Oneida Business Committee (2025)

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Public Packet

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Oneida Business Committee

Executive Session

8:30 AM Tuesday, March 25, 2025

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, March 26, 2025

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

Meeting agenda is available here: oneida-nsn.gov/government/business-committee/agendas-packets/.

Materials for the “General Tribal Council” section of the agenda, if any, are available to enrolled members

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 1st floor, Norbert Hill

Center and present a valid Tribal I.D. or go to https://goo.gl/uLp2jE. Scheduled times are subject to

change.

I.

CALL TO ORDER

II.

OPENING

A.

Special recognition for years of service - Helen Huff (8:30 a.m.)

Sponsor: Jennifer Webster, Councilwoman

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

A.

V.

MINUTES

A.

VI.

Oneida Nation Veteran Affairs Committee - Myron Vieau

Sponsor: Lisa Liggins, Secretary

Approve the February 26, 2025, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

RESOLUTIONS

A.

Adopt resolution entitled Cooperative Agreement with Bureau of Indian Affairs,

Midwest Region, for Wildland Fire Management Non-Recurring Funds

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 5

March 26, 2025

Public Packet

VII.

VIII.

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B.

Adopt resolution entitled Fiscal Year 2026 Budget Considerations and Calendar

Sponsor: Lawrence Barton, Treasurer

C.

Adopt resolution entitled Amendment to BC Resolution # 10-12-22-C Obligation for

Oneida Nation Farm Office Utilizing Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

D.

Adopt resolution entitled Authorize Use of Economic, Development, Diversification

and Community Development Fund to Fund $507,366.00 to pay for the Wisconsin

Electric Vehicle Infrastructure Grant

Sponsor: Justin Nishimoto, Economic Strategy Coordinator

E.

Adopt resolution entitled Fiscal Year 2025 Cost Savings Tools

Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer

F.

Adopt resolution entitled Authorization to Participate in the Midwest Tribal Energy

Resources Association's Tribal Energy Capacity Building Program and To Identify

the Tribe's Energy Champions

Sponsor: Mark W. Powless, General Manager

G.

Adopt resolution entitled Amendment to BC Resolution # 08-14-24-B Submission of

ISDEAA Section 105(l) Lease Proposals to the Department of Interior

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

H.

Enter the e-poll results regarding the adopted BC resolution # 02-21-25-A

Endorsement of NET LEC, LLC dba Nsight's application for Broadband, Equity,

Access and Deployment Funding

Sponsor: Lisa Liggins, Secretary

APPOINTMENTS

A.

Determine next steps regarding one (1) vacancy - Pardon and Forgiveness

Screening Committee

Sponsor: Lisa Liggins, Secretary

B.

Determine next steps regarding one (1) vacancy - Oneida Nation School Board

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

A.

FINANCE COMMITTEE

1.

Accept the February 13, 2025, regular Finance Committee meeting minutes

Sponsor: Lawrence Barton, Treasurer

2.

Accept the February 27, 2025, regular Finance Committee meeting minutes

Sponsor: Lawrence Barton, Treasurer

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 5

March 26, 2025

Public Packet

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B.

LEGISLATIVE OPERATING COMMITTEE

1.

IX.

UNFINISHED BUSINESS

A.

X.

XI.

Accept the February 19, 2025, regular Legislative Operating Committee

meeting minutes

Sponsor: Jameson Wilson, Councilman

Review the three (3) requested directives from the December 11, 2025, regular

Business Committee meeting - CIP # 16-011 - Oneida Recreation Project, and

determine next steps

Sponsor: Lisa Liggins, Secretary

TRAVEL REQUESTS

A.

Approve the travel request - Councilwoman Jennifer Webster - Self-Governance

Meeting (IHS-TSGAC) - Washington, D.C. - July 22-25, 2025

Sponsor: Jennifer Webster, Councilwoman

B.

Approve the travel request - Councilman Marlon Skenandore - 2025 Tribal Leaders

Media Training & Communication Fellowship - Phoenix, AZ - May 27-30, 2025

Sponsor: Marlon Skenandore, Councilman

C.

Enter the e-poll results into the record regarding the approved travel request for

Councilman Kirby Metoxen to attend the Department of Health Services and

Department of Children and Families Consultation in Baraboo, WI on April 15-16,

2025

Sponsor: Lisa Liggins, Secretary

D.

Enter the e-poll results into the record regarding the approved travel request for

Councilman Kirby Metoxen to attend the 2025 American Indian Alaskan Native

Tourism Association (AIANTA) Board Meeting in Carson City, NV on April 9-11, 2025

Sponsor: Lisa Liggins, Secretary

E.

Enter the e-poll results into the record regarding the approved travel request for

Councilwoman Jennifer Webster to attend the 27th Health and Human Services

Annual Tribal Budget Consultation in Washington D.C. on April 21-24, 2025

Sponsor: Lisa Liggins, Secretary

NEW BUSINESS

A.

Approve the application for elected Boards, Committees and Commissions

Sponsor: Candace House, Chair/Oneida Election Board

B.

Review and determine next steps regarding the NFL Draft VIP Pass Ticket

Distribution

Sponsor: Lawrence Barton, Treasurer

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 5

March 26, 2025

Public Packet

XII.

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GENERAL TRIBAL COUNCIL

A.

XIII.

Approve the notice and materials for the May 5, 2025, tentatively scheduled special

General Tribal Council meeting

Sponsor: Lisa Summers, Director of Government Administration

EXECUTIVE SESSION

A.

B.

REPORTS

1.

Accept the Intergovernmental Affairs and Self-Governance March report

(8:30 a.m.)

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

2.

Accept the General Manager report (9:30 a.m.)

Sponsor: Mark W. Powless, General Manager

3.

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

4.

Accept the Treasurer's February 2025 report (11:00 a.m.)

Sponsor: Lawrence Barton, Treasurer

NEW BUSINESS

1.

Approve a limited waiver of sovereign immunity - ISSUU Proposal - file #

2024-1159 (9:30 a.m.)

Sponsor: Mark W. Powless, General Manager

2.

Discuss additional funding and determine next steps - CIP # 19-004 - Amelia

Cornelius Culture Park Site Amenities

Sponsor: Mark W. Powless, General Manager

3.

Review the draft reporting proposal and determine next steps

Sponsor: Lisa Liggins, Secretary

4.

Accept the March 5, 2025, Business Committee Officer session notes

Sponsor: Lisa Liggins, Secretary

5.

Approve a limited waiver of sovereign immunity - Service Station Computer

Systems Inc. (SSCS) file # 2024-1570

Sponsor: Debra Powless, Retail General Manager

6.

Approve a limited waiver of sovereign immunity - Great Lakes Coca-Cola dba

Reyes Coca-Cola contract file # 2024-1508

Sponsor: Debra Powless, Retail General Manager

7.

Review application for one (1) vacancy - Oneida Nation School Board

Sponsor: Lisa Liggins, Secretary

Oneida Business Committee

Regular Meeting Agenda

Page 4 of 5

March 26, 2025

Public Packet

XIV.

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8.

Review application for one (1) vacancy - Pardon and Forgiveness Screening

Committee

Sponsor: Lisa Liggins, Secretary

9.

Approve the Oneida Business Committee Communication Plan regarding

Cost Savings Plan, and move the resolution to open session

Sponsor: Lisa Summers, Director of Government Administration

10.

Adopt resolution entitled Labor Allocation Modification - Transfer of Position

from Environmental, Land, and Agriculture Division to Law Office - Paralegal

and move the resolution to open session

Sponsor: Jo Anne House, Chief Counsel

11.

Defer the November 13, 2024, Business Committee directive to provide a

proposal to attach education credentials on Business Committee wages

Sponsor: Laura Laitinen-Warren, Executive HR Director

12.

Enter the e-poll results into the record regarding the approved FY25 lease

agreement modifications for contracts file # 2019-1044, 2019-1045, 2019-1046,

2019-1047, 2022-0990, & direct Self-Governance to submit the signed

documents to Indian Health Service

Sponsor: Lisa Liggins, Secretary

ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov pursuant to the Open Records and

Open Meetings law (§ 107.14.)

The meeting packet of the open session materials for this meeting is available by going to the Oneida

Nation’s official website at: oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Government Administrative Office at (920) 869-4364 or

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 5 of 5

March 26, 2025

Public Packet

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Special recognition for years of service - Helen Huff

Business Committee Agenda Request

1. Meeting Date Requested:

2. Session:

IZ] Open

03/26/25

D Executive - must qualify under §107.4-1.

Justification: Special Recognition for Years of Service - Helen Huff

3. Requested Motion:

IZ] Accept as information; OR

Special Recognition for Years of Service - Helen Huff

4. Areas potentially impacted or affected by this request:

Finance

Programs/Services

D

0 Law Office

D Gaming/Retail

IZ] Other: Oneida Business Committee

D

O DTS

D Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Name, Title/Entity OR Choose from List

Name, Title/Entity OR Choose from List

Name, Title/Entity OR Choose from List

Revised: 01/07/2025

Page 1 of 2

Public Packet

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6. Supporting Documents:

D Bylaws

D Contract Document(s)

D Correspondence

D Draft GTC Notice

0 Draft GTC Packet

D E-poll results/back-up

[ZI Other: Backup info.

D Fiscal Impact Statement

D Law

D Legal Review

D Minutes

0 MOU/MOA

D Petition

7. Budget Information:

[ZI Budgeted - Tribal Contribution

D Unbudgeted

[ZI Other: Describe

D Presentation

D Report

D Resolution

D Rule (adoption packet)

D Statement of Effect

D Travel Documents

D Budgeted - Grant Funded

0 Not Applicable

8. Submission:

Authorized Sponsor:

Jennifer Webster, Councilwoman

Primary Requestor:

(Name,

---'-------

Revised: 01/07/2025

Title/Entity)

�- - - ------ - -

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Public Packet

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Oneida Nation

Oneida Business Committee

PO Box 365 • Oneida, WI 54155-0.365

onclda•nm.9ov

ONEIDA

Memorandum

To:

Oneida Business Committee

From: Jennifer Webster/Council Member

Date: Feb. 18, 2025

Re:

Request for Employee Recognition for: March 19, 2025

Please accept this agenda request to honor one of our employee's Ms. Helen Huff with a

Special Years of Service Recognition. Helen Huff has worked tirelessly for the Oneida

Nation for 30 years as a custodian, due to health reasons we were not able to have her

recognized at her retirement. Helen was 81 years old when she retired, and is now 82

years young.

To quote her supervisor Chad Jordan " Helen has an excellent work ethic which people

always noticed. Which has been carried on to others and me. How else do you work in

one department for 30 years without a good work ethic and be liked by so many. I would

even say loved by so many, she has that motherly quality about her"

Thank You Helen Huff, for your hard work and dedication, we are grateful for your

commitment year after year and on behalf of the Nation. Yaw/\ko!

Page 1 of 1

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

Public Packet

Helen Huff

Helen retired from Custodial on July 25, 2023. She has worked in the custodial department 30 years in

which a lot of us have learned something from her in that time. If anything, at least be a good person

and be good to each other. It's been a joy to work with Helen over the years.

Helen has an excellent work ethic which people always' s noticed. Which has been carried on to others,

and me. How else do you work in one department for 30 years without a good work ethic and be liked

by so many. I would even say loved by so many, she has that motherly quality about her.

Helen although quiet could catch you by surprise with something she had to say, and you better listen

and if you didn't you were in for it. I don't know what it was, but she could always sneak up on you and

scare the heck out of you without even trying to scare you. I hope many of us work as well as she did

and as long as she did. I mean come on work till you are 81. They truly don't make them like her

anymore.

I know the custodial department was lucky to get her and there will never be another worker like her.

And that's why when she retired, we felt sad because we lost a great worker and a little part of

ourselves because she was always there.

I have been in custodial almost 34 years and I am overjoyed that I got to spend most of them with

Helen. I even had the privilege of being Helen's supervisor for a couple of years.

Chad Jordan

Custodial Supervisor

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Public Packet

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Oneida Nation Veteran Affairs Committee - Myron Vieau

Business Committee Agenda Request

1. Meeting Date Requested:

03/26/25

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: DRAFT materials/discussion

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Amber Martinez, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

AMARTIN3

Public Packet

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

March 3, 2025

RE:

Oath of Office – Oneida Nation Veteran Affairs Committee

Background

On February 26, 2025, the Oneida Business Committee appointed Myron Vieau to the

Oneida Nation Veteran Affairs Committee.

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

Public Packet

12 of 246

Approve the February 26, 2025, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

03/26/25

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: DRAFT materials/discussion

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☐ Not Applicable

☐ Budgeted – Grant Funded ☒ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BPIGMAN

Public Packet

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DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, February 25, 2025

BC Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 AM Wednesday, February 26, 2025

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence

Barton, Secretary Lisa Liggins, Council members: Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jennifer Webster, Jameson Wilson;

Not Present: n/a

Arrived at: n/a

Others present: Jo A. House, Mark W. Powless (via Microsoft Teams1), Ralinda Ninham-Lamberies (via

Microsoft Teams), Lisa Summers (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams), Melinda

J Danforth (via Microsoft Teams), Debra Powless (via Microsoft Teams), Louise Cornelius (via Microsoft

Teams), Eric McLester (via Microsoft Teams), Laura Laitinen-Warren (via Microsoft Teams), Kaylynn

Gresham (via Microsoft Teams), Cheryl Stevens (via Microsoft Teams), Loucinda Conway (via Microsoft

Teams), Rae Skenandore (via Microsoft Teams), Jessalyn Harvath (via Microsoft Teams), Bobbi J King

(via Microsoft Teams), Danielle White (via Microsoft Teams), Melissa Alvarado (via Microsoft Teams),

Jason W Doxtator (via Microsoft Teams), Tina Jorgenson (via Microsoft Teams), Brenda L Skenandore

(via Microsoft Teams), Tavia James-Charles (via Microsoft Teams), James Sommerfeldt (via Microsoft

Teams), Clorissa Leeman (via Microsoft Teams), Lori Hill (via Microsoft Teams), Kristine Hill (via

Microsoft Teams), Dana McLester (via Microsoft Teams), Lisa Rauschenbach (via Microsoft Teams), Eric

Bristol (via Microsoft Teams), James Petitjean (via Microsoft Teams), Shannon Stone (via Microsoft

Teams), Josephine Skenandore (via Microsoft Teams), Todd VanDen Heuvel (via Microsoft Teams),

Chad Fuss (via Microsoft Teams), Danelle Wilson (via Microsoft Teams);

REGULAR MEETING

Present: Vice-Chairman Brandon Yellowbird-Stevens, Treasurer Lawrence Barton, Council members:

Jonas Hill, Kirby Metoxen, Marlon Skenandore, Jameson Wilson;

Not Present: Chairman Tehassi Hill, Secretary Lisa Liggins, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo A. House, RaLinda Ninham-Lamberies, Mark W. Powless (via Microsoft Teams),

Todd Vanden Heuvel (via Microsoft Teams), Lisa Summers (via Microsoft Teams), Laura Laitinen-Warren

(via Microsoft Teams), Ashley M. Blaker (via Microsoft Teams), Justin Nishimoto (via Microsoft Teams),

Loucinda Conway (via Microsoft Teams), Lisa Liggins (via Microsoft Teams), Danelle Wilson (via

Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams), Janice Deborah (via Microsoft Teams),

Fawn Billie (via Microsoft Teams), Fawn Cottrell (via Microsoft Teams), Kristal Hill (via Microsoft Teams),

Clorissa Leeman (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Melissa Alvarado (via

Microsoft Teams), Tavia James-Charles (via Microsoft Teams), Grace Elliot (via Microsoft Teams), Sarah

Capelle (via Microsoft Teams), Kristine Hill (via Microsoft Teams), Carolyn Salutz (via Microsoft Teams),

Lori Hill (via Microsoft Teams), Debbie Melchert (via Microsoft Teams), Nicolas Reynolds (via Microsoft

Teams), Stacie Cutbank (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Carol Silva (via

Microsoft Teams), Amber Martinez (via Microsoft Teams), Shannon Davis (via Microsoft Teams), Mary

Graves (via Microsoft Teams), Reynold T Danforth (via Microsoft Teams), Michelle Braaten (via Microsoft

Teams), Tana Aguirre (via Microsoft Teams), Jeff Bowman (via Microsoft Teams), Jeffrey House (via

1 Microsoft Teams is software which provides a communication and collaboration platform for workplace chat, file

sharing, and video meetings.

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 11

February 26, 2025

Public Packet

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DRAFT

Microsoft Teams), Michael Troge (via Microsoft Teams), Jeremy King (via Microsoft Teams), Mark

Powless, John Breuninger, Cathy Metoxen, Nancy Barton, Bonnie Pigman (via Microsoft Teams);

I.

CALL TO ORDER

Meeting called to order by Vice-Chairman Brandon Yellowbird-Stevens at 8:32 a.m.

For the record: Chairman Tehassi Hill is out on approved travel attending the and providing testimony

before the House Appropriations Subcommittee on Interior, Environment, and Related Agencies in

Washington, D.C.; Secretary Lisa Liggins is out on personal time; Councilwoman Jennifer Webster is

out virtually attending the U.S. Department of Health and Human Services, Secretary’s Tribal Advisory

Committee.

II.

OPENING (00:00:05)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:00:22)

Motion by Kirby Metoxen to adopt the agenda with one (1) deletion [1) under the Travel Requests

section, delete item entitled Approve the travel request - Councilwoman Jennifer Webster - 27th HHS

Annual Tribal Budget Consultation - Washington, D.C.- April 21-24, 2025], seconded by Lawrence

Barton. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

IV.

MINUTES

A.

Approve the February 12, 2025, regular Business Committee meeting minutes

(00:01:00)

Sponsor: Lisa Liggins, Secretary

Motion by Kirby Metoxen to approve the February 12, 2025, regular Business Committee meeting

minutes, seconded by Lawrence Barton. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 2 of 11

February 26, 2025

Public Packet

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DRAFT

V.

RESOLUTIONS

A.

Adopt resolution entitled Midwest Energy Resources Association Home

Electrification and Appliance Rebate Program (00:01:21)

Sponsor: Mark W. Powless, General Manager

Motion by Jameson Wilson to adopt resolution # 02-26-25-A Midwest Energy Resources Association

Home Electrification and Appliance Rebate Program, seconded by Lawrence Barton. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

B.

Adopt resolution entitled Authorizing the Use of Self-Governance Funds for the

Purchase of Fire Protection Equipment for the Town of Oneida Volunteer Fire

Department (00:12:07)

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

Motion by Jonas Hill to adopt resolution # 02-26-25-B Authorizing the Use of Self-Governance Funds

for the Purchase of Fire Protection Equipment for the Town of Oneida Volunteer Fire Department,

seconded by Jameson Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

C.

Adopt resolution entitled Authorizing the Use of Carry Over Funds for the Town of

Oneida Fire Department Equipment (00:13:33)

Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer

Motion by Lawrence Barton to adopt resolution # 02-26-25-C Authorizing the Use of Carry Over Funds

for the Town of Oneida Fire Department Equipment, seconded by Jameson Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

VI.

APPOINTMENTS

A.

Determine next steps regarding one (1) vacancy - Oneida Nation Veteran Affairs

Committee (00:14:40)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to accept the select applicant and to appoint Myron Vieau to the Oneida Nation

Veteran Affairs Committee for a term ending December 31, 2027, seconded by Kirby Metoxen. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 3 of 11

February 26, 2025

Public Packet

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DRAFT

VII.

STANDING COMMITTEES

A.

LEGISLATIVE OPERATING COMMITTEE

1.

Accept the February 5, 2025, regular Legislative Operating Committee meeting

minutes (00:15:29)

Sponsor: Jameson Wilson, Councilman

Motion by Jonas Hill to accept the February 5, 2025, regular Legislative Operating Committee meeting

minutes, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

2.

Adopt Real Property Law rule # 3 – Easements (00:15:54)

Sponsor: Jameson Wilson, Councilman

Motion by Kirby Metoxen to adopt Real Property Law rule # 3 - Easements, seconded by Marlon

Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

VIII.

TRAVEL REQUESTS

A.

Enter the e-poll results into the record regarding the approved travel request for

Chairman Tehassi Hill to attend the Interior and Environmental Committee

Testimony in Washington D.C. on February 26-27, 2025 (00:20:17)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to enter the e-poll results into the record regarding the approved travel request for

Chairman Tehassi Hill to attend the Interior and Environmental Committee Testimony in Washington

D.C. on February 26-27, 2025, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

IX.

NEW BUSINESS

A.

Accept the fiscal impact statement of BC Resolution # 02-28-24-B Interpretation of

General Tribal Council August 7, 2023, Action on Petition Removing all Employee

Wage Caps (00:20:43)

Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer

Motion by Marlon Skenandore to accept the fiscal impact statement of BC Resolution # 02-28-24-B

Interpretation of General Tribal Council August 7, 2023, Action on Petition Removing all Employee

Wage Caps, seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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February 26, 2025

Public Packet

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DRAFT

B.

Approve the Memorandum of Understanding - University of Green Bay regarding

the National Estuarine Research Reserve (NERR) - file # 2024-0889 (00:22:03)

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

Motion by Jonas Hill to approve the Memorandum of Understanding - University of Green Bay

regarding the National Estuarine Research Reserve (NERR) - file # 2024-0889, seconded by Jameson

Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

C.

Approve Letter of Commitment - Governor Evers Office - Great Lakes Intertribal

Food Coalition & Tribal Elder Food Box Program (00:31:28)

Sponsor: Marlon Skenandore, Councilman

Motion by Jonas Hill to approve the Letter of Commitment - Governor Evers Office - Great Lakes

Intertribal Food Coalition & Tribal Elder Food Box Program, seconded by Lawrence Barton. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

D.

Review the tribal members request regarding the Language Program Audit and

determine next steps (00:32:30)

Sponsor: Nancy Barton, Tribal Member

Motion by Jonas Hill to extend the public comment period for Nancy Barton for an additional two (2)

minutes, seconded by Jameson Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Motion by Jameson Wilson to accept the request from the tribal member regarding the Language

Program Audit as information; and to request to the Audit Committee provide follow-up to the tribal

member on item #2, a standard operating procedure for communication and audit status, seconded by

Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

E.

Enter the e-poll results into the record regarding the accepted Craps Rules of Play

(00:58:05)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to enter the e-poll results into the record regarding the accepted Craps Rules of

Play, seconded by Lawrence Barton. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 11

February 26, 2025

Public Packet

18 of 246

DRAFT

F.

Enter the e-poll results into the record regarding the accepted Four Card Poker

Rules of Play (00:58:26)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to enter the e-poll results into the record regarding the accepted Four Card Poker

Rules of Play, seconded by Kirby Metoxen. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

G.

Enter the e-poll results into the record regarding the accepted Mississippi Stud

Rules of Play (00:58:44)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to enter the e-poll results into the record regarding the accepted Mississippi Stud

Rules of Play, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

H.

Enter the e-poll results into the record regarding the accepted Poker Rules of Play

(00:59:04)

Sponsor: Lisa Liggins, Secretary

Motion by Jonas Hill to enter the e-poll results into the record regarding the accepted Poker Rules of

Play, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

I.

Enter the e-poll results into the record regarding the accepted Three Card Poker

Rules of Play (00:59:21)

Sponsor: Lisa Liggins, Secretary

Motion by Lawrence Barton to enter the e-poll results into the record regarding the accepted Three

Card Poker Rules of Play, seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

X.

REPORTS

A.

TRIBALLY CHARTERED ENTITIES

1.

Accept the Bay Bancorporation Inc. FY-2025 1st quarter report (01:07:40)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Lawrence Barton to accept the Bay Bancorporation Inc. FY-2025 1st quarter report,

seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 11

February 26, 2025

Public Packet

19 of 246

DRAFT

2.

Accept the Oneida ESC Group, LLC FY-2025 1st quarter report (01:10:57)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

Motion by Jameson Wilson to accept the Oneida ESC Group, LLC FY-2025 1st quarter report,

seconded by Kirby Metoxen. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

3.

Accept the Oneida Golf Enterprise FY-2025 1st quarter report (01:25:22)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Motion by Jonas Hill to accept the Oneida Golf Enterprise FY-2025 1st quarter report, seconded by

Jameson Wilson. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

XI.

GENERAL TRIBAL COUNCIL

A.

PETITIONER SHERROLE BENTON - petition # 2024-03

1.

Accept the fiscal impact statement regarding petition # 2024-03 (01:29:27)

Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer

Motion by Jonas Hill to accept the fiscal impact statement regarding petition # 2024-03, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

XII.

EXECUTIVE SESSION (01:32:38)

A.

REPORTS

1.

Accept the Intergovernmental Affairs and Self-Governance February report

(01:33:22)

Sponsor: Melinda J. Danforth, Intergovernmental Affairs Director

Motion by Jameson Wilson to accept the Intergovernmental Affairs and Self-Governance February

report, seconded by Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 7 of 11

February 26, 2025

Public Packet

20 of 246

DRAFT

2.

Accept the General Manager report (01:33:42)

Sponsor: Mark W. Powless, General Manager

Motion by Jameson Wilson to accept the General Manager report, seconded by Jonas Hill. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

3.

Accept the Bay Bancorporation Inc. FY-2025 1st quarter executive report

(01:34:00)

Sponsor: Jeff Bowman, President/Bay Bank

Motion by Jameson Wilson to accept the Bay Bancorporation Inc. FY-2025 1st quarter executive

report, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

4.

Accept the Oneida ESC Group, LLC FY-2025 1st quarter executive report

(01:34:20)

Sponsor: John Breuninger, Chair/Oneida ESC Group Board of Managers

Motion by Jameson Wilson to accept the Oneida ESC Group, LLC FY-2025 1st quarter executive

report, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

5.

Accept the Oneida Golf Enterprise FY-2025 1st quarter executive report

(01:34:34)

Sponsor: Justin Nishimoto, Agent/Oneida Golf Enterprise

Motion by Jameson Wilson to accept the Oneida Golf Enterprise FY-2025 1st quarter executive report,

seconded by Lawrence Barton Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

6.

Accept the Treasurer's January 2025 report (01:34:50)

Sponsor: Lawrence Barton, Treasurer

Motion by Jameson Wilson to accept the Treasurer's January 2025 report, seconded by Jonas Hill.

Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 8 of 11

February 26, 2025

Public Packet

21 of 246

DRAFT

7.

Accept the Economic Strategy Coordinator Tribally Chartered Entities FY-2025

1st quarter executive report (01:35:03)

Sponsor: Justin Nishimoto, Economic Strategy Coordinator

Motion by Jameson Wilson to accept the Economic Strategy Coordinator Tribally Chartered Entities

FY-2025 1st quarter executive report, seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

8.

Accept the Chief Financial Officer February 2025 report (01:35:24)

Sponsor: RaLinda Ninham-Lamberies, Chief Financial Officer

Motion by Jameson Wilson to accept the Chief Financial Officer February 2025 report, seconded by

Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

B.

AUDIT COMMITTEE

1.

Accept the January 14, 2025, regular Audit Committee meeting minutes

(01:35:43)

Sponsor: Lisa Liggins, Secretary

Motion by Jameson Wilson to accept the January 14, 2025, regular Audit Committee meeting minutes,

seconded by Lawrence Barton. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

2.

Accept the Gaming Promotions and Player Tracking Systems compliance audit

and lift the confidentiality requirement (01:35:58)

Sponsor: Lisa Liggins, Secretary

Motion by Jameson Wilson to accept the Gaming Promotions and Player Tracking Systems

compliance audit and lift the confidentiality requirement, seconded by Kirby Metoxen. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

C.

NEW BUSINESS

1.

Approve 82 new enrollments (01:36:16)

Sponsor: Jermaine Delgado, Chair/Oneida Trust Enrollment Committee

Motion by Jameson Wilson to accept the discussion and approve 82 new enrollments, seconded by

Jonas Hill. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 9 of 11

February 26, 2025

Public Packet

22 of 246

DRAFT

2.

Review applications for one (1) vacancy - Oneida Nation Veteran Affairs

Committee (01:36:30)

Sponsor: Lisa Liggins, Secretary

Motion by Jameson Wilson to accept the discussion on the applications for one (1) vacancy on the

Oneida Nation Veteran Affairs Committee as information, seconded by Lawrence Barton. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

3.

Review request regarding resolution # BC-12-11-24-C and determine next steps

(01:37:05)

Sponsor: Lisa Liggins, Secretary

Motion by Jameson Wilson to rescind Business Committee resolution # 12-11-24-C, regarding pardon

of Lorenzo Samuel Guzman; to direct the Secretary to return the pardon application with the email

dated February 20, 2025, to the Pardon and Forgiveness Screening Committee requesting a

reconsideration of the recommendation; and to direct the Secretary to provide written notice to the

applicant, seconded by Kirby Metoxen. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

4.

Accept the NFL Draft Update as information (01:37:37)

Sponsor: Justin Nishimoto, Economic Strategy Coordinator

Motion by Jameson Wilson to accept the NFL Draft Update as information, seconded by Jonas Hill.

Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

5.

Review draft Director of Commerce Development job description and determine

next steps (01:37:49)

Sponsor: Justin Nishimoto, Economic Strategy Coordinator

Motion by Jameson Wilson to accept the draft Director of Commerce job description as information; to

adopt resolution # 02-26-35-D Approval of Use of EDDCD Fund for funding the Director of Commerce

Development; and to move the resolution to open session, seconded by Lawrence Barton. Motion

carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 11

February 26, 2025

Public Packet

23 of 246

DRAFT

XIII.

ADJOURN (01:38:24)

Motion by Kirby Metoxen to adjourn at 10:10 a.m., seconded by Marlon Skenandore. Motion carried:

Ayes:

Lawrence Barton, Jonas Hill, Kirby Metoxen, Marlon Skenandore,

Jameson Wilson

Not Present:

Tehassi Hill, Lisa Liggins, Jennifer Webster

Minutes prepared by Bonnie Pigman, Information Management Specialist.

Minutes approved as presented on

.

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 11 of 11

February 26, 2025

Public Packet

24 of 246

Adopt resolution entitled Cooperative Agreement with Bureau of Indian Affairs, Midwest Region, for...

Business Committee Agenda Request

1. Meeting Date Requested:

03/26/25

2. Session:

☒ Open ☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Motion to the adopt Resolution titled “Cooperative Agreement with Bureau of Indian

Affairs, Midwest Region, for Wildland Fire Management Non-Recurring Funds.”

4. Areas potentially impacted or affected by this request:

☐ Finance

☒ Law Office

☐ Gaming/Retail

☐ Other: Describe

☒ Programs/Services

☐ DTS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Tony Kuchma, Project Manager, Environmental Land & Agriculture Division

Name, Title/Entity OR Choose from List

Name, Title/Entity OR Choose from List

Name, Title/Entity OR Choose from List

Revised: 04/25/2023

Page 1 of 2

Public Packet

25 of 246

6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☒ Legal Review

☐ Minutes

☒ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

Melinda J. Danforth, Intergovernmental Affairs Director

Primary Requestor:

Brandon Wisneski, Self-Governance Manager

Revised: 04/25/2023

Page 2 of 2

Public Packet

26 of 246

Memorandum

To:

Oneida Business Committee

From: Brandon Wisneski, Self-Governance Manager

Date: March 26, 2025

Re:

Resolution titled Cooperative Agreement with Bureau of Indian Affairs, Midwest Region,

for Wildland Fire Management Non-Recurring Funds

Background:

Oneida Nation is a Title IV Self-Governance tribe with a compact and funding agreement with the

Department of Interior’s Bureau of Indian Affairs (BIA) pursuant to Title IV of the Indian SelfDetermination and Education Assistance Act (P.L. 93-638).

In 2018, the Oneida Business Committee adopted BC Resolution 11-28-18-A, approving the

Oneida Nation Wildland Fire Management Plan (the “plan”). The plan provides a framework for

pre-fire suppression actions, fire prevention measures, and fuel modification treatment on tribal

lands. This framework protects life and property, cultural resources, wildlife and fisheries, soil

stability, and socio-economic conditions. The plan allows the Environmental, Land & Agriculture

Division to implement prescribed fire as a tool for natural resource management in accordance

with that plan, as well as the policy and guidance established by the Bureau of Indian Affairs

The Nation and the Bureau of Indian Affairs, Midwest Region, wish to enter into a Cooperative

Agreement to allow the parties to cooperate in wildland fire management activities related to

national. regional, and field programs, including activities occurring on trust lands.

The Cooperative Agreement will provide a mechanism for the Bureau of Indian Affairs, Midwest

Region, to reimburse the Nation for non-recurring expenditures for actual costs, including onetime funds, one-year only funds, project funds or one-time expenditures for wildland fire

management activities, such as the cost of fuel. The Cooperative Agreement has been reviewed by

the Law Office and assigned file #2025-0003.

Recommended Action:

Motion to the adopt Resolution titled “Cooperative Agreement with Bureau of Indian Affairs,

Midwest Region, for Wildland Fire Management Non-Recurring Funds.”

Page 1 of 1

Public Packet

27 of 246

ONEIDA LAW OFFICE

CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT

TO:

Use this number on future correspondence:

Brandon M. Wisneski

Self Governance Department

2025-0003

FROM: James R. Bittorf, Deputy Chief Counsel

James R. Bittorf

Digitally signed by James R.

Bittorf

Date: 2025.02.28 09:55:52

-06'00'

Law Office use only

9 Purchasing review not required

‫ ܆‬HRD approval needed

DATE: February 28, 2025

RE:

Bureau of Indian Affairs Midwest Region- Cooperative Agreement for Wildland Fire

Management

If you have any questions or comments regarding this review, please call 869-4327.

The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law

Office for legal content only. Please review for compliance with the current budget resolution

prior to entering said contract. Please note the following:

9 The document is in appropriate legal form. (Execution is a management decision.)

9 Requires Business Committee approval prior to execution.

Note: Business Committee Resolution number and name and contact information of tribal

representative need to be added to agreement.

Public Packet

28 of 246

CONTRACT REVIEW REQUEST FORM

This form must be filled out COMPLETELY.

General Instructions: 1. Contracts must be submitted to the Law Office no less than ten (10) business days prior to

commencement of the contract.

2. Please read the contract prior to submission. If the contract language does not make sense to

you, request an explanation from the contractor.

3. DO NOT SIGN contracts prior to attorney approval. All contracts signed or contract

services started prior to legal approval are reported to the Business Committee.

4. If you need immediate review of a contract, call the Law Office at 869-4327 PRIOR to sending

the contract.

5. Upon receipt of the contract, the Law Office will assign a file number which is located in the

top right-hand corner of the legal review. Any future communication concerning this

contract should reference this file number.

6. You will receive an e-mail notification when the review of your contract is complete.

7. All contracts must be submitted with a completed and signed Conflict of Interest Disclosure

Form.

8. SUBMIT ALL FORMS IN .PDF FORMAT

12/30/2024

Telephone:

920-680-2682

Contact Person:

Brandon Wisneski

Extension:

4281

Department:

Self Governance

Response Needed By:

Date:

Name of Contractor:

1/14/2025

Bureau of Indian Affairs Midwest Region – Cooperative Agreement for

WildODQG Fire Management Non-Recurring Funds

Contract Start Date:

Upon date of final

signature

Contract End Date:

TBD – 5 years from

signature

Does this contract have an automatic renewal clause? (Yes or No)

If yes, indicate the advance notice (in days that must be given to terminate contract.

Special Instructions, if any:

TBD Reimbursement

Contract Total Amount

No

90

Cooperative Agreement between BIA Midwest Region & Oneida Nation

for WildODQG Fire Management – Non Recurring Funds (based on

reimbursements). The agreement allows IRUOneida Environmental Land

& Agriculture Division to receive funds from BIA for prescribed burn

prep funding per the Nation’s :LOGODQG )Lre 0anagement 3lan.

Submit form as an e-mail attachment following these steps:

1.

2.

3.

days.

Go to: File > Save & Send > Send Using E-Mail > Send as PDF (opens a new mail form in GroupWise)

Fill in the “To” field with “Oneida_Law”

Attach Contract, completed and signed Conflict of Interest Disclosure Form and any other documentation

associated this contract.

Public Packet

Cooperative Agreement

Page 1 of 13

COOPERATIVE AGREEMENT

BETWEEN

BUREAU OF INDIAN AFFAIRS, MIDWEST REGION

AND

THE ONEIDA NATION, WISCONSIN

FOR

WILDLAND FIRE MANAGEMENT - NON-RECURRING FUNDS

(Based on reimbursements)

This Cooperative Agreement (“Agreement”) is entered into by the Bureau of Indian

Affairs, Midwest Region (an executive agency of the U.S. Department of the Interior,

hereinafter referred to as the “BIA”) and the Oneida Nation, Wisconsin (an organized

tribal government, hereinafter referred to as the “Nation”).

ARTICLE I – BACKGROUND AND OBJECTIVES

A. Under this Agreement, the parties will cooperate in wildland fire management

activities related to national, regional and field programs, including activities

occurring on trust lands under the BIA’s jurisdiction for which the BIA has

wildland fire management responsibilities and where approved interagency or

mutual aid agreements are in place. The suppression of structural fires, vehicle

fires, or hazardous-materials fires is not included in this Agreement.

B. This Agreement will provide a mechanism to reimburse the Nation for nonrecurring expenditures for actual costs. Equivalent funding terms include one-time

funds, one-year only funds, project funds or one-time expenditures. For purposes

of this Agreement these categories of funds will hereinafter be referred to as nonrecurring funds.

C. In order for the Nation to maintain an adequate level of readiness and capability

on Indian land, tribal wildland firefighters who carry out this Agreement must

meet the national qualification standards for wildland firefighting positions that

appear in the current National Wildfire Coordination Group (NWCG) 310-1

Wildland Fire Qualifications System Guide.

1. The Nation may agree to maintain a cadre of qualified wildland

firefighters. If the availability of local training and qualifying wildfire

management experience is limited, the off-reservation dispatch of Tribal

wildland firefighters under approved interagency or mutual aid

cooperative agreements is necessary, reasonable, and allowable for the

purpose of breath of experience, depth of qualified fire staff, training, and

obtaining and maintaining NWCG qualifications and standards. The

Nation is not required to maintain a cadre of qualified wildland firefighters

unless the Nation agrees to do so in a mutually agreed upon appendix

executed by the parties.

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Cooperative Agreement

Page 2 of 13

2. Further, no single agency, including the Nation carrying out this

Agreement, has sufficient resources to manage large, extended attack

wildland fires. Only through cooperative, reciprocal interagency

management are wildland fire management agencies able to suppress

large, extended attack wildland fires or manage public safety incidents.

Through this Agreement, the Nation participates in that portion of the

interagency large fire, extended attack management capacity the BIA

would make available to support national efforts. Without participation in

interagency support agreements, the BIA cannot fulfill its commitments,

and, without the support of its interagency partners and other Nations, the

BIA cannot provide sufficient large-incident wildland fire management to

the Nation. Therefore, the Nation may in mutually agreed upon appendix

executed by the parties assume responsibility to supply qualified fire

management staff, when they are not needed for local fire suppression

management, for national dispatch under the direction of the BIA, when

requested by the BIA or through resource orders issued by a dispatch

center. Further, the Nation may in a mutually agreed upon appendix

executed by the parties assume responsibility to train and qualify fire

management staff to large incident NWCG skill positions, even though

those positions may rarely be used for local fires.

D. The objectives of this Agreement are:

1. To participate in and administer the wildland fire management program

for activities paid for by non-recurring funds;

2. To administer the fuels management program and complete projects for

non-recurring funds on the reservation;

3. In the event the Nation agrees to maintain a cadre of qualified wildland

firefighters, to train and maintain qualified tribal employees in order to

build the depth and breadth of experience needed to develop NWCG skill

positions to have a fully functional fire program managing wildland fire

within BIA jurisdictional boundaries and, when available, supporting the

national effort in regarding wildland fire.

4. To designate procedures to reimburse the Nation for the cost of providing

wildland fire operational management (both suppression and fuels

management) and other incident management services or support for nonrecurring funds.

ARTICLE II - AUTHORITY

BIA enters into this Agreement pursuant to:

A. National Indian Forest Resources Management Act, 25 U.S.C. § 3115(a)(1)(C),

and 25 C.F.R. Part 163 Subpart E, General Forestry Regulations, Cooperative

Agreements. The National Master Interagency Agreement for Wildland Fire

Management, National Interagency Fire Center, BIA Agreement No.

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Cooperative Agreement

Page 3 of 13

AGFIRE10K101 authorizes Nations to support the national fire effort by

providing services under this Agreement.

B. Tribal Resolution No. xxx, dated xxx, 2022.

ARTICLE III – SCOPE AND STATEMENT OF WORK

A. Substantial involvement by the BIA is anticipated during the performance of

activities funded under this Agreement.

B. The parties agree that the Nation will perform or support Bureau functions in the

following areas:

1. The tasks to be accomplished under this Agreement include fire

management activities that use non-recurring funds such as suppression

funds, and one-time preparedness funds. These two categories include

one-time project funds associated with burned area rehabilitation,

emergency stabilization, hazardous fuels reduction, prevention, and other

related programs. Base or recurring funding is generally disbursed under

P.L. 93-638 contracts or Title IV compacts for Nations that manage the

preparedness/ hazardous fuels reduction program.

C. The Parties to this Agreement agree to conduct all wildland fire suppression

activities under this Agreement in accordance with Department of Interior Manual

(DM) 620 (4/10/98), 90 Indian Affairs Manual (90 IAM, Wildland Fire

Management) and the most current version of the BIA Wildland Fire and Aviation

Operations Guide (Blue Book) or succeeding Operations Guide(s), and current

National Interagency Mobilization Guide.

D. Specific responsibilities, duties and activities to be provided by the Nation will be

documented and mutually agreed to, in written proposals and incorporated as an

appendix to this Agreement (for example, the Annual Work Plan format or Task

Orders may be used). Appendices will include an activity description, objectives

and role of each party, operating plan, costs and reporting requirements. The

operating plan will be modified by mutual consent as the scope of activities

increases or decreases.

E. BIA Obligations – Federal Assistance to Nation:

1. The BIA retains authority to:

a. Approve Resource Management and Land Use Plans, Fire

Management Plans, Fire Program Management documents, National

Environmental Policy Act documents, and appropriate Wildland Fire

Decision Support System (WFDSS) decision documents.

b. Delegate authority to Incident Management Teams Burned Area

Stabilization/Rehabilitation Teams, and Incident Commanders.

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Cooperative Agreement

Page 4 of 13

c. Hire, fire and pay Emergency Fire Fighters operating under DOI

Administratively Determined Pay Plan.

d. Sponsor and administer all functions within the Incident Qualifications

and Certification Systems for Nation.

2. The BIA shall furnish the Nation with the following assistance to accomplish

the functions outlined in the appendices:

a. Serve as the technical program contact to provide technical

supervision, coordination, direction, and implementation of the

cooperative program.

b. Serve as technical advisor in fire suppression to the Nation. Technical

supervision can also be provided during an emergency situation, when

supervision is executed through the designated Incident Command

System (ICS) chain of command or if another delegation of authority

exists.

c. Coordinate, notify or make available wildland fire management

training to tribal employees sufficient for the Nation to fulfill the

agreed upon responsibilities under this Agreement. Additional

wildland fire management qualifications to support the Bureau’s

interagency incident management commitments are encouraged.

F. The Nation shall furnish the BIA with the assistance outlined in appendices, if

any, which will be mutually agreed to by the parties and attached to this

Agreement. In so doing, the Nation will:

1. Manage and carry out all administrative functions associated with the

provisions of services under this Agreement.

a. Provide qualified personnel, if available, to perform and meet

wildland fire and other funded incident management needs within

the reservation boundaries, and as requested by the BIA or other

cooperating federal or state agency outside of reservation

boundaries.

b. Personnel performing activities under this Agreement shall meet

the requirements in the 2015 Bureau of Indian Affairs/Tribal

Medical Standards Program dated Nov 26 2014 (or current

direction) and work capacity test. They shall meet the minimum

training requirements for NWCG-ICS positions, as prescribed by

the BIA and Wildland and Prescribed Fire Qualifications Guide

(PMS 310-1).

c. Provide supplies, equipment, facilities, and related services, when

available; in order to assist and help meet incident needs.

d. Follow administrative procedures identified in the NWCG

Interagency Incident Business Management Handbook.

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e. Certify that it will self-administer a motor vehicle operation policy

that promotes the safe operation of motor vehicles while

performing duties to implement the terms and conditions of this

Agreement.

f. When assigned to wildland fire incidents, assist the BIA, and

others, to achieve the desired land/resource management goals and

objectives.

g. Follow contractual requirements on the use of National Wildfire

Resources used on trust lands.

ARTICLE IV – TERM OF AGREEMENT

The Agreement will become effective upon the date of the last signature and will expire

five years from that date, unless terminated earlier per Article XII. The period from the

effective date to the expiration date is the period of performance for the Agreement. In no

event shall this Agreement extend beyond a cumulative term, including any extension, of

five (5) years.

ARTICLE V – KEY OFFICIALS

A.

Key officials are essential to ensure maximum coordination and communications

between the parties and the work being performed. They are:

For the BIA:

Grants

Management

Name:

Address:

Phone:

Email:

Grants Management Technical

Representative

Bernie Toyekoyah, Jr

Name:

Tom Remus

P.O. Box 368

Address:

402 SE 11th St

Anadarko, OK 73005

Grand Rapids, MN 55744

405-247-1652

Phone:

218-259-8658

bernie.toyekoyah@bia.gov Email:

thomas.remus@bia.gov

For the Nation:

Authorized Representative

Name:

Title:

Address:

Administration/Finance

Name:

Title:

Address:

Phone:

Email:

Phone:

Email:

B.

Communications - The Nation will address any communication regarding this

Agreement to Bernie Toyekoyah, Jr., Grants Management Specialist. The Grants

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Management Specialist is the only BIA official that may change the terms and

conditions of this Agreement through written modification. Communications that

relate solely to technical matters may be sent to the Grants Officer Technical

Representatives representing the BIA.

C.

Changes in Key Officials - The Nation may not make any permanent change in a

key official without written notice to the Grants Management Specialist in

advance of the proposed change. The notice will include a justification with

sufficient detail to permit evaluation of the impact of such a change on the scope

of work specified within this Agreement. Any permanent change in key officials

will be made only by modification to this Agreement.

ARTICLE VI – DISPUTE RESOLUTION

If the key officials are unable to resolve a dispute concerning implementation of this

Agreement within 30 days, they shall refer the dispute to the following officials, who will

confer within 15 days of the referral in order to resolve the dispute:

Bureau of Indian Affairs

Name:

Tammie Poitra

Title

Regional Director

Address:

5600 American Blvd W.

Ste. 500

Bloomington, MN 55437

Phone:

612-725-4500

Email:

tammie.poitra@bia.gov

Oneida Nation

Name:

Tehassi Hill

Title:

Chairman

Address:

N7210 Seminary Road

Oneida, WI 54155

Phone:

Email:

920-869-4364

ARTICLE VII – AWARD AND PAYMENT

A. All activities pursuant to this Agreement are subject to the availability of Federal funds.

B. The Nation will use its policies and procedures and the BIA standardized Employee

Job Classifications under this Agreement.

C. Tribal resources or services provided off-reservation can only be utilized, and costs

reimbursed, when ordered by the BIA or other cooperating federal or state agencies or

authorized under a mutual aid agreement. Tribal resources will be ordered through an

established dispatch center or designated representative. Resource orders are required

for significant incidents such as a large fire or an off-reservation dispatch.

D. Any termination shall not affect any obligations of the BIA to pay for costs incurred by

the Nation for supplies or services ordered hereunder prior to such termination.

E. This Agreement in no way obligates BIA to order any quantities of service during the

period of this Agreement.

F. Cost principles published at 2 C.F.R. part 200, subpart E are applicable to this

Agreement.

G. The BIA shall reimburse the Nation for direct wildland fire non-recurring

expenditures provided for by this Agreement and incurred by the Nation, in

accordance with Federal procedure and regulations. Appropriate expenditures will be

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determined on a case-by-case basis in accordance with federal procedures and

appropriation language. Guidance can be found in the Interagency Standards for Fire

and Aviation Operations – Chapter 6, Tribal Compacts/Contracts and 90 Indian

Affairs Manual (90 IAM, Wildland Fire Management), Guideline for Tribally

Operated Wildland Fire Management Programs memo dated April 6, 2001 or

succeeding direction. Reimbursements will be handled by direct billing between the

Nation and the BIA. The BIA will act as the administrative agent for other

cooperating agencies. Further requirements are provided in Appendix 1.

H. The BIA will reimburse the Nation for authorized, actual salary costs including

regular pay (except for base 8 for personnel paid from preparedness funding),

overtime pay, holiday, hazardous duty pay, etc., for tribal employees engaging in

non-recurring activities such as fire suppression, prescribed fire, and all risk

management work approved and requested through a Resource or Task Order under

this Agreement.

I. Authorized travel, tuition, registration costs and per diem expenses of tribal

employees are included in preparedness funding provided under this Agreement.

However, the BIA will reimburse the Nation for authorized travel, and per diem

expenses of all such persons engaged in appropriate and approved emergency

response activities under this Agreement.

J. Reimbursement for supplies and expenses to the Nation not covered under Section

VII. a., b., and c., above will be on an actual cost basis or replacement in kind, as

authorized by the Regional Fire Management Officer.

K. Reimbursement for use of appropriate tribal-owned equipment within the boundaries

of the reservation will be documented through an approved Cooperator Equipment

Rate Sheet (CERS), and accompanying documents such as Emergency Equipment

Shift Tickets (EEST), OF-297, and Emergency Equipment Fuel and Oil issue

(EEFOI), OF-304. Rental agreements between the Nation and other cooperating

agencies should be established before the fire season. Equipment available for offreservation dispatches will be through national incident procurement processes.

L. The final approval for all charges to suppression funding remains the responsibility of

the BIA. The Nation agrees to follow all procedures for hiring, dispatching, and

documenting time that are outlined in the current emergency firefighter crew plan,

current Interagency Incident Business Management Handbook, current Interagency

Standards for Fire and Fire Aviation Operations handbook, and the current National

Mobilization Guide.

M. Invoices will be submitted every 60 days, except the last 90 days of the fiscal year, or

other combinations of these similar timeframes as negotiated.

N. The Nation will maintain documentation for all suppression expenditures under this

Agreement, to include salary costs, training and travel cost, equipment cost and

purchases. This documentation will be made available to the BIA when requested.

O. Any award beyond the current fiscal year is subject to availability of funds; funds

may be provided in subsequent fiscal years if current work is satisfactory.

P. Allowable and Eligible Costs: Expenses charged against awards under this

Agreement may be incurred only as necessary to carry out the approved objectives,

scope of work, and budget.

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Q. Travel costs: For travel costs charged against awards under this Agreement, the

Nation and its officers, employees, or representatives shall follow the travel policies

in the Federal Travel Regulation and may not be reimbursed for travel costs that

exceed the standard rates. All charges for travel must conform to the applicable cost

principles.

ARTICLE VIII – BUDGET REVISION

The Nation shall follow criteria and procedures at 2 C.F.R. § 200.308 in order to:

(a) report deviations from cooperative agreement budgets and

(b) request approval for budget revisions.

ARTICLE IX – INSURANCE AND LIABILITY

Each party will be solely responsible for the acts and omissions of its officers and

employees resulting in damage or injuries to third parties to the same extent that such

party is responsible under its applicable laws and regulations.

Pursuant to 25 U.S.C. § 3115(b), Indian Nations and their employees who perform

cooperative work under the supervision of the Department of the Interior as mutually

agreed to in this Agreement shall not be deemed to be Federal employees other than for

purposes of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., and the

Federal Employees’ Compensation Act (FECA), 5 U.S.C. §§ 8101 et seq.

Nation agrees:

A.

B.

To indemnify, save and hold harmless, and defend the United States against all

fines, claims, damages, losses, judgments, and expenses arising out of, or from,

any act or omission of the Nation or Tribal personnel or members, participants,

agents, or representatives arising out of or in any way connected to activities

authorized pursuant to this Agreement, with the exception of claims, damages,

losses, judgments and expenses covered under the FTCA and the FECA. This

obligation shall survive the termination of this Agreement.

To cooperate with the BIA in the investigation and defense of any claims that may

be filed with the BIA arising out of the activities of the Nation or Tribal

cooperator, its agents or personnel.

BIA agrees:

A.

To provide worker’s compensation protection and coverage to the Nation’s

personnel or members, participants, agents or representatives working within the

scope of this Agreement and follow all United States Department of Labor rules

regarding worker’s compensation; pursuant to 25 USC 3115.

ARTICLE X – REPORTS AND/OR DELIVERABLES

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A.

B.

C.

Cooperative Agreement

Page 9 of 13

Specific projects or activities for which funds are advanced will be tracked and

reported by annual submission of a SF-425 Federal Financial Report (FFR) due

90 days after September 30 of each calendar year. A final SF-425 shall be

submitted at the completion of this Agreement. For a final SF-425, the reporting

period end date shall be the end date of the Agreement. Final reports shall be

submitted no later than 90 days after the end period date.

Nation will provide an annual performance reports in accordance with 2 C.F.R. §

200.328.

The Secretary of the Interior, Inspectors General and the Comptroller General of

the United States, or their duly authorized representatives, will have access for the

purpose of financial or programmatic review and examination to any books,

documents, papers, and records that are pertinent to the Agreement at all

reasonable times during the period of retention in accordance with 2 C.F.R. §

200.336.

ARTICLE XI – PROPERTY UTILIZATION

All tools, equipment, and facilities loaned to the Nation by BIA under this Agreement,

such as tools, equipment, and facilities will be returned in the same condition received

except for normal wear and tear in project use. Property management standards set forth

in 2 C.F.R. §§ 200.310 through 316 apply to this Agreement.

ARTICLE XII – MODIFICATION AND TERMINATION

A.

B.

This Agreement may be modified only by a written instrument executed by the

parties. Modifications will be in writing and approved by the Grants Officer and

the authorized representative of the Nation. No Modification shall be for a

cumulative term beyond five (5) years.

This Agreement may be terminated by the BIA consistent with applicable

termination provisions found in 2 C.F.R. §§ 200.339, and may be terminated by

the Nation upon ninety (90) days prior written notice to the BIA.

ARTICLE XIII – GENERAL AND SPECIAL PROVISIONS

A.

General Provisions

Regulations – The following regulations are incorporated by reference into this

Agreement:

1.

Determination of Allowable Costs:

2 CFR Part 200, Subpart E—Cost Principles

2.

Audit Requirements:

2 CFR Part 200, Subpart F—Audit Requirements

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2 CFR Part 200, Appendix XI—Compliance Supplement

3.

Code of Federal Regulations/Regulatory Requirements: (as

applicable):

a. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles,

and Audit Requirements for Federal Awards

b. 2 CFR Part 1400, NonProcurement Debarment and Suspension

c. 43 CFR Part 18, New Restrictions on Lobbying

d. 2 CFR Part 175, Award Term for Trafficking in Persons

4. Non-Discrimination: All activities pursuant to this Agreement shall be in

compliance with the requirements of Executive Order 11246, as amended;

Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42

U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of

1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination

Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other

federal laws and regulations prohibiting discrimination on grounds of race,

color, sexual orientation, national origin, disabilities, religion, age, or sex.

5. Lobbying Prohibition: 18 U.S.C. §1913, Lobbying with Appropriated

Moneys, as amended by Public Law 107-273, Nov. 2, 2002 - No part of the

money appropriated by any enactment of Congress shall, in the absence of

express authorization by Congress, be used directly or indirectly to pay for

any personal service, advertisement, telegram, telephone, letter, printed or

written matter, or other device, intended or designed to influence in any

manner a member of Congress, a jurisdiction, or an official of any

government, to favor, adopt, or oppose, by vote or otherwise, any legislation,

law, ratification, policy, or appropriation, whether before or after the

introduction of any bill, measure, or resolution proposing such legislation,

law, ratification, policy, or appropriation; but this shall not prevent officers or

employees of the United States or of its departments or agencies from

communicating to any such members or official, at his request, or to

Congress or such official, through the proper official channels, requests for

legislation, law, ratification, policy, or appropriations which they deem

necessary for the efficient conduct of the public business, or from making

any communication whose prohibition by this section might, in the opinion

of the Attorney General, violate the Constitution or interfere with the conduct

of foreign policy, counter-intelligence, intelligence, or national security

activities. Violations of this section shall constitute violations of section

1352(a) of title 31. In addition to the above, the related restrictions on the use

of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations

Act of 2008 (P.L. 110-161) also apply.

6. Anti-Deficiency Act: Pursuant to 31 U.S.C. §1341 nothing contained in this

Agreement shall be construed as binding the BIA to expend in any one fiscal

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year any sum in excess of appropriations made by Congress, for the purposes

of this Agreement for that fiscal year, or other obligation for the further

expenditure of money in excess of such appropriations.

7.

Assignment: No part of this Agreement shall be assigned to any other party

without prior written approval of the BIA and the Assignee.

8.

Member of Congress: Pursuant to 41 U.S.C. § 22, no Member of Congress

shall be admitted to any share or part of any contract or agreement made,

entered into, or adopted by or on behalf of the United States, or to any benefit

to arise thereupon.

9.

Non-Exclusive Agreement: This Agreement in no way restricts the Nation

or BIA from entering into similar agreements, or participating in similar

activities or arrangements, with other public or private agencies,

organizations, or individuals.

10. Survival: Any and all provisions which, by themselves or their nature, are

reasonably expected to be performed after the expiration or termination of

this Agreement shall survive and be enforceable after the expiration or

termination of this Agreement. Any and all liabilities, actual or contingent,

which have arisen during the term of and in connection with this Agreement

shall survive expiration or termination of this Agreement.

11. Partial Invalidity: If any provision of this Agreement or the application

thereof to any party or circumstance shall, to any extent, be held invalid or

unenforceable, the remainder of this Agreement or the application of such

provision to the parties or circumstances other than those to which it is held

invalid or unenforceable, shall not be affected thereby and each provision of

this Agreement shall be valid and be enforced to the fullest extent permitted

by law.

12. No Employment Relationship: This Agreement is not intended to and shall

not be construed to create an employment relationship between BIA or any

bureau thereof and the Nation or its Members. No Member shall perform any

function or make any decision properly reserved by law or policy to the

federal government.

13. No Third-Party Rights: This Agreement creates enforceable obligations

between only BIA and the Nation. Except as expressly provided herein, it is

not intended nor shall it be construed to create any right of enforcement by or

any duties or obligation in favor of persons or entities not a party to this

Agreement.

14. Captions and Headings: The captions, headings, article numbers and

paragraph numbers appearing in this Agreement are inserted only as a matter

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of convenience and in no way shall be construed as defining or limiting the

scope or intent of the provision of this Agreement nor in any way affecting

this Agreement.

B.

Special Provisions

1. Retention and Access Requirements for Records: All recipient financial

and programmatic records, supporting documents, statistical records, and

other grants-related records shall be maintained and available for access in

accordance with 2 C.F.R. §§ 200.333 - 337 for institutions of higher

education, hospitals, other non-profit and all other organizations.

2. Audit Requirements:

a. Non-Federal entities that expend $750,000 or more during a year

in Federal awards shall have a single or program-specific audit

conducted for that year in accordance with the Single Audit Act

Amendments of 1996 (31 U.S.C. §§ 7501-7507) and 2 C.F.R. Part

200, Subpart F.

b. Non-Federal entities that expend less than $750,000 for a fiscal

year in Federal awards are exempt from Federal audit requirements

for that year, except as noted in 2 C.F.R. § 200.501 but records

must be available for review or audit by appropriate officials of the

Federal agency, pass-through entity, and General Accounting

Office (GAO).

c. Audits shall be made by an independent auditor in accordance with

generally accepted government auditing standards covering

financial audits. Additional audit requirements applicable to this

Agreement are found at 2 C.F.R. Part 200, Subpart F and

Appendix XI to Part 200—Compliance Supplement. Additional

information on single audits is available from the Federal Audit

Clearinghouse.

3. Procurement Procedures: It is a national policy to place a fair share of

purchases with minority business firms. The Department of the Interior is

strongly committed to the objectives of this policy and encourages all

recipients of its grants and cooperative agreements to take affirmative

steps to ensure such fairness. Positive efforts shall be made by recipients

to utilize small businesses, minority-owned firms, and women's business

enterprises, whenever possible. Recipients of Federal awards shall take all

of the following steps to further this goal:

a. Ensure that small businesses, minority-owned firms, and women's

business enterprises are used to the fullest extent practicable.

b. Make information on forthcoming opportunities available and

arrange time frames for purchases and contracts to encourage and

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facilitate participation by small businesses, minority-owned firms,

and women's business enterprises.

c. Consider in the contract process whether firms competing for

larger contracts intend to subcontract with small businesses,

minority-owned firms, and women's business enterprises.

d. Encourage contracting with consortiums of small businesses,

minority-owned firms and women's business enterprises when a

contract is too large for one of these firms to handle individually.

e. Use the services and assistance, as appropriate, of such

organizations as the Small Business Development Agency in the

solicitation and utilization of small business, minority-owned firms

and women's business enterprises.

4. Prohibition on Text Messaging and Using Electronic Equipment

Supplied by the Government while Driving: Executive Order 13513,

Federal Leadership On Reducing Text Messaging While Driving, was

signed by President Barack Obama on October 1, 2009 (ref.:

http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive

Order introduces a Federal Government-wide prohibition on the use of

text messaging while driving on official business or while using

Government-supplied equipment. Additional guidance enforcing the ban

will be issued at a later date. In the meantime, please adopt and enforce

policies that immediately ban text messaging while driving companyowned or –rented vehicles, government-owned or leased vehicles, or while

driving privately owned vehicles when on official government business or

when performing any work for or on behalf of the government.

In WITNESS WHEREOF, the parties hereto have executed this Agreement on the date of

the final signature shown below:

Approved:

Chairman, Tehassi Hill

DUNS Number: 798227278

Approved:

Tammie Poitra

Director, Midwest Region

Bureau of Indian Affairs

Date

Date

Approved: ________________________________________________________

Bernie Toyekoyah, Jr

Date

Grants Management Specialist

Bureau of Indian Affairs

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ONEIDA LAW OFFICE

CONFIDENTIAL: ATTORNEY/CLIENT WORK PRODUCT

TO:

Use this number on future correspondence:

Brandon M. Wisneski

Self Governance Department

2025-0003

FROM: James R. Bittorf, Deputy Chief Counsel

Law Office use only

 Purchasing review not required

☐ HRD approval needed

DATE: February 28, 2025

RE:

Bureau of Indian Affairs Midwest Region- Cooperative Agreement for Wildland Fire

Management

If you have any questions or comments regarding this review, please call 869-4327.

The attached agreement, contract, policy and/or guaranty has been reviewed by the Oneida Law

Office for legal content only. Please review for compliance with the current budget resolution

prior to entering said contract. Please note the following:

 The document is in appropriate legal form. (Execution is a management decision.)

 Requires Business Committee approval prior to execution.

Note: Business Committee Resolution number and name and contact information of tribal

representative need to be added to agreement.

Public Packet

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CONTRACT REVIEW REQUEST FORM

This form must be filled out COMPLETELY.

General Instructions: 1. Contracts must be submitted to the Law Office no less than ten (10) business days prior to

commencement of the contract.

2. Please read the contract prior to submission. If the contract language does not make sense to

you, request an explanation from the contractor.

3. DO NOT SIGN contracts prior to attorney approval. All contracts signed or contract

services started prior to legal approval are reported to the Business Committee.

4. If you need immediate review of a contract, call the Law Office at 869-4327 PRIOR to sending

the contract.

5. Upon receipt of the contract, the Law Office will assign a file number which is located in the

top right-hand corner of the legal review. Any future communication concerning this

contract should reference this file number.

6. You will receive an e-mail notification when the review of your contract is complete.

7. All contracts must be submitted with a completed and signed Conflict of Interest Disclosure

Form.

8. SUBMIT ALL FORMS IN .PDF FORMAT

12/30/2024

Telephone:

920-680-2682

Contact Person:

Brandon Wisneski

Extension:

4281

Department:

Self Governance

Response Needed By:

Date:

Name of Contractor:

1/14/2025

Bureau of Indian Affairs Midwest Region – Cooperative Agreement for

Wildland Fire Management Non-Recurring Funds

Contract Start Date:

Upon date of final

signature

Contract End Date:

TBD – 5 years from

signature

Does this contract have an automatic renewal clause? (Yes or No)

If yes, indicate the advance notice (in days that must be given to terminate contract.

Special Instructions, if any:

TBD Reimbursement

Contract Total Amount

No

90

Cooperative Agreement between BIA Midwest Region & Oneida Nation

for Wildland Fire Management – Non Recurring Funds (based on

reimbursements). The agreement allows for Oneida Environmental Land

& Agriculture Division to receive funds from BIA for prescribed burn

prep funding per the Nation’s Wildland Fire Management Plan.

Submit form as an e-mail attachment following these steps:

1.

2.

3.

days.

Go to: File > Save & Send > Send Using E-Mail > Send as PDF (opens a new mail form in GroupWise)

Fill in the “To” field with “Oneida_Law”

Attach Contract, completed and signed Conflict of Interest Disclosure Form and any other documentation

associated this contract.

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Cooperative Agreement

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COOPERATIVE AGREEMENT

BETWEEN

BUREAU OF INDIAN AFFAIRS, MIDWEST REGION

AND

THE ONEIDA NATION, WISCONSIN

FOR

WILDLAND FIRE MANAGEMENT - NON-RECURRING FUNDS

(Based on reimbursements)

This Cooperative Agreement (“Agreement”) is entered into by the Bureau of Indian

Affairs, Midwest Region (an executive agency of the U.S. Department of the Interior,

hereinafter referred to as the “BIA”) and the Oneida Nation, Wisconsin (an organized

tribal government, hereinafter referred to as the “Nation”).

ARTICLE I – BACKGROUND AND OBJECTIVES

A. Under this Agreement, the parties will cooperate in wildland fire management

activities related to national, regional and field programs, including activities

occurring on trust lands under the BIA’s jurisdiction for which the BIA has

wildland fire management responsibilities and where approved interagency or

mutual aid agreements are in place. The suppression of structural fires, vehicle

fires, or hazardous-materials fires is not included in this Agreement.

B. This Agreement will provide a mechanism to reimburse the Nation for nonrecurring expenditures for actual costs. Equivalent funding terms include one-time

funds, one-year only funds, project funds or one-time expenditures. For purposes

of this Agreement these categories of funds will hereinafter be referred to as nonrecurring funds.

C. In order for the Nation to maintain an adequate level of readiness and capability

on Indian land, tribal wildland firefighters who carry out this Agreement must

meet the national qualification standards for wildland firefighting positions that

appear in the current National Wildfire Coordination Group (NWCG) 310-1

Wildland Fire Qualifications System Guide.

1. The Nation may agree to maintain a cadre of qualified wildland

firefighters. If the availability of local training and qualifying wildfire

management experience is limited, the off-reservation dispatch of Tribal

wildland firefighters under approved interagency or mutual aid

cooperative agreements is necessary, reasonable, and allowable for the

purpose of breath of experience, depth of qualified fire staff, training, and

obtaining and maintaining NWCG qualifications and standards. The

Nation is not required to maintain a cadre of qualified wildland firefighters

unless the Nation agrees to do so in a mutually agreed upon appendix

executed by the parties.

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2. Further, no single agency, including the Nation carrying out this

Agreement, has sufficient resources to manage large, extended attack

wildland fires. Only through cooperative, reciprocal interagency

management are wildland fire management agencies able to suppress

large, extended attack wildland fires or manage public safety incidents.

Through this Agreement, the Nation participates in that portion of the

interagency large fire, extended attack management capacity the BIA

would make available to support national efforts. Without participation in

interagency support agreements, the BIA cannot fulfill its commitments,

and, without the support of its interagency partners and other Nations, the

BIA cannot provide sufficient large-incident wildland fire management to

the Nation. Therefore, the Nation may in mutually agreed upon appendix

executed by the parties assume responsibility to supply qualified fire

management staff, when they are not needed for local fire suppression

management, for national dispatch under the direction of the BIA, when

requested by the BIA or through resource orders issued by a dispatch

center. Further, the Nation may in a mutually agreed upon appendix

executed by the parties assume responsibility to train and qualify fire

management staff to large incident NWCG skill positions, even though

those positions may rarely be used for local fires.

D. The objectives of this Agreement are:

1. To participate in and administer the wildland fire management program

for activities paid for by non-recurring funds;

2. To administer the fuels management program and complete projects for

non-recurring funds on the reservation;

3. In the event the Nation agrees to maintain a cadre of qualified wildland

firefighters, to train and maintain qualified tribal employees in order to

build the depth and breadth of experience needed to develop NWCG skill

positions to have a fully functional fire program managing wildland fire

within BIA jurisdictional boundaries and, when available, supporting the

national effort in regarding wildland fire.

4. To designate procedures to reimburse the Nation for the cost of providing

wildland fire operational management (both suppression and fuels

management) and other incident management services or support for nonrecurring funds.

ARTICLE II - AUTHORITY

BIA enters into this Agreement pursuant to:

A. National Indian Forest Resources Management Act, 25 U.S.C. § 3115(a)(1)(C),

and 25 C.F.R. Part 163 Subpart E, General Forestry Regulations, Cooperative

Agreements. The National Master Interagency Agreement for Wildland Fire

Management, National Interagency Fire Center, BIA Agreement No.

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AGFIRE10K101 authorizes Nations to support the national fire effort by

providing services under this Agreement.

B. Tribal Resolution No. xxx, dated xxx, 2022.

ARTICLE III – SCOPE AND STATEMENT OF WORK

A. Substantial involvement by the BIA is anticipated during the performance of

activities funded under this Agreement.

B. The parties agree that the Nation will perform or support Bureau functions in the

following areas:

1. The tasks to be accomplished under this Agreement include fire

management activities that use non-recurring funds such as suppression

funds, and one-time preparedness funds. These two categories include

one-time project funds associated with burned area rehabilitation,

emergency stabilization, hazardous fuels reduction, prevention, and other

related programs. Base or recurring funding is generally disbursed under

P.L. 93-638 contracts or Title IV compacts for Nations that manage the

preparedness/ hazardous fuels reduction program.

C. The Parties to this Agreement agree to conduct all wildland fire suppression

activities under this Agreement in accordance with Department of Interior Manual

(DM) 620 (4/10/98), 90 Indian Affairs Manual (90 IAM, Wildland Fire

Management) and the most current version of the BIA Wildland Fire and Aviation

Operations Guide (Blue Book) or succeeding Operations Guide(s), and current

National Interagency Mobilization Guide.

D. Specific responsibilities, duties and activities to be provided by the Nation will be

documented and mutually agreed to, in written proposals and incorporated as an

appendix to this Agreement (for example, the Annual Work Plan format or Task

Orders may be used). Appendices will include an activity description, objectives

and role of each party, operating plan, costs and reporting requirements. The

operating plan will be modified by mutual consent as the scope of activities

increases or decreases.

E. BIA Obligations – Federal Assistance to Nation:

1. The BIA retains authority to:

a. Approve Resource Management and Land Use Plans, Fire

Management Plans, Fire Program Management documents, National

Environmental Policy Act documents, and appropriate Wildland Fire

Decision Support System (WFDSS) decision documents.

b. Delegate authority to Incident Management Teams Burned Area

Stabilization/Rehabilitation Teams, and Incident Commanders.

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c. Hire, fire and pay Emergency Fire Fighters operating under DOI

Administratively Determined Pay Plan.

d. Sponsor and administer all functions within the Incident Qualifications

and Certification Systems for Nation.

2. The BIA shall furnish the Nation with the following assistance to accomplish

the functions outlined in the appendices:

a. Serve as the technical program contact to provide technical

supervision, coordination, direction, and implementation of the

cooperative program.

b. Serve as technical advisor in fire suppression to the Nation. Technical

supervision can also be provided during an emergency situation, when

supervision is executed through the designated Incident Command

System (ICS) chain of command or if another delegation of authority

exists.

c. Coordinate, notify or make available wildland fire management

training to tribal employees sufficient for the Nation to fulfill the

agreed upon responsibilities under this Agreement. Additional

wildland fire management qualifications to support the Bureau’s

interagency incident management commitments are encouraged.

F. The Nation shall furnish the BIA with the assistance outlined in appendices, if

any, which will be mutually agreed to by the parties and attached to this

Agreement. In so doing, the Nation will:

1. Manage and carry out all administrative functions associated with the

provisions of services under this Agreement.

a. Provide qualified personnel, if available, to perform and meet

wildland fire and other funded incident management needs within

the reservation boundaries, and as requested by the BIA or other

cooperating federal or state agency outside of reservation

boundaries.

b. Personnel performing activities under this Agreement shall meet

the requirements in the 2015 Bureau of Indian Affairs/Tribal

Medical Standards Program dated Nov 26 2014 (or current

direction) and work capacity test. They shall meet the minimum

training requirements for NWCG-ICS positions, as prescribed by

the BIA and Wildland and Prescribed Fire Qualifications Guide

(PMS 310-1).

c. Provide supplies, equipment, facilities, and related services, when

available; in order to assist and help meet incident needs.

d. Follow administrative procedures identified in the NWCG

Interagency Incident Business Management Handbook.

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e. Certify that it will self-administer a motor vehicle operation policy

that promotes the safe operation of motor vehicles while

performing duties to implement the terms and conditions of this

Agreement.

f. When assigned to wildland fire incidents, assist the BIA, and

others, to achieve the desired land/resource management goals and

objectives.

g. Follow contractual requirements on the use of National Wildfire

Resources used on trust lands.

ARTICLE IV – TERM OF AGREEMENT

The Agreement will become effective upon the date of the last signature and will expire

five years from that date, unless terminated earlier per Article XII. The period from the

effective date to the expiration date is the period of performance for the Agreement. In no

event shall this Agreement extend beyond a cumulative term, including any extension, of

five (5) years.

ARTICLE V – KEY OFFICIALS

A.

Key officials are essential to ensure maximum coordination and communications

between the parties and the work being performed. They are:

For the BIA:

Grants

Management

Name:

Address:

Phone:

Email:

Grants Management Technical

Representative

Bernie Toyekoyah, Jr

Name:

Tom Remus

P.O. Box 368

Address:

402 SE 11th St

Anadarko, OK 73005

Grand Rapids, MN 55744

405-247-1652

Phone:

218-259-8658

bernie.toyekoyah@bia.gov Email:

thomas.remus@bia.gov

For the Nation:

Authorized Representative

Name:

Title:

Address:

Administration/Finance

Name:

Title:

Address:

Phone:

Email:

Phone:

Email:

B.

Communications - The Nation will address any communication regarding this

Agreement to Bernie Toyekoyah, Jr., Grants Management Specialist. The Grants

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Management Specialist is the only BIA official that may change the terms and

conditions of this Agreement through written modification. Communications that

relate solely to technical matters may be sent to the Grants Officer Technical

Representatives representing the BIA.

C.

Changes in Key Officials - The Nation may not make any permanent change in a

key official without written notice to the Grants Management Specialist in

advance of the proposed change. The notice will include a justification with

sufficient detail to permit evaluation of the impact of such a change on the scope

of work specified within this Agreement. Any permanent change in key officials

will be made only by modification to this Agreement.

ARTICLE VI – DISPUTE RESOLUTION

If the key officials are unable to resolve a dispute concerning implementation of this

Agreement within 30 days, they shall refer the dispute to the following officials, who will

confer within 15 days of the referral in order to resolve the dispute:

Bureau of Indian Affairs

Name:

Tammie Poitra

Title

Regional Director

Address:

5600 American Blvd W.

Ste. 500

Bloomington, MN 55437

Phone:

612-725-4500

Email:

tammie.poitra@bia.gov

Oneida Nation

Name:

Tehassi Hill

Title:

Chairman

Address:

N7210 Seminary Road

Oneida, WI 54155

Phone:

Email:

920-869-4364

ARTICLE VII – AWARD AND PAYMENT

A. All activities pursuant to this Agreement are subject to the availability of Federal funds.

B. The Nation will use its policies and procedures and the BIA standardized Employee

Job Classifications under this Agreement.

C. Tribal resources or services provided off-reservation can only be utilized, and costs

reimbursed, when ordered by the BIA or other cooperating federal or state agencies or

authorized under a mutual aid agreement. Tribal resources will be ordered through an

established dispatch center or designated representative. Resource orders are required

for significant incidents such as a large fire or an off-reservation dispatch.

D. Any termination shall not affect any obligations of the BIA to pay for costs incurred by

the Nation for supplies or services ordered hereunder prior to such termination.

E. This Agreement in no way obligates BIA to order any quantities of service during the

period of this Agreement.

F. Cost principles published at 2 C.F.R. part 200, subpart E are applicable to this

Agreement.

G. The BIA shall reimburse the Nation for direct wildland fire non-recurring

expenditures provided for by this Agreement and incurred by the Nation, in

accordance with Federal procedure and regulations. Appropriate expenditures will be

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determined on a case-by-case basis in accordance with federal procedures and

appropriation language. Guidance can be found in the Interagency Standards for Fire

and Aviation Operations – Chapter 6, Tribal Compacts/Contracts and 90 Indian

Affairs Manual (90 IAM, Wildland Fire Management), Guideline for Tribally

Operated Wildland Fire Management Programs memo dated April 6, 2001 or

succeeding direction. Reimbursements will be handled by direct billing between the

Nation and the BIA. The BIA will act as the administrative agent for other

cooperating agencies. Further requirements are provided in Appendix 1.

H. The BIA will reimburse the Nation for authorized, actual salary costs including

regular pay (except for base 8 for personnel paid from preparedness funding),

overtime pay, holiday, hazardous duty pay, etc., for tribal employees engaging in

non-recurring activities such as fire suppression, prescribed fire, and all risk

management work approved and requested through a Resource or Task Order under

this Agreement.

I. Authorized travel, tuition, registration costs and per diem expenses of tribal

employees are included in preparedness funding provided under this Agreement.

However, the BIA will reimburse the Nation for authorized travel, and per diem

expenses of all such persons engaged in appropriate and approved emergency

response activities under this Agreement.

J. Reimbursement for supplies and expenses to the Nation not covered under Section

VII. a., b., and c., above will be on an actual cost basis or replacement in kind, as

authorized by the Regional Fire Management Officer.

K. Reimbursement for use of appropriate tribal-owned equipment within the boundaries

of the reservation will be documented through an approved Cooperator Equipment

Rate Sheet (CERS), and accompanying documents such as Emergency Equipment

Shift Tickets (EEST), OF-297, and Emergency Equipment Fuel and Oil issue

(EEFOI), OF-304. Rental agreements between the Nation and other cooperating

agencies should be established before the fire season. Equipment available for offreservation dispatches will be through national incident procurement processes.

L. The final approval for all charges to suppression funding remains the responsibility of

the BIA. The Nation agrees to follow all procedures for hiring, dispatching, and

documenting time that are outlined in the current emergency firefighter crew plan,

current Interagency Incident Business Management Handbook, current Interagency

Standards for Fire and Fire Aviation Operations handbook, and the current National

Mobilization Guide.

M. Invoices will be submitted every 60 days, except the last 90 days of the fiscal year, or

other combinations of these similar timeframes as negotiated.

N. The Nation will maintain documentation for all suppression expenditures under this

Agreement, to include salary costs, training and travel cost, equipment cost and

purchases. This documentation will be made available to the BIA when requested.

O. Any award beyond the current fiscal year is subject to availability of funds; funds

may be provided in subsequent fiscal years if current work is satisfactory.

P. Allowable and Eligible Costs: Expenses charged against awards under this

Agreement may be incurred only as necessary to carry out the approved objectives,

scope of work, and budget.

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Q. Travel costs: For travel costs charged against awards under this Agreement, the

Nation and its officers, employees, or representatives shall follow the travel policies

in the Federal Travel Regulation and may not be reimbursed for travel costs that

exceed the standard rates. All charges for travel must conform to the applicable cost

principles.

ARTICLE VIII – BUDGET REVISION

The Nation shall follow criteria and procedures at 2 C.F.R. § 200.308 in order to:

(a) report deviations from cooperative agreement budgets and

(b) request approval for budget revisions.

ARTICLE IX – INSURANCE AND LIABILITY

Each party will be solely responsible for the acts and omissions of its officers and

employees resulting in damage or injuries to third parties to the same extent that such

party is responsible under its applicable laws and regulations.

Pursuant to 25 U.S.C. § 3115(b), Indian Nations and their employees who perform

cooperative work under the supervision of the Department of the Interior as mutually

agreed to in this Agreement shall not be deemed to be Federal employees other than for

purposes of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671 et seq., and the

Federal Employees’ Compensation Act (FECA), 5 U.S.C. §§ 8101 et seq.

Nation agrees:

A.

B.

To indemnify, save and hold harmless, and defend the United States against all

fines, claims, damages, losses, judgments, and expenses arising out of, or from,

any act or omission of the Nation or Tribal personnel or members, participants,

agents, or representatives arising out of or in any way connected to activities

authorized pursuant to this Agreement, with the exception of claims, damages,

losses, judgments and expenses covered under the FTCA and the FECA. This

obligation shall survive the termination of this Agreement.

To cooperate with the BIA in the investigation and defense of any claims that may

be filed with the BIA arising out of the activities of the Nation or Tribal

cooperator, its agents or personnel.

BIA agrees:

A.

To provide worker’s compensation protection and coverage to the Nation’s

personnel or members, participants, agents or representatives working within the

scope of this Agreement and follow all United States Department of Labor rules

regarding worker’s compensation; pursuant to 25 USC 3115.

ARTICLE X – REPORTS AND/OR DELIVERABLES

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B.

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Specific projects or activities for which funds are advanced will be tracked and

reported by annual submission of a SF-425 Federal Financial Report (FFR) due

90 days after September 30 of each calendar year. A final SF-425 shall be

submitted at the completion of this Agreement. For a final SF-425, the reporting

period end date shall be the end date of the Agreement. Final reports shall be

submitted no later than 90 days after the end period date.

Nation will provide an annual performance reports in accordance with 2 C.F.R. §

200.328.

The Secretary of the Interior, Inspectors General and the Comptroller General of

the United States, or their duly authorized representatives, will have access for the

purpose of financial or programmatic review and examination to any books,

documents, papers, and records that are pertinent to the Agreement at all

reasonable times during the period of retention in accordance with 2 C.F.R. §

200.336.

ARTICLE XI – PROPERTY UTILIZATION

All tools, equipment, and facilities loaned to the Nation by BIA under this Agreement,

such as tools, equipment, and facilities will be returned in the same condition received

except for normal wear and tear in project use. Property management standards set forth

in 2 C.F.R. §§ 200.310 through 316 apply to this Agreement.

ARTICLE XII – MODIFICATION AND TERMINATION

A.

B.

This Agreement may be modified only by a written instrument executed by the

parties. Modifications will be in writing and approved by the Grants Officer and

the authorized representative of the Nation. No Modification shall be for a

cumulative term beyond five (5) years.

This Agreement may be terminated by the BIA consistent with applicable

termination provisions found in 2 C.F.R. §§ 200.339, and may be terminated by

the Nation upon ninety (90) days prior written notice to the BIA.

ARTICLE XIII – GENERAL AND SPECIAL PROVISIONS

A.

General Provisions

Regulations – The following regulations are incorporated by reference into this

Agreement:

Determination of Allowable Costs:

1.

2 CFR Part 200, Subpart E—Cost Principles

Audit Requirements:

2 CFR Part 200, Subpart F—Audit Requirements

2.

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2 CFR Part 200, Appendix XI—Compliance Supplement

3.

Code of Federal Regulations/Regulatory Requirements: (as

applicable):

a. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles,

and Audit Requirements for Federal Awards

b. 2 CFR Part 1400, NonProcurement Debarment and Suspension

c. 43 CFR Part 18, New Restrictions on Lobbying

d. 2 CFR Part 175, Award Term for Trafficking in Persons

4. Non-Discrimination: All activities pursuant to this Agreement shall be in

compliance with the requirements of Executive Order 11246, as amended;

Title VI of the Civil Rights Act of 1964, as amended, (78 Stat. 252; 42

U.S.C. §§2000d et seq.); Title V, Section 504 of the Rehabilitation Act of

1973, as amended, (87 Stat. 394; 29 U.S.C. §794); the Age Discrimination

Act of 1975 (89 Stat. 728; 42 U.S.C. §§6101 et seq.); and with all other

federal laws and regulations prohibiting discrimination on grounds of race,

color, sexual orientation, national origin, disabilities, religion, age, or sex.

5. Lobbying Prohibition: 18 U.S.C. §1913, Lobbying with Appropriated

Moneys, as amended by Public Law 107-273, Nov. 2, 2002 - No part of the

money appropriated by any enactment of Congress shall, in the absence of

express authorization by Congress, be used directly or indirectly to pay for

any personal service, advertisement, telegram, telephone, letter, printed or

written matter, or other device, intended or designed to influence in any

manner a member of Congress, a jurisdiction, or an official of any

government, to favor, adopt, or oppose, by vote or otherwise, any legislation,

law, ratification, policy, or appropriation, whether before or after the

introduction of any bill, measure, or resolution proposing such legislation,

law, ratification, policy, or appropriation; but this shall not prevent officers or

employees of the United States or of its departments or agencies from

communicating to any such members or official, at his request, or to

Congress or such official, through the proper official channels, requests for

legislation, law, ratification, policy, or appropriations which they deem

necessary for the efficient conduct of the public business, or from making

any communication whose prohibition by this section might, in the opinion

of the Attorney General, violate the Constitution or interfere with the conduct

of foreign policy, counter-intelligence, intelligence, or national security

activities. Violations of this section shall constitute violations of section

1352(a) of title 31. In addition to the above, the related restrictions on the use

of appropriated funds found in Div. F, § 402 of the Omnibus Appropriations

Act of 2008 (P.L. 110-161) also apply.

6. Anti-Deficiency Act: Pursuant to 31 U.S.C. §1341 nothing contained in this

Agreement shall be construed as binding the BIA to expend in any one fiscal

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year any sum in excess of appropriations made by Congress, for the purposes

of this Agreement for that fiscal year, or other obligation for the further

expenditure of money in excess of such appropriations.

7.

Assignment: No part of this Agreement shall be assigned to any other party

without prior written approval of the BIA and the Assignee.

8.

Member of Congress: Pursuant to 41 U.S.C. § 22, no Member of Congress

shall be admitted to any share or part of any contract or agreement made,

entered into, or adopted by or on behalf of the United States, or to any benefit

to arise thereupon.

9.

Non-Exclusive Agreement: This Agreement in no way restricts the Nation

or BIA from entering into similar agreements, or participating in similar

activities or arrangements, with other public or private agencies,

organizations, or individuals.

10. Survival: Any and all provisions which, by themselves or their nature, are

reasonably expected to be performed after the expiration or termination of

this Agreement shall survive and be enforceable after the expiration or

termination of this Agreement. Any and all liabilities, actual or contingent,

which have arisen during the term of and in connection with this Agreement

shall survive expiration or termination of this Agreement.

11. Partial Invalidity: If any provision of this Agreement or the application

thereof to any party or circumstance shall, to any extent, be held invalid or

unenforceable, the remainder of this Agreement or the application of such

provision to the parties or circumstances other than those to which it is held

invalid or unenforceable, shall not be affected thereby and each provision of

this Agreement shall be valid and be enforced to the fullest extent permitted

by law.

12. No Employment Relationship: This Agreement is not intended to and shall

not be construed to create an employment relationship between BIA or any

bureau thereof and the Nation or its Members. No Member shall perform any

function or make any decision properly reserved by law or policy to the

federal government.

13. No Third-Party Rights: This Agreement creates enforceable obligations

between only BIA and the Nation. Except as expressly provided herein, it is

not intended nor shall it be construed to create any right of enforcement by or

any duties or obligation in favor of persons or entities not a party to this

Agreement.

14. Captions and Headings: The captions, headings, article numbers and

paragraph numbers appearing in this Agreement are inserted only as a matter

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of convenience and in no way shall be construed as defining or limiting the

scope or intent of the provision of this Agreement nor in any way affecting

this Agreement.

B.

Special Provisions

1. Retention and Access Requirements for Records: All recipient financial

and programmatic records, supporting documents, statistical records, and

other grants-related records shall be maintained and available for access in

accordance with 2 C.F.R. §§ 200.333 - 337 for institutions of higher

education, hospitals, other non-profit and all other organizations.

2. Audit Requirements:

a. Non-Federal entities that expend $750,000 or more during a year

in Federal awards shall have a single or program-specific audit

conducted for that year in accordance with the Single Audit Act

Amendments of 1996 (31 U.S.C. §§ 7501-7507) and 2 C.F.R. Part

200, Subpart F.

b. Non-Federal entities that expend less than $750,000 for a fiscal

year in Federal awards are exempt from Federal audit requirements

for that year, except as noted in 2 C.F.R. § 200.501 but records

must be available for review or audit by appropriate officials of the

Federal agency, pass-through entity, and General Accounting

Office (GAO).

c. Audits shall be made by an independent auditor in accordance with

generally accepted government auditing standards covering

financial audits. Additional audit requirements applicable to this

Agreement are found at 2 C.F.R. Part 200, Subpart F and

Appendix XI to Part 200—Compliance Supplement. Additional

information on single audits is available from the Federal Audit

Clearinghouse.

3. Procurement Procedures: It is a national policy to place a fair share of

purchases with minority business firms. The Department of the Interior is

strongly committed to the objectives of this policy and encourages all

recipients of its grants and cooperative agreements to take affirmative

steps to ensure such fairness. Positive efforts shall be made by recipients

to utilize small businesses, minority-owned firms, and women's business

enterprises, whenever possible. Recipients of Federal awards shall take all

of the following steps to further this goal:

a. Ensure that small businesses, minority-owned firms, and women's

business enterprises are used to the fullest extent practicable.

b. Make information on forthcoming opportunities available and

arrange time frames for purchases and contracts to encourage and

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facilitate participation by small businesses, minority-owned firms,

and women's business enterprises.

c. Consider in the contract process whether firms competing for

larger contracts intend to subcontract with small businesses,

minority-owned firms, and women's business enterprises.

d. Encourage contracting with consortiums of small businesses,

minority-owned firms and women's business enterprises when a

contract is too large for one of these firms to handle individually.

e. Use the services and assistance, as appropriate, of such

organizations as the Small Business Development Agency in the

solicitation and utilization of small business, minority-owned firms

and women's business enterprises.

4. Prohibition on Text Messaging and Using Electronic Equipment

Supplied by the Government while Driving: Executive Order 13513,

Federal Leadership On Reducing Text Messaging While Driving, was

signed by President Barack Obama on October 1, 2009 (ref.:

http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive

Order introduces a Federal Government-wide prohibition on the use of

text messaging while driving on official business or while using

Government-supplied equipment. Additional guidance enforcing the ban

will be issued at a later date. In the meantime, please adopt and enforce

policies that immediately ban text messaging while driving companyowned or –rented vehicles, government-owned or leased vehicles, or while

driving privately owned vehicles when on official government business or

when performing any work for or on behalf of the government.

In WITNESS WHEREOF, the parties hereto have executed this Agreement on the date of

the final signature shown below:

Approved:

Chairman, Tehassi Hill

DUNS Number: 798227278

Approved:

Tammie Poitra

Director, Midwest Region

Bureau of Indian Affairs

Date

Date

Approved: ________________________________________________________

Bernie Toyekoyah, Jr

Date

Grants Management Specialist

Bureau of Indian Affairs

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # Leave this line blank

Cooperative Agreement with Bureau of Indian Affairs, Midwest Region, for Wildland Fire

Management Non-Recurring Funds

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 Oneida Environmental, Land & Agriculture Division protects, preserves, and improves

the natural and built environments to enhance quality of life for the Oneida Community;

and

WHEREAS,

The Oneida Nation 2011 Integrated Resource Management Plan (a/k/a “Live, Sustain,

Grow Plan”) identifies goals and objectives related to the management of Forest, Wetlands,

and other Natural Resource Communities; and

WHEREAS,

the Oneida Business Committee adopted BC Resolution # 11-28-18-A Oneida Nation

Wildland Fire Management Plan; and

WHEREAS,

the Oneida Nation Wildland Fire Management Plan provides the framework for pre-fire

suppression actions, fire prevention measures, and fuel modification treatment on tribal

lands. This framework is necessary to protect life and property, cultural resources, wildlife

and fisheries, soil stability, and local socio-economic conditions; and

WHEREAS,

the Oneida Nation Wildland Fire Management Plan allows the Environmental, Land &

Agriculture Division to implement prescribed fire as a tool for natural resource management

in accordance with that plan, as well as the policy and guidance established by the Bureau

of Indian Affairs; and

WHEREAS,

the Nation wishes to enter into a Cooperative Agreement with the Bureau of Indian Affairs,

Midwest Region, to allow the parties to cooperate in wildland fire management activities

related to national, regional and field programs, including activities occurring on trust lands;

and

WHEREAS,

this Agreement will provide a mechanism for the Bureau of Indian Affairs, Midwest Region,

to reimburse the Nation for non- recurring expenditures for actual costs, including one-time

funds, one-year only funds, project funds or one-time expenditures for wildland fire

management activities; and

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BC Resolution # _________

Cooperative Agreement with Bureau of Indian Affairs, Midwest Region, for Wildland Fire

Management Non-Recurring Funds

Page 2 of 2

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NOW THEREFORE BE IT RESOLVED, the Cooperative Agreement between the Bureau of Indian Affairs,

Midwest Region, and the Oneida Nation for Wildland Fire Management Non-Recurring Funds is hereby

approved;

NOW THEREFORE BE IT FURTHER RESOLVED, the Cooperative Agreement shall be updated to add

reference to this resolution at Article II-B, and the Nation’s Environmental, Land & Agriculture Division

Director and Project Manager shall be identified as Authorized Representatives at Article V-A.

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Adopt resolution entitled Fiscal Year 2026 Budget Considerations and Calendar

Business Committee Agenda Request

1. Meeting Date Requested:

03/26/25

2. Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Approve the budget calendar & guidelines

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☐ Programs/Services

☐ DTS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

RaLinda Ninham-Lamberies, Chief Financial Officer

Rae Skenandore, Sr. Analyst/Budget Coordinator

Melissa Alvarado, Budget Manager

Name, Title/Entity OR Choose from List

Revised: 01/07/2025

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6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☒ Resolution

☐ Rule (adoption packet)

☒ Statement of Effect

☐ Travel Documents

7. Budget Information:

☒ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☒ Budgeted – Grant Funded

☐ Not Applicable

8. Submission:

Authorized Sponsor:

Lawrence Barton, Treasurer

Primary Requestor:

RaLinda Ninham-Lamberies, CFO

Revised: 01/07/2025

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MEMORANDUM

To:

Oneida Business Committee

From:

RaLinda Ninham Lamberies, CFO

Date:

March 13, 2025

Subject:

FY2026 Budget Resolution

This memo is in regard to the FY2026 Budget Calendar and Guidelines which are being

presentation for adoption on the March 26th, 2025 at the Oneida Business Committee

Meeting. The Nation has developed initiatives for each Business Unit to review expenses and

aim to provide a more accurate spending plan and close the gap to actual spending.

The following highlight key areas.

Sustainability – The use of carryover shall be minimized.

Areas of Emphasis

1. The membership payments will be maintained:

2. The Nation will continue to save a portion of Tribal Contribution.

3. Strategize for reductions in Federal grant revenues.

Wage Plan Recommendations were received from HRD for FY2026 and agreed upon

by the Business Committee on March 6th. A Winter Gift to the employees has been

approved by the BC. Wage increase and the Winter Gift is subject to our financial

condition at that time.

The Employment Cap

In 121.9. of the Budget and Finance Law, under 121.9-1. Employment Cap. The

Treasurer and CFO shall identify a maximum number of fulltime equivalent (FTE)

employees to be employed by the Nation.

□ The recommended employment cap is a reduction from 1,960 to 1,860. This

number does not include 100% grant funded positions or Consolidated Health

positions. The FTE’s for Gaming and Retail have been allocated based on

consultation with

P.O. Box 365 • Oneida, WI 54155

oneida-nsn.gov

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the respective GM. The FTE cap of 1860 is a recommendation to address a

reduction in Federal funding.

□

100% Grant funded and Consolidated Health positions shall follow the approval process

identified in the BC Resolution # XX-XX-XX FY2025 Cost Savings Tools.

General Budget Guidance

There will be no Tradeback for Cash in FY2026 to prepare for a reduction in both Federal

revenues and available cash from Gaming and Retail in a waning economy.

Guidance for developing the FY2026 Budget will follow measures approved in BC Resolution #

XX-XX-XX FY2025 Cost Savings Tools.

With your help, we can provide a more accurate spending plan for the Nation.

The Community Input meetings will be scheduled for each large area within the Nation’s budget

to provide information to the members and to gain input from the members.

Watch for specific dates for trainings and Community Input meetings to be shared in the future.

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Laura Laitinen-Warren,

Executive HR Director

P.O. Box 365

Oneida, WI 54155

920-496-3625

February 25, 2025

TO:

SUBJECT:

RaLinda Ninham-Lamberies, Chief Financial Officer

FY2026 Tribal-wide Compensation Recommendation

As I provide these compensation recommendations for FY2026, it is important to acknowledge

these recommendations take into consideration the on-going financial uncertainty shaped by

the executive orders and policies of the current U.S. administration and with respect to

potential cost-containment measures of Oneida Nation.

HRD is recommending these preliminary compensation proposals for FY2026:

Three percent “across-the-board” salary increase for all eligible employees

This 3% increase aims to help keep up with inflation and maintain our commitment to providing

fair and competitive wages. Proposed implementation for this increase is the first week of

FY2026 (Either pay period beginning September 28th or October 5th).

Winter Gift

Continuation of the Annual Winter Gift program of a $300 bonus payment in December.

Bonus payment contingent on funding available

Lastly, HRD supports fair and transparent performance-based, or merit, increases to recognize

and reward individual contributions and the achievement of organizational goals. Linking

compensation to performance provides clear incentives for employees to focus their individual

efforts on results while collectively contributing to Oneida’s vision, mission, and values.

For this reason, the last recommendation is a one-time performance bonus for eligible

employees tied to performance evaluation scores of satisfactory or above. This final

recommendation would be contingent upon available funding with the amount of the bonus

and timeline for distribution to be determined.

I welcome the opportunity to discuss this recommendation further and explore possible

implementation of these adjustments considering our financial outlook.

CC: Marie Cornelius, Total Rewards Director

909 Packerland Drive . Green Bay, WI 54303

oneida-nsn.gov

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Fiscal Year 2026 Budget Considerations and Calendar

Summary

This resolution provides the Fiscal Year 2026 budget calendar and line-item guidance for the

approval of the Oneida Business Committee in accordance with section 121.5-4(a) of the Budget

and Finances law.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: March 13, 2025

Analysis by the Legislative Reference Office

The Budget and Finances law (“the Law”) sets forth the requirements to be followed by the Oneida

Business Committee and the Oneida fund units when preparing the budget to be presented to the

General Tribal Council for approval, and establishes financial policies and procedures for the

Nation which:

 institutionalize best practices in financial management to guide decision makers in making

informed decisions regarding the provision of services, implementation of business plans

for enterprises, investments, and capital assets;

 provide a long term financial prospective and strategic intent, linking budget allocations to

organizational goals, as well as providing fiscal controls and accountability for results and

outcomes;

 identify and communicate to the membership of the Nation spending decisions for the

government function, grant obligations, enterprises, membership mandates, capital

expenditures, technology projects, and capital improvement projects;

 establish a framework for effective financial risk management; and

 encourage participation by the Nation’s membership. [1 O.C. 121.1-1].

The Nation is required to develop, adopt, and manage an annual budget. [1 O.C. 121.5-1]. All

revenues and expenditures of the Nation shall be in accordance with the annual budget. Id. The

Nation’s annual budget is required to be a balanced budget, which does not propose to spend more

funds than are reasonably expected to become available to the Nation during that fiscal year. Id.

The Budget and Finances law provides for the process and procedures to be used for the

development and adoption of the Nation’s budget. [1 O.C. 121.5-4].

The Budget and Finances law requires that the Treasurer develop the necessary guidelines,

including specific timelines and deadlines, to be followed by the managers that have budget

responsibility in preparing and submitting proposed budgets, and that the Treasurer then submit

those guidelines to the Oneida Business Committee for review and approval through the adoption

of a resolution. [1 O.C. 121.5-4(a)]. The Treasurer is required to identify in the budget guidelines

a percentage of an increase or decrease in a fund unit’s budget from the prior year budget that is

required to be noticed to the Oneida Business Committee. [1 O.C. 121.5-4(b)(1)]. The budget

Page 1 of 2

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schedule and guidelines developed by the Treasurer are required to include at least one (1)

opportunity for community input from the Nation’s membership on what should be included in the

upcoming fiscal year budget. [1 O.C. 121.5-4(a)(1)]. Each fund unit shall be responsible for

complying with the budget schedule and guidelines to submit a proposed budget to the Treasurer.

[1 O.C. 121.5-4(a)(2)].

This resolution provides the Fiscal Year 2026 (“FY26”) budget calendar for the approval of the

Oneida Business Committee in accordance with section 121.5-4(a) of the Law. The calendar

provides information on various budget development tasks that are required to be completed, the

responsible parties for those responsibilities, and deadline dates. The FY26 budget calendar

provides that the budget will be presented to the General Tribal Council for consideration of

adoption on September 25, 29, or 30, 2025. The Oneida Business Committee is required to present

the budget to the General Tribal Council with a request for adoption by resolution no later than

September 30th of each year. [1 O.C. 121.5-4(e)].

This resolution then provides guiding philosophy and line-item guidance for the development of

the FY26 budget.

Conclusion

Adoption of this resolution complies with the requirements of the Budget and Finances law.

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

Page 2 of 2

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # Leave this line blank

Fiscal Year 2026 Budget Considerations and Calendar

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 Budget and Finances Law sets forth the requirements to be followed by the Oneida

Business Committee and the Oneida fund units when preparing the budget to be presented

to the General Tribal Council for approval, and establishes financial policies and

procedures for the Nation; and

WHEREAS,

section 121.5-4(a) of the Budget and Finances law requires that the Treasurer develop the

necessary guidelines, including specific timelines and deadlines, to be followed by the

managers that have budget responsibility in preparing and submitting proposed budgets;

and

WHEREAS,

section 121.5-4(a) also requires that the budget schedule and guidelines be submitted to

the Oneida Business Committee for review and approval through the adoption of a

resolution; and

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BC Resolution # _______

Fiscal Year 2026 Budget Considerations and Calendar

Page 2 of 3

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NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby approves the following

budget considerations and calendar:

Budget Calendar

Date

Responsible Party

BC approves calendar and guidelines

3/28/2025

Payroll Reports Submitted to B.U.

4/14/2025

Budget Kick Off Meeting

BC/CFO/ACFO

4/17/2025

5/6/2025

5/7/2025

5/5/2025 –

5/30/2025

Gaming and Retail Operations and capex budgets completed

Community Input Session at SEOTS

Community Input Session at Oneida Hotel

Budget Refresher/ Training / Review the overall budget process and

how to budget.

Remaining Division and Non-Divisional operational and Capex

budgets entered

Gaming/Retail

6/10/2025

6/17/2025

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Activity

3/26/2025

BC

Budget Mgr

All

Budget Mgr

All

7/1/2025

FY2026 Budget Closes

FY2026 Budget Consolidation, First Draft completed sent to

BC/GMs/CFO

7/3/2025

FY2027-FY2028 Budget Closes

All

BC Approves Budget Packet Information

BC

7/23/2025

7/28/2025 –

8/1/2025

9/8/2025 –

9/12/2025

9/8/2025 –

9/12/2025

9/25/2025,

9/29/2025, or

9/30/2025

Packet to Printshop

Community Mtg SEOTS

Community Mtg Oneida

All

Budget Mgr

Secretary’s Office

BC/CFO/Budget Mgr

Packet received by Members

Mail

GTC Meeting to present FY2026 Budget

GTC

Guiding Philosophy

The overall goal with the FY2026 budget will be to build a sustainable, balanced budget in alignment with

the Nation’s priorities. This is accomplished when the funding sources equal the funding uses. To be

sustainable, we cannot rely on prior year carryover to balance the budget, and the use of future carryover

shall be minimized.

This budget process will target sufficient funding for four areas of emphasis:

1. The membership payments will be maintained:

a. $1,500 to all members (GWA for 18+, per capita for minors)

b. $2,000 GWA for ages 62+

2. The Nation will continue to save a portion of Tribal Contribution.

a. 11% to executive contingency

b. 3% to the Elder GWA, Higher Education, and General Welfare Trust

3. Strategize for reductions in Federal grant revenues.

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BC Resolution # _______

Fiscal Year 2026 Budget Considerations and Calendar

Page 3 of 3

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Line-Item Guidance

1. Each business unit shall increase their budget by only the annual wage increase percentage.

2. The FY2026 Wage Plan will include an average of a 3% annual wage increase.

3. The fringe rate for FY2026 will be 0% from the FY2025 rates. Each business unit’s fringe rate will

be on the payroll spreadsheet received by March 28th, 2025.

4. The anticipated Indirect Cost (IDC) rate for FY2026 is 21.21%.

5. A Winter Gift of $300 per employee should be included in each business unit’s budget in the bonus

line, however, financial conditions may impact the implementation during Fiscal Year 2026.

6. The above are budget parameters only and are dependent on funding availability, Business

Committee approval, and General Tribal Council adoption of the budget.

7. The Nation shall continue to adhere to the employment cap which will be 1860 Full Time Equivalent

(FTE’s) for Fiscal Year 2026, down from 1960 in FY2025. Further:

a. Allocations to new and vacant positions are as follows.

i. Gaming 780.5 FTE’s

ii. Retail 119 FTE’s

iii. TC and IDC 960.5 FTE

iv. 100% Grant funded and Consolidated Health positions shall follow the approval

process identified in the FY2025 Cost Savings Tools resolution BC #XX-XX-XXXXX

b. Each business unit shall budget Personnel expenses into two separate categories, one

for current filled positions, and one for vacant/posted positions.

i. The current filled positions shall be fully budgeted unless there is a significant

turnover in the position. If there is historically turnover in the position budget these

position at 67% of full-time. The wage for the positions will be budgeted in line

XXX.XXXXXXX.XXX.502100-000 and the fringe will be budgeted in

XXX.XXXXXXX.XXX.505000.000.

ii. Vacant/posted positions will be budgeted at 50% of full-time. The wage for the

positions will be budgeted in XXX.XXXXXXX.XXX.502100.200 and the fringe will

be budgeted in XXX.XXXXXXX.XXX.505000.200.

8. Gaming and Retail: External and Internal expense line items should be based on FY2026 business

plans.

9. There will be no Trade back for Cash in FY2026.

10. Guidance for developing the FY2026 Budget will follow measures approved in BC Resolution # XXXX-XXXX-X FY2025 Cost Savings Tools.

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Adopt resolution entitled Amendment to BC Resolution # 10-12-22-C Obligation for Oneida Nation Farm...

Business Committee Agenda Request

1. Meeting Date Requested:

3/26/25

2. Session:

■ Open

‫܆‬

‫ ܆‬Executive – must qualify under §107.4-1.

Justification: Choose or type justification

 Requested Motion:

‫ ܆‬Accept as information; OR

CIP #21-113 - Action noted on attached memo.

 $UHDVSRWHQWLDOO\LPSDFWHGRUDIIHFWHGE\WKLVUHTXHVW

‫ ܆‬Finance

‫ ܆‬Law Office

‫ ܆‬Gaming/Retail

‫ ܆‬Other:

‫ ܆‬Programs/Services

‫ ܆‬DTS

‫ ܆‬Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Vanessa Miller, Food & Agriculture Area Manager

Enter (Name, Title/Entity) OR Choose from List

Enter (Name, Title/Entity) OR Choose from List

Enter (Name, Title/Entity) OR Choose from List

Revised: 01/07/2025

Page 1 of 2

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 Supporting Documents:

‫ ܆‬Bylaws

‫ ܆‬Contract Document(s)

‫ ܆‬Correspondence

‫ ܆‬Draft GTC Notice

‫ ܆‬Draft GTC Packet

‫ ܆‬E-poll results/back-up

‫ ܆‬Other: Describe

‫ ܆‬Fiscal Impact Statement

‫ ܆‬Law

‫ ܆‬Legal Review

‫ ܆‬Minutes

‫ ܆‬MOU/MOA

‫ ܆‬Petition

‫ ܆‬Presentation

‫ ܆‬Report

‫ ܆‬Resolution

‫ ܆‬Rule (adoption packet)

‫ ܆‬Statement of Effect

‫ ܆‬Travel Documents

 Budget Information:

‫ ܆‬Budgeted – Tribal Contribution

‫ ܆‬Unbudgeted

‫ ܆‬Other: Describe

 Submission:

‫ ܆‬Budgeted – Grant Funded

‫ ܆‬Not Applicable

signed by Mark W. Powless

Mark W. Powless Digitally

Date: 2025.03.07 16:09:23 -06'00'

Authorized Sponsor:

Mark W. Powless, General Manager

Primary Requestor:

Paul J. Witek, Engineering Director/Senior Architect

Revised: 01/07/2025

Page 2 of 2

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71 of 246



EngineeringDepartment

DivisionofPublicWorks



March7,2025



BusinessCommitteeAgendaRequestͲMemo



ProjectNo.: 21Ͳ113

ProjectTitle: OneidaNationFarmOffice&Shop



Purpose:



TheprojectteamisseekinganamendmenttoBCResolution#10Ͳ12Ͳ22ͲCtochangetheproject

conclusiondatefromApril30,2025,toSeptember30,2025.



Background:



Theapprovedprojectwillensureeffectiveandefficientoffice,market,meeting,andshopspace

forstaff.Inaddition,itreplacessomeofthespacelosttofireandstormdamagedstructures.



TheBusinessCommitteeapprovedResolution#10Ͳ12Ͳ22ͲCObligationforOneidaNationFarm

OfficeUtilizingTribalContributionSavings,forthepurposeoffundingforthisproject.



Thetimeextensionisneededtoallowtheexpenditureoftheallocatedfundingtofinalizethe

developmentoftheproject.



Attachments:



x BCResolution#10Ͳ12Ͳ22ͲCObligationforOneidaNationFarmOfficeUtilizingTribal

ContributionSavings.

x DraftAmendmenttoBCResolution#10Ͳ12Ͳ22ͲC.

x StatementofEffect.



ActionRequested:



1. ApprovalofAmendmenttoBCResolution#10Ͳ12Ͳ22ͲC.



N7332WaterCirclePlace•P.O.Box365•Oneida,WI54155

oneidaǦnsn.gov



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72 of 246

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution # 10-12-22-C

Obligation for Oneida Nation Farm Office Utilizing Tribal Contribution Savings

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 Oneida Nation has received Fiscal Recovery Funds (FRF) through the American

Rescue Plan Act of 2021 (ARPA) funds to address matters arising out of the COVID-19

pandemic; and

WHEREAS,

the Oneida Business Committee has approved application of ARPA FRF through the

revenue loss formula set forth in 31 CFR 35.6(d)(2) which applied these federal funds

throughout the Nation’s budget to governmental programs business units beginning with

“42#####”; and

WHEREAS,

the savings from the application of these funds has resulted in tribal funds being placed in

the line “Tribal Contribution Savings” in the Investment Report presented in the Treasurer’s

Report; and

WHEREAS,

the Oneida Business Committee has determined that Tribal Contribution Savings funds

should be used as set out in resolution # BC-06-09-21-B, as amended by resolution # BC06-23-21-C which designates percentage allocations to eight categories (percentages

rounded) –

x Direct Membership Assistance, 45% of funds;

x Housing, 17% of funds;

x Food and Agriculture, 12% of funds;

x Education, 6% of funds;

x Culture and Language, 10% of funds;

x Revenue Generations, 2% of funds;

x Government Roles and Responsibilities, 3% of funds;

x Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and

WHEREAS,

this request is to fund the build of a new farm office space which will help facilitate tours,

include an expanded on site Beef and Bison market, and support a more effective and

efficient office and meeting space for staff; and

WHEREAS,

the Project Owner for the proposed project is requesting $1,846,000 obligated from the

Tribal Contribution Savings, Food and Agriculture; and

Public Packet

73 of 246

BC Resolution # 10-12-22-C

Obligation for Oneida Nation Farm Office Utilizing Tribal Contribution Savings

Page 2 of 2

WHEREAS,

this project will be concluded by April 30, 2025; and

WHEREAS,

the Oneida Business Committee has reviewed the proposed project; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee approves the obligation of

funds for the Oneida Nation Farm Office in the amount of $1,846,000 from Tribal Contribution Savings,

Food and Agriculture with Vanessa Miller, Food and Agriculture Area Manager assigned as the Project

Owner.

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Business Committee, hereby certify that the Oneida

Business Committee is composed of 9 members of whom 5 members constitute a quorum; 6 members

were present at a meeting duly called, noticed and held on the 12th day of October, 2022; that the forgoing

resolution was duly adopted at such meeting by a vote of 4 members for, 0 members against, and 1 member

not voting*; and that said resolution has not been rescinded or amended in any way.

____________________________

Lisa Liggins, Secretary

Oneida Business Committee

*According to the By-Laws, Article I, Section 1, the Chair votes "only in the case of a tie."

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REDLINE

Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # Leave this line blank

Amendment to BC Resolution # 10-12-22-C Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings

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 Oneida Nation has received Fiscal Recovery Funds (FRF) through the American

Rescue Plan Act of 2021 (ARPA) funds to address matters arising out of the COVID-19

pandemic; and

WHEREAS,

the Oneida Business Committee has approved application of ARPA FRF through the

revenue loss formula set forth in 31 CFR 35.6(d)(2) which applied these federal funds

throughout the Nation’s budget to governmental programs business units beginning with

“42#####”; and

WHEREAS,

the savings from the application of these funds has resulted in tribal funds being placed in

the line “Tribal Contribution Savings” in the Investment Report presented in the Treasurer’s

Report; and

WHEREAS,

the Oneida Business Committee has determined that Tribal Contribution Savings funds

should be used as set out in resolution # BC-06-09-21-B, as amended by resolution # BC06-23-21-C which designates percentage allocations to eight categories (percentages

rounded) –

• Direct Membership Assistance, 45% of funds;

• Housing, 17% of funds;

• Food and Agriculture, 12% of funds;

• Education, 6% of funds;

• Culture and Language, 10% of funds;

• Revenue Generations, 2% of funds;

• Government Roles and Responsibilities, 3% of funds;

• Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and

WHEREAS,

this request is to fund the build of a new farm office space which will help facilitate tours,

include an expanded on site Beef and Bison market, and support a more effective and

efficient office and meeting space for staff; and

Public Packet

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BC Resolution # _________

Amendment to BC Resolution # 10-12-22-C Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings

Page 2 of 2

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WHEREAS,

WHEREAS,

the Project Owner for the proposed project is requesting $1,846,000 obligated from the

Tribal Contribution Savings, Food and Agriculture; and

this project will be concluded by September 30, 2025; and

WHEREAS,

the Oneida Business Committee has reviewed the proposed project; and

NOW THEREFORE BE IT RESOLVED, that the Oneida Business Committee approves the obligation of

funds for the Oneida Nation Farm Office (CIP # 21-113) in the amount of $1,846,000 from Tribal

Contribution Savings, Food and Agriculture; with Vanessa Miller, Food and Agriculture Area Manager

assigned as the Project Owner.

Public Packet

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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

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Oneida, WI 54155

BC Resolution # Leave this line blank

Amendment to BC Resolution # 10-12-22-C Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings

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 Oneida Nation has received Fiscal Recovery Funds (FRF) through the American

Rescue Plan Act of 2021 (ARPA) funds to address matters arising out of the COVID-19

pandemic; and

WHEREAS,

the Oneida Business Committee has approved application of ARPA FRF through the

revenue loss formula set forth in 31 CFR 35.6(d)(2) which applied these federal funds

throughout the Nation’s budget to governmental programs business units beginning with

“42#####”; and

WHEREAS,

the savings from the application of these funds has resulted in tribal funds being placed in

the line “Tribal Contribution Savings” in the Investment Report presented in the Treasurer’s

Report; and

WHEREAS,

the Oneida Business Committee has determined that Tribal Contribution Savings funds

should be used as set out in resolution # BC-06-09-21-B, as amended by resolution # BC06-23-21-C which designates percentage allocations to eight categories (percentages

rounded) –

• Direct Membership Assistance, 45% of funds;

• Housing, 17% of funds;

• Food and Agriculture, 12% of funds;

• Education, 6% of funds;

• Culture and Language, 10% of funds;

• Revenue Generations, 2% of funds;

• Government Roles and Responsibilities, 3% of funds;

• Overall Priority – Land, Infrastructure, Sovereignty, 5% of funds; and

WHEREAS,

this request is to fund the build of a new farm office space which will help facilitate tours,

include an expanded on site Beef and Bison market, and support a more effective and

efficient office and meeting space for staff; and

WHEREAS,

the Project Owner for the proposed project is requesting $1,846,000 obligated from the

Tribal Contribution Savings, Food and Agriculture; and

Public Packet

77 of 246

BC Resolution # ________

Amendment to BC Resolution # 10-12-22-C Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings

Page 2 of 2

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WHEREAS,

this project will be concluded by September 30, 2025; and

WHEREAS,

the Oneida Business Committee has reviewed the proposed project; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee approves the obligation of

funds for the Oneida Nation Farm Office (CIP #21-113) in the amount of $1,846,000 from Tribal

Contribution Savings, Food and Agriculture; with Vanessa Miller, Food and Agriculture Area Manager

assigned as the Project Owner.

Public Packet

78 of 246

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Amendment to BC Resolution # 10-12-22-C Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings

Summary

The resolution amends resolution BC-10-12-22-C, Obligation for Oneida Nation Farm Office

Utilizing Tribal Contribution Savings, to extend the date in which the project needs to be

completed by from April 30, 2025 to September 30, 2025.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: March 7, 2025

Analysis by the Legislative Reference Office

The Oneida Nation received federal funds through the American Rescue Plan Act of 2021 (ARPA)

funds to address matters arising out of the COVID-19 pandemic. The Oneida Business Committee

has approved application of ARPA funds to lost revenue and allocation of tribal funds to the ARPA

Federal Rescue Funds to investments in the “Lost Revenue” line (ARPA FRF LR) in the

Investment Report. The savings from the application of these funds has resulted in tribal funds

being placed in the line “Tribal Contribution Savings” in the Investment Report presented in the

Treasurer’s Report”

The Oneida Business Committee determined that these funds should be used as set out in resolution

BC-06-09-21-B, Setting Goals for Application of Funding from the American Rescue Plan Act of

2021 to Direct Support to Individuals, Families, Community and the Oneida Nation, as amended

by resolution BC-06-23-21-C, Amendment # 1 to the American Rescue Plan Act of 2021 Investment

Allocation to Direct Membership Assistance. In resolution BC-06-09-21-B, the Oneida Business

Committee identified that the primary applications for the use of ARPA FRF would be to aid

members and create tangible benefits related to housing, food sovereignty, education, and culture.

In addition, the Oneida Business Committee directed the ARPA FRF to be spread across a three

(3) year period in eight (8) specific categories to guide expenditures to meet such primary

applications in an informed and transparent manner through the approval of projects by resolution.

After the adoption of resolution BC-06-09-21-B, the Oneida Business Committee received

information which indicated that there was a more immediate need to address the pandemic’s

twelve (12) to fifteen (15) month negative impact on the membership’s access to jobs, education,

healthcare, and housing. The Oneida Business Committee then adopted resolution BC-06-23-21C, Amendment # 1 to the American Rescue Plan Act of 2021 Investment Allocation to Direct

Membership Assistance, which amended resolution BC-06-09-21-B to reflect its decision, which,

more specifically, was to apply the 45% Direct Membership Assistance payment of three thousand

dollars ($3,000) in the current fiscal year, with any remaining funds after the payment to be

allocated in Fiscal Years 2022 and 2023. Additionally, resolution BC-06-23-21-C provided

clarification on the eligibility for membership assistance general welfare exclusion payments,

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application period, obligation, and ability to approve projects across fiscal years; and directed that

the allocations be reviewed at least each fiscal year to determine whether modifications should be

made. The work sheet that was attached to resolution BC-06-09-21-B was also deleted by

resolution BC-06-23-21-C and replaced with the work sheet attached thereto, entitled, American

Recovery Plan Act – FRF; Lost Revenue; ARPA FRF LR Investments – Updated June 23, 2021.

The Oneida Business Committee was then presented with recommended amendments to the

processes based on implementation of the June 2021 resolutions, application of ARPA FRF

through the lost revenue formula, identification of direct use and Tribal Contribution Savings. The

Oneida Business Committee reviewed the recommendations and determined that the

recommended amendments offer clarification in the processes and provide reporting at intervals

that will keep all parties informed on the status of approved projects. The Oneida Business

Committee then adopted resolution BC-03-30-22-A, Updating Tribal Contribution Savings

Processes and Allocations, which superseded the processes identified in Resolve #6 of resolution

BC-06-09-21-B, as amended by Resolve #2 of resolution BC-06-23-21-C and adopted a new

project approval process which was to be supplemented with needed Standard Operating

Procedures approved by the FRF Program Office.

Resolution BC-03-30-22-A had certain responsibilities delegated to the Strategic Planner. For the

2023-2026 term the Oneida Business Committee has removed the Strategic Planner from the

approved positions for the support of the Oneida Business Committee. The Oneida Business

Committee has identified a need to amend the reporting process and provide the membership

reporting on the status of the TC Savings projects funds. Through the adoption of resolution BC05-22-24-A, Amending BC Resolution 03-30-22-A, Updating Tribal Contribution Savings

Processes and Allocations, the Oneida Business Committee amends the reporting process

identified in resolution BC 03-30-22-A to address reporting by the project owner and the Chief

Financial Officer. This resolution also provides that the resolution BC-03-30-22-A updated Tribal

Contributions Savings Allocation spreadsheet is the last approved Tribal Contribution Savings

Allocation spreadsheet and is attached to this amended BC resolution.

The Oneida Business Committee adopted resolution BC-10-12-22-C, Obligation for Oneida

Nation Farm Office Utilizing Tribal Contribution Savings, which approved the obligation of funds

for the building of a new farm office space in the amount of one million eight hundred forty-six

thousand dollars ($1,846,000) from the Tribal Contribution Savings – Food and Agriculture; with

Vanessa Miller, Food and Agriculture Area Manage assigned as Project Owner. This project was

to be concluded by April 30, 2025. Resolution BC-10-12-22-C was exempt from the statement of

effect requirement in accordance with resolution BC-07-28-21-L, Amending Requirement for a

Statement of Effect to Exclude Resolutions Obligating ARPA FRF LR Funds for Projects Approved

Through the FRF Office.

This resolution amends resolution BC-10-12-22-C to extend the date in which the project needs to

be completed by from April 30, 2025 to September 30, 2025, and also adds in references CIP

number #21-113.

Conclusion

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

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Adopt resolution entitled Authorize Use of Economic, Development, Diversification and Community...

Business Committee Agenda Request

1. Meeting Date Requested:

03/12/25

2. Session:

‫ ܈‬Open ‫ ܆‬Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

3. Requested Motion:

‫ ܆‬Accept as information; OR

Accept the resolution for $507,366.00 to pay for the WEVI Grant

4. Areas potentially impacted or affected by this request:

‫ ܆‬Finance

‫ ܆‬Law Office

‫ ܆‬Gaming/Retail

‫ ܆‬Other: Describe

‫ ܈‬Programs/Services

‫ ܆‬DTS

‫ ܆‬Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Eric McLester, Director Health Safety Land and Ag.

Name, Title/Entity OR Choose from List

Name, Title/Entity OR Choose from List

Revised: 01/07/2025

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6. Supporting Documents:

‫ ܆‬Bylaws

‫ ܆‬Fiscal Impact Statement

‫ ܆‬Contract Document(s) ‫ ܆‬Law

‫ ܆‬Correspondence

‫ ܆‬Legal Review

‫ ܆‬Draft GTC Notice

‫ ܆‬Minutes

‫ ܆‬Draft GTC Packet

‫ ܆‬MOU/MOA

‫ ܆‬E-poll results/back-up ‫ ܆‬Petition

‫ ܆‬Other: Handout by Monday 3.10.25

‫ ܈‬Presentation

‫ ܈‬Report

‫ ܈‬Resolution

‫ ܆‬Rule (adoption packet)

‫ ܈‬Statement of Effect

‫ ܆‬Travel Documents

7. Budget Information:

‫ ܆‬Budgeted – Tribal Contribution

‫ ܆‬Unbudgeted

‫ ܆‬Other: Describe

‫ ܆‬Budgeted – Grant Funded

‫ ܆‬Not Applicable

8. Submission:

Authorized Sponsor:

Justin Nishimoto, Economic Strategy Coordinator

Primary Requestor:

(Name, Title/Entity)

Revised: 01/07/2025

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MEMO

To:

Oneida Business Committee

From:

Justin Nishimoto, Economic Strategy Coordinator

Date:

March 3rd, 2025

Re:

EDDCD Request for Electric Vehicle Grant of $507,366

Background

The ELA department has applied for the Economic Development, Diversification, and

Community Development (EDDCD) Fund, and the Oneida Nation was notified of the award

$507,366 under the Wisconsin Electric Vehicle Infrastructure Grant (WEVI) Round 1, on May 15,

2024. The award consists of an 80% Federal Share or $405,892.80, and a 20% Nation's Share or

$101,473. It is a reimbursable grant, based on paid receipts for the expended amount during

the project performance period that are submitted to the state for reimbursement. Pending the

release of funding from the state, we anticipate the project to be completed by December

2025, if not sooner.

Current Request

Request the use of EDDCD funds in the amount of $507,366 and once completed to reimburse

the EDDCD fund of $405,892.80.

Findings after review

The request supplied the presentation and these 4 charging ports that could earn $75,686$100,915 per year, along with having patrons staying longer at our sites.

The Guiding Document utilized to determine the use of the EDDCD funds include the OBC Broad

Goals and Economic Development Plan which have the following economic related items:

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¾ Marketing and Image-Raise the Oneida Nation’s profile through marketing efforts aimed at

internal and external audiences.

¾ Revenue Generation – We want to gain financial security by leveraging our assets and

strengths, such as agriculture, tourism, entertainment, and the ability to create our own

corporate and tax laws to provide financial independence from Gaming and from the

federal government to provide a strong economy where the Nation and community

members can succeed and have individual independence and self-reliance.

In Closing

The requested $507,366 payment and the return of $405,892.20 of the Economic

Development, Diversity, and Community Development fund and this is appropriate use of these

funds.

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Economic Development, Diversification, and Community Development Fund (EDDCD) Request

Name: Victoria

 Flowers











Date Requested: 2/20/25

Department: ELA

Please ^ĞůĞĐƚ ‫ ܈‬use for the funds:

■

‫܆‬Social Wellness

‫܆‬Housing

‫܆‬Community Design

‫܆‬Transportation, Facilities & Utilities

‫܆‬Economic Development

‫܆‬Natural Resources

‫܆‬Public Safety

‫܆‬Land Use

‫܆‬Parks and Recreation

‫ ܆‬Agriculture

Detailed Description (Please attach any supporting documents to form and dollar amounts needed):

The Oneida Nation, was notified of the award $507,366 under the Wisconsin Electric Vehicle Infrastructure Grant (WEVI)

1. 1, on May 15, 2024. The award consists of an 80% Federal Share or $405,892.80, and a 20% Nation's Share or

Round

$101,473. It is a reimbursable grant, based on paid receipts for the expended amount during the project performance period

that are submitted to the state for reimbursement. Pending the release of funding from the state, we anticipate the project to

be completed by December 2025, if not sooner.

We are requesting EDDCDF funding for the entire amount, of $507,366 with up to $405,892.80 being returned to the fund

after reimbursement from the state. The remaining EDDCDF up to $101,473 will cover the Nation's share. Requests for

reimbursement will be made monthly, based on paid receipts. Currently reimbursement has been approximately 3 weeks from

request to payment.

It is for the installation of a Level 3 DC Fast Charger (DCFC) that will have 4 charging ports at 160 kW per port and capable of

charging 4 vehicles simultaneously. It will provide opportunities to promote the Oneida Nation brand, events, retail offerings

and other customer capture opportunities for Nation owned entities.

Market Analysis & Revenue Potential - Average DC fast chargers operate at a 15–20% utilization rate, equating to 216–

288minutes of daily use.The recommended charge rate for Green Bay’s DC fast charging stations is $0.32 per kWh,with

comparable stations w

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Oneida Business Committee (2025) | Frix