Frank W. Kowalkowski

Frank W. Kowalkowski

State Bar No.: 1018119

Jenna E. Clevers

State Bar No.: 1065236

Davis & Kuelthau, s.c.

318 S. Washington Street

Green Bay, WI 54301

Telephone: (920) 431-2221

Fax: (920) 431-2261

UNITED STATES DEPARTMENT OF THE INTERIOR

OFFICE OF HEARINGS AND APPEALS

INTERIOR BOARD OF INDIAN APPEALS

DAVID V. DILLENBURG

AND THOMAS G. SLADEK,

Appellants,

v. NOTICE OF APPEAL

MIDWEST REGIONAL DIRECTOR, Docket No. IBIA

BUREAU OF INDIAN AFFAIRS,

Appellee.

David V. Dillenburg and Thomas G. Sladek (“Appellants”), pursuant to 43 C.F.R,

§ 4,332, hereby submits this Notice of Appeal of the Notice of Decision (“NOD”) issued on

August 19, 2014, by the Secretary of the Interior, Regional Director, Diane K. Rosen, to take

Brown County, Wisconsin Tax Parcel Nos. 6H-1687, 6H-1580, 6H-1 150-3 and 6H-1119-1 into

trust status for the Oneida Tribe of Indians of Wisconsin (“Oneida Tribe”). A copy of the NOD

is attached hereto. The Appellants are property owners within the City of Green Bay whose

interests are impacted by the placing of these parcels into trust. The Appellants addresses and

telephone numbers are:

David V. Dillenburg

1520 Woodland Drive

Hobart, WI 54313

Telephone: (920) 655-1442

Thomas G. Sladek

2634 Sequoia Lane

Green Bay, WI 54313-4933

Telephone: (920) 499-7701

I, IDENTIFICATION OF THE CASE

This appeal arises not only out of the BIA's decision relating to these parcels, but also out

of an ever escalating conflict between the Oneida Tribe and the local communities, The conflict

is the result of the Oneida Tribe's mission, as stated on its website, to reacquire 100% of its

original reservation (51% by 2020 and 75% by 2030) and its continued efforts to place the land it

does acquire into trust.

The parcels specific to this appeal are significant not only in their own right but also as

part of the Oneida Tribe’s continuous attempt to place thousands of acres of land in trust status

not only within the City of Green Bay, but all of Brown and Outagamie Counties. The

placement of such a substantial amount of land into trust will have serious detrimental, social,

economic and environmental effects on the local community.

The placement of these parcels into trust will also negatively impact the other properties

within the community by creating a checkerboard patchwork of parcels subject to competing

ordinances, zoning regulations and other laws.

As aresult of the above-referenced concerns, in November 2013, the Appellants

submitted correspondence to the BIA Midwest Regional Office objecting to the fee to trust

application for several parcels, including the parcels which are the subject matter of this Notice

of Appeal.

I. STATEMENT OF REASONS FOR APPEAL

. The BIA improperly applied 25 U.S.C. § 465 to land owned in fee simple by the

Oneida Tribe.

. The BIA improperly interpreted and applied 25 C.F.R. § 151.10(a) when it found ©

the existence of statutory authority for the acquisition.

. The BIA improperly concluded that the Oneida Tribe was under federal

jurisdiction at the time the Indian Reorganization Act was enacted in 1934, a

finding required by 25 U.S.C. § 479, the applicable regulations and the U.S.

Supreme Court ruling in Carcieri v. Salazar, 129 S.Ct. 1058 (2009). .

_ The BIA’s decision that this Tribe was eligible to place property in trust was in

error because it was arbitrary and capricious.

. The BIA erroneously assumed that a federal Indian reservation, encompassing the

Oneida Tribe’s former and entire reservation boundaries, exists for the Oneida

Tribe, and that the Tribe and its members remain under federal jurisdiction as

required under the IRA and the U.S. Supreme Court’s holding in Carcieri v.

Salazar, 129 S.Ct. 1058 (2009). The Oneida Tribe's reservation was

disestablished, and the Tribe and its members are no longer under federal

jurisdiction, as evidenced by the facts, Congressional Acts, and the federal court

rulings of Stevens v. County of Brown, No. 3807 Civil Docket (E.D. November 3,

1933) and U.S. v. Hall, 171 F. 214 (E.D. Wis. 1909).

._ The Secretary has no authority under any statute to remove lands from state

jurisdiction. Once land has ceased to be territorial land by Congressional cession

or act and is under state jurisdiction, there is no federal authority to nullify state

jurisdiction. The Indian Reorganization Act (IRA) and specifically 25 U.S.C.

§ 465, upon which the BIA based its decision, was intended to stop further

allotments and prevent any further Indian land from being removed from federal

jurisdiction. The IRA allows federal land parcels slated for disposal or Indian

allotments still subject to federal restrictions on alienation to be restored to Indian

tribes. Likewise, the BIA failed to consider the impact of the U.S. Supreme Court

holding in Hawaii, et al. v. Office of Hawaiian Affairs, et al. 129 S.Ct. 1436

_ (2009), and the very ability to eliminate state and local jurisdiction which the BIA

and Oneida Tribe have claimed is the automatic consequence of the placement of

land into trust.

. Taking land into trust pursuant to 25 U.S.C. § 465 of the IRA, as it applies to this

case, is unconstitutional in that it strips the state and local government of longstanding jurisdiction over the parcels that are the subject of the fee to trust

applications.

. Itis not in the public interest to have any lands placed into federal “trust” status.

Restoring lands to “tribal sovereignty” deliberately removes the land from the

framework embodied in the federal constitution to dispose of territorial land to

form states and protect the rights of the states and their political subdivisions as

representative governments.

_ The BIA’s decision interferes with the public trust doctrine rights of the State of

Wisconsin by impairing or impeding the local government’s stormwater utility

and management plan. For instance, the Tribe sued the Village of Hobart on

February 19, 2010, stating it will not abide by the Village’s ordinances relating to

stormwater management nor pay fees or charges associated therewith for trust

land. Oneida Tribe of Indians of Wisconsin v. Village of Hobart, Wisconsin,

United States District Court, Eastern District of Wisconsin, Green Bay Division,

Case No. 10-CV-00137-WCG.

10, The BIA failed to follow the Department of the Interior’s policies and guidelines

on trust acquisitions; thus, the decision was arbitrary and capricious, an abuse of

discretion, and not in accordance with the law.

11. This Notice of Appeal is intended to only briefly state the Appellants’ position

regarding the incorrect nature of the BIA’s NOD and briefly identify the issues to

be addressed in the appeal. This Notice of Appeal should not be considered to be

an exhaustive list or presentation of the Appellants’ factual or legal arguments.

The Appellants reserve the right to fully present those arguments pursuant to a

briefing schedule and a hearing on the merits.

NAME AND ADDRESSES OF ADDITIONAL INTERESTED PARTIES

Kevin K. Washburn

Assistant Secretary-Indian Affairs

U.S. Department of the Interior

4140 MIB

1849 C Street, N.W.

Washington, DC 20240

Diane K. Rosen

United States Department of the Interior

Bureau of Indian Affairs

Midwest Regional Office

Norman Pointe II

5600 West American Boulevard, Suite 500

Bloomington, MN 55437

Honorable Scott Walker

Office of the Governor of Wisconsin

115 East State Capitol

Madison, WI 53702

James J. Schmitt, Mayor

City of Green Bay

100 North Jefferson St. Rm. 200

Green Bay, Wisconsin 54305

Troy Streckenbach

Brown County Executive

P.O. Box 23600

Green Bay, WI 54305-3600

Joanne House, Chief Counsel

Oneida Law Office

N7210 Seminary Road

P.O. Box 109

Oneida, WI 54155

Patrick Pelky

Director of Division of Land Management

Oneida Tribe of Indians of Wisconsin

P.O. Box 365

Oneida, WI 54155

Superintendent, Great Lakes Agency

Bureau of Indian Affairs

916 West Lake Shore Drive

Ashland, WI 54806

Cathy Stepp

Wisconsin Department of Natural Resources

101 S. Webster Street

P.O. Box 7921

Madison, WI 53707-7921

Kelly & Barbara Zilisch

2919 Sandia Drive

Green Bay, W1 54313

James Williams

141 0 Sand Hill Drive

Green Bay, W1 54313

Eric G. Blohowiak

2972 Sorenson Drive

Green Bay, W154313

Courtney Carr

1330 Sandstone Place

Green Bay, WI 54313

Robert Nelson

2917 E Milky Way Court

Green Bay, WI 54313

Bryan J. Challe

1316 Oasis Drive

Green Bay, WI 54313

John J & Laurie L. Challe

1320 Sandstone Place

Green Bay, WI 54313

Jeffrey P. Dommer

2988 Sorenson Drive

Green Bay, WI 54313

Julie A. & Thomas W. Flis

2923 Milky Way Drive

Green Bay, WI 54313

Diane Judkins

1432 Springdale Lane

Green Bay, WI 54313

Nicholas & Terri Thayse

2920 Sandia Drive

Green Bay, WI 54313

Raphael & Glenna Parins

2860 W. Mason Street

Green Bay, WI 54313

Susan M. Hefting

3135 Sunland Circle

Green Bay, WI 54313

Scott & Debra Liddicoat

1431 Springdale Lane

Green Bay, WI 54313

Mark K. Matthews

1307 Oasis Drive

Green Bay, WI 54313

Michael A. Gallagher

2929 Milky Way Drive

Green Bay, WI 54313

Robert & Margaret Sauer

2930 Sandia Drive

Green Bay, WI 54313

Il. RELIEF REQUESTED

Appellants request that the Board vacate the BIA decision to acquire Brown County,

Wisconsin Tax Parcel Nos. 6H-1687, 6H-1580, 6H-1150-3 and 6H-1119-1 into trust.

Dated: September 19, 2014. Respectfully submitted,

Prabik W. Kowalkowski

Jenna E. Clevers

Attorneys for Appellants

United States Department of the Interior me om ab

BUREAU OF INDIAN AFFAIRS clit olor

Midwest Regional Office ey

Norman Pointe I TAKE PRIDE

5600 West American Boulevard, Ste. 500 INAMERICA

Bloomington, MN 55437

IN RePLy R5FER TO;

Division of Fee to Trust AUG 1 9 2014

Berglin; Beyer-Riley; Bourdelais; Frelich

NOTICE OF DECISION

CERTIFIED RECEIPT—RETURN RECEIPT REQUESTED 9171 9690 0935 0036 0387 22

Honorable Edward Delgado, Chairman

Oneida Tribe of Indians of Wisconsin

P.O. Box 365

Oneida, WI 54155

Subject: Intent to take Four (4) properties into Trust - Former “Berglin” Property, “Beyer-Riley”

Property; “Bourdelais” Property and “Frelich” Property.

Dear Chairman Delgado:

The Oneida Tribe of Indians of Wisconsin’ (hereinafter “the Tribe”), submitted an application? to have

real property accepted in trust by the United States of America for the Oneida Tribe of Indians of

Wisconsin. The four (4) properties, known as the former “Berglin”, “Beyer-Riley”; “Bourdelais” and

“Frelich”, are located within the exterior reservation boundaries in Brown County, Wisconsin, and are

described as follows:

Berglin:

Lot Twenty-seven (27), according to the Plat of Oak Park Subdivision First Addition,

said Plat being part of Parcel H, as recorded in Vol. 2 of Certified Survey Maps, Page

323 and in Lots Five (5), Ten(10), Eleven (11) and Twelve (12), Section Twenty-eight

(28), Township Twenty-four (24) North, Range Twenty (20) East, of the Fourth

Principal Meridian, in the City of Green Bay, West Side of Fox River, Brown County,

Wisconsin, containing 0.293 acres more or less.

Address: 2291 Ninth Street, Green Bay, Wisconsin

Tax Number: 6H-1687

178 Fed. Reg, 26387 (May 6, 2013)

? Application to Place Berglin; Beyer-Riley, Bourdelais and Frelich properties Into Trust. (Nov. 15, 2007) (on file

with the Bureau of Indian Affairs).

1

Beyer-Riley:

Lot Twenty-one (21) and the South Four (4) feet Lot Twenty (20), according to the

recorded Plat of Oak Park Subdivision, said plat being part of Lots Ten (10), Eleven (11)

and Twelve (12) of the Southwest Quarter (SW Y) of Section Twenty-eight (28),

Township Twenty-four (24) North, Range Twenty (20) Bast, of the Fourth Principal

Meridian, in the City of Green Bay, West Side of Fox River, Brown County, Wisconsin,

containing 0.263 acres more or less.

Address: 1438 Springdale Lane, Green Bay, Wisconsin

Tax Number: 6H-1580

Bourdelais:

Lot Two (2), Vol. 7, Certified Survey Maps, Page 93, Map No. 1701; said map being

part of Government Lot Nine (9), Section Thirty (30), Township Twenty-four (24)

North, Range Tweniy (20) Easi, of the Fourth Principal Meridian, in the City of Green

Bay, West Side of Fox River, Brown County, Wisconsin containing 0.323 acres more or

less.

Address: 1020 Country Club Road, Green Bay, Wisconsin

Tax Number: 6H-1150-3

Frelich:

Part of the Government Lot 22, Section 29, Township 24 North, Range 20 East of the Fourth

Principal Meridian, City of Green Bay, Brown County Wisconsin containing 0.375 acres more or

less, more fully described as follows:

Beginning at the Northeasterly corner of “Three Sisters Subdivision;” thence $89°49°48” W,

82.54 feet along the Northerly line of said “Three Sisters Subdivision;” thence N 0°16’18” E,

160,11 feet to the Southerly Right-of-Way of the West Mason Street Frontage Road; thence 49,34

feet along said Right-of-Way being the arc of a 325.00 foot radius curve to the right whose long

chord bears N 85°31°58” BE, 49.29 feet; thence N 89°52754” E, 50.85 feet along said Right-of-

Way; thence S 0°16718” W, 163.76 feet; thence S $9°49°48” W, 17.44 feet to the point of

beginning.

Address: 2777 West Mason Street, Green Bay, Wisconsin

Tax Number: 6H-1119-1

Regulatory Authority

The applicable regulations are set forth in the Code of Federal Regulations (CFR) Title 25, INDIANS,

Part 151, as amended. The regulations specify that it is the Secretary’s policy to accept lands “in trust”

for the benefit of Tribes when such acquisition is authorized by an Act of Congress; and, (1) when such

lands are within the exterior boundaries of the Tribe’s reservation, or adjacent thereto, or within a Tribal

consolidation area; or (2) when the Tribe already owns an interest in the land; or (3) when the Secretary

determines that the land is necessary to facilitate Tribal self-determination, economic development, or

Indian housing. This acquisition facilitates Indian housing. The land subject to the request for trust status

is within the land acquisition policy as set forth by the Secretary of the Interior.

2

4

Pursuant to 25 CFR § 151.10, the Secretary shall consider the following requirements in evaluating tribal

requests for the acquisition of lands in trust status, when the land is located within or contiguous to the

tribe’s reservation, and the acquisition is not mandated:

(a) the existence of statutory authority; (b) need of the tribe for additional land; (c) the purpose for which

the land will be used; (e) impact on the State and its political subdivisions resulting from removal of the

land from the tax rolls; (f) jurisdictional problems and potential conflict of land use which may arise; (g)

whether the Bureau Indian Affairs is equipped to discharge the additional responsibilities resulting from

the acquisition of the land in trust status; and (h) compliance with 516 DM 6, appendix 4, National

Environmental Policy Act Revised Implementing Procedures, and 602 DM 2, Land Acquisitions.

* 25 CFR § 151.10 (a) - Statutory authority for the proposed acquisition

On February 24, 2009, the U.S. Supreme Court issued its decision in Carcieri v. Salazar, which held that

Congress granted limited authority to the Secretary of the Interior under the IRA to acquire land-in-trust

for tribes. To acquire land-in-trust under Section 465 of the IRA, a tribe must have been “under Federal

jurisdiction” at the time the IRA was passed in June 1934.

We find that the question of the tribe’s status in 1934 has been determined by their long standing

relationship with the federal government, which culminated in the fact that the Oneida Tribe voted to

accept the IRA and in 1936 the Constitution and By-laws by the Oneida Tribe of Indians of Wisconsin

was approved, See Haas, Ten Years of 1 vibal Government Under the Indian Reorganization Act (U.S.

Indian Service 1947).

Additionally, by letter, dated April 28, 2009, and email, dated July 20, 2009, the Tribe provided

supplemental information in support of their federal status through 1934. The tribal materials were

reviewed, considered and made part of the record, which included copies of treaties, statutes,

congressional acts and reports that show a continual tribal existence and federal relationship with the U.S.

government since approximately 1784.

Based on our review and analysis of this information, we have determined that the Carcieri decision will

_not implicate the Oneida Tribe since the Oneida was recognized as under federal jurisdiction prior to 1934

and in fact under the IRA in 1934. The Tribe’s IRA Constitution was approved on December 21, 1936.

The Oneida Tribe of Indians of Wisconsin is organized in accordance with the Indian Reorganization Act

of 1934. Section 5 of the Act, 25 U.S.C. § 465, authorizes the Secretary of the Interior discretionary

authority to acquire any interest in lands for the purpose of providing land for Indians. Therefore, the

request for trust acquisition is eligible for trust status under the authority of the IRA of 1934.

e 25 CFR § 151.10 (b) — The need of the Tribe for additional land.

Currently, there are approximately 12403.79 acres held in trust for the Tribe. The Tribe has approximately

16,986 members’, The subject parcel lies within the ‘Tribe’s aboriginal territory and is of historical

significance, especially due to the devastating losses of land sustained by the Tribe since 1838. Evidence

shows that this property has a history of being occupied by ancestral Oneida Indians. These properties

3 Seioeconomic Conditions within the Reservation of the Oneida Tribe of Indians of Wisconsin, dated February 12,

2013 (on file with the BIA)

3

were once part of allotted lands lost by the Oneida Tribe through the General Allotment Act and were

acquired in 1995 (“Berglin”) and 1996 (“Beyer-Riley; Bourdelias and Frelich”) to expand the Oneida

tribal land base. Returning the land to its original status as inalienable, to forever be held by the United

States for the benefit of the Tribe, ensures that tribal investments within the Oneida Reservation will

never be lost. This acquisition will expand and consolidate the Oneida Tribal land base in support of selfgovernance; self-determination through tribal jurisdiction and to provide much needed additional housing

for members of the Oneida Tribe.

e 25 CFR § 151.10 (c)— Purpose for which the property will be used,

The “Berglin” property contains 0.293 acres; “Beyer-Riley” property contains 0.263 acres; “Bourdelias”

contains 0.323 acres and “Frelich” property contains 0.375 acres of land , all of which are currently being

utilized for residential purposes and the use for each is to remain the same.

» 25 CER § 151.10 (ec) — Impact on:the State and its political subdivisions resulting from

the removal of this property from the tax rolls.

The Notice of Application (NOA) is intended to provide State and local governments the opportunity to

submit comments regarding the proposed trust acquisition in the areas of regulatory jurisdiction, real

property taxes, and special assessments. On July 6, 2006, September 3, 2010, and October 25, 2013,

notice was provided to the City of Green Bay, Brown County, and the State of Wisconsin to solicit

comments regarding “potential impacts” resulting from the removal of this property from the tax rolls. A

response was received from the City of Green Bay, which the City provided information regarding

property taxes, special assessments, governmental services, zoning, and the impact resulting from the

removal of the parcel from the tax rolls.

On November 25, 2013 and December 3, 2013, nineteen (19) comment letters were received from

residents claiming they have standing by virtue of the United States Supreme Court decision in Match-E-

Be-Nash-She-Wish Band of Pottawatomi Indians y. Patchak, 132S8.Ct. 2199 (2012) which we have

considered as interested parties and

1) Economic Burden Incurred by Nearby Property Owners where, the owners state, with the

reduction of taxes that comes with trust status for the subject property, the burden of costs for

government services will be shouldered by the fee property owners;

* The City of Green Bay and Brown County includes compensation to both of the

municipalities for the cost of governmental services provided by them, in lieu of property

taxes, while at the same time recognizing the value of services provided by the Tribe.

2) Disruption to Regulations and Enforcement of Community Jurisdiction Related to the Peace,

Safety and Security of Residents: where the residents claim the creation of islands of trust land is

disruptive to these vital community interests, causing confusion regarding jurisdiction of local

governments units over the land and the people, with any lack of uniformity of ordinance

application resulting in dispute, disagreement and reduced cohesiveness in neighborhoods,

Adding that property values suffer in the face of uncertainty regarding ordinance and application

and enforcement, where the value of property will be diminished.

* The service agreements mentioned above are established between the tribe and local

governments to include and address these issues, and as a result, reflect the mutual

understanding of the Tribe and the municipalities. Also, as noted by the Tribe in their

response to the subject comments, Wisconsin is a PL 280 state and the property is located

on the reservation. Therefore, trust acquisition of the subject property will not change the

application of such,

3) Eligibility of the Oneida Tribe of Wisconsin for U.S. Acquisition.of Land to be Held ‘in Trust

under which the opposition is in part based on the Oneida Tribe not being federally recognized

when the IRA was enacted in 1934.

® See above: 25 CDR § 151.10 (a) — Statutory authority for the proposed acquisition.

% Further, the JBIA has already ruJed in that the Oneida Tribe of Indians of Wisconsin is

organized in accordance with the Indian Reorganization Act of 19347,

The Brown County tax levy for tax year 2012/2013 is $80,862,276.° The total real property tax billed to

the Tribe for tax year 2013 for the subject properties is $14,992.90 or .0018541276% of the tax levy.

Property Name Property Tax % of Tax Levy

“Berglin” $2,494.60 .0003084998%

“Beyer-Riley” $3,146.90 .0003891678%

“Bourdelias” $4,286.70 .0005301235%

“Frelich” $5,064.70 .0005263365%

Total $14,992.90 .0018541276%

The proposed trust acquisition will decrease the tax base for Brown County by .0019%, however

concerning the loss of tax revenue, the Tribe together with Brown County and the City of Green Bay has

entered into a service agreement, by which the tribe through agreement, compensates the County and City

for governmental services provided in lieu of property taxes, such as law enforcement, storm water

management, street improvements, and emergency management services.

The potential loss of tax revenue resulting from the trust acquisition of the parcel appears to be minimal,

and the benefits of the proposed acquisition outweigh impact on the State and local subdivisions.

e 25 CFR § 151.10 (f) — Jurisdictional problems and potential conflicts of land use.

The property is located within the exterior boundaries of the Oneida Reservation.

The City of Green Bay stated, “.,.does not foresee any zoning or land use problems or conflicts with

’ Oneida’s current use of the Property”.® The service agreement that is set in place between the Oneida

Tribe, Brown County and the City of Green Bay, that each entity with the mutual understanding agrees to

strive and improve on the terms of agreement that include law enforcement; storm water management;

peace & safety; street improvements and the compensation of these governmental services mentioned in

* Village of Hobart v. Acting Midwest Regional Director, 57 IBIA 4 2013)

> http-wistax.org/docs/facts/13690711 16-county-levies-1989-90-to-2012-13.pdf (last visited October 29, 2013).

® October 4, 2010 and November 25, 2013 comment letter from the City of Green Bay.

5

the agreement. See above: 25 CFR £ 151.1 0(e) upact on the State and its political subdivisions resulting

from the removal of this property from the tax rolls,

On June 29, 2008, the Oneida Tribe and Brown County entered into “The Deputization Agreement

between the Oneida Tribe and Brown County” states the purpose and intent of the agreement is, “to

prevent and deter the commission of criminal offenses and to promote effective law enforcement for the

mutual benefit of the Indian and non-Indian communities in Brown County.”

® 25 CFR § 151.10 (x) —Is the Bureau of Indian Affairs (BIA) equipped to discharge the

additional respansibilities and duties resulting from the acquisition of this land ih trust

status.

Pursuant to Public Law 93-638, as amended, the Tribe has negotiated to assume various responsibilities

of programs, services, functions, and activities that normally are funded and/or flow through the BIA.

The Real Estate Services Program assumed by the tribe is essential as the first point of contact in a variety

of indian Trust land management services.

This property will require BIA oversight such as technical assistance and functions that are inherent to the

federal government. Specifically, this transaction may require BIA to provide services in the areas of

rights protection, leasing, rights-of-way, and mortgages, including review and approval of relevant

transactions.

Based on the contemplated Jand use stated in this application for trust status, any additional

responsibilities resulting from this transaction are deemed minimal.

* 25 CFR § 151,10 (h) — Environmental Hazards

National Environmental Policy Act Compliance

We are required to determine the level of impact upon the human environment this undertaking would

create pursuant to criteria outlined in the National Environmental] Policy Act of 1969 (NEPA). Due to the

limited scope and intensity of the project, it may be categorically excluded from further environmental

impact analyses under the provisions of NEPA. A Categorical Exclusion Checklists were completed on

July 7, 2014 for the’Frelich” Parcel and July 10, 2014 for the “Berglin”; “Beyer-Riley” and

“Bourdelia” Parcels.

National Historic Preservation Act (NHPA) Compliance

Since there is a limited scope of activities there is no potential to disturb historic properties. With the

Regional Archeologist’s signature of the Categorical Exclusion (dated July 7, 2014 and on July 10, 2014),

no further compliance with NHPA is necessary.

Endangered Species Act (ESA) Compliance

No further action is required for compliance with the Endangered Species Act. No endangered or

threatened species will be affected according to the Categorical Exclusion (dated July 7, 2014 and July 1,

2014).

Hazardous Substances Determination - :

In compliance with Department of the Interior Guidance, Part 602 of Interior Department Manual Chapter

2 (602 DM 2), we are required to complete an Environmental Site Assessment (ESA) to determine if there

6

are any environmental and contamination related concerns and/or liabilities affecting the land being

considered for trust acquisition. These procedures comply with the standards of the American Society of

Testing and Materials (ASTM) Practice E1527-05, which were adopted by the Department of the Interior.

The record includes a Phase I “Environmental Site Assessment,” approved by the Midwest Regional

Director on July 7, 2014 and July 10, 2014. No recognized environmental conditions were identified.

Conclusion

Based on the foregoing, we issue notice of our intent, to accept the former “Berglin; Beyer-Riley;

Bourdelias and Frelich” Property into trust status. Title will vest in the United States of America in trust

for the Oneida Tribe of Indians of Wisconsin, in accordance with Section 5 of the Indian Reorganization

Act of 1934 (IRA), 25 U.S.C. § 465, provided the Tribe delivers marketable title to the property ina ,

manner as required in 25 CFR Part 151, Land Acquisition Regulations. In accordance with 25 CFR. Part

151,13, we have requested an examination of the title evidence by the Office of the Field Solicitor,

Bloomington, Minnesota, to determine whether title to the parcel is marketable. The parcel will not be

accepted in trust until all title exceptions as required have been met,

Appeal Rights

This decision may be appealed to the Interior Board of Indian Appeals, 801 North Quincy Street, Suite

300, Arlington, Virginia 22203, in accordance with 43 CFR § 4.310-4.340. Your notice of appeal to the

Board must be signed by you or your attorney and must be mailed within 30 days of the date that you

receive this decision. It should clearly identify the decision being appealed. If possible, attach a copy of

the decision. You must send copies of your notice of appeal to (1) Assistant Secretary — Indian Affairs,

1849 C Street N.W., Washington, D.C. 20240, (2) each interested party known to you, and (3) this office.

Your notice of appeal sent to the Board of Indian Appeals must certify that you have sent copies to these

parties, If you are not represented by an attorney, you may request assistance from this office in the

preparation of your appeal. If you file a notice of appeal, the Interior Board of Indian Appeals (IBIA) will

notify you of further procedures.

If no appeal is timely filed, this decision will become final for the Department of the Interior at the

expiration of the appeal period. No extension of time may be granted for filing a notice of appeal.

If you have any questions regarding this matter, you may contact Diane Baker, Supervisory Realty

Specialist, directly at (612) 725-4583.

Sincerely,

“bu ONL, L epabik.

Regional Director

ec; INTERESTED PARTIES BY CERTIFIED MAIL—RETURN RECEIPT TO:

Honorable Scott Walker, Governor — 9171 9690 0935 0036 0387 39

Office of the Governor of Wisconsin

115 East State Capito]

Madison, Wisconsin 53702

Troy Streckenbach — 9171 9690 0935 0036 0387 46

Executive Brown County

P.O. Box 23600

Green Bay, Wisconsin 53707

James J. Schmitt, Mayor - 9171 9690 0935 0036 0387 53

City of Green Bay

100 North Jefferson St, Rm, 200

Green Bay, Wisconsin 54305

REGULAR MAIL:

Jo Anne House, Chief Counsel

Oneida Tribe of Indians of Wisconsin - Law Office

N7210 Seminary Road

P.O, Box 109

Oneida, WI 54155

Patrick Pelky, Director

Division of Land Management

Oneida Tribe of Indians of Wisconsin

P.O, Box 365

Oneida, WI 54155

Superintendent, Great Lakes Agency

Bureau of Indian Affairs

916 West Lake Shore Drive

Kelly & Barbara Zilisch

2919 Sandia Drive

Green Bay, WI 54313

James Williams

1410 Sand Hill Drive

Green Bay, WI 54313

Eric G. Blohowiak

2972 Sorenson Drive

Green Bay, WI 54313

Courtney Carr

1330 Sandstone Place

Green Bay, WI 54313

Robert Nelson

2917 E Milky Way Court

Green Bay, WI 54313

Bryan J. Challe

1316 Oasis Drive

Green Bay, W1 54313

John J & Laurie L. Challe

1320 Sandstone Place

Green Bay, WI 54313

David V. & Alice M, Dillenburg

2949 Sorenson Drive

Green Bay, WI 54313

Jeffrey P. Dommer

2988 Sorenson Drive

Green Bay, WI 54313

Julie A. & Thomas W. Flis

2923 Milky Way Drive

Green Bay, WI 54313

Diane Judkins

1432 Springdale Lane

Green Bay, WI 54313

Thomas G. Sladek

2634 Sequoia Lane

Green Bay, WI 54313

Nicholas & Terri Thayse

2920 Sandia Drive

Green Bay, WI 54313

Raphael & Glenna Parins

2860 W. Mason Street

Green Bay, WI 54313

Susan M. Hefling

3135 Sunland Circle

Green Bay, WI 54313

Scott & Debra Liddicoat

1431 Springdale Lane

Green Bay, WI 54313

Mark K. Matthews

1307 Oasis Drive

Green Bay, WI 54313

Michael A. Gallagher

2929 Milky Way Drive

Green Bay, WI 54313

Robert & Margaret Sauer

2930 Sandia Drive

Green Bay, WI 54313

CERTIFICATE OF SERVICE

Pursuant to 43 C.F.R. § 4.333, the undersigned hereby certifies that on this 19" day of

September, 2014, the foregoing NOTICE OF APPEAL was served on the following parties in

the manner indicated:

VIA UPS OVERNIGHT:

Board of Indian Appeals

Office of Hearings and Appeals

U.S. Department of the Interior

801 North Quincy Street, Suite 300

Arlington, VA 22203

Kevin K. Washburn

Assistant Secretary-Indian Affairs

U.S. Department of the Interior

4140 MIB

1849 C Street, N. W.

Washington, DC 20240

Diane K. Rosen

United States Department of the Interior

Bureau of Indian Affairs

Midwest Regional Office

Norman Pointe II

5600 West American Boulevard, Suite 500

Bloomington, MN 55437

VIA CERTIFIED RETURN RECEIPT MAIL:

Honorable Scott Walker

Office of the Governor of Wisconsin

115 East State Capitol

Madison, WI 53702

James J. Schmitt, Mayor

City of Green Bay

100 North Jefferson St. Rm. 200

Green Bay, Wisconsin 54305

Troy Streckenbach

Brown County Executive

P.O. Box 23600

Green Bay, WI 54305-3600

VIA REGULAR U.S. MAIL

Joanne House, Chief Counsel

Oneida Law Office

N7210 Seminary Road

P.O. Box 109

Oneida, WI 54155

Patrick Pelky

Director of Division of Land Management

Oneida Tribe of Indians of Wisconsin

P.O. Box 365

Oneida, WI 54155

Superintendent, Great Lakes Agency

Bureau of Indian Affairs

916 West Lake Shore Drive

Ashland, WI 54806

Cathy Stepp

Wisconsin Department of Natural Resources

101 S. Webster Street

P.O, Box 7921

Madison, WI 53707-7921

Kelly & Barbara Zilisch

2919 Sandia Drive

Green Bay, W1 54313

James Williams

141 0 Sand Hill Drive

Green Bay, W1 54313

Eric G. Blohowiak

2972 Sorenson Drive

Green Bay, W154313

Courtney Carr

1330 Sandstone Place

Green Bay, WI 54313

Robert Nelson

2917 E Milky Way Court

Green Bay, WI 54313

Bryan J. Challe

1316 Oasis Drive

Green Bay, WI 54313

John J & Laurie L. Challe

1320 Sandstone Place

Green Bay, WI 54313

David V. & Alice M. Dillenburg

1520 Woodland Drive

Green Bay, WI 54313

Jeffrey P. Dommer

2988 Sorenson Drive

Green Bay, WI 54313

Julie A. & Thomas W. Flis

2923 Milky Way Drive

Green Bay, WI 54313

Diane Judkins

1432 Springdale Lane

Green Bay, WI 54313

Thomas G. Sladek

2634 Sequoia Lane

Green Bay, WI 54313

Nicholas & Terri Thayse

2920 Sandia Drive

Green Bay, WI 54313

Raphael & Glenna Parins

2860 W. Mason Street

Green Bay, WI 54313

Susan M. Hefting

3135 Sunland Circle

Green Bay, WI 54313

Scott & Debra Liddicoat

1431 Springdale Lane

Green Bay, WI 54313

Mark K. Matthews

1307 Oasis Drive

_ Green Bay, WI 54313

Michael A. Gallagher

2929 Milky Way Drive

Green Bay, WI 54313

Robert & Margaret Sauer

2930 Sandia Drive

Green Bay, WI 54313

I declare under penalty of perjury that the foregoing is true and correct.

Subscribed and sworn to before me

this 19" day of September, 2014.

* WMararo bernmann

Notary Public, Brown County, Wisconsin

My Commission expires N-10-2001

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