Oneida Business Committee (2026)

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING AGENDA REVISED

Business Committee Conference Room - 2nd Floor Norbert Hill

Center January 21, 2026

9:00 a.m.

Call to Order and Approval of the Agenda

II.

Minutes to be Approved

1. January 7, 2026 LOC Meeting Minutes (pg. 2)

III.

Current Business

1. Public Use of Tribal Land Law Amendments (pg. 4)

2. Independent Contractors Law Amendments (pg. 37)

IV.

New Submissions

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Recess/Adjourn

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

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

OODDDO

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

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

January 7, 2026

9:00 a.m.

Present: Jameson Wilson, Jennifer Webster, Jonas Hill (Microsoft Teams)

Excused: Kirby Metoxen

Unexcused: Marlon Skenandore

Others Present: Grace Elliott, Carolyn Salutz

Others Present on Microsoft Teams: Clorissa Leeman, Michelle Tipple, Kristal Hill, Ronald Van

Schyndel, David Jordan, Chad Fuss, Shannon Stone, Linda Dallas, Melissa Alvarado, Janice

Decorah, Ashley Blaker, Peggy Helm-Quest, Trina Schuyler, Joshua Cornelius, Sarah Miller, Shad

Webster, Tavia James-Charles, Rae Skenandore, Mark Powless, Rhiannon Metoxen, Fawn Billie,

Fawn Cottrell, Eric Boulanger, Grace Koehler, Kaylynn Biely, Rita Reiter, Sarah White, Laura

Laitinen-Warren, Diane Wilson, Katsitsiyo Danforth

Call to Order and Approval of the Agenda

Jameson Wilson called the January 7, 2026, Legislative Operating Committee meeting to

order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Jonas Hill. Motion carried

unanimously.

II.

Minutes to be Approved

1. December 17, 2025 LOC Meeting Minutes

Motion by Jennifer Webster to approve the December 17, 2025, LOC meeting minutes and

forward to the Oneida Business Committee; seconded by Jonas Hill. Motion carried

unanimously.

III.

Current Business

1. Petition: K. Schultz – General Welfare Assistance Payment to Membership #202503

Motion by Jennifer Webster to accept the statement of effect for the Petition: K. Schultz –

GWA Payment to the Membership #2025-03 and forward to the Oneida Business

Committee; seconded by Jonas Hill. Motion carried unanimously.

GOOOQO;

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

Legislative Operating Committee Meeting Minutes of January 7, 2026

Page 1 of 2

ONEIDA

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IV.

New Submissions

1. Petition: G. Powless-Buenrostro - Accountability Measure Options for BC and

BCC’s #2025-04

Motion by Jennifer Webster to add the Petition: G. Powless-Buenrostro – Accountability

Measure Options for BC and BCC’s #2025-04 to the Active Files List with Jameson

Wilson as the sponsor; seconded by Jonas Hill. Motion carried unanimously.

2. Petition: G. Powless Buenrostro – Amend the Administrative Rule Making Law #202505

Motion by Jennifer Webster to add the Petition: G. Powless-Buenrostro – Amend the

Administrative Rule Making Law #2025-05 to the Active Files List with Jameson Wilson

as the sponsor; seconded by Jonas Hill. Motion carried unanimously.

Additions

VI.

Administrative Updates

VII.

Executive Session

VIII. Adjourn

Motion by Jennifer Webster to adjourn at 9:14 a.m.; seconded by Jonas Hill. Motion carried

unanimously.

Legislative Operating Committee Meeting Minutes of January 7, 2026

Page 2 of 2

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Legislative Operating Committee

January 21, 2026

Public Use of Tribal Land Law

Amendments

Submission Date: 12/7/22

LOC Sponsor: Jonas Hill

Public Meeting: 10/15/25

Emergency Enacted: N/A

Summary: This item was carried over from last term. On August 10, 2022, the OBC made a motion

“to direct the General Manager to complete the assessment regarding the feasibility of the Environmental,

Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board

and for the assessment to be submitted at the second meeting Business Committee meeting in September”.

In short, the GM concluded that although changes were necessary to those Oneida laws that delegated the

authority and responsibility to the Environmental Resources Board (ERB), those responsibilities that were

jointly executed by the ERB and Environmental, Health, Safety, and Land Division (EHSLA), could be

assumed by EHSLA. Additionally, for those duties that delegated ERB the power and duty to carry out the

intent and purposes of the law, including enforcement, those responsibilities could be delegated to EHSLA

and/or the Land Commission.

On September 28, 2022, the OBC made a motion to accept the Environmental, Health, Safety, Land, and

Agriculture Environmental Resource Board assessment; to recommend the dissolution the Environment

Resource Board; and to direct Chief Counsel to bring back a report in 45 days on actions that need to

take place in order to complete the dissolution of the Environmental Resource Board including

amendments to laws and addressing any background material. The Oneida Law Office provided this report

to the Oneida Business Committee on November 29, 2022.

This item was then added to the Active Files List on December 7, 2022, in an effort to make amendments

to address the dissolution of the Environmental Resources Board, and transition the Board’s

responsibilities to the Environmental, Health, Safety, Land and Agriculture Division and/or the Oneida

Land Commission.

10/4/23 LOC: Motion by Marlon Skenandore to add the Public Use of Tribal Land Law Amendments to the

Active Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster. Motion carried

unanimously.

1/3/24:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jennifer Webster, Jonas Hill,

Kirby Metoxen Clorissa Leeman, Grace Elliott, Kristal Hill, Maureen Perkins, Fawn Cottrell.

The purpose of this work meeting was for Jonas Hill to provide an update on a meeting he had

with EDSLAD Division Director regarding the division taking on the responsibilities of ERB.

4/29/25:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Jonas Hill, Clorissa Leeman,

Krystal John, Eric Boulanger, Joel Maxam, Eric McLester, Nicole Rommel, Fawn Billie,

Fawn Cottrell. The purpose of this work meeting was to review the Public Use of Tribal Land

law and begin discussing potential comprehensive amendments.

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

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5/20/25:

Work Meeting. Present: Jameson Wilson, Marlon Skenandore, Kirby Metoxen, Jennifer

Webster, Clorissa Leeman, Krystal John, Joel Maxam, Eric McLester, Nicole Rommel, Kristal

Hill, Fawn Billie, Fawn Cottrell. The purpose of this work meeting was to review the initial

draft of proposed amendments to the Public Use of Tribal Lawn law.

8/11/25:

Work Meeting. Kirby Metoxen, Clorissa Leeman, Rhiannon Metoxen, Eric Boulanger, Joel

Maxam, Fawn Cottrell, Kristal Hill, Nicole Rommel, Krystal John. The purpose of this work

meeting was to review and discuss an update draft of the proposed amendments.

8/20/25 LOC: Motion by Kirby Metoxen to approve the draft of amendments to the Public Use of Tribal Land

law amendments; seconded by Marlon Skenandore. Motion carried unanimously.

9/3/25 LOC:

Motion by Jonas Hill to approve the legislative analysis and the public meeting packet for the

proposed amendments to the Public Use of Tribal Land law and schedule a public meeting to

be held on October 15, 2025; seconded by Marlon Skenandore. Motion carried unanimously.

10/15/25:

Public Meeting Held. Present: Jonas Hill, Clorissa Leeman, Carolyn Salutz Present on

Microsoft Teams: Diane Wilson, Grace Elliott, Heidi Janowski, Joel Maxam, Michelle

Braaten, Peggy Van Gheem, Tavia James Charles, Michelle Tipple, Eric Boulanger. One (1)

individual provided public comments during the public meeting.

10/22/15:

Public Comment Period Closed. No individual provided written comments during the public

meeting.

11/5/25 LOC: Motion by Jonas Hill to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by Kirby

Metoxen. Motion carried unanimously.

12/3/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Carolyn Salutz, Grace

Elliott, Fawn Cottrell, Fawn Billie, Kristal Hill. The purpose of this work meeting was to

review and consider the public comments received.

12/30/25:

Work Meeting. Present: Jameson Wilson, Clorissa Leeman, Grace Elliott. The purpose of this

work meeting was to discuss how land use licenses and easements should be addressed –

whether they should be included in the PUTL law or the Real Property law.

Next Steps:

 Approve the adoption packet for the proposed amendments to the Public Use of Tribal Land

law and forward to the Oneida Business Committee.

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

Page 2 of 2

ONEIDA

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Title 6. Property and Land – Chapter 609

Tsi> yuhw<tsya=t# tewatenhot&kwa> Ukwehuw#=ne

That of the earth one opens it up Oneida Nation

PUBLIC USE OF TRIBAL LAND

609.1.

609.2.

609.3.

609.4.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Responsibilities of Land Management

609.5.

609.6.

609.7.

Land Access Map for Tribal Lands

Assignment and Use of Tribal Land

Enforcement

609.1.

Purpose and Policy

609.1-1. Purpose. The purpose of this law is to prevent improper access, use, and trespass to

Tribal lands.

609.1-2. Policy. It is the policy of the Nation to limit access to Tribal lands to protect and

preserve the environment and natural resources including forests, wildlife, air, and waters, through

appropriate uses of the land.

609.2.

Adoption, Amendment, Repeal

609.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-14C and amended by BC-12-10-14-A, BC-01-13-16-C,BC-07-26-17-D and BC-__-__-__-__.

609.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

609.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity does not affect other provisions of this law which are considered

to have legal force without the invalid portions.

609.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law controls.

609.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

609.2-6. This law may not be construed to preclude the Nation from pursuing relief for criminal

trespass under applicable law.

609.3.

Definitions

609.3-1. This section governs the definitions of words and phrases used within this law. All

words not defined herein are to be used in their ordinary and everyday sense.

(a) “Designation” means the term used to describe the type of access granted to certain

Tribal lands.

(b) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law.

and administering agricultural and commercial leases on behalf of the Nation, processing

trust transactions and land acquisition transactions, and for fulfilling other responsibilities

as identified within this law.

(d) “Land Use License” means an agreement entered into by the Nation providing a tribal

member the right to have gatherings within the reservation boundaries of groups larger than

6 O.C. 609 – Page 1

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seventy-five (75) people and/or an agreement between the Nation and any third-party

granting said party the right to occupy and/or utilize a specified piece of land for a specific

purpose and a specific duration.

(d) “Lease” means any lease or agreement, including business site leases, entered into by

the Nation and any person to allow the use of Tribal lands.

(e) “Nation” means the Oneida Nation.

(f) “Person” means any individual, group of individuals, corporation, partnership, limited

liability company, or any other form of organization.

(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law.

(h) “Reservation” means all the lands and waters within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1809 Treaty with the Oneida

7 Stat. 566, and any lands added thereto pursuant to federal law.

(i) “Rule” means a set of requirements, including a Land Access Map, and citation fees

and penalty schedules, enacted in accordance with the Administrative Rulemaking law

based on authority delegated in this law in order to implement, interpret and/or enforce this

law.

(j) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, as identified in

Article V of the Constitution and Bylaws of the Oneida Nation which is the judicial system

that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and

then later authorized to administer the judicial authorities and responsibilities of the Nation

by Oneida General Tribal Council resolution GTC-03-19-17-A.

(k)

“Tribal member” means an enrolled member of the Nation.

(l) “Tribal Landland” means all of the Nation’s trust lands, and any land or interest in land

held by the Nation in fee or in any other form on the Reservation.

(l) “Tribal member” means an enrolled member of the Nation.

609.4.

Responsibilities of Land Management

609.4-1. Land Management shall be delegated the duty and power to carry out the intent and

purposes of this law.

609.4-2. Administrative Rulemaking. Land Management shall be delegated rulemaking authority

in accordance with the Administrative Rulemaking law to develop rules which address:

(a) The development, approval, and maintenance of the Land Access Map;

(b) The allocation and assignment of land uses for all Tribal land;

(d) Issuance of easements;

(e(c) A fine and penalty schedule for violations of this law and its corresponding rules;

and

(fd) Any other rule needed to implement or interpret the provisions of this law.

609.4-3. Consultation. Land Management shall consult with the Land Assessment Team on the

development of all administrative rules.

(a) Land Assessment Team. The Land Assessment Team shall be comprised of the

following professionals employed by the Nation:

(1) Land Management Senior Management;

(2) Planning and Development Area Manager;

(3) Environmental Specialist;

(4) Tribal Historical Preservation Officer;

(5) GLIS Specialist;

6 O.C. 609 – Page 2

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(6) Zoning Administrator;

(7) Other subject matter experts based on the characteristics of the parcel to

include:

(A) If there is a house, then Comprehensive Housing Division Maintenance

and Rehabilitation Area Manager.

609.5.

Land Access Map for Tribal Lands

609.5-1. Designation of Tribal Lands. A Land Access Map shall be created which designates

Tribal land as one (1) of the following:

(a) Limited Access.

(1) Land Management may choose to designate a portion of land as Limited Access

in order to manage, preserve, and protect that land for environmental, cultural, or

other significance.

(2) Lands designated as Limited Access shall be open to all persons who are

granted land access permission by the Nation for specified purposes.

(b) Oneida Community Access.

(1) Land Management may choose to designate land as Oneida Community Access

in order to manage, preserve, and protect access to locations that have cultural or

environmental significance.

(2) Lands designated as “Oneida Community Access” shall be open to:

(A) Tribal members;

(B) spouses and descendants of Tribal members;

communities;

(D) members of Haudenosaunee First Nations governments or bands;

(E) authorized employees of the Nation; and

(F) persons who are accompanied at all times by a Tribal member, the

spouse or descendant of a Tribal member, or an authorized employee of the

Nation.

(1) Land Management may designate land as Oneida Tribal Member Access to

protect the land for Tribal member use due to the historical, spiritual, cultural,

and/or environmental significance of the land.

(2) Lands designated as Oneida Tribal Member Access are open to Tribal members

only.

(d) Open.

(1) Land Management may designate land as Open Access where such designation

is deemed beneficial to the Nation and where such designation does not pose

significant risk of damage to the Nation’s policies and/or the land’s cultural or

environmental preservation.

(2) Lands designated as Open Access are generally open to all persons for the

land’s designated use and enjoyment.

609.5-2. General Land Designation. Unless otherwise designated, Tribal land is designated as

limited access.

609.5-3. Notwithstanding the restrictions of section 609.5-1, nothing in this law may be

construed as preventing the following persons from entering Tribal land, regardless of the land

designation:

(a) Employees of the Nation who are performing their job duties;

6 O.C. 609 – Page 3

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(b) Those persons who are performing grant or contractual obligations related to the Tribal

land and on behalf of the Nation;

(d) Those persons who have been granted access to the land by Land Management.

609.5-4. Accessibility of Land Access Map. Land Management shall ensure that the Land Access

Map is made digitally available on the Nation’s website.

609.6.

Assignment and Use of Tribal Land

609.6-1. Assignment of Land Uses. Land Management shall be responsible for allocating and

assigning land uses to all Tribal land. The purpose of assigning land uses is to set consistent

practices and expectations for Land Management’s reviewing and assigning of land uses to Tribal

land in a way that incorporates all approved land policies to care for the land while working

towards building an autonomous community.

609.6-2. Permissible and Prohibited Uses for Tribal Land. As it deems appropriate, Land

Management may prescribe permissible and/or prohibited uses for Tribal land;

(a) Such permissible and/or prohibited uses may not contradict with the Zoning and

Shoreland Protection Ordinance.

(b) Upon establishment of permissible and/or prohibited uses, Land Management shall

post notice of such uses on the affected Tribal Land.

(1) Any postings of land shall be done in accordance with the requirements of the

Real Property law.

609.6-3. Land Use License. Land Management shall be responsible for creating a process for

accepting, reviewing, and approving or denying land use license application requests.

609.6-4. Easements. Land Management shall be responsible for creating a process for accepting,

reviewing, and approving or denying easement application requests.

609.7.

Enforcement

609.7-1. An Oneida Police Department officer or warden may require a person to provide proof

of eligibility to use any designated Tribal lands.

609.7-2. Issuance of a Citation. An individual who violates a provision of this law may be subject

to the issuance of a citation by an Oneida Police Department officer or warden.

(a) A citation for a violation of this law or any orders issued pursuant to this law may

include fines and other penalties, as well as conditional orders made by the Trial Court.

(b) A citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations.

End.

Adopted – BC-05-15-14-C

Emergency Amended – BC-07-23-14-C

Amended – BC-12-10-14-A

Emergency Amended – BC 07-08-15-C

Amended – BC-01-13-16-C

Amended – BC-07-26-17-D

Amended – BC-__-__-__-__

6 O.C. 609 – Page 4

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

r'\.

=DODDDD=

ONEIDA

Oneida Business Committee

Jameson Wilson, LOC Chairperson

January 21, 2026

Adoption of Amendments to the Public Use of Tribal Land Law

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

of amendments to the Public Use of Tribal Land law:

Resolution: Amendments to the Public Use of Tribal Land Law

Statement of Effect: Amendments to the Public Use of Tribal Land Law

Public Use of Tribal Land Law Amendments Legislative Analysis

Public Use of Tribal Land Law Amendments Draft (Redline)

Public Use of Tribal Land Law Amendments Draft (Clean)

Public Use of Tribal Land Law Amendments Fiscal Impact Statement

Overview

The purpose of the Public Use of Tribal Land law is to prevent improper access, use, and trespass

to Tribal lands. [6 O.C. 609.1-1]. Amendments to the Public Use of Tribal Land law are being

sought to:

▪ Eliminate the Environmental Resource Board from the Law and delegate all their former

responsibilities and duties to Land Management. [6 O.C. 609.4, 609.7];

▪ Delegate administrative rulemaking authority to Land Management to develop rules to:

▪ Develop, approve, and maintain the Land Access Map;

▪ Allocate and assign land uses for all Tribal lands;

▪ Develop a fine and penalty schedule for violations of this Law and its corresponding

rules; and

▪ Develop any other rules needed to implement or enforce this Law. [6 O.C. 609.42];

▪ Require that Land Management consult with the Land Assessment Team on the

development of all administrative rules. [6 O.C. 609.4-3];

▪ Add members of Haudenosaunee First Nations governments or bands to those who can

access land designated as Oneida Community Access. [6 O.C. 609.5-1(b)(2)];

▪ Require that the Land Access Map be made digitally available on the Nation’s website. [6

O.C. 609.5-4];

▪ Provide that Land Management is responsible for allocating and assigning land uses to all

Tribal land. [6 O.C. 609.6-1];

▪ Remove the provisions on amending the Land Access Map, as the administrative

rulemaking process shall now be followed.;

▪ Remove the provisions of the Law regarding trespass;

▪ Remove much of the provisions regarding citations, and simply providing that an

individual who violates a provision of this law or the corresponding rules may be subject

Page 1 of 2

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▪

to the issuance of a citation by a warden or an Oneida Police Department officer in

accordance with the Nation’s laws and policies governing citations. [6 O.C. 609.7-2]; and

Make other minor drafting changes throughout the Law.

The Legislative Operating Committee developed the proposed amendments to the Public Use of

Tribal Land law through collaboration with representatives from the Oneida Police Department,

Oneida Law Office, Land Management, and the Environmental, Land, Agriculture Division. The

Legislative Operating Committee held six (6) work meetings on the development of the

amendments to the Public Use of Tribal Land law.

The development of the amendments to the Public Use of Tribal Land law complies with all

processes and procedures required by the Legislative Procedures Act, including the development

of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public

meeting and public comment period. [1 O.C. 109.6, 109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Public Use of Tribal Land law on October 15, 2025. One (1) individual provided oral comments

during the public meeting. The public comment period for the amendments to this Law was held

open until October 22, 2025. No written comments were received during this public comment

period. The Legislative Operating Committee reviewed and considered all public comments

received on December 3, 2025. Any changes have been incorporated into this draft.

The amendments to the Public Use of Tribal Land law will become effective on February 25, 2026.

Requested Action

Adopt the Resolution: Amendments to the Public Use of Tribal Land law

Page 2 of 2

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

ONEIDA

Oneida Nation

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Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Public Use of Tribal Land Law

WHEREAS,

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

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

WHEREAS,

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

WHEREAS,

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

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

WHEREAS,

the Public Use of Tribal Land law (“the Law”) was adopted by the Oneida Business

Committee through resolution BC-05-15-14-C, and then was amended through resolutions

BC-12-10-14-A, BC-01-13-16-C, and BC-07-26-17-D; and

WHEREAS,

the purpose of this Law is to prevent improper access, use, and trespass to Tribal lands;

and

WHEREAS,

the amendments to the Law add definitions for the following terms: Land Management,

rule, Trial Court, and Tribal member, and eliminate the definition for trespass; and

WHEREAS,

the amendments to the Law eliminate the Environmental Resource Board from the Law

and delegate all their former responsibilities and duties to Land Management; and

WHEREAS,

the amendments to the Law delegate administrative rulemaking authority to Land

Management to develop rules to: develop, approve, and maintain the Land Access Map;

allocate and assign land uses for all Tribal lands; develop a fine and penalty schedule for

violations of this Law and its corresponding rules; and develop any other rules needed to

implement or enforce this Law; and

WHEREAS,

the amendments to the Law require that Land Management consult with the Land

Assessment Team on the development of all administrative rules; and

WHEREAS,

the amendments to the Law add members of Haudenosaunee First Nations governments

or bands to those who can access land designated as Oneida Community Access; and

WHEREAS,

the amendments to the Law require that the Land Access Map be made digitally available

on the Nation’s website; and

WHEREAS,

the amendments to the Law provide that Land Management is responsible for allocating

and assigning land uses to all Tribal land; and

WHEREAS,

the amendments to the Law remove the provisions on amending the Land Access Map, as

the administrative rulemaking process shall now be followed; and

WHEREAS,

the amendments to the Law remove the provisions of the Law regarding trespass; and

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BC Resolution _____________

Amendments to the Public Use of Tribal Land Law

Page 2 of 2

WHEREAS,

the amendments to the Law remove much of the provisions regarding citations, and simply

provide that an individual who violates a provision of this law or the corresponding rules

may be subject to the issuance of a citation by a warden or an Oneida Police Department

officer in accordance with the Nation’s laws and policies governing citations; and

WHEREAS,

the amendments to the Law make other minor drafting revisions; and

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Oneida Police Department, Oneida

Law Office, Land Management, and the Environmental, Land, and Agriculture Division; and

WHEREAS,

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

statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments

to the Law on October 15, 2025,with one (1) individual providing oral comments, and the

public comment period for the amendments to this Law were held open until October 22,

2025, with no submission of written comments received; and

WHEREAS,

the Legislative Operating Committee reviewed and considered all public comments

received on December 3, 2025; and

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Public Use of Tribal Land law, which shall become effective on February 25, 2026.

Administrative Rulemaking

BE IT FURTHER RESOLVED, Land Management shall develop all rules as deemed necessary to comply

with these adopted amendments to the Public Use of Tribal Land law.

One Year Review of the Public Use of Tribal Land Law

BE IT FINALLY RESOLVED, the Legislative Reference Office shall work with the affected entities to

conduct a one (1) year review of the Public Use of Tribal Land law and provide the Legislative Operating

Committee a report on the use and implementation of the Law.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

000000

PO Box 365 • Oneida, WI 54155‐0365

ONEIDA

Oneida‐nsn.gov

Statement of Effect

Amendments to the Public Use of Tribal Land Law

Summary

This resolution adopts amendments to the Public Use of Tribal Land law.

Submitted by: Clorissa N. Leeman, Senior Staff Attorney, Legislative Reference Office

Date: January 21, 2026

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Public Use of Tribal Land law. The purpose of the Public

Use of Tribal Land law is to prevent improper access, use, and trespass to Tribal lands. [6 O.C.

609.1-1]. Amendments to the Public Use of Tribal Land law are being sought to:

 Eliminate the Environmental Resource Board from the Law and delegate all their former

responsibilities and duties to Land Management. [6 O.C. 609.4, 609.7];

 Delegate administrative rulemaking authority to Land Management to develop rules to:

 Develop, approve, and maintain the Land Access Map;

 Allocate and assign land uses for all Tribal lands;

 Develop a fine and penalty schedule for violations of this Law and its corresponding

rules; and

 Develop any other rules needed to implement or enforce this Law. [6 O.C. 609.42];

 Require that Land Management consult with the Land Assessment Team on the

development of all administrative rules. [6 O.C. 609.4-3];

 Add members of Haudenosaunee First Nations governments or bands to those who can

access land designated as Oneida Community Access. [6 O.C. 609.5-1(b)(2)];

 Require that the Land Access Map be made digitally available on the Nation’s website. [6

O.C. 609.5-4];

 Provide that Land Management is responsible for allocating and assigning land uses to all

Tribal land. [6 O.C. 609.6-1];

 Remove the provisions on amending the Land Access Map, as the administrative

rulemaking process shall now be followed.;

 Remove the provisions of the Law regarding trespass;

 Remove much of the provisions regarding citations, and simply providing that an

individual who violates a provision of this law or the corresponding rules may be subject

to the issuance of a citation by a warden or an Oneida Police Department officer in

accordance with the Nation’s laws and policies governing citations. [6 O.C. 609.7-2]; and

 Make other minor drafting changes throughout the Law.

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.1Page 1 of 2

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

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1]. The Public Use of Tribal Land law amendments complied with all processes and procedures

required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Public Use of Tribal Land law on October 15, 2025. One (1) individual provided oral comments

during the public meeting. The public comment period for the amendments to this Law was held

open until October 22, 2025. No written comments were received during this public comment

period. The Legislative Operating Committee reviewed and considered all public comments

received on December 3, 2025.

The amendments to the Public Use of Tribal Land law will become effective on February 25, 2026.

This resolution also directs Land Management to develop all rules as deemed necessary to comply

with these adopted amendments to the Public Use of Tribal Land law. The Administrative

Rulemaking law provides a process for the adoption and amendment of administrative rules. [1

O.C. 106.1-1]. It is the policy of the Nation to ensure there is an efficient, effective and democratic

process for enacting and revising administrative rules, and that authorized agencies act in a

responsible and consistent manner when enacting and revising administrative rules. [1 O.C. 109.12]. Any rules developed or amended in accordance with this Public Use of Tribal Land law must

comply with all processes and procedures of the Administrative Rulemaking law.

Additionally, this resolution directs the Legislative Reference Office shall conduct a one (1) year

review of the Public Use of Tribal Land law and provide the Legislative Operating Committee a

report on the use and implementation of the Law.

Conclusion

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

Page 2 of 2

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

ONEIDA

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PUBLIC USE OF TRIBAL LAND LAW

AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Intent of the

Proposed Amendments

Analysis by the Legislative Reference Office

 Add definitions for the following terms: Land Management [6 O.C.

609.3-1(c)], rule [6 O.C. 609.3-1(c)], Trial Court [6 O.C. 609.3-1(j)], and

Tribal member [6 O.C. 609.3-1(k)], and eliminate the definition for

trespass;

 Eliminate the Environmental Resource Board from the Law and delegate

all their former responsibilities and duties to Land Management. [6 O.C.

609.4, 609.7];

 Delegate administrative rulemaking authority to Land Management to

develop rules to:

 Develop, approve, and maintain the Land Access Map;

 Allocate and assign land uses for all Tribal lands;

 Develop a fine and penalty schedule for violations of this Law and its

corresponding rules; and

 Develop any other rules needed to implement or enforce this Law. [6

O.C. 609.4-2];

 Require that Land Management consult with the Land Assessment Team

on the development of all administrative rules. [6 O.C. 609.4-3];

 Add members of Haudenosaunee First Nations governments or bands to

those who can access land designated as Oneida Community Access. [6

O.C. 609.5-1(b)(2)];

 Require that the Land Access Map be made digitally available on the

Nation’s website. [6 O.C. 609.5-4];

 Provide that Land Management is responsible for allocating and assigning

land uses to all Tribal land. [6 O.C. 609.6-1];

 Remove the provisions on amending the Land Access Map, as the

administrative rulemaking process shall now be followed.;

 Remove the provisions of the Law regarding trespass;

 Remove much of the provisions regarding citations, and simply provide

that an individual who violates a provision of this law or the

corresponding rules may be subject to the issuance of a citation by a

warden or an Oneida Police Department officer in accordance with the

Nation’s laws and policies governing citations. [6 O.C. 609.7-2]; and

 Make other minor drafting changes throughout the Law.

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Purpose

Affected Entities

Public Meeting

Fiscal Impact

The purpose of this law is to prevent improper access, use, and trespass to

Tribal lands. [6 O.C. 609.1-1].

Land Management, Oneida Police Department

A public meeting was held on October 15, 2025, and the public comment

period was held open until October 22, 2025.

A fiscal impact statement was provided by the Finance Administration on

January 8, 2026.

SECTION 2. LEGISLATIVE DEVELOPMENT

A. Background. The Public Use of Tribal Land law (“the Law”) was originally adopted by the Oneida

Business Committee in 2014 through resolution BC-05-15-14-C, and then was amended through

resolutions BC-12-10-14-A, BC-01-13-16-C, and BC-07-26-17-D. The purpose of the Law is to

prevent improper access, use, and trespass to Tribal lands. [6 O.C. 609.1-1].It is the policy of the Nation

to limit access to Tribal lands to protect and preserve the environment and natural resources including

forests, wildlife, air, and waters, through appropriate uses of the land. [6 O.C. 609.1-2].

B. Request for Amendments. On August 10, 2022, the Oneida Business Committee adopted a motion “to

direct the General Manager to complete the assessment regarding the feasibility of the Environmental,

Health, Safety, Land, & Agriculture Division taking on the roles of the Environmental Resources Board

and for the assessment to be submitted at the second meeting Business Committee meeting in

September.” In short, the General Manager concluded that although changes were necessary to those

Oneida laws that delegated the authority and responsibility to the Environmental Resources Board

(ERB), those responsibilities that were jointly executed by the ERB and Environmental, Health, Safety,

and Land Division (EHSLA), could be assumed by EHSLA. Additionally, for those duties that

delegated ERB the power and duty to carry out the intent and purposes of the law, including

enforcement, those responsibilities could be delegated to EHSLA and/or the Oneida Land Commission.

On September 28, 2022, the Oneida Business Committee adopted a motion to accept the

Environmental, Health, Safety, Land, and Agriculture/Environmental Resource Board assessment; to

recommend the dissolution the Environment Resource Board; and to direct Chief Counsel to bring

back a report in forty-five (45) days on actions that need to take place in order to complete the

dissolution of the Environmental Resource Board including amendments to laws and addressing any

background material. The Oneida Law Office provided this report to the Oneida Business Committee

on November 29, 2022.This item was then added to the Active Files List on December 7, 2022, in an

effort to make amendments to address the dissolution of the Environmental Resources Board, and

transition the Board’s responsibilities to the Environmental, Health, Safety, Land and Agriculture

Division and/or the Oneida Land Commission.

SECTION 3. CONSULTATION AND OUTREACH

A. Representatives from the following departments or entities participated in the development of the

amendments to the Law and this legislative analysis:

 Oneida Police Department;

 Land Management;

 Oneida Law Office; and

 Environmental, Land, and Agriculture Division.

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B. The following laws were reviewed in the drafting of this analysis:

 Legislative Procedures Act;

 Administrative Rulemaking law;

 Real Property law;

 Public Peace law; and

 Citations Law.

SECTION 4. PROCESS

A. The development of the proposed amendments to the Law complies with the process set forth in the

Legislative Procedures Act (LPA).

 On October 4, 2023, the Legislative Operating Committee added the Public Use of Tribal Land

law amendments to its Active Files List.

 On August 20, 2025, the Legislative Operating Committee approved the draft of amendments to

the Public Use of Tribal Land law.

 On September 3, 2025, the Legislative Operating Committee approved the legislative analysis and

the public meeting packet for the proposed amendments to the Public Use of Tribal Land law and

scheduled a public meeting to be held on October 15, 2025.

 On October 15, 2025, the public meeting was held. One (1) individual provided public comments

during the public meeting.

 The public comment period then closed on October 22, 2025. No individuals provided written

comments during the public meeting.

 On November 5, 2025, the Legislative Operating Committee accepted the public comments and

the public comment review memorandum and deferred these items to a work meeting for further

consideration.

 On December 3, 2025, the Legislative Operating Committee reviewed and considered the public

comments received.

 On December 17, 2025, the Legislative Operating Committee approved the updated public

comment review memo, draft, and legislative analysis; and then also approved the fiscal impact

statement request memorandum and forward to the Finance Department directing that a fiscal

impact statement be prepared and submitted to the LOC by January 15, 2026.

 On January 8, 2026, the Finance Administration provided the Legislative Operating Committee the

fiscal impact statement.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to the Law this legislative term:

 January 3, 2024: LOC work session.

 April 29, 2025: LOC work session with Oneida Law Office, Oneida Police Department, Land

Management, and the Environmental, Land, and Agriculture Division.

 May 20, 2025: LOC work session with Oneida Law Office, Oneida Police Department, and Land

Management.

 August 11, 2025: LOC work session with Oneida Law Office, Oneida Police Department, and

Land Management.

 December 3, 2025: LOC work session.

 December 30, 2025: LOC work session.

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SECTION 5. CONTENTS OF THE LEGISLATION

A. Definitions. The proposed amendments to the Law add definitions for the following terms: Land

Management [6 O.C. 609.3-1(c)], rule [6 O.C. 609.3-1(i)], Trial Court [6 O.C. 609.3-1(j)], and Tribal

member [6 O.C. 609.3-1(k)]. The definition for trespass was eliminated from the Law, as the term is

no longer used in the Law.

 Effect. Updating the definitions to include new terms that are used in the Law, and eliminate terms

that are no longer used in the Law provides greater clarification for those who read the Law.

B. Elimination of the Environmental Resource Board. The current Law provides that the Environmental

Resource Board has the duty and power to carry out the intent and purposes of this law and enforce the

provisions of this law. [current 6 O.C. 609.4-1]. Throughout the Law the Environmental Resource

Board is then given a variety of different responsibilities and authorities, particularly in regard to the

development and maintenance of the Land Access Map. The proposed amendments to the Law remove

all mentions of the Environmental Resource Board from the Law, and instead delegates all

responsibilities of the Environmental Resource Board provided in the law to Land Management. [6

O.C. 609.4-1].

 Effect. The removal of the Environmental Resource Board through the proposed amendments to

the Law aligns with the September 28, 2022, Oneida Business Committee directive to dissolve the

Environment Resource Board. The Environmental Resource Board has to be eliminated from all

laws of the Nation, and their responsibilities delegated to another entity before the board can be

officially dissolved.

C. Delegation of Administrative Rulemaking. The proposed amendments to the Law delegate rulemaking

authority in accordance with the Administrative Rulemaking law to Land Management to develop rules

to address: the development, approval, and maintenance of the Land Access Map; the allocation and

assignment of land uses for all Tribal land; a fine and penalty schedule for violations of this law and its

corresponding rules; and any other rule needed to implement or interpret the provisions of this law. [6

O.C. 609.4-2].

 Effect. The Administrative Rulemaking law provides that only authorized agencies may

promulgate rules once they are granted rulemaking authority by a law of the Nation. [1 O.C. 106.41]. This proposed amendments to the Law delegates Land Management rulemaking authority in

accordance with the Administrative Rulemaking law. This delegation of rulemaking authority will

allow Land Management to develop rules to best address their responsibilities provided through

this Law.

D. Consultation with the Land Assessment Team. The proposed amendments to the Law include a new

provision which requires that Land Management consult with the Land Assessment Team on the

development of all administrative rules. [6 O.C. 609.4-3]. The Land Assessment Team is comprised of

the following professionals employed by the Nation: Land Management Senior Management; Planning

and Development Area Manager; Environmental Specialist; Tribal Historical Preservation Officer;

GLIS Specialist; Zoning Administrator; and other subject matter experts based on the characteristics of

the parcel to include: if there is a house, then Comprehensive Housing Division Maintenance and

Rehabilitation Area Manager. [6 O.C. 609.4-3(a)]. Section 609.5-3 of the current Law does require the

Environmental Resource Board to develop the Land Access Map in coordination with the Oneida

Environmental Health and Safety Division, the Oneida Division of Land Management, Geographic

Land Information Systems and other such designated agencies of the Nation.

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Effect. The requirement that Land Management consults with the Land Assessment Team on the

development of administrative rules ensures that Land Management is collecting input from some

of the Nation’s subject matter experts on land. This is similar to current collaboration requirements

for the development of the Land Access Map included in the Law.

E. Oneida Community Access. Currently, the Public Use of Tribal Land law designates Tribal land to

have one (1) of the following accesses: limited access, Oneida Community access, Oneida Tribal

member access, and open access. [6 O.C. 609.5-1]. Each access designation is open to different groups

of people. Lands designated as Oneida community access are open to: Tribal members; spouses and

descendants of Tribal members; members of other federally recognized Indian tribes, bands or

communities; authorized employees of the Nation; and persons who are accompanied at all times by a

Tribal member, the spouse or descendant of a Tribal member, or an authorized employee of the Nation.

[6 O.C. 609.5-1(b)(2)]. Land is designated as Oneida community access for the protection of the land

due to the historical, spiritual, cultural, and/or environmental significance of the land. [6 O.C. 609.51(c)].The proposed amendments to the Law add members of Haudenosaunee First Nations

governments or bands to those who can access land designated as Oneida Community Access. [6 O.C.

609.5-1(b)(2)].

 Effect. The proposed amendments to the Law recognize those members of Haudenosaunee First

Nations governments or bands in Canada with the same status as members of other federally

recognized Indian tribes, bands or communities.

F. Accessibility of Land Access Map. The proposed amendments to the Law include a new provision

which requires that Land Management ensures that the Land Access Map is made digitally available

on the Nation’s website. [6 O.C. 609.5-4].

 Effect. This proposed amendment ensures that people have access to the Land Access Map and the

information contained in the map regarding the different designations of Tribal land so that they

can best comply with the restrictions on the different designations of the Tribal lands.

G. Assigning Land Uses. The proposed amendments to the Law include a new provision that now

provides that Land Management is responsible for allocating and assigning land uses to all Tribal land.

[6 O.C. 609.6-1]. The Law goes on to provide that the purpose of assigning land uses is to set consistent

practices and expectations for Land Management’s reviewing and assigning of land uses to Tribal land

in a way that incorporates all approved land policies to care for the land while working towards building

an autonomous community. Id. Land Management is also delegated administrative rulemaking

authority to develop rules to address the allocation and assignment of land uses for all Tribal land. [6

O.C. 609.4-2(b)].

 Effect. Currently, it is the Real Property law that addresses the assignments of land uses. The Real

Property law provides that the Oneida Land Commission is responsible for allocating and assigning

land uses to all Tribal land, except those uses governed by the Public Use of Tribal Land law, based

on the Land Use Technical Unit rules which the Oneida Planning Department shall develop in

collaboration with affected Oneida divisions and departments and the Oneida Land Commission.

[6 O.C. 601.12-2(e)]. The Land Use Technical Unit rules have currently been replaced with Real

Property Law Rule No. 1 - Land Assessments for the Nation’s Decisionmakers to Build an

Autonomous Community (LANDBAC). It has been determined that the allocation and assignments

of land uses fits better under the Public Use of Tribal Land law instead of the Real Property law.

The Real Property law is currently being amended to remove these provisions so they can be

addressed in this Law instead.

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H. Amending the Land Access Map. Currently, section 609.5-5 of the Law includes provisions on

amending the Land Access Map and addresses who may request amendments to the Land Access Map

as well as holding a public hearing to consider potential amendments to the Land Access Map. The

proposed amendments to the Law remove the provisions on amending the Land Access Map.

 Effect. Provisions regarding the amendment of the Land Access Map were removed from the Law

because the Land Access Map is now required by the proposed amendments to be an administrative

rule. [6 O.C. 609.4-2(a)]. Therefore, the administrative rulemaking process provided for in the

Administrative Rulemaking law is now required to be followed if Land Management wants to

amend the Land Access Map. [1 O.C. 106].

I. Trespass. Currently, section 609.6 of the Law addresses trespass by providing for what constitutes

trespass and how to post that permission by the landowner or occupant for such person to enter such

land does not exist. The proposed amendments to the law remove the provisions of the Law regarding

trespass.

 Effect. Provisions regarding trespass were removed from the Law in the proposed amendments in

an effort to avoid duplicative provisions in law due to the fact that trespass is addressed through

the Nation’s Public Peace law. [3 O.C. 309.5-3]. It was determined that the information on how to

post that permission for a person to enter land does not exist currently provided for in section 609.61(a)-(b) of the Law would be better suited in the Real Property law so that it can apply to land not

just owned by the Nation, but also land owned by individuals. The Real Property law is currently

being amended so that the posting for trespass provisions can be addressed in the Real Property

law instead of this Law.

J. Citations. Section 609.7 of the current Law contains a lot of provisions regarding the citation process,

including information on the issuance of citations and enforcement of this law, hearings and appeals of

citations, penalties for citations, allocation of citation revenue and pursuing the payment of citations.

The proposed amendments to the Law remove much of the provisions regarding citations and simply

provide that an individual who violates a provision of this law or the corresponding rules may be subject

to the issuance of a citation by a warden or an Oneida Police Department officer in accordance with the

Nation’s laws and policies governing citations. [6 O.C. 609.7-2].

 Effect. The proposed amendments remove bulk of the language regarding citations, because since

this Law was last amended a Citations law which provides a process that governs all citations that

fall under the jurisdiction of the Oneida Nation was adopted. [8 O.C. 807.1-1]. Referencing the

Citations law instead of including specific provisions within this Law ensures that all citations of

the Nation are handled in a consistent manner.

K. Other Amendments. Overall, a variety of other amendments and revisions were made to the Law to

address formatting, drafting style, and organization that did not affect the substance of the Law.

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SECTION 6. EXISTING LEGISLATION

A. Other Related Laws of the Nation. The following laws of the Nation are related to the proposed

amendments to this Law.

 Administrative Rulemaking Law. The Administrative Rulemaking law provides an efficient,

effective, and democratic process for enacting and revising administrative rules, to ensure that

authorized agencies act in a responsible and consistent manner when enacting and revising

administrative rules. [1 O.C. 106.1-2].

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

The Public Use of Tribal Land law delegates rulemaking authority to Land Management to

promulgate rules to govern a variety of topics related to the public use of Tribal land. [6 O.C.

609.4-2].

 Any rules promulgated by Land Management under the Public Use of Tribal Land law will be

required to be developed in accordance with the process and procedures of the Administrative

Rulemaking law.

Legislative Procedures Act. The Legislative Procedures Act provides a standard process for the

development and adoption of laws of the Nation which includes taking into account comments

from members of the Nation and input from agencies within the organization of the Nation. [1 O.C.

109.1-1, 109.1-2].

 The development of amendments to the Public Use of Tribal Land law complies with the

process and procedures of the Legislative Procedures Act.

Citations Law. The Citations law provides a process that governs all citations that fall under the

jurisdiction of the Oneida Nation. [8 O.C. 807.1-1]. It is the policy of the Nation to provide a

consistent process for handling citations of the Nation in order to ensure equal and fair treatment

to all persons who come before the Judiciary to have their citations resolved. [8 O.C. 807.1-2].

 The Public Use of Tribal Land law provides that an individual who violates a provision of this

law or the corresponding rules may be subject to the issuance of a citation by a warden or an

Oneida Police Department officer in accordance with the Nation’s laws and policies governing

citations. [4 O.C. 406.10-4].

 Any citations issues under the Public Use of Tribal Land law must comply with the process for

handling citations as provided for in the Citations law.

Real Property Law. The Real Property law provides regulations and procedures for the transfer,

control and management of the territory within the Reservation and all Tribal land; to integrates

these regulations and procedures with the real property laws and practices of other federal and state

sovereigns which may hold jurisdiction within the Reservation; and to establishes licensing and

certification requirements for the Nation’s employees dealing with real property transactions. [6

O.C. 601.1-1]. It is the policy of the Nation to set out the responsibilities and expectations for

persons purchasing and/or managing real property on behalf of the Nation and/or within the

Reservation and to provide real property holder’s rights and responsibilities. [6 O.C. 601.1-2].

 The provisions of the current Public Use of Tribal law regarding postings for trespass will be

removed from the Law, and instead placed into the Real Property law.

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SECTION 7. OTHER CONSIDERATIONS

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A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

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legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC246

10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

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Act,” provides further clarification on who the Legislative Operating Committee may direct complete

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a fiscal impact statement at various stages of the legislative process, as well as timeframes for

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completing the fiscal impact statement.

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 Conclusion. The Finance Administration provided the Legislative Operating Committee a fiscal

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impact statement on January 8, 2026.

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Title 6. Property and Land – Chapter 609

PUBLIC USE OF TRIBAL LAND

Tsi> yuhw<tsya=t# tewatenhot&kwa> Ukwehuw#=ne

That of the earth one opens it up Oneida Nation

609.1. Purpose and Policy

609.2. Adoption, Amendment, Repeal

609.3. Definitions

609.4. Environmental Resource Board

609.5. Land Access Map

609.6. Trespass

609.7. Violations and Appeals

PUBLIC USE OF TRIBAL LAND

609.1.

609.2.

609.3.

609.4.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Responsibilities of Land Management

609.5.

609.6.

609.7.

Land Access Map for Tribal Lands

Assignment and Use of Tribal Land

Enforcement

609.1.

Purpose and Policy

609.1-1. Purpose. The purpose of this law is to prevent improper access, use, and trespass to

Tribal lands.

609.1-2. Policy. It is the policy of the Nation to limit access to Tribal lands to protect and

preserve the environment and natural resources including forests, wildlife, air, and waters, through

appropriate uses of the land.

609.2.

Adoption, Amendment, Repeal

609.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-14C and amended by BC-12-10-14-A, BC-01-13-16-C and ,BC-07-26-17-D. and BC-__-__-__-__.

609.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

609.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity does not affect other provisions of this law which are considered

to have legal force without the invalid portions.

609.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law controls.

609.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

609.2-6. This law may not be construed to preclude the Nation from pursuing relief for criminal

trespass under applicable law.

609.3.

Definitions

609.3-1. This section governs the definitions of words and phrases used within this law. All

words not defined herein are to be used in their ordinary and everyday sense.

(a) “Designation” means the term used to describe the type of access granted to certain

Tribal lands.

(b) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law, which is payable to ERB or the Department within the

amount of time designated by the rules.

6 O.C. 609 – Page 1

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into and administering agricultural and commercial leases on behalf of the Nation,

processing trust transactions and land acquisition transactions, and for fulfilling other

responsibilities as identified within this law.

(d) “Lease” means any lease or agreement, including business site leases, entered into by

the Nation and any person to allow the use of Tribal lands.

(d) e) “Nation” means the Oneida Nation.

(e)f)

“Person” means any individual, group of individuals, corporation,

partnership, limited liability company, or any other form of business organization.

(fg)“Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law and may include, but is not limited to, the

confiscation of equipment, the imposition of a wildlife protection assessment (civil

recovery value), and restitution.

(gh)

“Reservation” means all the lands and waters within the exterior boundaries

of the Reservation of the Oneida Nation, as created pursuant to the 186091809 Treaty with

the Oneida 7 Stat. 566, and any lands added thereto pursuant to federal law.

(h) “Trespass” means the unauthorized use or entry on Tribal lands, including unauthorized

uses under any law, rule, permit or lease of the Nation.

(i) (i)

“Tribal Land “Rule” means a set of requirements, including a Land Access

Map, and citation fees and penalty schedules, enacted in accordance with the

Administrative Rulemaking law based on authority delegated in this law in order to

implement, interpret and/or enforce this law.

(j) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, as identified in

Article V of the Constitution and Bylaws of the Oneida Nation which is the judicial system

that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and

then later authorized to administer the judicial authorities and responsibilities of the Nation

by Oneida General Tribal Council resolution GTC-03-19-17-A.

(k) “Tribal land” means all of the Nation’s trust lands, and any land or interest in land held

by the Nation in fee or in any other form on the Reservation.

(l) “Tribal member” means an enrolled member of the Nation.

609.4.

Environmental Resource Board

Responsibilities of Land Management

609.4-1. The Environmental Resource Board hasLand Management shall be delegated the duty

and power to carry out the intent and purposes of this law and enforce the provisions of this law.

The Environmental Resource Board, or designated staff, shall:.

609.4-2. Administrative Rulemaking. Land Management shall be delegated rulemaking authority

in accordance with the Administrative Rulemaking law to develop rules which address:

(a) Develop, approveThe development, approval, and maintainmaintenance of the Land

Access Map.;

(b) Hold public hearings on proposed amendments to the Land Access Map.

ensure the appropriate signs are posted.uses for all Tribal land;

(d) Implement and (c) A fine and penalty schedule for violations of this law and its

corresponding rules; and

(d) Any other rule needed to implement or interpret the provisions of this law.

(e) As it deems appropriate, prescribe permissible and/or prohibited uses for Tribal land

that it designates as Oneida Community Access, Oneida Tribal Member Access or Open

Access, provided that such permissible and/or prohibited uses may not contradict with the

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Zoning and Shoreland Protection Ordinance. Upon establishment of permissible and/or

prohibited uses, the Environmental Resource Board shall notify the Oneida Business

Committee of the permissible and/or prohibited uses and shall post notice of such uses on

the affected Tribal Land.

609.4-3. Consultation. Land Management shall consult with the Land Assessment Team on the

development of all administrative rules.

(a) Land Assessment Team. The Land Assessment Team shall be comprised of the

following professionals employed by the Nation:

(1) Land Management Senior Management;

(2) Planning and Development Area Manager;

(3) Environmental Specialist;

(4) Tribal Historical Preservation Officer;

(5) GLIS Specialist;

(6) Zoning Administrator;

(7) Other subject matter experts based on the characteristics of the parcel to

include:

(A) If there is a house, then Comprehensive Housing Division Maintenance

and Rehabilitation Area Manager.

609.5.

Land Access Map for Tribal Lands

609.5-1. Designation of Tribal Lands. A Land Access Map mustshall be created which

designates Tribal land as one (1) of the following:

(a) Limited Access: Lands designated as “Limited Access” are open to all persons who are

granted land access permission by the Nation through a permit or lease for specified

purposes. The Environmental Resource Board.

(1) Land Management may choose to designate a portion of land as Limited Access

in order to manage, preserve, and protect that land for environmental, cultural, or

other significance.

(2) Lands designated as Limited Access shall be open to all persons who are

granted land access permission by the Nation for specified purposes.

(b) Oneida Community Access:.

(1) Land Management may choose to designate land as Oneida Community Access

in order to manage, preserve, and protect access to locations that have cultural or

environmental significance.

(2) Lands designated as “Oneida Community Access” areshall be open to:

(A) Tribal members, and their;

(B) spouses and descendants; of Tribal members;

communities;

(D) members of Haudenosaunee First Nations governments or bands;

(E) authorized employees of the Nation; and

(F) persons who are accompanied at all times by a Tribal member, the

spouse or descendant of a Tribal member, or an authorized employee of the

Nation.

(1) A Conservation Warden or Oneida Police Officer may require a person to

provide proof of eligibility to use Oneida Community Access lands.

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(2) The Environmental Resource Board may choose to designate land as Oneida

Community Access in order to manage, preserve and protect access to locations

that have cultural or environmental significance.

are open to Tribal members only. The Environmental Resource Board.

(1) Land Management may designate land as Oneida Tribal Member Access to

protect the land for Tribal member use due to the historical, spiritual, cultural,

and/or environmental significance of the land.

(d) Open:2) Lands designated as “OpenOneida Tribal Member Access” are

generally open to all persons for the land’s designated use and enjoyment. The

Environmental Resource BoardTribal members only.

(d) Open.

(1) Land Management may designate land as Open Access where such designation

is deemed beneficial to the Nation and where such designation does not pose

significant risk of damage to the Nation’s policies and/or the land’s cultural or

environmental preservation.

(2) Lands designated as Open Access are generally open to all persons for the

land’s designated use and enjoyment.

609.5-2. General Land Designation. Unless otherwise designated, Tribal land is designated as

limited access.

609.5-3. Notwithstanding the restrictions of section 609.5-1, nothing in this law may be

construed as preventing the following persons from entering Tribal land, regardless of the land

designation:

(a) Employees of the Nation who are performing their job duties;

(b) Those persons who are performing grant or contractual obligations related to the Tribal

land and on behalf of the Nation;

(d) Those persons who have been granted access to the land by the Environmental

Resource BoardLand Management.

609.5-3. Development609.5-4. Accessibility of the Land Access Map. The Environmental

Resource BoardLand Management shall developensure that the Land Access Map is made digitally

available on the Nation’s website.

609.6in coordination. Assignment and Use of Tribal Land

609.6-1. Assignment of Land Uses. Land Management shall be responsible for allocating and

assigning land uses to all Tribal land. The purpose of assigning land uses is to set consistent

practices and expectations for Land Management’s reviewing and assigning of land uses to Tribal

land in a way that incorporates all approved land policies to care for the land while working

towards building an autonomous community.

609.6-2. Permissible and Prohibited Uses for Tribal Land. As it deems appropriate, Land

Management may prescribe permissible and/or prohibited uses for Tribal land;

(a) Such permissible and/or prohibited uses may not contradict with the Oneida

Environmental Health and Safety Division, the Oneida Division of Land Management,

Geographic Land Information Systems and other such designated agencies of the Nation.

The Environmental Resource Board shall adopt the initial Land Access Map.Zoning and

Shoreland Protection Ordinance.

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609.5-4. General Land Designation. Unless otherwise designated, Tribal land is designated as

limited access.

609.5-5. Amending the Land Access Map. The Environmental Resource Board may, from time

to time, in the manner hereafter set forth, amend the Land Access Map, provided that due

consideration must be made for the intent and purposes of the designation.

(a)

Amendments may be proposed by any person by filing an application(b) Upon

establishment of permissible and/or prohibited uses, Land Management shall post notice

of such uses on the affected Tribal Land.

(1) Any postings of land shall be done in accordance with the Environmental Resource

Board in such format and accompanied by such information as required by the Board.

(b) Public Hearing. The Environmental Resource Board shall hold a public hearing on

each application to amend the Land Access Map.

(1) The Environmental Resource Board shall set a date for the public hearing and

meet the notice requirements of the public hearing as soon as possible after the

filing of the application is completeReal Property law.

609.7(A)

Notice. Not less than ten (10) business days and not more

than thirty (30) business days prior to the public hearing, notice, including

the time, place and purpose of the public hearing, must be:

(i) published in the Nation’s newspaper; and

(ii) mailed to all owners of land located within twelve hundred

(1,200) feet of the outer boundaries of the land that is the subject of

the public hearing.

(B) Any person who cannot attend the public hearing may be represented

by an agent, advocate or attorney at the public hearing.

Environmental Resource Board shall also accept written comments, which

must be submitted within five (5) business days of the date of the public

meeting.

(D) The Environmental Resource Board shall issue a decision or

recommendation regarding amendments to the Land Access Map within

seven (7) business days after the public hearing is held.

(2) The Environmental Resource Board together with the Environmental Health

and Safety Division shall, after holding a public hearing and reviewing any

comments received, make written findings of fact and determine whether to amend

the Land Access Map.

(3) The Environmental Resource Board shall make findings based upon the

evidence presented to it with respect to the following matters:

(A) Existing uses of the land and buildings within the general area of the

land in question.

(B) Suitability of the land in question to the uses permitted under the

existing Land Access Map.

(4) The Environmental Resource Board may not amend the Land Access Map

unless it finds that adopting such amendment is in the Nation’s best interest and is

not solely for the interest of the applicant.

Land Access Map; however, amendments must require a two-thirds (2/3) vote of the

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Environmental Resource Board if a written protest against any amendment is presented to

the Environmental Resource Board and is signed by:

(1) the lessees, assignees and owners of at least twenty percent (20%) of the acres

of land included in such amendment; or

(2) the lessees, assignees and owners of at least twenty percent (20%) of the land

immediately adjacent to the land included in such amendment, extending in a radius

of twelve hundred (1,200) feet of the outer boundaries of the land.

609.6.

Trespass.

Enforcement

609.7-1. An Oneida Police Department officer or warden may require a person to provide proof

of eligibility to use any designated Tribal lands.

609.7-2. Issuance of a Citation. An individual who violates a provision of this law may be subject

to the issuance of a citation by an Oneida Police Department officer or warden.

(a) A citation

609.6-1. A person trespasses if the person enters or otherwise occupies Tribal land and:

(a) Refuses to leave land to which the person has no reasonable claim or right of possession

when requested to do so.

(b) Enters upon such land after being noticed by the landowner or occupant that permission

for the person to enter such land does not exist, or has been expressly denied or revoked.

A person has been noticed that permission by the landowner or occupant for such person

to enter such land does not exist if he or she has been notified publicly, by publication of

the Land Access Map on the Nation’s website and/or in the Nation’s newspaper, or if the

land is posted. Land is considered to be posted if one (1) of the following requirements is

met:

(1) A sign at least eleven inches (11”) square is placed in at least two (2)

conspicuous places for every forty (40) acres of land to be protected. The sign shall

provide an appropriate notice and the name of the person giving the notice,

followed by the word “owner” if the person is the holder of legal title to the land or

by the word “occupant” if the person is a lawful occupant of the land, but not the

holder of legal title.

(2) Markings at least one foot (1’) long and, in a contrasting color, the phrase

“private land” and the name of the owner, are made in at least two (2) conspicuous

places for every forty (40) acres of land.

otherwise required under applicable law:1

(1) Destroys land, waters, livestock, poultry, buildings, equipment, or any property

without consent or permission.

(2) Cuts or destroys any wood, timber, plant, vegetation, or crop standing on the

land, or carries away any wood, timber, plant, vegetation or crop on the land.

(3) Engages in any act, or attempted act of hunting, trapping or fishing.

(4) Digs, takes, or carries away earth, soil, minerals, cultural resources, or any other

property.

Current Tribal laws that authorize conduct described in 609.6-1(c): Protection and Management of Archeological

and Historical Resources; Oneida Tribal Regulation of Domestic Animals Ordinance; Tribal Environmental Response

Law; Wood Cutting Ordinance; Recycling and Solid Waste Disposal; Hunting, Fishing and Trapping Law; All-Terrain

Vehicle Law; Zoning and Shoreland Protection Law.

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(5) Erects, puts up, fastens, prints, or paints upon another’s property, notices,

advertisements, signs or other writing designed to communicate to the general

public.

(6) Parks or drives any vehicle on the land.

(7) Permits or allows livestock or any domesticated animal to enter upon or remain

upon the land.

(8) Uses or possesses leased or sub-leased lands beyond the possessory rights

granted by such lease or sub-lease.

(9) Dumps, deposits, places, throws, burns, emits or leaves rubbish, refuse, debris,

substances, or other objects upon a highway, road, air, waters or any land.

609.7.

Violations, Enforcement and Appeals

609.7-1.

Citations. Citations for thea violation of this law and/or any orders issued

pursuant to this law may include fines, and other penalties and, as well as conditional and

other orders in accordance with the citation schedule applicable to this law. A separate

offense shall be deemed committed on each day during or on which a violation occurs or

continues. The issuance of a citation or fine under any other law relating to the same or

any other matter does not preclude the issuance of a citation under this law.orders made by

the Trial Court.

(a) Any order issued pursuant to this law that is not complied with may be physically

enforced by Oneida Police Officers or Oneida Conservation Wardens at the Owner’s

expense.

(b)

The Oneida Police Department, by means of Oneida Police Officers and Oneida

Conservation Wardens, is authorized to take any appropriate action to prevent or remove A

citation for a violation of this Law.

609.7-2. Hearing and Appeals of Contested Actions. All citations, orders and declarations issued

pursuant to this law shall include a pre-hearing date with the Judiciary Trial Court which shall be

set for the next scheduled monthly prehearing date that is at least thirty (30) days after the citation

was issued. Persons wishing to contest a citation shall appear at the prehearing, at which time the

Judiciary Trial Court shall accept pleas which either contest or admit committing the act for which

the citation was issued. The Judiciary shall schedule a hearing as expeditiously as possible,

provided that it shall be scheduled within ninety (90) days of the date of the prehearing, for all

persons entering a plea contesting the fact that they committed the act for which a citation was

issued. In addition to scheduling requested hearings, the Judiciary may also make conditional

orders at the prehearing which are effective until the matter is resolved.

(a) Community Service. Community service may be substituted for monetary fines at the

Judiciary’s discretion, provided that, if so substituted, the Judiciary shall use the rate of one

(1) hour per ten dollars ($10) of the fine.

(b) Allocation of Citation Revenue. All citations shall be paid to the Environmental

Resource Board or its designee, the proceeds of which shall be contributed to General

Fund.

determination of the Judiciary Trial Court may appeal to the Judiciary Court of Appealsbe

processed in accordance with the Rules of Appellate Procedure.

(d) Pursuing Payment of a Citation. The Environmental Resource Board may pursue

payment from parties who have failed to make the required payments through the

garnishment processprocedure contained in the Garnishment law and/or by attaching the

6 O.C. 609 – Page 7

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judgment to Tribal member’s per capita payment pursuant to the Per Capita law. Nation’s

laws and policies governing citations.

End.

Adopted – BC-05-15-14-C

Emergency Amended – BC-07-23-14-C

Amended – BC-12-10-14-A

Emergency Amended – BC 07-08-15-C

Amended – BC-01-13-16-C

Amended – BC-07-26-17-D

Amended – BC-__-__-__-__

6 O.C. 609 – Page 8

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Title 6. Property and Land – Chapter 609

Tsi> yuhw<tsya=t# tewatenhot&kwa> Ukwehuw#=ne

That of the earth one opens it up Oneida Nation

PUBLIC USE OF TRIBAL LAND

609.1.

609.2.

609.3.

609.4.

Purpose and Policy

Adoption, Amendment, Repeal

Definitions

Responsibilities of Land Management

609.5.

609.6.

609.7.

Land Access Map for Tribal Lands

Assignment and Use of Tribal Land

Enforcement

609.1.

Purpose and Policy

609.1-1. Purpose. The purpose of this law is to prevent improper access, use, and trespass to

Tribal lands.

609.1-2. Policy. It is the policy of the Nation to limit access to Tribal lands to protect and

preserve the environment and natural resources including forests, wildlife, air, and waters, through

appropriate uses of the land.

609.2.

Adoption, Amendment, Repeal

609.2-1. This law was adopted by the Oneida Business Committee by resolution BC-05-15-14C and amended by BC-12-10-14-A, BC-01-13-16-C,BC-07-26-17-D and BC-__-__-__-__.

609.2-2. This law may be amended or repealed by the Oneida Business Committee and/or the

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

609.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity does not affect other provisions of this law which are considered

to have legal force without the invalid portions.

609.2-4. In the event of a conflict between a provision of this law and a provision of another

law, the provisions of this law controls.

609.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

609.2-6. This law may not be construed to preclude the Nation from pursuing relief for criminal

trespass under applicable law.

609.3.

Definitions

609.3-1. This section governs the definitions of words and phrases used within this law. All

words not defined herein are to be used in their ordinary and everyday sense.

(a) “Designation” means the term used to describe the type of access granted to certain

Tribal lands.

(b) “Fine” means a monetary punishment issued to a person violating this law and/or the

rules created pursuant to this law.

and administering agricultural and commercial leases on behalf of the Nation, processing

trust transactions and land acquisition transactions, and for fulfilling other responsibilities

as identified within this law.

(d) “Lease” means any lease or agreement, including business site leases, entered into by

the Nation and any person to allow the use of Tribal lands.

(e) “Nation” means the Oneida Nation.

6 O.C. 609 – Page 1

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(f) “Person” means any individual, group of individuals, corporation, partnership, limited

liability company, or any other form of organization.

(g) “Penalty” means a punishment, other than a fine, imposed on a person violating this

law and/or the rules created pursuant to this law.

(h) “Reservation” means all the lands and waters within the exterior boundaries of the

Reservation of the Oneida Nation, as created pursuant to the 1809 Treaty with the Oneida

7 Stat. 566, and any lands added thereto pursuant to federal law.

(i) “Rule” means a set of requirements, including a Land Access Map, and citation fees

and penalty schedules, enacted in accordance with the Administrative Rulemaking law

based on authority delegated in this law in order to implement, interpret and/or enforce this

law.

(j) “Trial Court” means the Trial Court of the Oneida Nation Judiciary, as identified in

Article V of the Constitution and Bylaws of the Oneida Nation which is the judicial system

that was established by Oneida General Tribal Council resolution GTC-01-07-13-B, and

then later authorized to administer the judicial authorities and responsibilities of the Nation

by Oneida General Tribal Council resolution GTC-03-19-17-A.

(k) “Tribal land” means all of the Nation’s trust lands, and any land or interest in land held

by the Nation in fee or in any other form on the Reservation.

(l) “Tribal member” means an enrolled member of the Nation.

609.4.

Responsibilities of Land Management

609.4-1. Land Management shall be delegated the duty and power to carry out the intent and

purposes of this law.

609.4-2. Administrative Rulemaking. Land Management shall be delegated rulemaking authority

in accordance with the Administrative Rulemaking law to develop rules which address:

(a) The development, approval, and maintenance of the Land Access Map;

(b) The allocation and assignment of land uses for all Tribal land;

(d) Any other rule needed to implement or interpret the provisions of this law.

609.4-3. Consultation. Land Management shall consult with the Land Assessment Team on the

development of all administrative rules.

(a) Land Assessment Team. The Land Assessment Team shall be comprised of the

following professionals employed by the Nation:

(1) Land Management Senior Management;

(2) Planning and Development Area Manager;

(3) Environmental Specialist;

(4) Tribal Historical Preservation Officer;

(5) GLIS Specialist;

(6) Zoning Administrator;

(7) Other subject matter experts based on the characteristics of the parcel to

include:

(A) If there is a house, then Comprehensive Housing Division Maintenance

and Rehabilitation Area Manager.

609.5.

Land Access Map for Tribal Lands

609.5-1. Designation of Tribal Lands. A Land Access Map shall be created which designates

Tribal land as one (1) of the following:

(a) Limited Access.

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(1) Land Management may choose to designate a portion of land as Limited Access

in order to manage, preserve, and protect that land for environmental, cultural, or

other significance.

(2) Lands designated as Limited Access shall be open to all persons who are

granted land access permission by the Nation for specified purposes.

(b) Oneida Community Access.

(1) Land Management may choose to designate land as Oneida Community Access

in order to manage, preserve, and protect access to locations that have cultural or

environmental significance.

(2) Lands designated as “Oneida Community Access” shall be open to:

(A) Tribal members;

(B) spouses and descendants of Tribal members;

communities;

(D) members of Haudenosaunee First Nations governments or bands;

(E) authorized employees of the Nation; and

(F) persons who are accompanied at all times by a Tribal member, the

spouse or descendant of a Tribal member, or an authorized employee of the

Nation.

(1) Land Management may designate land as Oneida Tribal Member Access to

protect the land for Tribal member use due to the historical, spiritual, cultural,

and/or environmental significance of the land.

(2) Lands designated as Oneida Tribal Member Access are open to Tribal members

only.

(d) Open.

(1) Land Management may designate land as Open Access where such designation

is deemed beneficial to the Nation and where such designation does not pose

significant risk of damage to the Nation’s policies and/or the land’s cultural or

environmental preservation.

(2) Lands designated as Open Access are generally open to all persons for the

land’s designated use and enjoyment.

609.5-2. General Land Designation. Unless otherwise designated, Tribal land is designated as

limited access.

609.5-3. Notwithstanding the restrictions of section 609.5-1, nothing in this law may be

construed as preventing the following persons from entering Tribal land, regardless of the land

designation:

(a) Employees of the Nation who are performing their job duties;

(b) Those persons who are performing grant or contractual obligations related to the Tribal

land and on behalf of the Nation;

(d) Those persons who have been granted access to the land by Land Management.

609.5-4. Accessibility of Land Access Map. Land Management shall ensure that the Land Access

Map is made digitally available on the Nation’s website.

609.6.

Assignment and Use of Tribal Land

609.6-1. Assignment of Land Uses. Land Management shall be responsible for allocating and

assigning land uses to all Tribal land. The purpose of assigning land uses is to set consistent

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practices and expectations for Land Management’s reviewing and assigning of land uses to Tribal

land in a way that incorporates all approved land policies to care for the land while working

towards building an autonomous community.

609.6-2. Permissible and Prohibited Uses for Tribal Land. As it deems appropriate, Land

Management may prescribe permissible and/or prohibited uses for Tribal land;

(a) Such permissible and/or prohibited uses may not contradict with the Zoning and

Shoreland Protection Ordinance.

(b) Upon establishment of permissible and/or prohibited uses, Land Management shall

post notice of such uses on the affected Tribal Land.

(1) Any postings of land shall be done in accordance with the requirements of the

Real Property law.

609.7.

Enforcement

609.7-1. An Oneida Police Department officer or warden may require a person to provide proof

of eligibility to use any designated Tribal lands.

609.7-2. Issuance of a Citation. An individual who violates a provision of this law may be subject

to the issuance of a citation by an Oneida Police Department officer or warden.

(a) A citation for a violation of this law or any orders issued pursuant to this law may

include fines and other penalties, as well as conditional orders made by the Trial Court.

(b) A citation for a violation of this law shall be processed in accordance with the

procedure contained in the Nation’s laws and policies governing citations.

End.

Adopted – BC-05-15-14-C

Emergency Amended – BC-07-23-14-C

Amended – BC-12-10-14-A

Emergency Amended – BC 07-08-15-C

Amended – BC-01-13-16-C

Amended – BC-07-26-17-D

Amended – BC-__-__-__-__

6 O.C. 609 – Page 4

35 of 63

FINANCEADMINISTRATION OODDDO=

ONEIDA

FiscalImpactStatement

MEMORANDUM

TO:

RaLindaNinhamͲLamberies,ChiefFinancialOfficer

FROM:

RaeSkenandore,Sr.Analyst

DATE:

January8,2026

RE:

FiscalImpactStatementofthePublicUseofTribalLandLawAmendments

EstimatedFiscalImpactSummary

Law:PublicUseofTribalLandLawAmendments

I Draft3

ImplementingAgency

LandManagement

Estimatedtimetocomply

EstimatedImpact

10days

CurrentFiscalYear

TotalEstimatedFiscalImpact

10YearEstimate

II.

Background

ThisLawwasadoptedbytheOneidaBusinessCommitteebyresolutionBCͲ05Ͳ15Ͳ14ͲCandamended

throughresolutionsBCͲ12Ͳ10Ͳ14ͲA,BCͲ01Ͳ13Ͳ16ͲC,andBCͲ07Ͳ26Ͳ17ͲD.

InDecemberof2022thisLawwasaddedtotheActiveFilesListtomakeamendmentstoaddressthe

dissolutionoftheEnvironmentalResourcesBoard,andtransitiontheBoard’sresponsibilitiestothe

Environmental,LandandAgricultureDivisionand/ortheOneidaLandCommission.

ThepurposeofthisLawistopreventimproperaccess,use,andtrespasstoTriballands.The

amendmentsincludethefollowing:

x AdddefinitionsforLandManagement,rule,TrialCourt,andTribalmember.

x Removesthedefinitionfortrespass.

x EliminatestheEnvironmentalResourceBoard(ERB)fromtheLawanddelegatestheirformer

responsibilitiestoLandManagement.

x DelegatesadministrativerulemakingauthoritytoLandManagementto:

o Develop,approve,andmaintaintheLandAccessMap.

o AllocateandassignlandusesforallTriballands.

36 of 63

o DevelopafineandpenaltyscheduleforviolationsofthisLawanditscorrespondingrules.

o DevelopanyotherrulesneededtoimplementorenforcethisLaw.

RequiresLandManagementconsultwiththeLandAssessmentTeamindevelopingadministrative

rules.

AddmembersofHaudenosauneeFirstNationsgovernmentsorbandstothosewhocanaccessland

designatedasOneidaCommunityAccess.

RequiresLandManagementmaketheLandAccessMapavailableontheNation’swebsite.

DelegatestheresponsibleforallocatingandassigninglandusestoLandManagement

Removestheprovisionsonthefollowing;

o amendingtheLandAccessMap.

o regardingtrespass.

o regardingmostsectionsoncitationsandreferencingtheCitationsLaw.

Otherminordraftingchanges.

III.

MethodologyandAssumptions

A“FiscalImpactStatement”meansanestimateofthetotalidentifiablefiscalyearfinancialeffects

associatedwithlegislationandincludesstartupcosts,personnel,office,documentationcosts,aswellas

anestimateoftheamountoftimenecessaryforanagencytocomplywiththeLawafter

implementation.

FinancedoesNOTidentifythesourceoffundingfortheestimatedcostorallocateanyfundstothe

legislation.

Theanalysiswascompletedbasedontheinformationprovidedasofthedateofthismemo.

IV.

Findings

TherearenostartͲupcosts,noincreasesinpersonnelareneeded,andnoincreasesinofficeor

documentationcosts.

FinancialImpact

Thereisnofiscalimpactofimplementingthislegislation.

VI.

Recommendation

Financedoesnotmakearecommendationaboutacourseofactioninthismatter.Rather,thepurpose

ofafiscalimpactstatementistodisclosethepotentialfiscalimpactoftheactionsothattheOneida

BusinessCommitteeandGeneralTribalCouncilhastheinformationwithwhichtorenderadecision.

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

ONEIDA

37 of 63

r'\.

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

=DODDDD=

ONEIDA

Legislative Operating Committee

January 21, 2026

Independent Contractor Policy

Amendments

Submission Date: 6/19/24

LOC Sponsor: Jonas Hill

Public Meeting: 10/15/25

Emergency Enacted: N/A

Summary: This item was added to the Active Files List on June 19, 2024, at the request of

Ralinda Ninham-Lamberies, the Chief Financial Officer. Amendments are being sought to update

the law, specifically sections 503.5-1 and 503.5-2 to ensure the Nation is adequately reporting

any independent contractor relationships to the IRS.

6/19/24 LOC: Motion by Kirby Metoxen to add the Independent Contractor Policy Amendments to

the Active Files List with Jonas Hill as the sponsor; seconded by Jennifer Webster.

Motion carried unanimously.

9/16/24:

Work Meeting. Present: Jonas Hill, Kirby Metoxen, Fawn Cottrell, Fawn Billie, Kristal

Hill, Stephanie Metoxen, Sarah White, Ralinda Ninham-Lamberies, Tonya Webster,

Marque Smith, Thomas Eggert, Carolyn Salutz, Clorissa Leeman. The purpose of this

work meeting was to review the changes to the law the LRO currently has; it’s been

since 2017 that our office has worked on amendments. Carolyn specifically wanted to

review section 503.5. Most concerns focused on establishing requirements for

independent contractors to correctly report/license/contract and how to ensure and

require proper classification for the Nation to reduce liability and tax penalties.

11/08/24:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda NinhamLamberies, Heidi Janowski, Marques Smith, Thomas Eggert, Jameson Wilson,

Jennifer Webster, Marlon Skenandore, Kristal Hill, Maureen Perkins, Carolyn Salutz.

The purpose of this work meeting was to continue reviewing the draft. We did a lineby-line review of the entire draft. Ralinda mentioned that the IRS just came out with

guidance about independent contractor classification and about board members no

longer being classified/considered employees and now being independent contractors.

It was mentioned that this change might warrant its own meeting to discuss

implications. Mentioned that some independent contractors do use their individual

SSN, like doctors. (Carolyn will have to research that) Other than that, minor changes

were discussed, like wording and numbering.

1/23/25:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda NinhamLamberies, Heidi Janowski, Tonya Webster, Alexandria Powless, Marques Smith,

Kong Meng Moa, Thomas Eggert, Beth Schirck Smith, Jameson Wilson, Jennifer

Webster, Kristal Hill, Maureen Perkins, Fawn Billie, Carolyn Salutz. The purpose of

Page 1 of 3

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

38 of 63

this meeting was to review the newest amendments; the law is short; we did a line-byline review. Sarah and Ralinda gave the most suggestions, and mentioned they will

send written suggestions. Once Carolyn gets those written suggestions, she’ll make

those changes and then schedule the next work meeting.

4/29/25:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda NinhamLamberies, Heidi Janowski, Tonya Webster, Marque Smith, Kong Meng Moa,

Thomas Eggert, Beth Schirck Smith, Jameson Wilson, Jennifer Webster, Kristal Hill,

Carolyn Salutz, Clorissa Leeman. The purpose of this meeting is to review the latest

draft. We did a line-by-line review and then discussed some sections. Most discussion

was around conflict of interest and when an employee may not be hired as an

independent contractor.

6/20/25:

Work Meeting. Present: Stephanie Metoxen, Sarah White, Ralinda NinhamLamberies, Tonya Webster, Marques Smith, Kong Meng Moa, Thomas Eggert, Beth

Schirck Smith, Jameson Wilson, Kirby Metoxen, Marlon Skenandore, Kristal Hill,

Carolyn Salutz. The purpose of this work meeting was to review the latest draft. We

did a read-through, noting the only change that was made since the last work meeting,

which starts on line 145. It was mentioned that the order of approval needs to be

changed. Right now, under section 503.7, the law has: insurance, contract, purchase

order, tax ID, vendor license. The correct order should be license, insurance, tax ID,

purchase order, contract. There was brief discussion about insurance approval

requirements, but nothing that needs to be or should be addressed in this law. In lines

145-150 “department” should be changed to “division.” No other suggestions were

made.

7/31/25:

Work Meeting. Present: Sarah White, Marques Smith, Kong Meng Moa, Thomas

Eggert, Sarah Miller Jessica King, Alexandria Powless, Heidi Janowski, Jameson

Wilson, Marlon Skenandore, Kirby Metoxen, Fawn Cottrell, Carolyn Salutz. The

purpose of this work meeting was for the LOC to do one final read-through with the

group and approve a final draft. Group did complete a read-through. Carolyn needs to

make a few grammatical changes and correct section numbers. Sarah White also had

a suggestion on line 121-122 and will send Carolyn suggested language. Once Carolyn

can make these final changes, ideally be tomorrow (Friday, 8/1/25), we can add the

draft to the LOC’s new meeting on 8/6.

8/6/25 LOC: Motion by Jonas Hill to approve the draft of the Independent Contractors Law

Amendments and direct the Legislative Reference Office to complete a Legislative

Analysis; seconded by Jennifer Webster. Motion carried unanimously.

8/12/25:

Memorandum to LOC. On Tuesday, August 12, 2025, the LOC received a

memorandum from the Law Office attorney Peggy Van Gheem with some suggestions

for edits to the draft. On August 13, 2025, the drafting attorney, Carolyn Salutz,

incorporated those edits.

8/20/25 LOC: Motion by Marlon Skenandore to approve and accept the updated draft, approve and

accept the legislative analysis, and direct the Legislative Reference Office to schedule

a public meeting; seconded by Kirby Metoxen. Motion carried unanimously.

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

Page 2 of 3

ONEIDA

39 of 63

9/3/25 LOC: Motion by Jonas Hill to accept the updated legislative analysis, public meeting packet,

and schedule a public meeting on October 15, 2025; seconded by Jennifer Webster.

Motion carried unanimously.

10/15/25:

Public Meeting Held. Present: Jonas Hill, Clorissa Leeman, Carolyn Salutz. Present

on Microsoft Teams: Diane Wilson, Grace Elliott, Heidi Janowski, Joel Maxam,

Michelle Braaten, Peggy Van Gheem, Tavia James Charles, Michelle Tipple, Eric

Boulanger. No individuals provided oral comments during the public meeting.

10/22/25:

Public Comment Period Closed. One (1) individual provided written comments during

the public comment period.

11/5/25 LOC: Motion by Jonas Hill to accept the public comments and the public comment review

memorandum and defer to a work meeting for further consideration; seconded by

Kirby Metoxen. Motion carried unanimously.

12/3/25:

Work Meeting. Present: Jameson Wilson, Jonas Hill, Clorissa Leeman, Grace Elliott,

Carolyn Salutz, Fawn Cottrell, Fawn Billie, Kristal Hill. The purpose of this work

session was to review and consider the public comments received.

12/17/25 LOC: Motion by Jonas Hill seconded by Marlon Skenandore to accept the updated public

comment review memorandum, draft, and legislative analysis. Motion carried

unanimously. Motion by Jonas Hill seconded by Marlon Skenandore to approve the

fiscal impact statement request memorandum and forward to the Finance

Administration to be completed by January 5, 2026.

1/5/25:

Request from the Finance Administration for additional time in which to complete the

Fiscal Impact Statement.

1/8/26:

Fiscal Impact Statement received from the Finance Administration.

Next Steps:

▪ Approve the adoption packet for the Independent Contractor amendments and forward to the

Oneida Business Committee for consideration.

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

Page 3 of 3

ONEIDA

40 of 63

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

TO:

FROM:

DATE:

RE:

r'\.

=DODDDD=

ONEIDA

Oneida Business Committee

Jameson Wilson, LOC Chairperson

January 21, 2026

Adoption of Amendments to the Independent Contractor Policy

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

of amendments to the Independent Contractor Policy:

Resolution: Amendments to the Independent Contractor Policy

Statement of Effect: Amendments to the Independent Contractor Policy

Independent Contractor Policy Amendments Legislative Analysis

Independent Contractor Policy Amendments Draft (Redline)

Independent Contractor Policy Amendments Draft (Clean)

Independent Contractor Policy Amendments Fiscal Impact Statement

Overview

The purpose of the Independent Contractor Policy is to ensure proper classification of employees

and independent contractors for federal labor and tax law purposes; ensure the use of contract

forms approved by the Oneida Law Office and Purchasing; ensure contracting with a current

employee does not create a conflict of interest or unintended tax consequences; and ensure

independent contractors have appropriate insurance coverages. [5 O.C. 503.1-1]. Amendments to

the Independent Contractor Policy are being sought to:

▪ Rename the law from “Independent Contractor Policy” to “Independent Contractors.”

[5 O.C. 503].

▪ Clarify in the definitions what it means to be an “employee” versus an “independent

contractor.” [5 O.C. 503.3-1(b); 503.3-1(d)].

▪ Clarify in the definitions what it means to have the “scope of work”, including

updated definitions of “deliverables” and “services.” [5 O.C. 503.3-1(f); 5 O.C.

503.3-1(a); 5 O.C. 503.3-1(g)].

▪ Add in a requirement that the Nation must categorize all workers as either an

independent contractor or an employee according to the Fair Labor Standards Act,

Department of Labor regulations, the Internal Revenue Code, Treasury regulations,

and the most current guidance from the Department of Labor and the Internal

Revenue Service. [5 O.C. 503.4].

▪ Clarify the approval requirements for an independent contractor; including, contract,

purchase order, vendor license, and tax identification number. [5 O.C. 503.6].

▪ Clarify when the Nation may contract with an employee or an employee-owned

business entity as an independent contractor. [5 O.C. 503.7].

▪ Various grammatical changes and other minor changes throughout the law.

Page 1 of 2

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

41 of 63

The Legislative Operating Committee developed the proposed amendments to the Independent

Contractor Policy through collaboration with representatives from the Oneida Purchasing

Department, Oneida Finance Administration, Oneida Licensing Department, and the Oneida Law

Office. The Legislative Operating Committee held six (6) work meetings on the development of

the amendments to the Independent Contractor Policy.

The development of the amendments to the Independent Contractor Policy complies with all

processes and procedures required by the Legislative Procedures Act, including the development

of a legislative analysis, a fiscal analysis, and the opportunity for public review during a public

meeting and public comment period. [1 O.C. 109.6; 109.7; 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Independent Contractor Policy on October 15, 2025. No individuals provided public comments

during this public meeting. The public comment period was then held open until October 22, 2025.

One (1) individual submitted written comments during this public comment period. The

Legislative Operating Committee accepted the public comments on November 5, 2025. The

Legislative Operating Committee reviewed and considered the public comments on December 3,

2025.

The amendments to the Independent Contractor Policy will become effective on February 25,

2026.

Requested Action

Adopt the Resolution: Amendments to the Independent Contractor Policy.

Page 2 of 2

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

ONEIDA

Oneida Nation

42 of 63

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Resolution #

Amendments to the Independent Contractor Policy

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 Independent Contractor Policy (“the Law”) was adopted by the Oneida Business

Committee by motion 7-27-94, and then amended through resolutions BC-2-15-95-A, BC7-5-95-B, BC-04-25-12-E, BC-10-10-12-B, and BC-02-27-13-A; and

WHEREAS,

the purpose of the Law is to ensure proper classification of employees and independent

contractors for federal labor and tax law purposes; ensure the use of contract forms

approved by the Oneida Law Office and Purchasing; ensure contracting with a current

employee does not create a conflict of interest or unintended tax consequences; and

ensure independent contractors have appropriate insurance coverages; and

WHEREAS,

the amendments to the Law require the Nation to properly classify all individuals as either

employees or independent contractors and sets standards for how an independent

contractor will be approved to perform services for the Nation, the proper form of a contract

for those services, and the proper classification of independent contractors to ensure the

Nation remains in compliance with Federal law; and

WHEREAS,

the amendments to the Law clarify when the Nation may contract with an employee or

employee-owned business entity as an independent contractor;

WHEREAS,

the Legislative Operating Committee developed the proposed amendments to the Law

through collaboration with representatives from the Oneida Purchasing Department,

Oneida Finance Administration, Oneida Licensing Department, and the Oneida Law Office;

and

WHEREAS,

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

statement were completed for the proposed amendments to the Law; and

WHEREAS,

the Legislative Operating Committee held a public meeting on the proposed amendments

to the Law on October 15, 2025, with no individuals providing oral comments, and the

public comment period for the amendments to this Law was held open until October 22,

2025, with one (1) submission of written comments received; and

WHEREAS,

the Legislative Operating Committee accepted the public comments on November 5, 2025;

and

43 of 63

BC Resolution _____________

Amendments to the Computer Resources Ordinance

Page 2 of 2

WHEREAS,

the Legislative Operating Committee reviewed and considered the public comments on

December 3, 2025.

NOW THEREFORE BE IT RESOLVED, the Oneida Business Committee hereby adopts the amendments

to the Independent Contractor Policy, which shall become effective on February 25, 2026.

44 of 63

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

ONEIDA

Statement of Effect

Amendments to the Independent Contractor Policy

Summary

This resolution adopts amendments to the Independent Contractor Policy.

Submitted by: Carolyn A. Salutz, Legislative Staff Attorney, Legislative Reference Office

Date: January 21, 2026

Analysis by the Legislative Reference Office

This resolution adopts amendments to the Independent Contractor Policy. The purpose of

Independent Contractor Policy is to ensure proper classification of employees and independent

contractors for federal labor law and tax law purposes; the use of contract forms approved by the

Oneida Law Office and Purchasing; ensure contracting with a current employee does not create a

conflict of interest or unintended tax consequences; and ensure independent contractors have

appropriate insurance coverages. [5 O.C. 503.1-1]. Amendments to the Independent Contractor

Policy are being sought to:

▪ Rename the law from “Independent Contractor Policy” to “Independent Contractors.” [5

O.C. 503].

▪ Clarify that the purpose of this law is to require the Nation to properly classify its

workers for compliance with tax regulations. [5 O.C. 503.1-1].

▪ Clarify in the definitions what it means to be an “employee” versus an “independent

contractor.” [5 O.C. 503.3-1(b); 503.3-1(d)].

▪ Clarify in the definitions what it means to have the “scope of work”, including updated

definitions of “deliverables” and “services.” [5 O.C. 503.3-1(f); 5 O.C. 503.3-1(a); 5

O.C. 503.3-1(g)].

▪ Add in a requirement that the Nation must categorize all workers as either an independent

contractor or an employee according to the Fair Labor Standards Act, Department of

Labor regulations, the Internal Revenue Code, Treasury regulations, and the most current

guidance from the Department of Labor and the Internal Revenue Service. [5 O.C.

503.4].

▪ Clarify the approval requirements for an independent contractor; including, contract,

purchase order, vendor license, and tax identification number. [5 O.C. 503.6].

▪ Clarify when The Nation may contract with an employee or an employee-owned business

entity as an independent contractor. [5 O.C. 503.7].

▪ Make other minor drafting changes throughout the Law.

Adoption of any legislation is required to comply with the Legislative Procedures Act (“the LPA”),

which was adopted by the General Tribal Council through resolution GTC-01-07-13-A for the

purpose of providing a standardized process for the adoption of laws of the Nation. [1 O.C. 109.1Page 1 of 2

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

45 of 63

1]. The Independent Contractor Policy amendments complied with all processes and procedures

required by the LPA, including the development of a legislative analysis, a fiscal analysis, and the

opportunity for public review during a public meeting and public comment period. [1 O.C. 109.6,

109.7, 109.8].

The Legislative Operating Committee held a public meeting on the proposed amendments to the

Independent Contractor Policy on October 15, 2025. No individuals provided public comments

during this public meeting. The public comment period was then held open until October 22, 2025.

One (1) individual submitted written comments during this public comment period. The

Legislative Operating Committee accepted the public comments on November 5, 2025. The

Legislative Operating Committee reviewed and considered the public comments on December 3,

2025.

The amendments to the Independent Contractor Policy will become effective on February 25,

2026.

Conclusion

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

Page 2 of 2

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

ONEIDA

46 of 63

Analysis to Draft 11 for OBC consideration

2026 01 21

INDEPENDENT CONTRACTOR

POLICY AMENDMENTS

LEGISLATIVE ANALYSIS

SECTION 1. EXECUTIVE SUMMARY

Analysis by the Legislative Reference Office

Intent of the

Proposed

Amendments

▪

Purpose

Rename the law from “Independent Contractor Policy” to “Independent

Contractors.” [5 O.C. 503].

Clarify that the purpose of this law is to ensure proper classification of

employees and independent contractors for federal labor and tax law

purposes; ensure the use of contract forms approved by the Oneida Law

Office and the Oneida Purchasing Department; ensure contracting with a

current employee does not create a conflict of interest or unintended tax

consequences; and ensure independent contractors have appropriate insurance

coverages. [5 O.C. 503.1-1].

Clarify in the definitions what it means to be an “employee” versus an

“independent contractor.” [5 O.C. 503.3-1(b); 503.3-1(d)].

Clarify in the definitions what it means to have the “scope of work”, including

updated definitions of “deliverables” and “services.” [5 O.C. 503.3-1(f); 5

O.C. 503.3-1(a); 5 O.C. 503.3-1(g)].

Add in a requirement that the Nation must categorize all workers as either an

independent contractor or an employee according to the Fair Labor Standards

Act, Department of Labor regulations, the Internal Revenue Code, Treasury

regulations, and the most current guidance from the Department of Labor and

the Internal Revenue Service. [5 O.C. 503.4].

Clarify the approval requirements for an independent contractor; including,

contract, purchase order, vendor license, and tax identification number. [5

O.C. 503.6].

Clarify when The Nation may contract with an employee or an employeeowned business entity as an independent contractor. [5 O.C. 503.7].

Make other minor drafting changes throughout the law.

The purpose of this law is to ensure proper classification of employees and

independent contractors for federal labor and tax law purposes; ensure the use of

contract forms approved by the Oneida Law Office and the Oneida Purchasing

Department; ensure contracting with a current employee does not create a conflict

of interest or unintended tax consequences; and ensure independent contractors

have appropriate insurance coverages. [5 O.C. 503.1-1].

Page 1 of 8

47 of 63

Analysis to Draft 11 for OBC consideration

2026 01 21

Affected Entities

The Nation’s Finance Administration, the Nation’s Purchasing Department, the

Nation’s Licensing Department, the Nation’s Risk Management Department, the

Oneida Law Office, all Oneida Nation employees and visitors, and all current and

future independent contractors for the Nation.

Related Legislation

Oneida Vendor Licensing law, Conflict of Interest, Indian Preference in

Contracting law, Fair Labor Standards Act.

Enforcement

The proposed amendments to the Independent Contractor Policy require the

Nation to classify all workers as either an employee or an independent contractor.

[5 O.C. 503.4]. The proposed amendments also require the Oneida Law Office to

develop and maintain standard contract form(s) for primary use by the Nation. [5

O.C. 503.5-1]. All contracts shall be reviewed and approved by the Oneida Law

Office and an approved purchase order is required prior to execution of a contract.

[5 O.C. 503.5-2].

The Oneida Law Office shall verify:

(a) appropriate approvals are required for waivers of the Nation’s

sovereign immunity;

(b) worker classification, according to the most recent guidance from the

U.S Department of Labor and the U.S. Internal Revenue Service, is

accurate; and

and satisfy the requirements for formation of a valid contract. [5 O.C.

503.5-3].

The Oneida Purchasing Department shall verify:

(a) the contractor holds a current vendor license;

(b) tax forms and federal contractor status;

(d) contract payments are accurately calculated and described; and

(e) whether use of a master contract and task orders would be more efficient

[5 O.C. 503.5-4].

The law further specifies the approval requirements for any independent

contractor in section 503.6 Approval Requirements. [5 O.C. 503.6].

Due Process

The amendments to the Independent Contractor Policy require the Oneida Law

Office, the Oneida Purchasing Department, and the Oneida Risk Management

Department to assist an independent contractor in executing a contract, obtaining a

vendor license, if necessary, verifying insurance, and submitting appropriate tax

information. [5 O.C. 503.6].

Page 2 of 8

48 of 63

Analysis to Draft 11 for OBC consideration

2026 01 21

Public Meeting

A public meeting was held on October 15, 2025. The public comment period was

then held open until October 22, 2025.

Fiscal Impact

A fiscal impact statement was provided by the Finance Administration on January

8, 2026.

SECTION 2. LEGISLATIVE DEVELOPMENT

SECTION 3. CONSULTATION AND OUTREACH

A. Background. The Independent Contractor Policy was originally adopted on July 27, 1994, by motion

7-27-94. The Oneida Business Committee adopted amendments on February 15, 1995, through

resolution BC-2-15-95-A; on July 5, 1995, through resolution BC-7-5-95-B; on April 25, 2012, through

emergency resolution BC-04-25-12-E and extended those emergency amendments on October 10,

2012, through resolution BC-10-10-12-B. The Oneida Business Committee adopted amendments on

February 27, 2013, through resolution BC-02-27-13-A.

B. Request for Amendments. This item was added to the Active Files List on June 19, 2024, at the request

of RaLinda Ninham-Lamberies, the Nation’s Chief Financial Officer, to update sections 503.5-1 and

503.5-2 to ensure the Nation is adequately reporting to the IRS any independent contractor

relationships. The sponsor of the Independent Contractor Policy amendments is Councilman Jonas Hill.

▪

•

Representatives from the following departments participated in the development of the amendments to

this Law:

▪ Finance Administration;

▪ Purchasing Department;

▪ Licensing Department;

▪ Risk Management Department; and

▪ Oneida Law Office.

The following laws and policies of the Nation were reviewed in the drafting of this analysis:

▪ Vendor Licensing law [5 O.C. 506];

▪ Indian Preference in Contracting [5 O.C. 502]; and

▪ Conflict of Interest law [2 O.C. 217].

The following laws and policies of the United States were reviewed in the drafting of this analysis:

▪ Fair Labor Standards Act [29 U.S.C §201-219];

▪ United States Department of Labor guidance, “Employee or Independent Contractor

Classification Under the Fair Labor Standards Act” [29 C.F.R 795].

SECTION 4. PROCESS

A. The amendments to this Law comply with the process set forth in the Legislative Procedures Act.

▪ On June 19, 2024, the Legislative Operating Committee added this Law to its Active Files List

for amendments this legislative term an appointed Councilman Jonas Hill as the sponsor.

▪ On August 6, 2025, the Legislative Operating Committee approved the draft of the Independent

Contractor Policy amendments and directed that a legislative analysis be developed.

Page 3 of 8

49 of 63

Analysis to Draft 11 for OBC consideration

2026 01 21

On August 20, 2025, the Legislative Operating Committee approved the Legislative Analysis

and directed a public meeting be scheduled.

▪ On September 3, 2025, the Legislative Operating Committee approved the public meeting

packet for the proposed amendments to the Independent Contractor Policy to be held on October

15, 2025.

▪ On October 15, 2025, the public meeting was held. No individuals provided oral comment

during the public meeting.

▪ The public comment period was then held open until October 22, 2025. One (1) individual

provided written comments during the public comment period.

▪ On November 5, 2025, the Legislative Operating Committee accepted the public comments and

the public comment review memorandum and deferred these items to a work meeting for further

consideration.

▪ On December 3, 2025, the Legislative Operating Committee reviewed and considered the public

comments.

▪ On December 17, 2025, the Legislative Operating Committee approved the updated public

comment review memorandum, draft, and legislative analysis; and approved the fiscal impact

statement request memorandum and forwarded these materials to the Finance Administration

directing that a fiscal impact statement be prepared and submitted to the Legislative Operating

Committee by January 5, 2026.

▪ On January 5, 2026, the Finance Administration requested additional time to complete the Fiscal

Impact Statement.

▪ On January 8, 2026, the Finance Administration provided the Legislative Operating Committee

with the fiscal impact statement.

B. At the time this legislative analysis was developed the following work meetings had been held

regarding the development of the amendments to this law:

▪ September 16, 2024: LOC work meeting with the Finance Administration, Indian Preference

Department, Purchasing Department, and Licensing Department.

▪ November 8, 2024: LOC work meeting with the Finance Administration and Purchasing

Department.

▪ January 23, 2025: LOC work meeting with the Finance Administration, Purchasing

Department, and Licensing Department.

▪ April 29, 2025: LOC work meeting with the Finance Administration, Indian Preference

Department, Purchasing Department, and Licensing Department.

▪ June 20, 2025: LOC work meeting with the Finance Administration, Indian Preference

Department, Purchasing Department, and Licensing Department.

▪ July 31, 2025: LOC work meeting with the Finance Administration and Purchasing Department

where the LOC informally approved the final draft.

SECTION 5. CONTENTS OF THE LEGISLATION

▪

A. Purpose of the Law. The purpose of this law is to ensure proper classification of employees and

independent contractors for federal labor and tax law purposes; ensure the use of contract forms

approved by the Oneida Law Office and the Oneida Purchasing Department; ensure contracting with

a current employee does not create a conflict of interest or unintended tax consequences; and ensure

independent contractors have appropriate insurance coverages. [5 O.C. 503.1-1].

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▪

Effect. The proposed amendments clarify that the Nation will classify all workers as either

employees or independent contractors for compliance with Federal law and tax regulations and

provides an overview of why the law is needed and the governing and directing reasons why it

is being implemented.

B. Redefining “employee” and “independent contractor” and clarifying “Worker Classification.” The

proposed amendments require the Nation to follow Federal law and guidance issued from Federal

agencies when classifying a worker as either an employee or an independent contractor. [5 O.C. 503.31(b); 503-1(d); 503.4].

▪ Effect. The proposed amendments make clear which Federal laws, codes, regulations, and

guidance the Nation is required to follow when classifying an individual as an employee or an

independent contractor.

C. Clarifying the “Form of Contract.” The proposed amendments clarify that the Oneida Law Office

shall develop and maintain standard contract forms for primary use by the Nation. [5 O.C. 503.51]. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida

Purchasing Department. [5 O.C. 503.5-2]. An approved purchase order is required prior to execution

of a contract. [5 O.C. 503.5-3]. At a minimum, the Oneida Law Office shall verify:

▪ appropriate approvals are required for waivers of the Nation’s sovereign immunity;

▪ worker classification, according to the requirements of section 503.4 of this law, is accurate;

and

▪ the terms of the contract protect the Nation’s legal rights and assets and satisfy the requirements

for formation of a valid contract. [5 O.C. 503.5-3].

At a minimum, the Purchasing Department shall verify:

▪ the contractor holds a current vendor license;

▪ tax forms and federal contractor status;

▪ the content of the contract related to scope of work;

▪ contract payments are accurately calculated and described; and

▪ whether use of a master contract and task orders would be more efficient. [5 O.C. 503.5-4].

D. Redefining approval requirements. The proposed amendments clarify the approval requirements

between the Nation and an independent contractor. [5 O.C. 503.6].

▪ Effect. These proposed amendments clarify what is needed in order for the Nation to approve

the work of an independent contractor; making it easier for the Nation and all independent

contractors to identify what is needed.

E. Clarifying Dual Capacity. The proposed amendments clarify that the Nation may contract with an

employee or an employee-owned business entity as an independent contractor if that employee or

employee-owned business entity has satisfied the Approval Requirements in section 503.6 of the law,

and the work performed by the individual as an employee or the work performed by an employeeowned business entity is not related to the scope of work to be provided as an independent contractor.

[5 O.C. 503.7].

▪ Effect. This proposed amendment allows the Nation to contract with employees and employeeowned business entities but still protects the Nation by requiring any employee or employeeowned business entity that may be hired as an independent contractor, to be hired if the work

performed by the individual as an employee or by an employee owned business entity is not

related to the scope of work to be provided as an independent contractor.

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F. Other amendments. Overall, a variety of other amendments and revisions were made to the law to

address formatting, drafting style, and organization that did not affect the substance of the law.

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SECTION 6. EXISTING LEGISLATION

A. Related legislation. The following laws and policy of the Nation are related to the proposed

amendments to this law:

▪ Vendor Licensing. The Vendor Licensing law is currently being amended. One proposed

amendment is to change the purpose of the Vendor Licensing law. Currently the purpose of the

Vendor Licensing law is to regulate and license all vendors who provide a service for and do

business with the Oneida Nation and provide revenue for the Nation by collecting fees from

vendors for a license to perform a service for or do business with the Nation. [5 O.C. 506.1-1].

The proposed amendments change the purpose of the Vendor Licensing law to regulate and

license vendors who provide deliverables or services for and do business with the Oneida

Nation and ensure the Nation’s safety, regulate compliance, minimize risk, and protect the

Nation’s assets. [5 O.C. 506.1-1].

▪ According to the Vendor Licensing law, any vendor that is not exempt from

obtaining a vendor license must follow certain procedures.

▪ To obtain a new vendor license a vendor must demonstrate adequate insurance

coverage, must complete a CSRA and technology assessment.

▪ The proposed amendments to the Vendor Licensing law would no longer require

a vendor to pay a licensing fee. Currently, the law requires a fee for new vendor

license applications and renewal applications.

▪ The proposed amendments to the Independent Contractors law align with the

proposed amendments and the current version of the Vendor Licensing law by

incorporating the requirements of obtaining a vendor license into the requirements

of being contracted as an independent contractor for the Nation.

▪ Indian Preference in Contracting. The purpose of this law is to establish an Indian Preference

Office and increase economic benefits for the Nation and members of the Nation by providing

for the maximum utilization of Indian workers and businesses on projects of the Nation which

occur on or near the Reservation. [5 O.C. 502.1].

▪ This law expects the Nation to apply Indian preference fairly in all situations and

to ensure that all entities that enter into contracts with the Nation utilize a labor

force of Indian workers and businesses. [5 O.C. 502.1-2].

▪ The proposed amendments to the Independent Contractor Policy align with the

Indian Preference in Contracting law by requiring the Nation to utilize Indian

preference in contracting with independent contractors but clarifying that even if

the employee or employee-owned business entity qualifies for Indian preference

as an independent contractor; and even if the employee or employee-owned

business entity were the only independent contractor who does qualify for Indian

preference, the Nation is still prohibited from hiring an employee or employeeowned business entity as an independent contractor if the work to be performed as

an independent contractor is in anyway related to the work performed by the

individual as an employee or by an employee-owned business entity. [5 O.C.

503.7-1(b)(1)].

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▪

Conflict of Interest. The purpose of this law is for the Nation to ensure that all employees,

contractors, elected officials, political appointees, appointed and elected members and all

others who may have access to information or materials that are confidential or may be used

by competitors of the Nation’s enterprises or interests be subject to specific limitations to

which such information and materials may be used in order to protect the interests of the

Nation. [2 O.C. 217.1-1].

• According to the Conflict of Interest law there is a presumed conflict of interest

any time an employee of the Nation seeks to contract with the Nation. [2 O.C.

217.5-1].

• The Conflict of Interest law prohibits an employee from contracting with the

Nation as an independent contractor within the same scope for which they are

employed by the Nation. [2 O.C. 217.5-4(a)].

• The Conflict of Interest law further prohibits an employee from contracting with

the Nation as an independent contractor within the same divisional budget for

which the employee is employed by the Nation. [2 O.C. 217.5-4(b)].

• The proposed amendments to the Independent Contractor Policy align with the

proposed amendments to the Conflict of Interest law and reflect the Nation’s

desire to allow employees and employee-owned business entities to work for the

Nation as independent contractors but only if certain requirements are met. [2

O.C. 217.5-4].

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SECTION 7. ENFORCEMENT AND ACCOUNTABILITY

A. The proposed amendments make it clearer the Nation is responsible for properly classifying its workers.

[5 O.C. 503.4].

B. The proposed amendments clarify all information the Nation must obtain in order to properly hire an

independent contractor. [5 O.C. 503.6].

C. The proposed amendments require the Nation to properly classify an independent contractor, properly

execute a contract, and meet all approval requirements before an independent begins working for the

Nation. [5 O.C. 503.5; 503.5-6].

D. The proposed amendments require all independent contractors to demonstrate appropriate and adequate

insurance coverage. [5 O.C. 503.6-4].

E. The proposed amendments require all independent contractors to submit tax identification to the Nation.

[5 O.C. 503.6-5].

F. The proposed amendments clarify an independent contractor may not begin work until a contract is

executed according to the requirements of section 503.5 of the law and all other approval requirements

of section 503.6 of the law are met. [5 O.C. 503.6].

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SECTION 8. OTHER CONSIDERATIONS

Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all legislation

except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC-10-28-20-A

titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures Act,” provides

further clarification on who the Legislative Operating Committee may direct to complete a fiscal impact

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statement at various stages of the legislative process, as well as timeframes for completing the fiscal impact

statement.

A. Fiscal Impact. Under the Legislative Procedures Act, a fiscal impact statement is required for all

legislation except emergency legislation [1 O.C. 109.6-1]. Oneida Business Committee resolution BC10-28-20-A titled, “Further Interpretation of ‘Fiscal Impact Statement’ in the Legislative Procedures

Act,” provides further clarification on who the Legislative Operating Committee may direct complete

a fiscal impact statement at various stages of the legislative process, as well as timeframes for

completing the fiscal impact statement.

▪ Conclusion. The Finance Administration provided the Legislative Operating Committee a fiscal

impact statement from the Finance Department on January 8, 2026.

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Title 5. Business – Chapter 503

INDEPENDENT CONTRACTORS POLICY

503.1. Purpose and Policy

503.2. Adoption, Amendment, Repeal

503.3. Definitions

503.4. Application

503.45. Worker Classification

503.56 Form of Contract

503.67 Approval Requirements

503.7 Conflict of Interest

503.1. Purpose and Policy

503.1-1. Purpose. The purpose of this law is to ensure proper classification of employees and

independent contractors for federal labor and tax law purposes; ensure the use of contract forms

approved by the Oneida Law Office and the Oneida Purchasing Department; ensure contracting

with a current employee does not create a conflict of interest or unintended tax consequences; and

ensure independent contractors have appropriate insurance coverages The purpose of this

Independent Contractor Policy is to regulate the hiring of persons to complete work in order to

minimize the costs of Independent Contractors.

503.1-2. Policy.

(a) It is the policy of the TribeNation to utilize Native American businesses to complete

work that the TribeNation is unable to complete through use of its own employees. All

programs, enterprises, and government agencies are encouraged to seek within their own

employees those with expertise in any matter before going to independent contractors.

(b) It is further the policy of the TribeNation that the order of preference, as set out in the

Tribe’sNation’s Indian Preference Law, be used in the selection of independent contractors

and in accordance with this law.

503.2. Adoption, Amendment, Repeal

503.2-1. This policylaw was adopted by motion of the Oneida Business Committee by motion on

July 27, 1994, and was amended by resolution BC-02-27-13-A.

503.2-2. This policylaw may be amended pursuant to the procedures set out in Tribal lawor

repealed by the Oneida Business Committee or the Oneida General Tribal Council pursuant to the

procedures set out in the Legislative Procedures Act.

503.2-3. Should a provision of this policylaw or the application thereof to any person or

circumstances be held as invalid, such invalidity shall not affect other provisions of this policylaw

which are considered to have legal force without the invalid portions.

503.2-4. In the event of a conflict between a provision of this policylaw and a provision of another

policylaw, the provisions of this policylaw shall control.

503.2-5. This policylaw is adopted under authority of the Constitution of the Oneida Tribe of

Indians of WisconsinNation.

503.3. Definitions

503.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Deliverable” means quantifiable goods and tangible or intangible products to be

provided by the independent contractor.

quantifiable goods and tangible or intangible products to be provided upon the completion

of a project. an object with specified content and format and must be adequately described

as to final content.

5 O.C. 503 – Page 1

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(b) “Employee” means an individual who qualifies as an employee of the Nation using

relevant tests established by applicable Federal law and guidance issued from Federal

agencies. any individual who is employed by the Tribe and is subject to the direction and

control of the Tribe with respect to the material details of the work performed, or who has

the status of an employee under the usual common law rules applicable to determining the

employer-employee relationship. “Employee” includes, but is not limited to, individuals

employed by any program or enterprise of the Tribe, but does not include elected or

appointed officials or individuals employed by a Tribally Chartered Corporation. For

purposes of this policy law, individuals employed by the Nation through an employment

agreement or employment contract are employees of the Nation, not independent

contractors. employed under an employment contract as a limited term employee are

employees of the Tribe, not consultants.

owned and managed by an individual who is employed as an employee by the Tribe.

Nation. An eEmployee-owned business entity includes, but is not limited to, a partnership,

corporation, or limited liability company.

(d) “Independent contractor” means an individual who qualifies as an independent

contractor using relevant tests established by applicable Federal law and guidance issued

from Federal agencies. receives payments for services or deliverables, and who receives

any tax reporting form other than a W-2 at the end of a taxable year.

(e) “Nation” means the Oneida Nation.

(f) “Scope of work” means the total deliverables or services to be performed by an

independent contractor upon completion of the work the independent contractor was hired

to complete.

(g) “Service” means an action performed by an independent contractor on behalf of the

Nation. and must be adequately described as to the actions that will be taken and final result

of the actions taken.

(f) “Tribal” or “Tribe” means the Oneida Tribe of Indians of Wisconsin.

503.4 Worker Classification

503.4-1. The Nation shall classify an individual as either an employee or an independent

contractor according to the Fair Labor Standards Act, Department of Labor regulations, the

Internal Revenue Code, Treasury regulations, and the most current guidance from the

Department of Labor and the Internal Revenue Service.

503.56. Form of Contract

503.5-1. The Oneida Law Office shall develop and maintain standard contract form(s) for primary

use by the Nation. 503.6-1. All contracts with the Tribe shall be in the format approved by the

Oneida Law Office. All departments, programs, enterprises, and other agencies of the Tribe shall

use Oneida Law Office-approved contracts.

503.56-2. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida

Purchasing Department. An approved purchase order is required prior to execution of a contract.

before being executed.

503.5-3. At a minimum, the Oneida Law Office shall verify:

(a) appropriate approvals are required for waivers of the Nation’s sovereign immunity;

(b) worker classification, according to the requirements of section 503.4 of this law, is

accurate; and

5 O.C. 503 – Page 2

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requirements for formation of a valid contract.

503.5-4. At a minimum, the Oneida Purchasing Department shall verify:

(a) the contractor holds a current vendor license;

(b) tax forms and federal contractor status;

(d) contract payments are accurately calculated and described; and

(e) whether use of a master contract and task orders would be more efficient.

503.6-3. At a minimum, the Oneida Law Office review shall consist of the following: (a)

verification that: sovereign immunity has not been waived; verification that Independent

Contractor status has not been violated; and verification that the content of the contract meets the

legal needs for the protection of Tribal assets, description of services, payment, and other similar

items.

503.67. Approval Requirements

503.6-1. Contract. The Oneida Law Office and the Oneida Purchasing Department must review

and approve a contract according to the requirements of section 503.5 of this law.

503.6-2. Purchase Order. The Oneida Purchasing Department issues a purchase order based on

the approved contract in accordance with the Oneida Nation procurement sign-off authority.

503.6-3. Vendor License. Unless an independent contractor is exempted from the requirement to

obtain a vendor license, the independent contractor shall have a vendor license in accordance with

the Nation’s Vendor Licensing law prior to issuance of a purchase order.

Unless an independent contractor is exempted from the requirements of obtaining a vendor license,

the independent contractor will be issued a vendor license, subject to any other requirements of

the Nation’s Vendor Licensing law.

503.6-4. Insurance. Before the independent contractor performs any work, the independent

contractor must demonstrate proof of appropriate and adequate insurance coverage.

(a) The Nation’s Risk Management Department is delegated rule making authority to

determine what constitutes appropriate and adequate insurance coverage.

503.6-5. Tax Identification. Before an independent contractor begins work, they are required to

submit tax identification information to the Nation through one of following:

(a) Employer Identification Number.

(b) Social Security Number. If an independent contractor operates a sole proprietorship,

their default tax identification number may be their social security number.

proprietorship and is not eligible for a social security number.

503.6-6. An independent contractor may not begin work until a contract is executed according to

the requirements of section 503.5 of this law and all other approval requirements of section 503.6

are met. If an independent contractor begins work before the requirements of section 503.5 and

503.6 are met, the Nation is released of potential liability.

503.7. Dual Capacity

503.7-1. The TribeNation may hire an individual who is alsocontract with an employee or an

employee-owned business entity of the Tribe as an independent contractor, if:

(a) all requirements of section 503.6 of this law are met;

5 O.C. 503 – Page 3

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(b) the work services performed by the individual as an employee or by an employeeowned business entity of the Tribe are not related to the services is not related to the scope

of work to be provided by the individual as an independent contractor;

(1) even if the employee or employee-owned business entity qualifies for Indian

preference as an independent contractor; and even if the employee or employeeowned business entity were the only independent contractor who would qualify for

Indian preference, this requirement still applies;

employee-owned business entity of the Tribe and the compensation received by the

individual for the scope of work services to be provided as an independent contractor;

(d) the individual is engaged in an independent trade, business, or profession that is

traditionally pursued by an independent contractor, and the scope of work services to be

provided by the individual as an independent contractor relates to such trade, business, or

profession, and the Nation has no significant investment in that business entity; and (d) the

individual offers services as an Independent Contractor in such trade, business or

profession to the general public.

(e) the individual offers services or deliverables as an independent contractor in such trade,

business, or profession to the general public.

503.7-6. The Tribe may engage an employee-owned business entity as an independent contractor

if the following conditions are met:

(a) the employee-owned business entity has a valid Tax Identification Number which is

different than the employee’s Social Security number.

(b) the Tribe has no right to direct or control the employees of the employee-owned

business entity; and

(c) all payments for independent contractor services are made directly to the employeeowned business entity, not to an individual.

End.

Adopted - 7-27-94, motion

Adopted - BC-2-15-95-A, Emergency Action Article VII (503.7 )

Adopted - BC-7-5-95-B, Emergency Action Article VII (503.7 )

Emergency Amended – BC-04-25-12-E

Emergency Extension Amended – BC-10-10-12-B

Amended – BC-02-27-13-A

5 O.C. 503 – Page 4

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Title 5. Business – Chapter 503

INDEPENDENT CONTRACTORS POLICY

503.1. Purpose and Policy

503.2. Adoption, Amendment, Repeal

503.3. Definitions

503.4. Worker Classification

503.5 Form of Contract

503.6 Approval Requirements

503.7 Conflict of Interest

503.1. Purpose and Policy

503.1-1. Purpose. The purpose of this law is to ensure proper classification of employees and

independent contractors for federal labor and tax law purposes; ensure the use of contract forms

approved by the Oneida Law Office and the Oneida Purchasing Department; ensure contracting

with a current employee does not create a conflict of interest or unintended tax consequences; and

ensure independent contractors have appropriate insurance coverages

503.1-2. Policy.

(a) It is the policy of the Nation to utilize Native American businesses to complete work

that the Nation is unable to complete through use of its own employees. All programs,

enterprises, and government agencies are encouraged to seek within their own employees

those with expertise in any matter before going to independent contractors.

(b) It is further the policy of the Nation that the order of preference, as set out in the

Nation’s Indian Preference Law, be used in the selection of independent contractors and in

accordance with this law.

503.2. Adoption, Amendment, Repeal

503.2-1. This law was adopted by the Oneida Business Committee by motion on July 27, 1994,

and amended by resolution BC-02-27-13-A.

503.2-2. This law may be amended or repealed by the Oneida Business Committee or the Oneida

General Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

503.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

503.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

503.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

503.3. Definitions

503.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Deliverable” means quantifiable goods and tangible or intangible products to be

provided by the independent contractor.

quantifiable goods and tangible or intangible products to be provided upon the completion

of a project.

(b) “Employee” means an individual who qualifies as an employee of the Nation using

relevant tests established by applicable Federal law and guidance issued from Federal

agencies. “Employee” does not include elected or appointed officials. For purposes of this

law, individuals employed by the Nation through an employment agreement or

employment contract are employees of the Nation, not independent contractors.

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managed by an individual who is employed as an employee by the Nation. An employeeowned business entity includes, but is not limited to, a partnership, corporation, or limited

liability company.

(d) “Independent contractor” means an individual who qualifies as an independent

contractor using relevant tests established by applicable Federal law and guidance issued

from Federal agencies.

(e) “Nation” means the Oneida Nation.

(f) “Scope of work” means the total deliverables or services to be performed by an

independent contractor upon completion of the work the independent contractor was hired

to complete.

(g) “Service” means an action performed by an independent contractor on behalf of the

Nation.

503.4 Worker Classification

503.4-1. The Nation shall classify an individual as either an employee or an independent

contractor according to the Fair Labor Standards Act, Department of Labor regulations, the

Internal Revenue Code, Treasury regulations, and the most current guidance from the

Department of Labor and the Internal Revenue Service.

503.5. Form of Contract

503.5-1. The Oneida Law Office shall develop and maintain standard contract form(s) for primary

use by the Nation.

503.5-2. All contracts shall be reviewed and approved by the Oneida Law Office and the Oneida

Purchasing Department. An approved purchase order is required prior to execution of a contract.

503.5-3. At a minimum, the Oneida Law Office shall verify:

(a) appropriate approvals are required for waivers of the Nation’s sovereign immunity;

(b) worker classification, according to the requirements of section 503.4 of this law, is

accurate; and

requirements for formation of a valid contract.

503.5-4. At a minimum, the Oneida Purchasing Department shall verify:

(a) the contractor holds a current vendor license;

(b) tax forms and federal contractor status;

(d) contract payments are accurately calculated and described; and

(e) whether use of a master contract and task orders would be more efficient.

503.6. Approval Requirements

503.6-1. Contract. The Oneida Law Office and the Oneida Purchasing Department must review

and approve a contract according to the requirements of section 503.5 of this law.

503.6-2. Purchase Order. The Oneida Purchasing Department issues a purchase order based on

the approved contract in accordance with the Oneida Nation procurement sign-off authority.

503.6-3. Vendor License. Unless an independent contractor is exempted from the requirement to

obtain a vendor license, the independent contractor shall have a vendor license in accordance with

the Nation’s Vendor Licensing law prior to issuance of a purchase order.

5 O.C. 503 – Page 2

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Unless an independent contractor is exempted from the requirements of obtaining a vendor license,

the independent contractor will be issued a vendor license, subject to any other requirements of

the Nation’s Vendor Licensing law.

503.6-4. Insurance. Before the independent contractor performs any work, the independent

contractor must demonstrate proof of appropriate and adequate insurance coverage.

(a) The Nation’s Risk Management Department is delegated rule making authority to

determine what constitutes appropriate and adequate insurance coverage.

503.6-5. Tax Identification. Before an independent contractor begins work, they are required to

submit tax identification information to the Nation through one of following:

(a) Employer Identification Number.

(b) Social Security Number. If an independent contractor operates a sole proprietorship,

their default tax identification number may be their social security number.

proprietorship and is not eligible for a social security number.

503.6-6. An independent contractor may not begin work until a contract is executed according to

the requirements of section 503.5 of this law and all other approval requirements of section 503.6

are met. If an independent contractor begins work before the requirements of section 503.5 and

503.6 of this law are met, the Nation is released of potential liability.

503.7. Dual Capacity

503.7-1. The Nation may contract with an employee or an employee-owned business entity as an

independent contractor if:

(a) all requirements of section 503.6 of this law are met;

(b) the work performed by the individual as an employee or by an employee-owned

business entity is not related to the scope of work to be provided as an independent

contractor;

(1) even if the employee or employee-owned business entity qualifies for Indian

preference as an independent contractor; and even if the employee or employeeowned business entity were the only independent contractor who would qualify for

Indian preference, this requirement still applies;

employee-owned business entity and the compensation received by the individual for the

scope of work to be provided as an independent contractor;

(d) the individual is engaged in an independent trade, business, or profession that is

traditionally pursued by an independent contractor, the scope of work to be provided by

the individual as an independent contractor relates to such trade, business, or profession,

and the Nation has no significant investment in that business entity; and

(e) the individual offers services or deliverables as an independent contractor in such trade,

business, or profession to the general public.

End.

Adopted - 7-27-94, motion

Adopted - BC-2-15-95-A, Emergency Action Article VII (503.7)

Adopted - BC-7-5-95-B, Emergency Action Article VII (503.7)

Emergency Amended – BC-04-25-12-E

Emergency Extension Amended – BC-10-10-12-B

Amended – BC-02-27-13-A

5 O.C. 503 – Page 3

61 of 63

FINANCE ADMINISTRATION GDDDOD=

Fiscal Impact Statement ONEIDA

MEMORANDUM

TO:

RaLinda Ninham‐Lamberies, Chief Financial Officer

FROM:

Rae Skenandore, Sr. Analyst

DATE:

January 7, 2026

RE:

Fiscal Impact Statement of the Independent Contractor Policy Amendments

Estimated Fiscal Impact Summary

Law: Independent Contractor Policy Amendments

Oneida Law Office

Implementing Agency

Oneida Pur

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