# Oneida Business Committee (2025) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A9c6b966372a270b7 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text Public Packet 1 of 246 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. 2 of 246 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 3 of 246 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. 4 of 246 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. 5 of 246 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 6 of 246 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 7 of 246 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) �- - - ------ - - Page 2 of 2 Public Packet 8 of 246 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 9 of 246 Public Packet 10 of 246 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 11 of 246 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 13 of 246 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 14 of 246 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 15 of 246 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 16 of 246 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 Page 4 of 11 February 26, 2025 Public Packet 17 of 246 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. 29 of 246 Public Packet 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. 30 of 246 Public Packet 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. 31 of 246 Public Packet 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. 32 of 246 Public Packet Cooperative Agreement Page 5 of 13 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 33 of 246 Public Packet Cooperative Agreement Page 6 of 13 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 34 of 246 Public Packet Cooperative Agreement Page 7 of 13 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. 35 of 246 Public Packet Cooperative Agreement Page 8 of 13 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 36 of 246 Public Packet 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 37 of 246 Public Packet Cooperative Agreement Page 10 of 13 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 38 of 246 Public Packet Cooperative Agreement Page 11 of 13 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 39 of 246 Public Packet Cooperative Agreement Page 12 of 13 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 40 of 246 Public Packet Cooperative Agreement Page 13 of 13 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 41 of 246 Public Packet 42 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 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 43 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 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. 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. 44 of 246 Public Packet 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. 45 of 246 Public Packet 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. 46 of 246 Public Packet 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. 47 of 246 Public Packet Cooperative Agreement Page 5 of 13 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 48 of 246 Public Packet Page 6 of 13 Cooperative Agreement 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 49 of 246 Public Packet Cooperative Agreement Page 7 of 13 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. 50 of 246 Public Packet Cooperative Agreement Page 8 of 13 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 51 of 246 Public Packet 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: Determination of Allowable Costs: 1. 2 CFR Part 200, Subpart E—Cost Principles Audit Requirements: 2 CFR Part 200, Subpart F—Audit Requirements 2. 52 of 246 Public Packet Cooperative Agreement Page 10 of 13 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 53 of 246 Public Packet Cooperative Agreement Page 11 of 13 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 54 of 246 Public Packet Cooperative Agreement Page 12 of 13 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 55 of 246 Public Packet Page 13 of 13 Cooperative Agreement 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 56 of 246 Public Packet 57 of 246 Oneida Nation Post Office Box 365 Phone: (920)869-2214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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 Public Packet 58 of 246 BC Resolution # _________ Cooperative Agreement with Bureau of Indian Affairs, Midwest Region, for Wildland Fire Management Non-Recurring Funds Page 2 of 2 43 44 45 46 47 48 49 50 51 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. Public Packet 59 of 246 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 Page 1 of 2 Public Packet 60 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: Lawrence Barton, Treasurer Primary Requestor: RaLinda Ninham-Lamberies, CFO Revised: 01/07/2025 Page 2 of 2 Public Packet 61 of 246 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aoneida_nation%3A9c6b966372a270b7. Public record. Not legal advice.