCP”) that was appointed to register the state’s program.

The Oneida Nation participated in the Wisconsin Hemp Pilot Research Project in 2019 by obtaining a

license through DATCP.25 Along with licensure, the major project components included registration

fees, reporting, recordkeeping, inspections, testing, and destruction protocol for plants that exceeded a

THC concentration level of 0.3 percent.26 The Nation’s goals for participating in the program were to

learn about hemp varieties, end-use product options, growth characteristics, labor requirements, postharvest processing, and marketability.

B. 2018 Farm Bill. In 2018, Congress enacted the 2018 Farm Bill, which made substantial changes to the

way the federal government had been regulating hemp under the 2014 Farm Bill.27 Most significantly,

it removed hemp from the controlled substances list and granted Indian tribes regulatory authority over

hemp production within their jurisdictions.28 Under the 2018 Farm Bill:

▪ Hemp is defined as the plant species Cannabis sativa L. and any part of that plant, including the

seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,

whether growing or not, with a THC concentration of not more than 0.3 percent on a dry weight

basis;

▪ The United States Department of Agriculture (“USDA”) is required to establish a permanent federal

hemp program that will act to phase out state pilot programs created under the 2014 Farm Bill by

terminating them one (1) year after the USDA releases regulations to govern hemp production

under the 2018 Farm Bill;

▪ Tribes and states are authorized to establish their own hemp production programs in lieu of the

USDA’s program so long as they submit a plan for approval to the USDA which includes the

specific requirements set forth in the 2018 Farm Bill, as well as the USDA regulations created in

accordance therewith; and

▪ Tribes and states are not allowed to prohibit the transportation of hemp or hemp products across

their boundary lines even if they do not have a hemp program.29

2017 WI Act 100.

Id.

USDA Clarifies Industrial Hemp Production for Indian Tribes. USDA: Agricultural Marketing Service. Ams.usda.gov.

March 2020.

Resolution BC-04-25-18-J, Support for Industrial Hemp Pilot Program.

Hemp Pilot Research Program. WI. Department of Agriculture, Trade, and Consumer Protection. Datcp.wi.gov/

Pages/ProgramsServices/Hemp. March 2020.

Agricultural Improvement Act of 2018, Pub. L. 115-334, section 11106.

Id.

Page 4 of 14

20 of 136

Analysis to Draft 2

2020 12 02

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

SECTION 5. LEGISLATIVE DEVELOPMENT

A. Legislative Background. This Industrial Hemp law was first added to the Active Files list in March of

2015, after U.S. Congress had adopted the 2014 Farm Bill. Under the 2014 Farm Bill, hemp could

legally be produced, but only for research purposes and only in states that had passed legislation for the

establishment of an agricultural pilot program aimed at studying the growth, cultivation or marketing

of industrial hemp. In 2015, the State of Wisconsin did not have such a law. The Law was added to the

Active Files List so that the Oneida Nation could establish its own pilot program under the 2014 Farm

Bill.

Work on the Law halted, however, due to a concern over the enabling language of the 2014 Farm

Bill. In 2016, precedent came out in support of the notion that section 7606 of the 2014 Farm Bill did

not authorize Indian tribes to create their own pilot program like it did for states and institutions of

higher education.30 In light of this precedent, as well as a similar statement put out by the U.S. Drug

Enforcement Agency, Department of Justice, Department of Agriculture, and Food & Drug

Administration, the Oneida Law Office opined that the Nation would likely be prohibited from

producing hemp within the Reservation unless licensed through a state pilot program created pursuant

to the 2014 Farm Bill.

Shortly thereafter, Wisconsin decided to create an industrial hemp pilot program through adoption of

2017 Wisconsin Act 100. And, in 2018, the Oneida Business Committee adopted resolution BC-04-2518-J titled, Support for Industrial Hemp Pilot Program, which authorized the Nation to participate in

the state’s industrial hemp pilot program for the 2018-2019 growing season. The Nation obtained its

license through Wisconsin’s Department of Agriculture, Trade and Consumer Protection and, after a

delay by the state in procuring seed certification, the Nation began growing hemp in 2019 for the limited

purpose of agriculture and academic research as was the extent of the authorization under the 2014

Farm Bill. Given these restrictions, the Nation’s goal for participating in the program was to learn about

hemp varieties, end- use product options, growth characteristics, labor requirements, post-harvest

processing and marketability.

Although the Nation was producing hemp under Wisconsin’s pilot program, it remained intent on

creating its own program to administer and regulate hemp as a sovereign nation. Thus, the proposed

Law was carried over from the previous term and added back onto the Active Files List for the 20172020 term.

B. 2018 Farm Bill. During the 2018-2019 growing season, U.S. Congress passed the 2018 Farm Bill. The

2018 Farm Bill made substantial changes to the way the federal government had been regulating hemp

under the 2014 Farm Bill. Most significantly, it removed hemp from the controlled substances list,

which allowed it to be produced for reasons other than agricultural/academic research, and granted

Indian tribes regulatory authority over hemp production within their jurisdictions, meaning tribes were

now permitted to create their own hemp production plans in lieu of federal or state plans so long as

approved by the USDA through submission of a plan that shows compliance with the 2018 Farm Bill

and the USDA Interim Final Rule (“IFR”) promulgated in accordance therewith.

With the 2018 Farm Bill and IFR in place, the Legislative Operating Committee (“LOC”) was able to

move forward with the development of the Nation’s own Industrial Hemp law. On October 7, 2020, the

Law was carried over from the 2017-2020 term and added back on to the Active Files List for the 20202023 term to finalize for purposes of adoption consideration.

Menominee Indian Tribe of Wis. v. Drug Enforcement Admin., 190 F. Supp.3d 843 (2016).

Page 5 of 14

21 of 136

Analysis to Draft 2

2020 12 02

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

The Nation believes that hemp is a valuable agricultural crop, as well as commodity, and that, through

proper regulation, hemp can be put to its highest and best use, providing jobs and revenue for essential

governmental programs and services that will benefit the Nation and its members. The proposed Law

will create a framework and a licensing program for the Nation to regulate hemp and hemp producers

on the Oneida Reservation. The Law will be submitted to the USDA as the Nation’s regulatory plan for

USDA approval in accordance with the 2018 Farm Bill and IFR.

SECTION 6. CONSULTATION AND OUTREACH

A. Hemp Team. With the Oneida Business Committee’s adoption of resolution BC-04-25-18-J titled,

Support for Industrial Hemp Pilot Program, a Hemp Team was created to administer the Nation’s hemp

production under the State of Wisconsin’s industrial hemp pilot program. The Hemp Team was also

consulted on a regular basis during the drafting phase of this legislation and proved pivotal in the

development of the proposed Law. The Hemp Team consisted of members from the following areas

within the Oneida Nation:

▪ The Community & Economic Development Division;

▪ The Environmental, Health, Safety, Land and Agriculture Division (“Division”);

▪ The Environmental Resources Board; and

▪ The Community Development Planning Committee (“CDPC”).

B. Outside Resources.

▪ The LRO staff attorney, as well as members of the LOC, participated in several conference calls

with the USDA and attended various USDA sponsored trainings to stay up to date on the most

current regulatory information regarding the 2018 Farm Bill and the IFR.

▪ The LRO staff attorney, as well as members of the LOC, attended two (2) meetings held by the

Wisconsin Tribal Conservation Advisory Council (“WTCAC”) to learn more about hemp and the

strategies/practices of other tribes pursuing legislation and regulatory programs under the 2018

Farm Bill.

SECTION 7. PROCESS

A. The development of this Law has followed the process set forth in the Legislative Procedures Act

(“LPA”), as modified by the COVID-19 Core Decision Making Team’s “Suspension of Public

Meetings Under the Legislative Procedures Act” declaration more fully discussed below. The proposed

Law was added to the Active Files List on March 18, 2015. It was then carried over from the 20142017 term and added back onto the Active Files List on September 6, 2017 for the 2017-2020 term.

Just recently, the proposed Law was carried over from the 2017-2020 term and added back onto the

Active Files List for the 2020-2023 term.

B. The following work meetings were held regarding the development of this Law and legislative analysis:

▪ August 1, 2018: Work meeting with LOC.

▪ August 28, 2018: Work meeting with CDPC.

▪ October 25, 2018: Work meeting with LOC.

▪ December 5, 2018: Work meeting with LOC.

▪ February 5, 2019: Work meeting with Hemp Team.

▪ April 11, 2019: Work meeting with LOC.

▪ July 2, 2019: Work meeting with Hemp Team.

▪ July 9, 2019: Work meeting with Hemp Team.

▪ July 15, 2019: Work meeting with LOC.

▪ September 11, 2019: Work meeting with Hemp Team.

▪ October 24, 2019: Work meeting with Hemp Team.

Page 6 of 14

22 of 136

Analysis to Draft 2

2020 12 02

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

▪

November 14, 2019: Work meeting with Hemp Team.

December 23, 2019: Work meeting with Hemp Team.

January 30, 2020: Work meeting with LOC.

February 14, 2020: Work meeting with Hemp Team.

February 21, 2020: Work meeting with Hemp Team.

March 12, 2020: Work meeting with Hemp Team.

April 8, 2020: Work meeting with LOC.

April 15, 2020: Work meeting with LOC.

April 16, 2020: Work meeting with LOC.

April 23, 2020: Work meeting with LOC.

April 28, 2020: Work meeting with LOC.

May 7, 2020: Work meeting with LOC.

May 15, 2020: Work meeting with LOC.

May 28, 2020: Work meeting with LOC.

July 16, 2020: Work meeting with LOC.

October 7, 2020: Work meeting with LOC.

October 23, 2020: Work meeting with Division and LOC.

October 29, 2020: Work meeting with LOC.

C. COVID-19 Pandemic’s Effect on the Legislative Process. The world is currently facing a pandemic

of the coronavirus disease 2019 (“COVID-19”). The COVID-19 outbreak originated in Wuhan, China

and has spread to many other countries throughout the world, including the United States of America.

The COVID-19 pandemic has resulted in high rates of infection and mortality, as well as vast economic

impacts to the stock market and businesses. A public meeting for the proposed Law was not held due

to the COVID-19 pandemic, based on the following:

▪ Declaration of a Public Health State of Emergency.

• On March 12, 2020, Chairman Tehassi Hill signed a “Declaration of Public Health State

of Emergency” in response to the COVID-19 pandemic, which declared a Public Health

State of Emergency for the Nation until April 12, 2020, setting into place the necessary

authority for action to be taken and allowing the Nation to seek reimbursement of

emergency management actions that may result in unexpected expenses.

• On March 28, 2020, the Oneida Business Committee adopted resolution BC-03-28-20-A

titled, “Extension of March 12th Declaration of Public Health State of Emergency” which

extended the Nation’s Public Health State of Emergency until May 12, 2020.

• On May 6, 2020, the Oneida Business Committee adopted resolution BC-05-06-20-A

titled, “Extension of Declaration of Public Health State of Emergency Until June 11, 2020”

which further extended the Nation’s Public Health State of Emergency until June 11, 2020.

• On June 10, 2020, the Oneida Business Committee adopted resolution BC-06-10-20-A

titled, “Extension of Declaration of Public Health State of Emergency Until July 12, 2020”

which further extended the Nation’s Public Health State of Emergency until July 12, 2020.

• On July 8, 2020, the Oneida Business Committee adopted resolution BC-07-08-20-A titled,

“Extension of Declaration of Public Health State of Emergency Until August 11, 2020”

which further extended the Nation’s Public Health State of Emergency until August 11,

2020.

• On August 6, 2020, the Oneida Business Committee adopted resolution BC-08-06-20-A

titled, “Extension of Declaration of Public Health State of Emergency Until September 11,

2020” which further extended the Nation’s Public Health State of Emergency until

September 11, 2020.

Page 7 of 14

23 of 136

Analysis to Draft 2

2020 12 02

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

301

302

303

304

•

▪

On September 9, 2020, the Oneida Business Committee adopted resolution BC-09-09-20A titled, “Extension of Declaration of Public Health State of Emergency Until October 12,

2020” which further extended the Nation’s Public Health State of Emergency until October

12, 2020.

• On October 8, 2020, the Oneida Business Committee adopted resolution BC-10-08-20-A

titled, “Extension of Declaration of Public Health State of Emergency Until November 13,

2020” which further extended the Nation’s Public Health State of Emergency until

November 13, 2020.

• On November 10, 2020, the Oneida Business Committee adopted resolution BC-11-10-20A titled, “Extension of Declaration of Public Health State of Emergency Until December

13, 2020” which further extended the Nation’s Public Health State of Emergency until

December 13, 2020.

COVID-19 Core Decision Making Team Declarations: Safer at Home.

• On March 24, 2020, the Nation’s COVID-19 Core Decision Making Team issued a “Safer

at Home” declaration which ordered all individuals present within the Oneida Reservation

to stay at home or their place of residence, with certain exceptions allowed. This declaration

prohibited all public gatherings of any number of people.

• On April 21, 2020, the COVID-19 Core Decision Making Team issued an “Updated Safer

at Home” declaration which allowed for gaming and golf operations to resume.

• On May 19, 2020, the COVID-19 Core Decision Making Team issued a “Safer at Home

Declaration, Amendment, Open for Business” which directed that individuals within the

Oneida Reservation continued to stay at home, that businesses could re-open under certain

safer business practices, and that social distancing be practiced by all persons.

• On June 10, 2020, the COVID-19 Core Decision Making Team issued a “Stay Safer at

Home” declaration which lessened the restrictions from the “Safer at Home Declaration,

Amendment, Open for Business” while still providing guidance.

COVID-19 Core Decision Making Team Declaration: Suspension of Public Meetings under the

Legislative Procedures Act.

• On March 27, 2020, the COVID-19 Core Decision Making Team issued a “Suspension of

Public Meetings under the Legislative Procedures Act” declaration which suspended the

LPA's requirement to hold a public meeting during the public comment period, but allows

members of the community to still participate in the legislative process by submitting

written comments, questions, data or input on proposed legislation to the LOC via e-mail

during the public comment period.

• Although a public meeting was not held on the proposed Industrial Hemp law, a public

comment period was still held open until July 9, 2020, in accordance with the LPA and the

COVID-19 Core Decision Making Team’s “Suspension of Public Meetings under the

Legislative Procedures Act” declaration.

o The LOC received five (5) submissions of written comments, for a total of twentyfive (25) comments, during the public comment period. All public comments

received were accepted, reviewed and considered by the LOC and any changes

made based on those comments have been incorporated into the proposed Law.

SECTION 8. CONTENTS OF THE LEGISLATION

A. Purpose of the Law.

▪ Self-Governance. The 2018 Farm Bill recognizes that Indian tribes, not the federal government,

can and should assume primary regulatory authority over hemp production within their

jurisdictions. To exercise that right, Indian tribes, as well as any state wishing to assume primary

regulatory authority over hemp production, must submit a regulatory plan to the USDA for approval

Page 8 of 14

24 of 136

Analysis to Draft 2

2020 12 02

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

▪

that includes, at a minimum, the processes and prohibitions required by the 2018 Farm Bill and

IFR. This Law will be submitted to the USDA as the Nation’s regulatory plan. [5 O.C. 508.4-1].

Enabling Legislation. Once approved by the USDA as the Nation’s regulatory plan, the Law will

go into effect within ten (10) business days following said approval, meaning it will then enable,

or authorize, the production of hemp within the boundaries of the Oneida Reservation and grant the

Nation regulatory authority over hemp production that occurs within its jurisdiction. [5 O.C. 508.11].

• With respect to hemp “production”, the Law defines it to include cultivation, processing,

handling or storing of hemp plants for market in the United States. Given this broad

definition, nearly any activity related to hemp cultivation within the jurisdiction of the

Nation would be governed by this Law. [5 O.C. 508.3-1(ii)].

B. Application. This Law regulates the production of hemp within the boundaries of the Oneida Nation

and applies to all persons under the jurisdiction of the Nation that intend to engage, whether directly or

indirectly, in the production of hemp. [5 O.C. 508.4-1].

▪ In the Law, “person” is defined to include a corporation, cooperative, consortium, foundation,

organization, business trust, estate, limited liability company, licensed corporation, trust

partnership, limited liability partnership, association or other form of legal business entity,

including another governmental entity. [5 O.C. 508.3-1(ff)].

▪ The Law provides that persons doing business with the Nation or persons engaged in commercial

dealings, leases, licenses, easements or other transactions related to hemp production within the

exterior boundaries of the Reservation have voluntarily and explicitly consented to the jurisdiction

of the Nation and are subject to regulation by the Nation. [5 O.C. 508.4-1].

C. Effectiveness. Per the requirements of the 2018 Farm Bill and USDA regulations created thereunder,

the Law will not become effective until approved by the USDA. [5 O.C. 508.4-1].

▪ Before the legislation is submitted to the USDA for approval, the 2018 Farm Bill further requires

that the Oneida Business Committee certify in writing that the Nation is capable and prepared to

implement the Law upon USDA approval.

• If, upon audit, the USDA determines that the Nation is not acting in accordance with its

certification of readiness, the Nation could be subject to a corrective action plan and, if

multiple instances of non-compliance are found, a revocation of approval to assume

regulatory authority over the production of hemp within its boundaries.

• The Law’s adopting resolution contains the requisite certification and, if approved by the

Oneida Business Committee, the resolution will be included with the Law when submitted

to the USDA for approval. However, to ensure that the Nation is ready to perform in

accordance with the certification once approved by the USDA, the certification, as well as

the adopting resolution, contains a triggering clause that prohibits the Law from being sent

to the USDA for approval until the following thresholds are met by the Division:

o The Division creates all standard operating procedures required under the Law;

o The Division has presented any resolution(s) required under the Law to the Oneida

Business Committee for approval; and

o The Division Director provides written confirmation to the Oneida Business

Committee that the Division has sufficient resources and staff to begin the

implementation and administration of the Nation’s industrial hemp plan in

accordance with the Law.

D. Compliance. All hemp produced within the jurisdiction of the Nation must meet the requirements of

the Law, which incorporates all mandatory provisions from the 2018 Farm Bill and IFR. [5 O.C. 508.42].

Page 9 of 14

25 of 136

Analysis to Draft 2

2020 12 02

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

▪

Understanding that the 2018 Farm Bill, as well as the IFR, are subject to amendments which could

result in a change to some of the current requirements that may better serve the policy behind the

Law, “Farm Bill” is broadly defined to include the IFR, as well as any subsequent amendments to

either versions, so that adjustments can potentially be made without having to undergo amendments

to this Law. [5 O.C. 508.3-1(p)]. To that end, the Law also includes the following provision:

• Consistent with sections 508.1-1 and 508.1-2, this law shall be liberally construed to

the greatest extent authorized under the Farm Bill to fulfill the purpose and policy for

which it was adopted. [5 O.C. 508.4-1(c)].

The Division, as the assigned administrator, is responsible for providing the public with information

on how to participate in hemp production in compliance with the Law. [5 O.C. 508.5-2]. This

includes, at a minimum, information on how to:

• Determine prospective geospatial locations [5 O.C. 508.5-2(a)(1)];

• Obtain and properly submit a Criminal History Report [5 O.C. 508.5-2(a)(2)]; and

• Share requisite information with the Farm Service Agency [5 O.C. 508.5-2(a)(3)].

E. Licensure. Persons intending to produce hemp or participate in the production of hemp must first obtain

a license from the Division. [5 O.C. 508.6-1].

▪ License Application Process. To obtain a license to produce hemp, persons must:

• Fill out the application form created by the Division [5 O.C. 508.6-2(a)];

• Provide the street address (if possible), legal description and geospatial location for each

field, greenhouse, building or site where hemp will be cultivated, handled, processed or

stored [5 O.C. 508.6-2(a)(2)];

o As indicated, the Law requires the Division to provide public information on how

to determine geospatial locations.

• Provide proof of ownership of the land or property where hemp will be produced; or proof

of permission to use another’s land/property for hemp production [5 O.C. 508.6-2(a)(3)];

• Provide a description of the intended use of the hemp crop; the intended method of

cultivation; and whether the applicant intends to use any pesticides, herbicides or other

potentially hazardous materials during the cultivation process [5 O.C. 508.6-2(a)(4)];

• Acknowledge, through execution of the application, that they are agreeing to abide by all

rules and regulations governing the Nation’s plan and are certifying that the information

they provided in and submitted with the application is accurate and truthful [5 O.C. 508.62(a)(5)];

o Persons found to have materially falsified any information provided in or along

with their application shall be deemed ineligible for licensure. [5 O.C. 508.6-3].

• Provide a Criminal History Report that has been completed no greater than sixty (60) days

before the date the person submits the application to the Division [5 O.C. 508.6-2(a)(6)];

o “Criminal History Report” is defined within the Law to mean the U.S. Federal

Bureau of Investigation’s Identity History Summary. [5 O.C. 508.3-1(g)].

- As indicated, the Law requires the Division to provide public information

on how to obtain and properly submit a Criminal History Report during

the application process.

o Applicants with a state or felony conviction relating to a controlled substance are

ineligible for licensure for a period of ten (10) years from the date of conviction

unless they had been lawfully producing hemp under the 2014 Farm Bill before

December 20, 2018 and had been convicted before that date. [5 O.C. 508.6-3].

• Pay the licensing fee set pursuant to the fee schedule created by the Division and approved

by the Oneida Business Committee through resolution [5 O.C. 508.6-2(a)(7)]; and

Page 10 of 14

26 of 136

Analysis to Draft 2

2020 12 02

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

•

▪

Provide any further information, disclosure or consent the Division requires under the

standard operating procedure it created pursuant to the Law [5 O.C. 508.6-2].

License Period. A license to produce hemp is valid for a period of three (3) years from the date it

was issued. [5 O.C. 508.6-1(b)].

F. Maintaining Licensure. Persons licensed to produce hemp (“Licensee”) must adhere to the following

to maintain their licensure:

▪ Acceptable Hemp THC Level. Licensees are prohibited from producing hemp plants that exceed

the acceptable hemp THC level. [5 O.C. 508.11].

• A hemp plant exceeds the acceptable hemp THC level “when the application of the

measurement of uncertainty (MU) to the reported delta-9 tetrahydrocannabinol content

concentration level on a dry weight basis produces a distribution or range of not more than

0.3%.” [5 O.C. 508.3-1].

▪ Reporting. Licensees are required to report as follows:

• Upon issuance of their license, Licensees must report their hemp crop acreage to the Farm

Service Agency and forward copies of the same to the Division [5 O.C. 508.7-2(c)];

o As indicated, the Law requires the Division to provide public information on how

to report to the Farm Service Agency.

• Licensees must report planting, pre-harvest and post-harvest activities to the Division in

the manner indicated within the Division’s standard operating procedures [5 O.C. 508.72(a)];

• Licensees must share any test results, obtained under the Law’s testing provisions, with the

Division and, if deemed necessary by the Division, with the USDA [5 O.C. 508.7-2(b)];

and

• Licensees are required to immediately notify the Division of any changes in their

application status and, within five (5) days of conviction, any felony convictions relating

to controlled substances or violent/sex crimes [5 O.C. 508.6-2(c)(1) & 508.7-2(d)].

o Licensees must maintain the above reports, along with all other information

referenced within the Law or the Division’s standard operating procedures, for a

period of at least seven (7) years. [5 O.C. 508.7-3(b)].

o The information must be maintained in a manner that allows the Licensee to easily

access it upon request of the Division. [5 O.C. 508.7-3(b)(1)].

▪ Division Oversight. The Division is required to undergo the following to ensure Licensees are

producing hemp in accordance with the Law:

• That it collects and maintains, for at least seven (7) years, specific information on each

license it issues, including:

o The Licensee’s contact information, which must include the address of residence

[5 O.C. 508.6-2(a)(1)];

o The locations of the Licensee’s growing sites [5 O.C. 508.6-2(a)(2)]; and

o Information relating to the Licensee’s acreage; crop sampling, testing and results;

and destruction of non-compliant plants. [5 O.C. 508.7-1].

• That it conducts inspections and investigates complaints [5 O.C. 508.5];

o Licensees are required to grant the Division or designees of the Division complete

access to their growing sites to conduct inspections, sampling and, if necessary,

disposal of non-compliant plants. [5 O.C. 508.7-2].

• That it samples and tests hemp crops pursuant to the protocol set forth in the Law to

determine whether they exceed the acceptable hemp THC level and, if they do, that it

destroys the non-compliant plants in accordance with the 2018 Farm Bill [5 O.C. 508.8];

and

Page 11 of 14

27 of 136

Analysis to Draft 2

2020 12 02

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

o The Law provides that the Division may collect samples, facilitate testing and

•

oversee destruction of non-compliant plants using representatives of the Nation (so

long as they are not the actual Licensees) or by outsourcing to an appropriate

individual or entity of the Division’s choosing. [5 O.C. 508.8].

o The sampling, testing and destruction protocols set forth in the Law are per the

requirements of the 2018 Farm Bill and IFR. However, the Law carves out

flexibility for the Nation to use alternative protocols at such time that the federal

guidelines allow for it. [5 O.C. 508.8].

That it enforces the Law through appropriate means, including the issuance of corrective

actions and mandatory reporting to the USDA for non-compliance that has a culpable

mental state greater than negligence [5 O.C. 508.7-1].

o Licensees are required to comply with any corrective action plan that was issued

by the Division for non-compliance. [5 O.C. 508.11].

G. Sampling, Testing and Destruction. The 2018 Farm Bill and IFR set forth specific protocols that must

be followed for collecting samples of each hemp crop; for testing those samples; and, if a sample tests

above the acceptable hemp THC level, for destroying the entire crop associated with that sample. To

ensure compliance with the 2018 Farm Bill and IFR, this Law has adopted these protocols in their

entirety, but carved out flexibility for the Nation to adopt different protocols in the event the federal

government decides to loosen some of its current sampling, testing and disposal requirements. [5 O.C.

508.8-1].

H. Enforcement and Appeals.

▪ Violations. The Law provides that violators of the Law shall not, as a result of the violation, be

subject to any criminal enforcement action by the Tribal, Federal, State or local government. [5

O.C. 508.11]. It then divides violations into the following two (2) categories:

• Negligent violations, which include, but are not limited to:

o A failure to provide a legal description of land on which the Licensee produces

hemp [5 O.C. 508.11-2(a)(1)];

o A failure to obtain a license from the Division to produce hemp [5 O.C. 508.112(a)(2)]; and

o The production of hemp with a concentration exceeding the acceptable hemp THC

level [5 O.C. 508.11-2(a)(3)].

- The Law affords some flexibility with respect to hemp that is produced

with a THC concentration in excess of 0.3 percent, but not more than 0.5

percent, in that it does not consider this to be a negligent violation so long

as the Licensee made reasonable efforts to grow hemp, but still requires

that the crop be destroyed. [5 O.C. 508.11-2(a)(3)(A)(i)].

• Violations made with a culpable mental state greater than negligence, which the Law

defines as acting intentionally, knowingly, willfully, or recklessly. [5 O.C. 508.11].

▪ Enforcement.

• If the Division finds that a negligent violation occurred, the Law requires it to establish a

corrective action plan that includes, at a minimum:

o A plan to correct the violation [5 O.C. 508.11-2(b)(1)];

o A reasonable date by which the Licensee shall correct the negligent violation [5

O.C. 508.11-2(b)(2)]; and

o A requirement that the Licensee periodically reports to the Division on Licensee’s

compliance with the Nation’s plan for a period of not less than the next two (2)

years from the date of the negligent violation [5 O.C. 508.11-2(b)(3)].

- Licensees found to have negligently violated the Law three (3) times

Page 12 of 14

28 of 136

Analysis to Draft 2

2020 12 02

502

503

504

505

506

507

508

509

510

511

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

▪

within a five (5) year period shall be ineligible to produce hemp for a

period of at least five (5) years from the date of the third violation. [5 O.C.

508.11].

• If the Division determines that a Licensee violation was committed with a culpable mental

state greater than negligence, the Law requires that it immediately report the Licensee to

the U.S. Attorney General, USDA and the Nation’s chief law enforcement officer or chief

law enforcement officer of the state charged with receiving such information. [5 O.C.

508.11].

Appeals. The Law allows for appeals of decisions of the Division to be filed with the Judiciary in

accordance with the Nation’s governing laws. [5 O.C. 508.12].

SECTION 9. OTHER CONSIDERATIONS

A. Certification of Readiness. In the event the Oneida Business Committee decides to adopt this Law, it

would then have to be sent to the USDA for approval before implementation could begin. Contingent

on USDA approval, is that the Nation include a certification stating that, upon said approval, the Nation

will have the resources and personnel necessary to begin carrying out the practices and procedures set

forth therein. Should the USDA determine otherwise during an audit of the Nation’s plan, the following

could occur:

▪ For first instances of non-compliance – the USDA could develop a corrective action plan for the

Nation to follow to ensure compliance with its Law; and

▪ For additional instances of non-compliance, the USDA may revoke its approval of the Law and

assume regulatory authority over hemp production within the jurisdiction of the Nation.

• Impact of COVID-19 on Certification. In response to COVID-19 and the Nation’s Public

Health State of Emergency declaration, the Oneida Business Committee adopted resolution

BC-04-08-20-C titled, “Tier V Budget Contingency Declared for Remainder of Fiscal Year

2020.”

o Resolution BC-04-08-20-C adopted Tier V budget reductions from the Budget

Contingency Plan, created under the Budget Management and Control law, which

included five percent (5%) mandatory budget cuts across the Nation, reduction of

all funding to go to essential services only, and layoffs/furloughs.

o At least half of the Nation’s workforce has been placed on furlough or laid off due

to the COVID-19 pandemic and Public Health State of Emergency declaration.

o The Nation’s Chief Financial Officer has identified that complete financial

recovery from the impacts of COVID-19 may take as long as two (2) to three (3)

years and operations, including services and employment levels, may not return

to pre-pandemic levels.

o Due to the uncertain nature of the pandemic, including its financial constraints on

the Nation and the potential effect on the Division’s staffing levels to last beyond

the Public Health State of Emergency, the Division expressed a concern over its

current capacity to implement and administer the Law once approved by the

USDA.

• Adopting Resolution. To ensure the Nation’s readiness to perform in accordance with the

requisite certification, the adopting resolution includes the following thresholds that must

be met before the Law may be sent to the USDA for approval as the Nation’s regulatory

plan:

o That the Division has created all standard operating procedures required under

the Law;

o That the Division has presented any resolution(s) required under the Law to the

Oneida Business Committee for approval; and

Page 13 of 14

29 of 136

Analysis to Draft 2

2020 12 02

551

o That the Division Director provides written confirmation to the Oneida Business

552

Committee that the Division has sufficient resources and staff to begin the

553

implementation and administration of the Nation’s industrial hemp plan in

554

accordance with the Law.

555

556

B. Fiscal Impact. A fiscal impact statement of the proposed Law was provided by the Finance Department

557

on September 11, 2020 and again on November 2, 2020 as an updated document.

558

▪ Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation except

559

emergency legislation. [1 O.C. 109.6-1].

560

▪ Resolution BC-10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the

561

Legislative Procedures Act,” requires that, when developing a fiscal impact statement for the

562

adoption of proposed legislation by the Oneida Business Committee, the Finance Department shall,

563

within ten (10) business days of final approval of draft legislation by the Legislative Operating

564

Committee, unless granted an extension of time, provide a fiscal impact statement to the Legislative

565

Operating Committee.

566

Page 14 of 14

30 of 136

Draft 2 for OBC Consideration

2020 12 02

Title 5. Business - Chapter 508

INDUSTRIAL HEMP

508.1.

508.2.

508.3.

508.4.

508.5.

508.6.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Application

Authority

Licensing Requirements

508.7. Required Recordkeeping and Reporting

508.8. Sampling and Testing

508.9. Destruction of Noncompliant Plants

508.10. Compliance

508.11. Enforcement

508.12. Appeals

508.1. Purpose and Policy

508.1-1. Purpose. The purpose of this law is to:

(a) Authorize the production of hemp within the Reservation of the Oneida Nation;

(b) Grant the Oneida Nation primary regulatory authority over the production of hemp

within the jurisdiction of the Nation;

that regulates hemp as an agricultural commodity consistent with Oneida, as well as

federal, law; and

(d) Promote the Nation’s hemp industry to the maximum extent permitted by law.

508.1-2. Policy. The Agricultural Improvement Act of 2018, commonly referred to as the 2018

Farm Bill, provides an opportunity for Indian Nations to engage in hemp production through the

submission of a hemp production plan for approval to the United States Department of Agriculture.

The Farm Bill recognizes that Indian Nations, not the federal government, can and should assume

primary regulatory authority over hemp production within their jurisdictions. It is the policy of the

Nation to exercise its inherent sovereign authority through self-governance. It is further the policy

of the Nation to protect the health, security and general welfare of the community. The Nation

finds that hemp is a valuable agricultural crop and commodity and that through proper regulation,

hemp can be put to its highest and best use, thereby providing jobs and revenue for essential

governmental programs and services that will benefit the Nation and its members.

508.2. Adoption, Amendment, Repeal

508.2-1. This law was adopted by the Oneida Business Committee by resolution BC-__-__-___.

508.2-2. This law may be amended or repealed by the Oneida Business Committee and/or

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

508.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

508.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

508.2-5. This law is adopted under the authority of the Constitution of the Oneida Nation.

508.3. Definitions

508.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Acceptable hemp THC level” means when the application of the measurement of

uncertainty (“MU”) to the reported delta-9 tetrahydrocannabinol content concentration

level on a dry weight basis produces a distribution or range of not more than 0.3 percent.

5 O.C. 508 – Page 1

31 of 136

Draft 2 for OBC Consideration

2020 12 02

(b) “Applicant” means a person who applies to the Nation for a license to participate in

the Nation’s hemp production plan established by this law.

Cannabis sativa is a species and refers to any form of the plant whereby the delta-9

tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

(d) “Controlled Substances Act” means the act, codified in 21 U.S.C. 801, et seq.,

establishing the U.S. federal drug policy for regulating the manufacture, importation,

exportation, possession, use and distribution of certain substances.

(e) “Conviction” means any plea of guilty or nolo contendere, or any finding of guilt,

except when the finding of guilt is subsequently overturned on appeal, pardoned or

expunged.

(f) “Corrective action plan” means a plan established by the Division for a producer to

correct a negligent violation or other form of non-compliance with the Nation’s hemp

production plan and/or this law.

(g) “Criminal History Report” means the U.S. Federal Bureau of Investigation’s Identity

History Summary.

(h) “Culpable mental state greater than negligence” means to act intentionally, knowingly,

willfully or recklessly.

(i) “Decarboxylated” means the completion of the chemical reaction that converts THCacid (“THC-A”) into delta-9-THC, the intoxicating component of cannabis. The

decarboxylated value is also calculated using a conversion formula that sums delta-9-THC

and eighty-seven and seven tenths (87.7) percent of THC-A.

(j) “Decarboxylation” means the removal or elimination of carboxyl group from a

molecule or organic compound.

(k) “Delta-9 tetrahydrocannabinol, delta-9-THC or THC” means the primary psychoactive

component of cannabis. For purposes of the Nation’s plan, delta-9-THC and THC are

interchangeable.

(l) “Division” means the Oneida Environmental, Health, Safety, Land and Agriculture

Division or other named entity delegated the authority to carry out the responsibilities and

powers set forth in section 508.5-2 of this law.

(m) “Drug Enforcement Administration or DEA” means the federal law enforcement

agency under the U.S. Department of Justice that is the lead agency for domestic

enforcement of the Controlled Substances Act.

(n) “Dry weight basis” means the ratio of the amount of moisture in a sample to the amount

of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance

after removing the moisture from the substance. Percentage of THC on a dry weight basis

means the percentage of THC, by weight, in a cannabis item (plant, extract or other

derivative) after excluding moisture from the item.

(o) “Expunged” means when a conviction is removed from an individual’s criminal history

record and there are no legal disabilities or restrictions associated with the expunged

conviction, other than the fact that the conviction may be used for sentencing purposes for

subsequent convictions.

(p) “Farm Bill” means the Agricultural Improvement Act of 2018, Pub. L. 115-334,

5 O.C. 508 – Page 2

32 of 136

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

Draft 2 for OBC Consideration

2020 12 02

December 20, 2018, 132 Stat. 4490, as may be amended from time-to-time hereafter, along

with the Interim Final Rule for the establishment of a domestic hemp production program

issued by the U.S. Department of Agriculture on October 29, 2019 and as may be finalized

and further amended from time-to-time hereafter.

(q) “Farm Service Agency or FSA” means the USDA agency charged with assisting in

information collection on land being used for hemp production.

(r) “Gas chromatography or GC” means a type of chromatography in analytical chemistry

used to separate, identify and quantify each component in a mixture. GC relies on heat for

separating and analyzing compounds that can be vaporized without decomposition.

(s) “Geospatial location” means a location designated through a global system of

navigational satellites used to determine the precise ground position of a place or object.

(t) “Handle” means to harvest or store hemp plants or hemp plant parts prior to the delivery

of such plants or plant parts for further processing and, where cannabis plants exceed the

acceptable hemp THC level, shall also mean to dispose of those plants.

(u) “Hemp” means the plant species Cannabis sativa L. and any part of that plant, including

the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts

of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of

not more than 0.3 percent on a dry weight basis.

(v) “High-performance liquid chromatography or HPLC” means a type of chromatography

technique in analytical chemistry used to separate, identify and quantify each component

in a mixture.

(w) “Information sharing system” means the database mandated under the Farm Bill which

allows USDA to share information collected under tribal, state and USDA plans with tribal,

federal, state, and local law enforcement.

(x) “Key participant” means a sole proprietor, partner in a partnership, or person with

executive managerial control in a corporation such as a chief executive officer, chief

operating officer and chief financial officer, but not non-executive managers such as farm,

field or shift managers.

(y) “Law enforcement agency” means any tribal, federal, state or local law enforcement

agency.

(z) “Lot” means a contiguous area in a field, greenhouse or indoor growing structure

containing the same variety or strain of cannabis throughout the area.

(aa) “Marijuana” means all cannabis that tests as having a concentration level of THC on

a dry weight basis of higher than 0.3 percent.

(bb) “Measurement of uncertainty or MU” means the parameter, associated with the result

of a measurement, that characterizes the dispersion of the values that could reasonably be

attributed to the particular quantity subject to measurement.

(cc) “Nation” means the Oneida Nation.

(dd) “Nation’s plan” means the criteria and regulations set forth in this law to govern the

production of hemp within the jurisdiction of Nation and serves as the “plan” as required

by the Farm Bill to be submitted to and approved by the USDA for the Nation to assume

primary regulatory authority over the production of hemp within its jurisdiction.

(ee) “Negligence” means a failure to exercise the level of care that a reasonably prudent

5 O.C. 508 – Page 3

33 of 136

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

Draft 2 for OBC Consideration

2020 12 02

person would exercise in complying with the regulations set forth in this law.

(ff) “Person” means a natural person, corporation, cooperative, consortium, foundation,

organization, business trust, estate, limited liability company, licensed corporation, trust

partnership, limited liability partnership, association or other form of legal business entity,

including another governmental entity.

(gg) “Phytocannabinoid” means cannabinoid chemical compounds found in the cannabis

plant, two of which are delta-9-THC and cannabidiol (“CBD”).

(hh) “Postdecarboxylation” means in the context of testing methodologies for THC

concentration levels in hemp a value determined after the process of decarboxylation that

determines the total potential delta-9-THC content derived from the sum of the THC and

THC-A content and reported on a dry weight basis. The postdecarboxylation value of THC

can be calculated by using a chromatograph technique using heat, gas chromatography,

through which THC-A is converted from its acid form to its neutral form, THC. Thus, this

test calculates the total potential THC in a given sample. The postdecarboxylation value of

THC can also be calculated by using a high-performance liquid chromatograph technique,

which keeps the THC-A intact, and requires a conversion calculation of that THC-A to

calculate total potential THC in any given sample.

(ii) “Produce or production” means to cultivate, process, handle or store hemp plants for

market in the United States.

(jj) “Producer” means a person licensed by the Division to produce hemp under the

Nation’s plan.

(kk) “Reservation” means all land within the exterior boundaries of the Reservation of the

Oneida Nation, as created pursuant to the 1838 Treaty with the Oneida 7 Stat. 566, and any

lands added thereto pursuant to federal law.

(ll) “Reverse distributor” means a person who is registered with the DEA to dispose of

marijuana under the Controlled Substances Act.

(mm) “USDA” means the United States Department of Agriculture.

508.4. Application

508.4-1. This law regulates the production of hemp within the jurisdiction of the Nation and

shall be effective upon approval from the USDA as the Nation’s plan under the Farm Bill.

(a) In furtherance of the Nation’s inherent authority and the regulatory objectives set forth

in the Farm Bill, the Nation finds that persons doing business with the Nation or persons

engaged in commercial dealings, leases, licenses, easements or other transactions related

to hemp production within the exterior boundaries of the Reservation have voluntarily and

explicitly consented to the jurisdiction of the Nation and are subject to regulation by the

Nation.

(b) Consistent with sections 508.1-1 and 508.1-2, this law shall be liberally construed to

the greatest extent authorized under the Farm Bill to fulfill the purpose and policy for which

it was adopted.

508.4-2. All hemp production within the jurisdiction of the Nation must meet the requirements

of this law and any applicable portions of the Farm Bill.

(a) The regulations and penalties imposed by this law extend to any person engaged in

5 O.C. 508 – Page 4

34 of 136

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

Draft 2 for OBC Consideration

2020 12 02

activities related in any way, directly or indirectly, to hemp production, whether licensed

or not.

508.4-3. Nothing in this law shall be construed to prohibit hemp or hemp products, produced in

accordance with subtitle G of the Agricultural Marketing Act of 1946 (as added by section 10113),

from being transported or shipped through the Reservation.

508.4-4. Nothing in this law limits, modifies or waives the need for a person to obtain any other

license or permit required by any other applicable law of the Nation to operate a business or other

entity within the Reservation or to comply with any other applicable law of the Nation, including,

but not limited to, the Nation’s environmental and land use laws.

508.5. Authority

508.5-1. General. This law is enacted under the inherent sovereign authority of the Oneida Nation

to regulate hemp as an agricultural commodity in compliance with the Farm Bill.

(a) By enacting this law, the Nation does not waive its sovereign immunity or consent to

suit in any court, whether the court is tribal, federal, or state, and the enactment of this law

shall not be construed to be a waiver of the sovereign immunity of the Nation, its offices,

departments, agents, subsidiaries, corporations or enterprises nor a consent to suit against

the Nation in any court.

508.5-2. Authority of the Division. The Division is hereby delegated the authority to regulate and

oversee hemp production under the Nation’s plan and shall have all powers necessary to fulfill the

requirements of this law. At a minimum, the Division shall have the authority and responsibility

to:

(a) Provide prospective producers with information necessary to participate in the Nation’s

plan, to include, but not be limited to:

(1) How to determine prospective geospatial locations;

(2) How to obtain and properly submit a Criminal History Report; and

(3) How to share requisite information with the Farm Service Agency.

(b) Issue licenses to produce hemp and make all decisions relating thereto;

(d) Develop standard operating procedures, protocols and forms necessary to administer

this law;

(e) Enforce this law through appropriate means, including, but not limited to, ensuring

that producers licensed through the Nation are operating in compliance with the Farm Bill.

508.6. Licensing Requirements

508.6-1. License Required. Any person engaging in or intending to engage in hemp production

within the jurisdiction of the Nation shall only do so pursuant to a valid license issued by the

Division in accordance with this law.

(a) Valid License. For purposes of this law, a valid license means the license is unexpired,

unsuspended and unrevoked.

(1) A license may not be transferred or assigned absent prior approval from the

Division, which, at a minimum, shall be contingent upon:

(A) The license not being subject to a pending revocation or suspension

5 O.C. 508 – Page 5

35 of 136

Draft 2 for OBC Consideration

2020 12 02

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

under section 508.11 of this law; and

(B) The transferee or assignee undergoing and being approved for licensure

pursuant to the application process set forth in section 508.6-2 of this law.

(b) License Period. All licenses shall be valid for a period of three (3) years from the date

of issuance unless otherwise revoked at an earlier date pursuant to this law or any other

applicable law of the Nation.

508.6-2. Application Process. Any person under the jurisdiction of the Nation who wishes to

engage in the production of hemp shall apply to the Division for licensure in accordance with this

section.

(a) Applicants must submit a complete application to the Division pursuant to the process

set forth in the standard operating procedure adopted by the Division before the application

will be accepted or considered. The application process shall require, at a minimum, that

the applicant provide/submit the following:

(1) The applicant’s full name, address of residency, telephone number and, if

available, email address;

(A) If the applicant represents a business or other entity where the business/

entity will be the producer, the applicant shall be required to provide the

business/entity’s:

(i) Full business/entity name;

(ii) Principal business/entity location address;

(iii) Key participants’ full name and title;

(iv) EIN number or, if no EIN number, Social Security Number; and

(v) Email address, if available.

(2) The street address (if possible), legal description and geospatial location for

each field, greenhouse, building or site where hemp will be cultivated, handled,

processed or stored;

(3) Proof of ownership of the land and/or property where hemp will be produced;

or proof of permission from the land/property owner to utilize the land and/or

property where hemp will be produced for hemp production;

(4) A description of the intended output (e.g. raw hemp or some other hemp

product), method of cultivation (e.g. organic, natural or genetically modified) and

any pesticides, herbicides or other potentially hazardous materials the applicant

intends to use;

(5) An acknowledgment that by signing the application, the applicant is agreeing

to abide by all rules and regulations governing the Nation’s plan and is further

certifying that the information provided in and submitted with the application is

accurate and truthful;

(6) A Criminal History Report that was completed no greater than sixty (60) days

before the application submission date;

(A) For businesses/entities, a Criminal History Report shall be completed

for each of the key participants.

(7) The licensing fee set pursuant to the fee schedule created by the Division and

approved by the Oneida Business Committee through resolution; and

5 O.C. 508 – Page 6

36 of 136

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

Draft 2 for OBC Consideration

2020 12 02

(8) Any further information, disclosure or consent required under the Division’s

governing standard operating procedure.

(b) Applications for renewal, transfer and assignment shall be subject to the same terms

and approved under the same criteria as initial applications unless there has been an

intervening change as defined in the Division’s governing standard operating procedure.

(1) The initial fee for license transfers and assignments shall be prorated for that

term as set forth in the licensing fee schedule created by the Division and approved

by the Oneida Business Committee through resolution.

Division’s governing standard operating procedure if there is any change to the information

submitted in the initial or renewal application including, but not limited to, the sale of a

business/entity, the production of hemp in a new location, or a change in any key

participants who are producing under the license.

(1) Applicants shall notify the Division immediately shall there be any change in

the information provided during the application process.

(d) The application and all materials submitted during the application process, whether

pursuant to a request for an initial, renewed, transferred/assigned or modified license, shall

become the property of the Nation and shall be maintained by the Division for a minimum

of seven (7) years.

508.6-3. License Eligibility.

(a) Applicants who materially falsify any information provided in or along with their

application shall be deemed ineligible for licensure.

(b) Applicants with a state or felony conviction relating to a controlled substance shall be

deemed ineligible to receive a license for a period of ten (10) years from the date of their

conviction.

(1) Exception. Persons lawfully growing hemp under the 2014 Farm Bill before

December 20, 2018 and whose conviction also occurred before that date shall not

be considered ineligible hereunder.

508.6-4. License Issuance. Applications for licensure and license renewal, transfer/assignment or

modification shall be reviewed by the Division for completeness and to determine an applicant’s

eligibility.

(a) The Division shall set the process for issuing licenses hereunder in a standard operating

procedure that includes, at a minimum:

(1) That the applicant be notified of his or her eligibility within thirty (30) days

following the Division’s receipt of a complete application;

(2) That denial of an application for licensure, license renewal, license transfer/

assignment or license modification be provided to the applicant in writing and

include the basis for denial, as well as information on how to appeal the Division’s

decision;

(3) That each applicant deemed eligible for licensure shall be assigned a license

identification number; and

(4) That for each license it issues, the Division, in cooperation with the Area of

Land Management, shall record the type of land designation for each parcel of land

5 O.C. 508 – Page 7

37 of 136

297

298

299

300

301

302

303

304

305

306

307

308

309

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

Draft 2 for OBC Consideration

2020 12 02

listed in the licensee’s application as an intended hemp production site and maintain

such information within the Division’s files for a minimum of seven (7) years.

508.7. Required Recordkeeping and Reporting

508.7-1. Division Reporting.

(a) Hemp Grower Report. By the first of each month, the Division shall submit to the

USDA a report providing the contact information and the status of the license issued for

each producer under the Nation’s plan. The report shall contain:

(1) For each new producer who is a natural person, the producer’s:

(A) Full name;

(B) License identification number;

(D) Telephone number;

(E) Email address (if available); and

(F) A legal description of the land on which the producer is producing or

intends to produce, including, to the extent practicable, its geospatial

location.

(2) For each new producer that is a business/entity, the business/entity’s:

(A) Full business/entity name;

(B) License identification number;

(D) Full name, title and email address (if available) of each key participant;

(E) A legal description of the land on which the producer is producing or

intends to produce, including, to the extent practicable, its geospatial

location.

(3) For each producer that was included in a previous report and whose reported

information has changes, the report shall include the previously reported

information and the new information.

(b) Hemp Disposal Report. By the first of each month, the Division shall submit a report

to the USDA of any occurrence of non-conforming plants or plant materials and provide a

disposal record for those plants and plant materials that contains:

(1) The producer’s name and address of residency;

(2) The producer’s license identification number;

(3) Location information, such as lot number, location type and geospatial location

or other location descriptor for the production area subject to disposal;

(4) Information on the agent handling the disposal; and

(5) The total acreage.

report to the USDA that contains the following information:

(1) Total planted acreage;

(2) Total harvested acreage; and

(3) Total disposed of acreage.

5 O.C. 508 – Page 8

38 of 136

Draft 2 for OBC Consideration

2020 12 02

340

341

342

343

344

345

346

347

348

349

350

351

352

353

354

355

356

357

358

359

360

361

362

363

364

365

366

367

368

369

370

371

372

373

374

375

376

377

378

379

380

381

382

508.7-2. Producer Reporting.

(a) Planting and Harvesting. The Division shall create a standard operating procedure

which sets forth a process for producers to report planting, pre-harvest and post-harvest

information to the Division that will allow for the Division to carry out its reporting duties

under section 508.7-1 of this law in a timely manner.

(b) Test Results. Producers shall share any test results obtained under section 508.8 of this

law with the Division and, as required, to the USDA pursuant to the process set forth in the

Division’s standard operating procedure for producer reporting.

acreage to the FSA using form FSA-578 or any alternative form approved by the FSA for

purposes hereof.

(1) The report shall include, at a minimum:

(A) The producer’s contact information and license number;

(B) The crop acreage; and

(i) The specific location where hemp is being produced must be

identified, to the extent practicable, by the geospatial location for

each lot, greenhouse, building or site where hemp will be produced.

(2) Producers are responsible for filling out and filing the FSA-578 or alternative

form consistent with the process set by the FSA.

(3) Producers shall be responsible for forwarding a copy of the FSA-578 or

alternative form to the Division at the same time they file it with the FSA.

(d) Convictions. Within five (5) business days of conviction, the producer must notify the

Division of any felony convictions that would subject the producer to immediate revocation

under section 508.11-4 of this law.

508.7-3. Recordkeeping.

(a) The Division shall retain for a minimum of (7) years all information required to be

collected in section 508.6 of this law for every license it issues, renews, transfers/assigns

and modifies in accordance with the Nation’s plan.

(b) The Division and producers shall retain all documentation referenced within sections

508.7 and 508.8 of the law for a period of at least seven (7) years.

(1) Producers shall retain the documentation in a manner that it can be readily

provided to the Division upon request.

508.8. Sampling and Testing

508.8-1. General. Samples of all hemp produced under the Nation’s plan must be collected and

tested in accordance with this section of the law to determine whether it exceeds the acceptable

hemp THC level.

(a) Subject to section 508.8-1(a)(1), the Division shall be responsible for the collection

and testing of samples of all hemp produced under the Nation’s plan.

(1) The Division may, in its discretion, appoint an outside agent or agency, other

than a producer, to carry out the collection and testing of samples hereunder.

(b) Producers shall be responsible to pay any fees associated with the sampling and testing

5 O.C. 508 – Page 9

39 of 136

Draft 2 for OBC Consideration

2020 12 02

383

384

385

386

387

388

389

390

391

392

393

394

395

396

397

398

399

400

401

402

403

404

405

406

407

408

409

410

411

412

413

414

415

416

417

418

419

420

421

422

423

424

425

of their hemp production.

forth herein if approved by the USDA as being comparable and similarly reliable to the

baseline mandated by the Farm Bill.

508.8-2. Sampling. The method used for sampling must:

(a) Require that the sample is taken from the flower material of the cannabis plant;

(b) Be sufficient at a confidence level of 95% that no more than 1% of the plants in the lot

would exceed the acceptable hemp THC level;

composition of the lot; and

(d) Ensure that samples of hemp plant material from one lot are not commingled with

hemp plant material from other lots.

508.8-3. Protocol for the Collection of Samples. The hemp to be selected for sampling shall be

determined by a representative of the Division or the agent/agency appointed by the Division and,

subject to section 508.8-1(c), shall be collected as follows:

(a) Producers shall be required to report in writing to the Division at least fifteen (15)

days before an expected harvest date that a crop is about to be harvested.

(1) The Division’s receipt of a harvest notification triggers a site inspection and

sample collection by the Division, or the agent/agency appointed by the Division.

(2) Producers shall not harvest any crop prior to samples being collected.

(b) The Division shall contact the producer to confirm the field’s location and schedule a

time for inspection and sample collection prior to harvest.

(1) During a scheduled sample collection, the producer or authorized representative

of the producer shall be present at the growing site.

(2) The Division, or agent/agency appointed by the Division, shall be provided

with complete and unrestricted access to all hemp, and other cannabis plants, if any,

whether growing or harvested, and all land, buildings, and other structures used for

the production of hemp and other cannabis plants, if any, and all locations listed in

the producer’s application.

(d) Cuttings shall be collected to make one representative sample as follows:

(1) The top twenty (20) cm of the hemp plant’s flower, including female floral

material, shall be clipped;

(2) Cuttings from at least five (5) hemp plants within the lot shall be taken and the

complete sample shall be placed in a paper bag;

(3) The bag shall be sealed by folding over the top once and stapling shut;

(4) The bag shall be labeled with a sample identification that includes, at a

minimum, the last four (4) numerical digits of the producer’s license identification

number, the date (MM/DD/YY) of collection, and a two (2) digit sequential sample

number assigned by the Division, or agent/agency appointed by the Division.

(e) The sample shall be transported to the Division for storage in a secure area until it is

sent to the testing lab for analysis.

(f) Producers shall be required to harvest their crop not more than fifteen (15) days

5 O.C. 508 – Page 10

40 of 136

Draft 2 for OBC Consideration

2020 12 02

426

427

428

429

430

431

432

433

434

435

436

437

438

439

440

441

442

443

444

445

446

447

448

449

450

451

452

453

454

455

456

457

458

459

460

461

462

463

464

465

466

467

468

following the date of the sample collection.

(1) If the producer fails to complete the harvest within fifteen (15) days of the

sample collection, a secondary sample of the lot shall be required to be submitted

for testing.

(2) Harvested lots of hemp plants shall not be commingled with other harvested

lots or other material without prior written permission from the Division.

(3) Floral materials harvested for phytocannabinoid extraction shall not be moved

beyond the processor, or commingled, or extracted, until the Division releases the

material.

(4) Producers shall be notified within thirty (30) days of sampling of the status of

the testing.

(A) Any producer may request additional testing at its cost if it is believed

that the original delta-9 THC concentration level test results were in error.

508.8-4. Testing. Subject to section 508.8-1(c), sample testing shall be completed by one of the

DEA-registered laboratories designated by the Division for meeting the requirements of the

Nation’s plan and the Farm Bill.

(a) Laboratories designated by the Division hereunder shall be approved by the Oneida

Business Committee through resolution.

508.8-5. Testing Protocol.

(a) Methodology. The testing process shall be able to accurately identify whether a sample

contains a delta-9 THC content concentration level that exceeds the acceptable hemp THC

level by including, at a minimum, a validated testing methodology that uses:

(1) Postdecarboxylation or other similarly reliable method;

(2) Considers the potential conversion of THC-A in hemp into THC; and

(3) A test result that measures total available THC derived from the sum of the

THC and THC-A content.

(A) Testing methodologies meeting the requirements of this section include

gas or liquid chromatography with detection.

(b) The total THC concentration level shall be determined and reported on a dry weight

basis.

(1) Analytical testing for purposes of detecting the concentration levels of THC

shall meet the following standards:

(A) Laboratory quality assurance must ensure the validity and reliability of

test results;

(B) Analytical method selection, validation, and verification must ensure

that the testing method used is appropriate (fit for purpose), and that the

laboratory can successfully perform the testing;

and analytical performance;

(D) Method performance specifications must ensure analytical tests are

sufficiently sensitive for the purposes of the detectability requirements of

the Nation’s plan; and

(E) An effective disposal procedure for hemp plants that are produced that

5 O.C. 508 – Page 11

41 of 136

469

470

471

472

473

474

475

476

477

478

479

480

481

482

483

484

485

486

487

488

489

490

491

492

493

494

495

496

497

498

499

500

501

502

503

504

505

506

507

508

509

510

511

Draft 2 for OBC Consideration

2020 12 02

do not meet the requirements of the Nation’s plan.

level shall be conclusive evidence that the lot represented by the sample is not in

compliance with the Nation’s plan.

(1) Lots that do not test at or below the acceptable hemp THC level may not be

further handled, processed, or enter the stream of commerce.

(2) The Division shall ensure the lot is disposed of in accordance with the Nation’s

plan, the Controlled Substances Act and the DEA regulations.

(3) The Division shall notify the USDA of its intent to dispose of non-conforming

plants and verify disposal by submitting required documentation.

(d) Measurement of uncertainty must be estimated and reported with test results.

(1) Laboratories shall use appropriate, validated methods and procedures for all

testing activities and evaluate measurement of uncertainty.

508.9. Disposal of Noncompliant Plants

508.9-1. If the test results conclude that the THC levels exceed the acceptable hemp THC level,

the lot represented by the sample shall be destroyed in accordance with this section.

(a) In the event test results exceed the acceptable hemp THC level, that harvest must be

segregated from other harvested lots and remain segregated.

(1) Leaf and floral material from the harvest of that lot must then be destroyed.

(b) If a variety is designated as a prohibited variety, the Division shall require the producer

to surrender without compensation the entire harvest and any unharvested crop, any live

plants, and all germplasm of this variety to the Division for destruction by composting or

burning.

508.9-2. Destruction

(a) Subject to section 508.9-2(a)(1), the Division shall be responsible to facilitate the

disposal of all hemp that exceeds the acceptable hemp THC level in accordance with the

Controlled Substances Act and DEA regulations.

(1) The destruction of hemp that exceeds the acceptable hemp THC level shall be

carried out by a reverse distributer, a USDA approved law enforcement officer or

other agent/agency so long as authorized under the Farm Bill and/or any regulation

promulgated in accordance therewith.

(b) So long as in compliance with the Controlled Substances Act and DEA regulations,

hemp may be destroyed by burning or by composting where it is made unusable and

rendered indistinguishable from any other plant material.

occurrence of cannabis plants or plant material that do not meet the definition of hemp in

the Nation’s plan and attach the records demonstrating the appropriate disposal of all those

plants and materials in the lot from which the representative samples were taken.

(1) The notification shall include the test results from the representative samples.

508.10. Compliance

508.10-1. Inspections. The Division shall conduct scheduled inspections of all producers and

5 O.C. 508 – Page 12

42 of 136

512

513

514

515

516

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

Draft 2 for OBC Consideration

2020 12 02

production sites at least once per growing season to verify that hemp is not being produced in

violation of this law.

(a) In addition to scheduled inspections, the Division shall have authority to conduct

random inspections of all producers and production sites at any time.

(b) Whether a scheduled or random inspection, the Division shall be granted unrestricted

access to the production sites.

508.10-2. Producers must maintain copies of all records and reports necessary to demonstrate

compliance with the Nation’s plan for a minimum of seven (7) years.

508.11. Enforcement

508.11-1. General. Violations with this law shall be subject to enforcement solely in accordance

with this section.

508.11-2. Negligent Violations. A producer that negligently violates the Nation’s plan and/or this

law shall not, as a result of that violation, be subject to any criminal enforcement action by the

Tribal, federal, state or local government.

(a) Negligent violations shall include, but not be limited to:

(1) A failure to provide a legal description of land on which the producer produces

hemp;

(2) A failure to obtain a license from the Division to produce hemp;

(3) The production of cannabis with a delta-9 tetrahydrocannabinol concentration

exceeding the acceptable hemp THC level.

(A) Cannabis produced with a delta-9 tetrahydrocannabinol concentration

of not more than 0.5 percent on a dry weight basis shall not be considered a

negligent violation if the producer made reasonable efforts to grow hemp.

(i) The cannabis plants and plant materials from such representative

samples must still be disposed of in accordance with section 508.9

of this law.

(b) If the Division finds that a negligent violation occurred, it shall establish a corrective

action plan that includes, at a minimum:

(1) A plan to correct the violation;

(2) A reasonable date by which producers shall correct the negligent violation; and

(A) The Division shall be responsible to monitor producers under corrective

action plans for implementation and adherence thereto.

(3) A requirement that producers periodically report to the Division on their

compliance with the Nation’s plan for a period of not less than the next two (2)

years from the date of the negligent violation.

year period shall be ineligible to produce hemp for a period of at least five (5) years from

the date of the third violation.

508.11-3. Violations Made with a Culpable Mental State Greater Than Negligence.

(a) If it determines that a producer violation was committed with a culpable mental state

greater than negligence, the Division shall immediately report the producer to the U.S.

Attorney General, USDA and the Nation’s chief law enforcement officer or chief law

5 O.C. 508 – Page 13

43 of 136

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

570

571

572

573

574

575

576

577

578

579

580

581

582

583

584

585

586

587

588

589

590

591

Draft 2 for OBC Consideration

2020 12 02

enforcement officer of the state charged with receiving such information.

508.11-4. Enforcement.

(a) Suspensions.

(1) The Division may suspend a license if it determines that the producer has:

(A) Engaged in conduct considered a violation of this law; or

(B) Failed to comply with a corrective plan or other written order of the

Division relating to a negligent violation of this law.

(2) Producers whose licenses have been suspended shall be prohibited from:

(A) Absent written permission from the Division, handling or removing

hemp or cannabis from the location where hemp or other cannabis was

located at the time when the Division issued its notice of suspension; and

(B) Producing hemp during the period of suspension.

(3) A suspended license may be restored after a minimum waiting period of one

(1) year.

(A) Producers whose license have been suspended may be required to

comply with a corrective action plan before having their licenses restored.

(b) Immediate Revocation. The Division shall immediately revoke a license if it finds that

the producer:

(1) Plead guilty to, or is convicted of, any felony related to a controlled substance

or a violent/sex crime;

(2) Made materially false statements during the application process or to Division

representatives while in the process of monitoring or enforcing this law with a

culpable mental state greater than negligence;

(3) Was found to be growing cannabis exceeding the acceptable hemp THC level

with a culpable mental state greater than negligence; or

(4) Was found to have negligently violated this law three (3) times in a five (5)

year period.

508.12. Appeals

508.12-1. Any person aggrieved by an action of the Division may appeal to the Judiciary in

accordance with governing laws of the Nation.

End.

Adopted - BC-__-__-__-__

5 O.C. 508 – Page 14

44 of 136

FINANCE ADMINISTRATION

Fiscal Impact Statement

MEMORANDUM

TO:

Lawrence Barton, Chief Financial Officer

FROM:

RaLinda Ninham-Lamberies, Assistant Chief Financial Officer

DATE:

October 22, 2020

RE:

Fiscal Impact of the Industrial Hemp Law

Estimated Fiscal Impact Summary

Law: Industrial Hemp Law

Draft 2

Implementing Agency

Environmental Health, Safety, and Land Division, the Oneida

Police Department, and the Nation’s Judiciary

Estimated time to comply

Estimated Impact

Total Estimated Fiscal Impact

10 days, in compliance with the Legislative Procedures Act

Current Fiscal Year

10 Year Estimate

$86,500

$1,885,787

II.

Background

A. Legislative History

This is a new law authorizing hemp production within the boundaries of the

Reservation and to grant the Oneida nation primary regulatory authority over hemp

production.

B. Summary of Content

The purpose of the law is to:

x Authorize the production of hemp within the Reservation of the Oneida

Nation;

x Grant the Oneida Nation primary regulatory authority over the production of

hemp within the jurisdiction of the Nation;

45 of 136

III.

Assert the Nation’s inherent sovereign authority by creating a hemp

production plan that regulates hemp as an agricultural commodity consistent

with the Nation’s as well as the federal law;

Promote the Nation’s hemp industry to the maximum extent permitted by law.

Methodology and Assumptions

A “Fiscal Impact Statement” means an estimate of the total identifiable fiscal year

financial effects associated with legislation and includes startup costs, personnel, office,

documentation costs, as well as an estimate of the amount of time necessary for an

agency to comply with the Law after implementation.

Finance does NOT identify the source of funding for the estimated cost or allocate any

funds to the legislation.

The analysis was completed based on the information provided as of the date of this

memo.

IV.

Agency

There are no startup, personnel, office or documentation costs associated with this

legislation for the Nation’s Judiciary or the Oneida Police Department. There has been no

response from the Environmental, Health, Safety, and Land Division. The amendments

will become effective 10 days from adoption.

Financial Impact

The financial impact of the amendments is in excess of $86,500. There are inherent risks

in the agriculture industry that have a direct impact on the potential fiscal impact of an

agriculture initiative. The most common risk comes from weather, climate, disease,

market, and environmental shock. The inability to mitigate the numerous risks within the

agriculture industry and the lack of production facilities within close proximity to the

Nation and an unknown end product will have a direct impact on the future success of the

commodity. The commodity market brings with it additional risks of volatility, margin,

and market risk. The Environmental, Health, Safety and Land Division estimates the

annual cost for personnel in the first year to be $85,500 and documentation costs to be an

additional $1,000. However, due to the fact this is a start-up operation, this amount is

subject to wide variability and is completely dependent upon unknown variables.

A good mind. A good heart. A strong fire.

ONEIDA

46 of 136

The Environmental Health, Safety, and Land Division identifies one full-time equivalent

employee is necessary in the first year and an additional full-time equivalent will be

necessary to complete sections 508.6, 508.7, 508.8, 508.9, and 508.10.

Inclusion of one (1) additional full-time equivalent in years two through ten (10) as

indicated by the Environmental Health, Safety, and Land Division, the estimated ten (10)

year fiscal impact for the Hemp Law is approximately $1,885,787. However, due to the

fact this is a start-up operation, this amount is subject to wide variability and is

completely dependent upon unknown variables.

VI.

Recommendation

Finance Department does not make a recommendation regarding course of action in this

matter. Rather, it is the purpose of this report to disclose potential financial impact of this

legislation, so that the Oneida Business Committee and General Tribal Council has the

information with which to render a decision.

A good mind. A good heart. A strong fire.

ONEIDA

47 of 136

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # _____________

Proclamation of Appreciation

WHEREAS,

the Oneida Nation is a federally recognized Indian government and a treaty tribe

recognized by the laws of the United States of America; and

WHEREAS,

the Oneida General Tribal Council is the governing body of the Oneida Nation; and

WHEREAS,

the Oneida Business Committee has been delegated the authority of Article IV, Section 1,

of the Oneida Tribal Constitution by the Oneida General Tribal Council; and

WHEREAS,

the late Charles Frederick Whitney Wheelock “Chaz”, Tsyata’ti (Along the Riverbank),

Turtle Clan of the Oneida Nation, transformed the conversation on tribal sovereignty, our

relationship to the environment, strategic planning for the next seven generations, and the

acceptance of Industrial Hemp in our community; and

WHEREAS,

as one of the founders of the Indigenous Environmental Network (“IEN”), a network of

Indigenous, grassroots activists dedicated to addressing environmental and economic

justice issues internationally, Chaz infused the mission of IEN into his professional life; and

WHEREAS,

over the last five (5) years, Chaz focused on the education of Industrial Hemp and the

development of regenerative economies, which ranged from Chaz standing on his van in

the middle of downtown Oneida, while dressed as SpongeBob SquarePants, holding a sign

that simply said “Legalize Hemp”, to his thoughtful leadership in directing hemp focused

non-profits to educate the Oneida community on the benefits of the plant; and

WHEREAS,

more recently, Chaz, along with Oneida Community Integrated Food Systems, was

responsible for a hemp booth being set up at the Oneida Farmers Market and, as one of

his final projects for the Oneida community, Chaz created a just transition model based on

agriculture research and food security; and

WHEREAS,

the Oneida community did not only benefit from Chaz’s wisdom and strategic planning to

elevate the conversation on Industrial Hemp; Chaz’s network and guidance contributed to

the State of Wisconsin, as well as the United States of America, legalizing hemp; and

WHEREAS,

Chaz was an influential Elder who inspired the next seven generations of Indigenous

thinkers and activists; and

WHEREAS,

the Oneida Business Committee does wish to recognize Chaz’s contribution to the

development of the Nation’s first Industrial Hemp law, as well as his remarkable dedication

to the promotion and advancement of the Industrial Hemp industry within the Oneida Nation

and throughout the United States of America.

48 of 136

BC Resolution # ____________

Proclamation of Appreciation

Page 2 of 2

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee does hereby express its

sincere appreciation to the late Charles Frederick Whitney “Chaz” Wheelock on behalf of the Oneida Nation

for offering his expertise during the development of the Nation’s first Industrial Hemp law, as well as his

dedication, time, knowledge, passion and diligence in advocating and advancing the Industrial Hemp

industry in general.

49 of 136

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Legislative Operating Committee

December 2, 2020

Community Support Fund Law

Amendments

Submission Date: 10/7/20

LOC Sponsor: David P. Jordan

Public Meeting: N/A

Emergency Enacted: N/A

Summary: On September 2, 20210, the Governmental Services Division Director, on behalf of Economic

Support, submitted a request for amendments to be made to the Community Support Fund law to take the

requirement for income verification out of the Law, since none of the Community Support Fund Law Rules

review income as a basis for program eligibility. The request also identified various potential amendments to

the Community Support Fund Law Rule Handbook.

10/7/20 LOC: Motion by Jennifer Webster to add the Community Support Fund Law Amendments to the

Active Files List with David Jordan as the sponsor; seconded by Daniel Guzman King. Motion

carried unanimously.

10/15/20:

Work Meeting. Present: Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret Kruse.

This was a work meeting held through Microsoft Teams. The purpose of this work meeting

was to read through the Community Support Fund law line by line and discuss any potential

amendments that should be made to the law. The Administrative Rulemaking process was also

discussed since the Economic Support Department will also be seeking amendments to the

Community Support Fund Law Rule Handbook.

10/21/20:

Work Meeting. Present: David P. Jordan, Kirby Metoxen, Daniel Guzman King, Marie

Summers, Clorissa N. Santiago, Kristen Hooker, Rhiannon Metoxen, Kristal Hill. This was a

work meeting held through Microsoft Teams. The purpose of this work meeting was to review

the draft of suggested amendments by the Economic Support Department.

10/29/20:

Work Meeting. Present: Present: David P. Jordan, Kirby Metoxen, Jennifer Webster, Daniel

Guzman King, Marie Summers, Clorissa N. Santiago, Delia Smith, Andrea Frayre, Margaret

Kruse, Kristen Hooker, Rhiannon Metoxen, Kristal Hill, James Petitjean. This was a work

meeting held through Microsoft Teams. The purpose of this work meeting was to review with

Economic Support issues that the LOC determined during the October 21, 2020, work meeting

that they wanted more information and clarity on.

Next Steps:

 Approve Community Support Fund Law Amendments draft and legislative analysis.

Page 1 of 1

50 of 136

Draft 1 (Redline to Current)

2020 12 02

Title 1. Government and Finances – Chapter 125

COMMUNITY SUPPORT FUND

Kaya>takenh@sla tsi> niyukwana=t@y<

It is helpful where our community lays

COMMUNITY SUPPORT FUND

125.1. Purpose and Policy

125.2. Adoption, Amendment, Repeal

125.3. Definitions

125.4. Responsibilities, Eligibility and Qualifications

125.5. Priorities for Consideration

125.6. Items Covered by the Fund

125.7. Items not Covered by the Fund

125.8. Application Requirements

125.9. Appeal

125.1.

Purpose and Policy

125.1-1. Purpose. The purpose of this law is to assist the greatest number of members of the

Oneida Nation who apply for assistance to the Fund in times of a catastrophic event, catastrophic

illness, or injury, or emergency event when no other resources for assistance exist.

125.1-2. Policy. It is the policy of the Oneida Nation to assist their people in a time of need after

a catastrophic event, catastrophic illness, or injury, or emergency event, when there is no other

assistance available or all other assistance has been exhausted.

125.2.

Adoption, Amendment, Repeal

125.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-96A and amended by resolutions BC-01-08-97-G, BC-12-11-13-D and, BC-01-11-17-B. and BC-____-__-__.

125.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

Oneida General Tribal Council pursuant to the procedures set out in the Legislative Procedures

Act.

125.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

125.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

125.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

125.3.

Definitions

125.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Applicant” means the subject of the application for assistance.

(b) “Business daysday” means Monday through Friday from 8:00 a.m. to 4:30 p.m.,

excluding Nation holidays. of the Nation.

administering Fund benefits.

(d) “Catastrophic event” means a natural or man-made incident, which results in

substantial damage or loss requiring major financial resources to repair or recover (i.e. ,

including, but not limited to, a house fire, tornado, flood, or other disaster)..

(e) “Catastrophic illness or injury” means a serious debilitating illness, injury, impairment,

or physical or mental condition that involves:

(1) In-patient care;

(2) A period of continuing treatment due to a chronic serious health condition (such

1 O.C. 125 – Page 1

51 of 136

Draft 1 (Redline to Current)

2020 12 02

asincluding, but not limited to, chemotherapy/, radiation, dialysis, daily/ or weekly

therapy resulting from trauma, etc.);.

(3) A period of illness or injury that is long-term due to a condition for which

treatment may be ineffective (including, but not limited to, stroke, or terminal

disease, etc.);; or

(4) Multiple treatments either for restorative surgery after an accident or other

injury, or for a chronic condition. (i.e. including, but not limited to cancer or kidney

disease)..

(f) “Emergency event” means a situation that poses an immediate risk to health, life,

safety, property, or environment. Emergencies require urgent intervention to prevent

further illness, injury, death, or other worsening of the situation.

(g) “Emergency medical travel” means an unexpected serious health situation or

occurrence, requiring the immediate presence of immediate family. (i.e., including, but not

limited to, end of life situation, or life support, etc.) .

(h) “Fund” means the Community Support Fund.

(i) “Fund Operator” means the Economic Support Services Department, or other area

within the Governmental Services Division designated authority over the operation of the

Fund.

(j) “Immediate family” means that group of persons who make up a family unit normally

defined as an applicant’s husband, wife, children, sister, mother, father, son, daughter,

brother, in-laws, step family, grandparentssister, grandparent, grandchild, aunt, uncle,

niece, nephew, cousin, and grandchildren, and/or a person any of these relations attained

through marriage or legal adoption, as well as a person who has legal responsibility for the

applicant, or a person the applicant has legal responsibility of.

(jk) “Legal guardian” means a person who has the legal authority to care for the personal

and property interests of another person granted through Court order.

(kl) “Legal responsibility” means specific duties imposed upon a person to care or provide

for another including liability for personal obligations as granted through a Power of

Attorney or Court order.

(l) m) “Major medical surgery” means a surgical procedure that carries a degree of risk to

the patient’s life, or the potential for severe disability if something goes wrong during

surgery. It is a surgical procedure that usually requires a patient to be put under general

anesthesia and given respiratory assistance because he or she cannot breathe independently.

(mn) “Nation” means the Oneida Nation.

(n(o) “Public health emergency” means the occurrence or imminent threat of an illness or

health condition which:

(1) is a quarantinable disease, or is believed to be caused by bioterrorism or a

biological agent; and

(2) poses a high probability of any of the following:

(A) a large number of deaths or serious or long-term disability among

humans; or

(B) widespread exposure to a biological, chemical, or radiological agent

that creates a significant risk of substantial future harm to a large number

of people.

(p) “Rule” means a set of requirements enacted in accordance with the Administrative

Rulemaking law.

1 O.C. 125 – Page 2

52 of 136

Draft 1 (Redline to Current)

2020 12 02

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

(o) “Tribal” means the Oneida Nation.

(q) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, which is the

judicial system that was established by Oneida General Tribal Council resolution GTC-0107-13-B, and then later authorized to administer the judicial authorities and responsibilities

of the Nation by Oneida General Tribal Council resolution GTC-03-19-17-A.

125.4.

Responsibilities, Eligibility and Qualifications

125.4-1. The Social Services Area of the Governmental Services Division shall be responsible

for operationResponsibilities of the Fund, but may designate Operator. The Fund Operator shall

have the following responsibilities in regard to the operation of the Fund to :

(a department within its control.

(a)) Administrative Rulemaking. The operators of the Fund Operator shall promulgate

rules, for the administration of the Fund that are consistent with this law. The rules:which:

(1) shall include the list of categories the Fund covers and a cap that sets the

amount of assistance per event/ per household, except for funeral expenses which

shall be set per event/per person.; and

(2) may include additional items not listed in section 125.6, as long as the rule does

not conflict with any provision of this law.

(b)

(b) Communication and Education. The Fund Operator shall ensure that the

Nation’s membership is informed of what assistance is available through the Fund, how to

apply for assistance, and who is eligible for assistance.

125.4-2. Reporting Requirements. The Governmental Services Division Director shall report

quarterly to the Oneida Business Committee. The report shall include, but is not limited to, the

amount of funds paid out under each category of the Fund.

informed of what assistance is available through the Fund, how to apply for assistance, and

who is eligible for assistance.

125.4-23. Eligibility for assistance provided under the Fund is reserved for enrolled members of

the Nation. Applications may be made by a non-member on the behalf of an enrolled member of

the Nation, provided the requested funds will benefit the member only and the non-member has

one (1) of the following relationships to the applicant:

(a) Is a parent of the applicant;

(b) Is the legal guardian of the applicant; or

125.4-34. Residency within the state of Wisconsin is not a prerequisite for assistance, except for

requests for a security deposit in accordance with section 125.6-2 from the Fund.

125.4-45. The Fund is a fund of last resort and provides assistance when there is no other financial

assistance available or all other assistance has been exhausted. Applicants shall first seek out other

resources that can meet the needs of their request. Proof of requesting assistance from other

sources shall be provided with the application.

125.4-56. The following types of catastrophic events, and catastrophic illnesses or injuries qualify

an applicant for assistance:

(a) Terminally ill;

(b) Physically challenged or incapacitated;

1 O.C. 125 – Page 3

53 of 136

Draft 1 (Redline to Current)

2020 12 02

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

(d) Life threatening (i.e., including, but not limited to, cancer, AIDS, stroke, disabling

injuries due to motor vehicle accident, etc.);;

(e)

Natural disaster (i.e., including, but not limited to, tornado, fire, flood, etc.);;

(f) Public health emergency; and

(fg)Death in immediate family as identified in section 125.6-1(n)..

125.4-67. Assistance may be denied or limited for applicants who have elected not to be covered

by employer benefits such as disability or health insurance.

125.4-78. Except as otherwise provided in section 125.6-4, all payments shall be provided directly

to the service provider.

125.4-89. Assistance available under the Fund is subject to change according to fiscal year funding

levels.

125.4-910.

Oneida programs and enterprises are not eligible for these funds.

125.5.

Priorities for Consideration

125.5-1. The case manager shall determine the level of assistance to be provided based on:

(a) Severity of the catastrophic event, catastrophic illness, or injury, or emergency event;

(b) Cost (, usual and customary fees);;

emergency event occurred; and

(d) The Fund’s appropriate promulgated rules.

125.5-2. The case manager shall assess each individual case, prioritize, and assist with immediate

needs. Priorities are as follows:

(a) Life-threatening emergency requests;

(b) Emergency medical travel; and

125.6.

Items Covered by the Fund

125.6-1. Requests for assistance from the Fund shall be tied to or be a result of a catastrophic

event, catastrophic illness, or injury, or emergency event. Upon verification of a catastrophic

event, catastrophic illness, or injury, or emergency event, the Fund may be used for the following:

(a) COBRA Insurance Payments;

(b) Prescriptions not available through an Indian Health Services clinic;

(d) Medical-related equipment, supplies, or furniture;

(e) Medical bills (including dental, optical, hospital), not covered by insurance;

(f) Mortgage payments and rent payments (including security deposits),, where no other

resources exist in accordance with section 125.6-2;

(g) Utility disconnections in accordance with section 125.6-3;

(h) Inpatient Treatment (, with a limit of once per lifetime);;

(i) Fire recovery/ and natural disaster assistance;

(j) Home renovations required for handicap accessibility;

(k) Family Medical Leave Act wage replacement;

(l) Waiting period for a Social Security Disability Determination rent and utility assistance

up to a maximum of twelve (12) months;

(m) Appliance repair for essential appliances as defined in the rules which the Fund

operator shall develop; and/or

1 O.C. 125 – Page 4

54 of 136

Draft 1 (Redline to Current)

2020 12 02

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

(n) Travel expenses to arrange or attend a funeral for immediate family members outside

the state where an applicant resides, in accordance with section 125.6-4.

125.6-2. Security depositDeposit. The Fund shall only provide assistance for a security deposit

when it is tied to or a result of a catastrophic event, catastrophic illness or injury, or emergency

event, on an emergency basis which shall include, but is not limited to, pending eviction and

homelessness. Security deposit assistance is limited to Tribal members who are Wisconsin

residents only.

(a) The applicant shall demonstrate the ability to fulfill the terms of the rental lease. The

operators of the Fund shall not co-sign any lease.

(b) Security deposits are non-transferable and the amount paid for a security deposit shall

be paid back to the Fund before another security deposit is issued at any time in the future.

(c(b) Only one (1) request per household shall be considered; multiple consecutive

requests may be made.

125.6-3. Utilities. Assistance for the payment of utilities shall only be allowed once every two

(2) years by the person listed as responsible to pay with the utility company. An applicant shall

demonstrate that he or she applied to his or her local Energy Assistance Program before applying

for assistance from the Fund.

125.6-4. Funeral expensesTravel Expenses. An applicant may receive assistance with travel

expenses, up to a maximum amount of five hundred dollars ($500), to arrange or attend a funeral

for immediate family members outside the state where the applicant resides.. Unless the rules

allow for direct payment to the travel provider by the Fund Operator, such assistance is required

to be in the form of reimbursement, provided that mileage assistance shall always be in the form

of reimbursement.

125.7.

Items not Covered by the Fund

125.7-1. The Fund shall not be used to cover payments that are not for a catastrophic event,

catastrophic illness, or injury, or emergency event as defined above. The following is a list of items

not covered by the Fund; however, this is not an exhaustive list:

(a) Car payments;

(b) Taxes;

(d) Commercial loans;

(e) Defaults/, fines/, or bankruptcy charges;

(f) Expenses not tied to basic needs (such as cable, internet, memberships, etc.);.;

(g) Legal fees/, court costs/, judgments;

(h) Homeless lodging assistance;

(h) Lodging assistance due to homelessness, or for any other reason not related to a

catastrophic event or emergency event;

(i) Health membership fees;

(j) Food and personal care items;

(k) Stabilization rent assistance;

(l) Insurance deductibles;

(m) Home renovations not related to handicap accessibility; and

(ln) Department of Corrections re-entry assistance.

125.7-2. Benefits may be denied or limited if evidence is found regarding the applicant as to the

following:

1 O.C. 125 – Page 5

55 of 136

Draft 1 (Redline to Current)

2020 12 02

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

(a) The catastrophic event, catastrophic illness, or injury or emergency event is the result

of a violation of the law as proven by a citation or criminal conviction;

(b) The applicant or others in the household benefiting from assistance from the Fund are

non-compliant with the requirements of other Nation programs, policies or laws; and/or

non-compliant with the requirements of the Fund.

125.7-3. When a decision is made to approve, deny, or limit benefits, the case manager shall

provide an explanation of the decision in writing to the applicant with a copy placed in the

applicant’s file.

125.8.

Application Requirements

125.8-1. To be considered for assistance and before receiving assistance the applicant shall

complete the full application process. All applicants shall cooperate with the case manager to

assist the case manager in comprehensively addressing the needs of the applicant(s). Every

application shall contain a space for the applicant to identify a preferred method of contact. This

shall be the primary contact method. Case managers shall follow up every contact with written

correspondence, in order to make responses to the applicant in a timely manner so as to meet the

applicant’s needs.

125.8-2. Supporting documentation is required in all cases. The applicant is responsible to

provide all documentation requested by the case manager. No assistance may be provided without

sufficient documentation of:

(a) The catastrophic event, catastrophic illness, or injury, or emergency event;

(b) Proof that the applicant sought assistance from other agencies with an explanation of

benefits received or refusal of assistance by the other agencies;

(d) All household income the last thirty (30) business days immediately prior to the

submission of the application; and

(e(d) Status of employment which shall include the following as applicable:

(1) Leave of absence paperwork;

(2) Balance of personal and vacation time accumulation; and

(3) Disability insurance or workmen’s compensation coverage.

125.8-3. Documentation includes, but is not limited to:

(a) Medical reports;

(b) Bills or statements;

(d) Letters;

(e) Police or fire reports;

(f) Obituary or formal notice of death;

(g) Check stubs;

(h) Pictures or photographs;

(i) Applications for assistance from other agencies; and/or

(j) Approval of assistance or denial of assistance letters from other agencies.

125.8-4. Requests submitted without supporting documentation shall be kept on file for thirty

(30) business days.

(a) The case manager shall request additional information be provided when an application

contains insufficient information to make an informed decision.

1 O.C. 125 – Page 6

56 of 136

Draft 1 (Redline to Current)

2020 12 02

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.