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Oneida Nation

Post Office Box 365

Phone: (920)869-2214

Oneida, WI 54155

BC Meeting Materials July 26, 2017

Open Session

CERTIFICATION

I, the undersigned, as Secretary of the Oneida Bus iness Committee, hereby certify that

the following 704 pages are the Open Session meeting materials presented at a

meeting duly called, noticed and held on the 26 th day of July, 2017, and reconvened o n

the 27th day of July, 2017.

____________________________

Lisa Summers, Tribal Secretary

Oneida Business Committee

Public Packet

Page 1

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, July 25, 2017

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, July 26, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

To get a copy of the agenda, go to: oneida-nsn.gov/government/business-committee/agendas-packets/

I. CALL TO ORDER AND ROLL CALL

II. OPENING (Please Note: Scheduled times are approximate and subject to change)

A. Special Recognition – Oneida athletes – North American Indigenous Games (NAIG)

Toronto, Ontario – July 17-21, 2017 (This item is scheduled to begin at 1:30 p.m.)

Sponsor:

Fawn Billie, Councilwoman

B. Special Recognition for Years of Service – Seventeen (17) Oneida Nation employees

Sponsor:

Geraldine Danforth, Area Manager/Human Resources Dept.

III. ADOPT THE AGENDA

IV. OATHS OF OFFICE

A. Oneida Police Commission – Kory Wesaw

B. Oneida Personnel Commission – Pearl Webster, Carol Smith, and Gerald DeCoteau

V. MINUTES

A. Approve July 12, 2017, regular meeting minutes

Sponsor:

Lisa Summers, Tribal Secretary

VI. RESOLUTIONS

A. Adopt resolution entitled Native American Business Development Institute (NABDI)

Feasibility Study

Sponsor:

Joanie Buckley, Division Director/Internal Services

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 1 of 7

Public Packet

Page 2

B. Adopt resolution entitled Well Abandonment Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

C. Adopt resolution entitled Tribal Environmental Response Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

D. Adopt resolution entitled On-Site Waste Disposal Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

E. Adopt resolution entitled Public Use of Tribal Land Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

F. Adopt resolution entitled All-Terrain Vehicle Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

G. Adopt resolution entitled Hunting, Fishing and Trapping Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

H. Adopt resolution entitled Water Resources Ordinance Amendments

Sponsor:

I.

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Adopt resolution entitled Oneida Business Committee Meetings Law

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

J. Adopt resolution entitled Landlord-Tenant Emergency Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

K. Adopt resolution entitled Adoption of the Children’s Code and the Nation’s Indian Child

Welfare Act Policy

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

L. Adopt resolution entitled Cemetery Law Amendments

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

VII. STANDING COMMITTEES

A. Legislative Operating Committee

Chair:

Brandon Stevens, Councilman

1. Accept June 21, 2017, Legislative Operating Committee meeting minutes

B. Finance Committee

Chair:

Trish King, Tribal Treasurer

1. Approve July 17, 2017, Finance Committee meeting minutes

2. Approve Finance Committee E-Poll results regarding Prevea Clinics, Inc. Psychiatric

Services agreement - file # 2017-0808

3. Approve Finance Committee E-Poll results regarding two Capital Expenditure transfer

of funds for $300,000 from Elder Services to CIP # 05-013 – Elder Services/Apartment

Improvements; and $21,000 from 3 Sisters Asphalt Replacement to CIP # 14-013 –

Early Head Start Facility

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 2 of 7

Public Packet

Page 3

C. Quality of Life Committee

Chair:

Fawn Billie, Councilwoman

1. Accept May 11, 2017, Quality of Life meeting minutes

VIII. APPOINTMENTS

A. Approve recommendation to appoint Jeanette Archiquette-Ninham to Pardon and

Forgiveness Screening Committee; and re-post the other three (3) vacancies

Sponsor:

Cristina Danforth, Tribal Chairwoman

B. Approve recommendation to appoint Elaine Skenandore-Cornelius to Bay Bancorporation

Board of Directors

Liaison Alternate: David Jordan, Councilman

IX. TABLED BUSINESS

A. Approve recommendation to appoint Robert Barton to Oneida Airport Hotel Corp. Board

of Directors

Sponsor:

Cristina Danforth, Tribal Chairwoman

EXCERPT FROM JULY 12, 2017: (1) Motion by Fawn Billie to approve the recommendation to

appoint Robert Barton to the Oneida Airport Hotel Corporation Board of Directors, seconded by

David Jordan. Motion not voted on; item tabled. (2) Motion by Lisa Summers to table this item,

seconded by Tehassi Hill.

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

X. UNFINISHED BUSINESS

A. Approve four (4) actions regarding Oneida Nation Solar LL.C. Operating agreement – file #

2017-0655

Requestor:

Sponsor:

Michael Troge, Environmental Project Manager/Eco-Services Dept.

Patrick Pelky, Division Director/Environmental Health & Safety

EXCERPT FROM JUNE 28, 2017: (1) Motion by Lisa Summers to accept the Oneida Nation

Solar LL.C. Operating agreement – file # 2017-0655, as information only at this point, noting the

requestors will come back and either request a special Business Committee meeting or add this

item to an upcoming regular Business Committee for completion, seconded by Jennifer Webster.

Motion carried unanimously. (2) Motion by Lisa Summers to request the Finance Department

complete the remainder of their review by Friday, July 7, 2017, so we can proceed, seconded by

David Jordan. Motion carried unanimously.

XI. NEW BUSINESS

A. Approve revised OBC SOP entitled Hiring and Negotiating Oneida Business Committee

(OBC) Political Appointments

Sponsor:

Tehassi Hill, Councilman

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 3 of 7

Public Packet

Page 4

B. Schedule special Business Committee meeting for purpose of administering oaths of

office for remaining elected officials

Sponsor:

Lisa Summers, Tribal Secretary

XII. OPERATIONAL REPORTS (Please Note: Scheduled times are approximate and subject to change)

A. Accept Comprehensive Health Division FY ’17 3rd quarter report

(1:40 p.m.-2:00 p.m.)

Sponsors:

Debra Danforth, Division Director/Comprehensive Health Operations; Dr.

Ravinder Vir, Medical Director/Medical Operations

B. Accept Community & Economic Development Division FY ’17 3rd quarter report

(2:00 p.m.-2:20 p.m.)

Sponsor:

Troy Parr, Division Director/Community & Economic Development – Development

Branch

C. Accept Public Works Division FY ’17 3rd quarter report

(2:20 p.m.-2:40 p.m.)

Sponsors:

Jacque Boyle, Interim Assistant Division Director/Public Works – Development

Branch

D. Accept Governmental Services Division FY ’17 3rd quarter report

(2:40 p.m.-3:00 p.m.)

Sponsor:

George Skenandore, Division Director/Governmental Services

XIII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC

Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to

https://goo.gl/uLp2jE)

A. Approve four (4) actions regarding Petitioner Edward Delgado – Trust Land Distribution

Sponsor:

Lisa Summers, Tribal Secretary

EXCERPT FROM JULY 12, 2017: No formal action taken on this item.

EXCERPT FROM JUNE 28, 2017: Motion by Lisa Summers to defer the remaining agenda items

to the July 12, 2017, regular Business Committee meeting, seconded by Tehassi Hill. Motion

carried unanimously.

EXCERPT FROM JUNE 14, 2017: Meeting cancelled.

B. Approve four (4) actions regarding Petitioner Linda Dallas – 2017 Tri-Annual General

Election

Sponsor:

Lisa Summers, Tribal Secretary

C. Determine appropriate date and reschedule FY ’18 GTC budget meeting

Sponsor:

Trish King, Tribal Treasurer

D. Approve two (2) actions regarding special GTC meeting

Sponsor:

Lisa Summers, Tribal Secretary

E. Accept legal opinion of Referendum Question regarding development of law which

provides for sanctions and due process for elected officials

Sponsor:

Jo Anne House, Chief Counsel

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 4 of 7

Public Packet

Page 5

F. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor:

Lisa Summers, Tribal Secretary

a. Approved memorandum to cancel the June 20, 2017, special GTC meeting; and direct

the Tribal Secretary to combine agenda items to a later date with the Employment law

and Re-organization proposal

Requestor: Brandon Stevens, Councilman

EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to enter the E-Poll results into

the record for the approved memorandum to cancel the June 20, 2017, special GTC meeting;

and to direct the Tribal Secretary to combine agenda items to a later date with the

Employment law and Re-organization proposal, seconded by Jennifer Webster. Motion not

formally voted on.1

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

XIV. EXECUTIVE SESSION (Please Note: Scheduled times are approximate and subject to change)

A. REPORTS

1. Determine appropriate actions regarding Oneida Seven Generations Corporation FY

’17 3rd quarter report

Agent:

Pete King III

Liaison:

Tina Danforth, Tribal Chairwoman

2. Accept Bay Bancorporation, Inc. FY ’17 3rd quarter report

President: Jeff Bowman (8:30 a.m.-9:00 a.m.)

Liaison:

Tina Danforth, Tribal Chairwoman

3. Accept Oneida ESC Group, LLC. FY ’17 3rd quarter report

Chair:

Liaison:

Jackie Zalim (9:30 a.m.-10:00 a.m.)

Tehassi Hill, Councilman

(Break scheduled from 10:00 a.m.-10:15 a.m.)

4. Accept Oneida Airport Hotel Corporation FY ’17 3rd quarter report

Agent:

Liaison:

Janice Hirth-Skenandore (10:15 a.m.-10:45 a.m.)

Trish King, Tribal Treasurer

5. Accept Oneida Golf Enterprise FY ’17 3rd quarter report

Agent:

Liaison:

Janice Hirth-Skenandore (10:45 a.m-11:15 a.m.)

Trish King, Tribal Treasurer

6. Accept Gaming General Manager report – Louise Cornelius, Gaming General Manager

(This item is scheduled to begin at 1:30 p.m.)

7. Accept Chief Counsel report – Jo Anne House, Chief Counsel

8. Accept Intergovernmental Affairs & Communications report – Nathan King, Director

1

Upon review of the audio, it was concluded that the motion for this item was not formally voted on.

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 5 of 7

Public Packet

Page 6

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

2. Oneida Golf Enterprise - Ladies Professional Golf Association

Sponsor:

Trish King, Tribal Treasurer (11:15 a.m.-11:30 a.m.)

C. AUDIT COMMITTEE

Chair: Tehassi Hill, Councilman (This item is scheduled to begin at 11:30 a.m.)

1. Accept Audit Committee FY '17 3rd quarter report

D. UNFINISHED BUSINESS

1. Accept report regarding contract # 2017-0088 and determine next steps

Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman

EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the report regarding

contract # 2017-0088 for sixty (60) days, seconded by Brandon Stevens. Motion carried

unanimously.

EXCERPT FROM FEBRUARY 8, 2017: Motion by Lisa Summers to direct Liaisons

Councilwoman Jennifer Webster and Secretary Lisa Summers to work with the Law Office on

a contract item that was brought forward; and to bring back a report to the Business

Committee within sixty (60) days, seconded by Trish King. Motion carried unanimously.

2. Review final recommendation; and determine next steps regarding complaints # 2017DR08-01, # 2017-DR08-02, and # 2017-DR08-03

Sponsors: Councilmembers Brandon Stevens, David Jordan, Jennifer Webster

EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to defer this item to the July 26,

2017, regular Business Committee meeting for the team to do the additional follow-up that

was identified, seconded by Jennifer Webster. Motion carried with one abstention.

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer this item to the July 12, 2017, regular Business Committee meeting, seconded by

Jennifer Webster. Motion carried unanimously.

3. Discussion regarding complaint # 2017-CC-05 (9:00 a.m.-9:30 a.m.)

Sponsor:

David Jordan, Councilman

EXCERPT FROM JULY 12, 2017: Motion by Lisa Summers to defer this item to the July 25,

2017, Oneida Business Committee executive session agenda for a 9:00 a.m. start time,

seconded by David Jordan. Motion carried unanimously.

4. Defer report regarding complaint # 2017-DR11-01 to August 9, 2017, regular Business

Committee meeting

Sponsor: Melinda J. Danforth, Tribal Vice-Chairwoman

EXCERPT FROM JULY 12, 2017: Motion by Jennifer Webster to defer this item to the

Oneida Business Committee Officers for follow up with the Comprehensive Health

Operations Division Director; and for a report to be brought back to the July 26, 2017, regular

Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously.

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 6 of 7

Public Packet

Page 7

E. NEW BUSINESS

1. Approve limited waiver of sovereign immunity – Laredo Ender User License agreement

– file # 2017-0125

Sponsor: Patrick Pelky, Division Director/Environmental Health & Safety

2. Approve limited waiver of sovereign immunity – Baker Tilly Virchow Krause LLP.Engagement Letter – file # 207-0483

Sponsor: Larry Barton, Chief Financial Officer

3. Approve procedural exception to allow Dept. of Public Works to carryover funds from

FY '17 operational equipment into FY '18

Sponsor: Trish King, Tribal Treasurer

4. Create position expectations for Direct Report – 21

Sponsor:

Tehassi Hill, Councilman

5. Accept sign-in sheets from June 20, 2017, as information

Sponsor:

Cristina Danforth, Tribal Chairwoman

6. Accept sign-in sheets from June 28, 2017, as information

Sponsor:

Cristina Danforth, Tribal Chairwoman

XV. ADJOURN

Posted on the Oneida Nation’s official website, www.oneida-nsn.gov, at 2:15 p.m., Friday, July 21, 2017, pursuant to

the Open Records and Open Meetings Law, section 7.17-1.

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

website at: https://oneida-nsn.gov/government/business-committee/agendas-packets/

For information about this meeting, please call the Business Committee Support Office at (920) 869-4364 or (800)

236-2214.

Oneida Business Committee Regular Meeting Agenda of July 26, 2017

Page 7 of 7

Public Packet

Page 8

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

7

/ 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Announcement/Recognition

Accept as Information only

Action - please describe:

Request for the BC to recognize and congratulate the Oneida athletes who participated in the North

American Indigenous Games (NAIG) in Toronto, Ontario from July 17-21, 2017.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Fawn Billie, Council Member

Primary Requestor/Submitter:

Cathy Bachhuber, Executive Assistant

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Susan House, Parks and Recreation

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

Page 9

Public Packet

Page 10

Public Packet

Page 11

Public Packet

Page 12

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

07 / 26

/ 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Kory Wesaw Name to the Oneida Police Commission.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Lee Cornelius, Records Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

Page 13

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

The posting was in the 08/18/16 issue of the Kalihwisaks for 1 of vacancy on the Oneida Police Commission for a

5 year term with the deadline of 09/16/16. There were 3 applicants for the 1 vacancy on the Oneida Police

Commission. The appointment was made on the 7/12/16 BC Agenda.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

Page 14

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

07 / 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Oaths of Office

Accept as Information only

Action - please describe:

Administer Oath of Office to Pearl Webster, Carol Smith and Gerald DeCoteau to the Oneida Personnel

Commission.

3. Supporting Materials

Report

Resolution

Contract

Other:

1.

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Kathleen M. Metoxen, Executive Tribal Clerk

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

Page 15

Oneida Business Committee Agenda Request

6. Cover Memo:

Describe the purpose, background/history, and action requested:

***BACKGROUND***

During the reconvened BC meeting on July 3, 2017, the following appointments were made for two separate

postings to the Oneida Personnel Commission:

Posting A:

There were 4 vacancies on the Oneida Personnel Commission for a 5 year term.

There were 6 applicants for the 4 vacancies.

The BC approved the Chair's recommendation to appoint Patricia Powless, Jason Martinez, and Pearl Webster.

They approved Carol Smith instead of the Chair's recommendation for John Orie.

Posting B:

There were 3 vacancies on the Oneida Personnel Commission for a 5 year term.

There were 3 applicants for the 3 vacancies.

The BC approved the Chair's recommendation to appoint Stacey Nieto, Gerald DeCoteau, and Yvonne Jourdan.

Pearl Webster, Carol Smith and Gerald DeCoteau couldn't make the July 12, 2017, BC meeting.

1) Save a copy of this form for your records.

2) Print this form as a *.pdf OR print and scan this form in as *.pdf.

3) E-mail this form and all supporting materials in a SINGLE *.pdf file to: BC_Agenda_Requests@oneidanation.org

Page 2 of 2

Public Packet

Page 16

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

07 / 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Minutes

Accept as Information only

Action - please describe:

Approve July 12, 2017, regular meeting minutes

3. Supporting Materials

Report

Resolution

Contract

Other:

1. July 12, 2017, regular meeting minutes

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

Unbudgeted

5. Submission

Authorized Sponsor / Liaison:

Lisa Summers, Tribal Secretary

Primary Requestor/Submitter:

Submitted by: Heather Heuer, Info. Mgmt. Spec./BC Support Office

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Public Packet

Page 17

DRAFT

Oneida Business Committee

Executive Session

8:30 a.m. Tuesday, July 11, 2017

Executive Conference Room, 2nd floor, Norbert Hill Center

Regular Meeting

8:30 a.m. Wednesday, July 12, 2017

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes - DRAFT

EXECUTIVE SESSION

Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Council members: Fawn Billie, Tehassi

Hill, David Jordan, Brandon Stevens, Jennifer Webster;

Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King;

Arrived at: ;

Others present: Jo Anne House, Larry Barton;

REGULAR MEETING

Present: Chairwoman Tina Danforth, Secretary Lisa Summers, Council members: Fawn Billie, David

Jordan, Jennifer Webster;

Not Present: Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, Councilman Brandon

Stevens;

Arrived at: Councilman Tehassi Hill at 8:35 a.m.;

Others present: Jo Anne House, Heather Heuer, Brad Graham, Bill Graham, Jen Falck, Leyne Orosco,

Debbie Melchert, Lee Cornelius, Chris Johnson, Lisa Liggins, Jessica Wallenfang, Nancy Barton, Cathy

Metoxen, Karen Smith, Paul Witek, Ed Delgado, Pat Pelky, Jacque Boyle, Troy Parr, Carol Silva, Connie

Doxtater, Sandra Reveles, Larry Barton, Bonnie Pigman, Dakota Oskey, Sheila Huntington, Gina

Buenrostro, Rob Collins, Susan White, Tsyoshaaht Delgado, George Skenandore, Stacey Nieto, Yvonne

Jourdan, Patricia Powless, Jason Martinez, Danielle Martinez, Lisa Huff;

I. CALL TO ORDER AND ROLL CALL by Chairwoman Tina Danforth at 8:32 a.m.

For the record:

Vice-Chairwoman Melinda J. Danforth, Treasurer Trish King, and

Councilman Brandon Stevens are out of the office on vacation time.

II. OPENING by Chairwoman Tina Danforth

III. ADOPT THE AGENDA (00:02:03)

Councilman Tehassi Hill arrives at 8:35 a.m.

Motion by Lisa Summers to adopt the agenda with the following changes: [Delete General Tribal Council

item XII.C.01. Accept legislative analysis regarding Petitioner Edward Delgado: Trust Land Distribution;

and to move XII.E. Approve the August 14, 2017, to the top of the agenda], seconded by Jennifer

Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017

Page 1 of 15

Public Packet

Page 18

DRAFT

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

IV. OATHS OF OFFICE (00:03:42) administered by Secretary Lisa Summers

A. Oneida Personnel Commission – Patricia Powless, Jason Martinez, Pearl Webster (Not

Present), Carol Smith (Not Present), Stacey Nieto, Gerald DeCoteau (Not Present), and

Yvonne Jourdan

V. MINUTES (00:06:26)

A. Approve June 28, 2017, regular meeting minutes with reconvened session on July 3, 2017

Sponsor:

Lisa Summers, Tribal Secretary

Motion by David Jordan to approve the June 28, 2017, regular meeting minutes with reconvened session

on July 3, 2017, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

VI. STANDING COMMITTEES

A. Legislative Operating Committee

Chair:

Brandon Stevens, Councilman

1. Determine next steps regarding memorandum entitled Oneida Health Board – GTC

Directive (00:09:13)

Sponsor: Brandon Stevens, Councilman; Legislative Operating Committee Chair

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

Motion by David Jordan to accept as information the memorandum entitled Oneida Health Board – GTC

Directive, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

Amendment to the main motion by Lisa Summers to direct the Tribal Secretary’s Office, which is also

responsible for managing Records Management, to develop a resolution to bring back to the Business

Committee to adopt to dissolve the Heath Board, it would also contain the appropriate directions, as well

as contain the history of why this action is being taken for the record, seconded by Fawn Billie. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

B. Finance Committee

Chair:

Trish King, Tribal Treasurer

1. Approve June 29, 2017, Finance Committee meeting minutes (00:13:53)

Motion by Jennifer Webster to approve the June 29, 2017, Finance Committee meeting minutes,

seconded by Fawn Billie. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017

Page 2 of 15

Public Packet

Page 19

DRAFT

Abstained:

Not Present:

David Jordan

Melinda J. Danforth, Trish King, Brandon Stevens

2. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor: Lisa Summers, Tribal Secretary

a. Approved June 5, 2017, Finance Committee meeting minutes (00:14:41)

Requestor:

Larry Barton, Chief Financial Officer

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa

Summers to defer the remaining agenda items to the July 12, 2017, regular Business

Committee meeting, seconded by Tehassi Hill. Motion carried unanimously.

Motion by Lisa Summers to enter the E-Poll results into the record for the approved June 5, 2017,

Finance Committee meeting minutes, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

VII. APPOINTMENTS

A. Approve recommendation to appoint Robert Barton to the Oneida Airport Hotel Corp.

Board of Directors (00:15:33)

Sponsor:

Tina Danforth, Tribal Chairwoman

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

Motion by Fawn Billie to approve the recommendation to appoint Robert Barton to the Oneida Airport

Hotel Corporation Board of Directors, seconded by David Jordan. Motion not voted on; item tabled.

Councilman David Jordan departs at 8:50 a.m.

Councilman David Jordan returns at 8:51 a.m.

Motion by Lisa Summers to table this item, seconded by Tehassi Hill.

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

B. Reconsider, review, and hear testimony from Kory Wesaw regarding appointment to

Oneida Police Commission (00:19:07)

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by David Jordan to approve the recommendation and appoint Kory Wesaw to the Oneida Police

Commission, seconded by Jennifer Webster. Motion carried with one opposed and one abstention:

Ayes:

Tehassi Hill, David Jordan, Jennifer Webster

Opposed:

Lisa Summers

Abstained:

Fawn Billie

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

For the record:

Secretary Lisa Summers stated I’m going to oppose just because the

agenda says that he was going to be here today so that we can ask him

our questions. My understanding is that he was separated from

employment there not only once but twice and I think that was going to

be my opportunity to ask him because the agenda said that he would be

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here today so that we could ask our clarifying questions about his

employment history there. As liaison to the commission, I understand the

concern. If you have an employee that’s potentially been terminated from

employment from that area twice and now they are being asked to act as

a supervisor to the Chief of Police. I think that the Police Commission’s

concern about a potential conflict of interest is valid and I think this would

have been our opportunity because it says that he was supposed to be

here today and in absence of him being able to provide testimony or to

provide additional clarification around the situation, it would be difficult for

I think us to make a fair decision about that.

VIII. STANDING ITEMS

A. Accept quarterly report regarding Work Plan for Cemetery Improvements Project # 14-002

Sponsor:

James Petitjean, Interim Assistant Division Director/Development (00:27:00)

Secretary Lisa Summers departs at 9:00 a.m.

Secretary Lisa Summers returns at 9:08 a.m.

Motion by Lisa Summers to accept the quarterly report regarding Work Plan for Cemetery Improvements

Project # 14-002, seconded by Jennifer Webster. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Abstained:

David Jordan

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

Amendment to the main motion by Jennifer Webster for a final close-out report, including financials,

regarding the Cemetery Improvements Project # 14-002 be submitted to the Oneida Business Committee

in sixty (60) days, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

IX. UNFINISHED BUSINESS

A. Accept presentation of Development Division re-organizational structure as information

Sponsors:

Jacque Boyle, Assistant Division Director/Development-Operations; Troy Parr,

Assistant Division Director/Development-Development (1:00:10)

Motion by Jennifer Webster to accept the presentation of the Development Division re-organizational

structure, as information, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

Councilman David Jordan departs at 10:07 a.m.

Councilman David Jordan returns at 10:28 a.m.

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B. Approve Amended and Restated Per Capita Trust agreement – file # 2017-0614 (1:34:44)

Requestor:

Sponsor:

Susan White, Director/Trust Enrollment

Brandon Stevens, Councilman

Motion by Tehassi Hill to approve the Amended and Restated Per Capita Trust agreement – file # 20170614, dated May 23, 2017, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

C. Post vacancy to Oneida Personnel Commission with term end date of 2/28/21 (2:02:30)

Requestor:

Sponsor:

Kathleen Metoxen, Records Technician II/BC Support Office

Lisa Summers, Tribal Secretary

Motion by David Jordan to post the vacancy to Oneida Personnel Commission with term end date of

2/28/21, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

Councilman Tehassi Hill departs at 10:39 a.m.

Councilman Tehassi Hill returns at 10:44 a.m.

D. Approve OBC SOP entitled Stipends for OBC - Elect during Transition (2:03:20)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the OBC SOP entitled Stipends for OBC - Elect during Transition;

and to include a sentence clarifying that if you are a current employee you are not eligible for the stipend,

seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

E. Accept memorandum regarding OBC Members and Political Appointments Ending Elected

Terms (2:22:38)

Sponsor:

Geraldine Danforth, Area Manager/Human Resources Dept.

Motion by Lisa Summers to accept the memorandum regarding OBC Members and Political

Appointments Ending Elected Terms; and to defer this item to the Legislative Reference Office and

Human Resources Dept. for the follow-up to be completed for the next term, seconded by Tehassi Hill.

Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

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F. Approve authorization to proceed with construction contract award for CIP # 14-013 –

Early Head Start Facility with understanding additional funds are included in FY18 budget

Requestor:

Paul Witek, Senior Tribal Architect (2:46:22)

Sponsor:

Troy Parr, Assistant Division Director/Development-Development

Motion by Lisa Summers to adopt resolution # 07-12-17-A Amending Resolution # BC-09-28-16-B to

Correctly Title the Fund ‘Economic Development, Diversification and Community Development” and to

Correct the Purpose of the Fund to Include Community Development, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

Motion by Lisa Summers to adopt resolution # 07-12-17-B Authorizing Use of $193,401.00 from the

Economic Development, Diversification and Community Development Fund for the Purposes of CIP # 14013, seconded by Jennifer Webster. Motion carried unanimously:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

Motion by Jennifer Webster to allocate $151,599 from the Community Economic Development fund to the

CIP # 14-013 Early Head Start Facility, seconded by Lisa Summers. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

G. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved Memorandum of Understanding regarding Back Forty Mine – reference #

2017-0592 (3:00:50)

Requestor: Nathan King, Director/Intergovernmental Affairs & Communications

Motion by Tehassi Hill to enter the E-Poll results into the record for the approved Memorandum of

Understanding regarding Back Forty Mine – reference # 2017-0592, seconded by Fawn Billie. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

X. NEW BUSINESS

A. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved request to add the Governmental Services Division semi-annual report into

the 2016 semi-annual reports book; and update memo in book to reflect change

Requestor: Lisa Summers, Tribal Secretary (3:01:27)

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Motion by Lisa Summers to enter the E-Poll results into the record for the approved request to add the

Governmental Services Division semi-annual report into the 2016 semi-annual reports book; and update

memo in book to reflect change, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

XI. TRAVEL

A. TRAVEL REPORTS

1. Accept travel report – Councilman David Jordan – WI Republican Night – Washington

D.C. – April 25-27, 2017 (3:02:18)

Motion by Lisa Summers to accept the travel report – Councilman David Jordan – WI Republican Night –

Washington D.C. – April 25-27, 2017, seconded by Tehassi Hill. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Abstained:

David Jordan

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

2. Accept travel report – Councilman Tehassi Hill – American Indian/Alaska Native Public

Witness Hearing – Washington D.C. – May 15-17, 2017 (3:03:18)

Motion by Lisa Summers to accept the travel report – Councilman Tehassi Hill – American Indian/Alaska

Native Public Witness Hearing – Washington D.C. – May 15-17, 2017, seconded by Fawn Billie. Motion

carried with one abstention:

Ayes:

Fawn Billie, David Jordan, Lisa Summers, Jennifer Webster

Abstained:

Tehassi Hill

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

B. TRAVEL REQUESTS

1. Accept travel request regarding Secretary Lisa Summers & Councilwoman Fawn Billie

attending 2017 North American Indigenous Games in Toronto, Ontario, July 16-23,

2017, as information (3:05:53)

Motion by Jennifer Webster to accept the travel request regarding Secretary Lisa Summers &

Councilwoman Fawn Billie attending 2017 North American Indigenous Games in Toronto, Ontario, July

16-23, 2017, as information, noting there is no request for per diem, hotel, or mileage, seconded by

Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

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2. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor: Lisa Summers, Tribal Secretary

a. Approved travel request – Treasurer Trish King and up two (2) additional OBC

members – Midwest Alliance of Sovereign Tribes (MAST) summer meeting –

Hinkley, MN – July 13-14, 2017 (3:10:55)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to enter the E-Poll results into the record for the approved travel request –

Treasurer Trish King and up two (2) additional OBC members – Midwest Alliance of Sovereign Tribes

(MAST) summer meeting – Hinkley, MN – July 13-14, 2017, noting that there will be no Oneida Business

Committee members attending this event, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa

Summers to defer the remaining agenda items to the July 12, 2017, regular Business

Committee meeting, seconded by Tehassi Hill. Motion carried unanimously.

b. Approved travel request – Vice-Chairwoman Melinda J. Danforth – Partners in

Action conference – Prior Lake, MN – July 18 and/or 20, 2017 (3:12:16)

Requestor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Lisa Summers to enter the E-Poll results into the record for the travel request – ViceChairwoman Melinda J. Danforth – Partners in Action conference – Prior Lake, MN – July 18 and/or 20,

2017, noting an additional request for Councilman Tehassi Hill to attend as well, seconded by Jennifer

Webster. Motion carried with one abstention:

Secretary Lisa Summers departs at 11:47 a.m. before voting occurs.

Ayes:

Abstained:

Not Present:

Fawn Billie, David Jordan, Jennifer Webster

Tehassi Hill

Melinda J. Danforth, Trish King, Brandon Stevens, Lisa Summers

XII. GENERAL TRIBAL COUNCIL (To obtain a copy of Members Only materials, visit the BC

Support Office, 2nd floor, Norbert Hill Center and present Tribal I.D. card or go to

https://goo.gl/uLp2jE)

Secretary Lisa Summers returns at 11:50 a.m.

A. Accept Petitioner Edward Delgado’s request to withdraw kindergarten retention petition

Sponsor:

Fawn Billie, Councilwoman (3:16:23)

Motion by Tehassi Hill to accept Petitioner Edward Delgado’s request to withdraw kindergarten retention

petition filed on November 12, 2016, seconded by Jennifer Webster. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

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B. Petitioner Sherrole Benton: Request to change pre-employment drug testing for marijuana

1. Accept status update as information (3:18:07)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Tehassi Hill to accept the status update as information regarding Petitioner Sherrole Benton:

Request to change pre-employment drug testing for marijuana, seconded by Jennifer Webster. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the financial

analysis, seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa

Summers to direct the Secretary to come back with a proposed General Tribal Council date

for this item at the next regular Business Committee meeting; and to direct the Secretary to

follow-up with the petitioner to see if there’s an alternative way for the issue to be resolved,

seconded by Fawn Billie. Motion carried unanimously.

EXCERPT FROM MAY 10, 2017: Motion by Fawn Billie to defer the financial analysis to the

May 24, 2017 regular Business Committee meeting, seconded by David Jordan. Motion

carried unanimously.

EXCERPT FROM APRIL 26, 2017: Motion by Jennifer Webster to defer the financial analysis

to May 10, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion

carried unanimously.

EXCERPT FROM APRIL 12, 2017: (1) Motion by David Jordan to accept the legal analysis,

seconded by Jennifer Webster. Motion carried unanimously. (2) Motion by Lisa Summers to

defer the financial analysis to the April 26, 2017, regular Business Committee meeting,

seconded by David Jordan. Motion carried unanimously.

EXCERPT FROM MARCH 22, 2017: (1) Motion by David Jordan to accept the legislative

analysis, seconded by Tehassi Hill. Motion carried unanimously. (2) Motion by Tehassi Hill to

defer the legal analysis to the April 12, 2017, regular Business Committee meeting, seconded

by Lisa Summers. Motion carried unanimously. (3) Motion by David Jordan to defer the

financial analysis to the April 12, 2017, regular Business Committee meeting, seconded by

Tehassi Hill. Motion carried unanimously.

EXCERPT FROM MARCH 8, 2017: (1) Motion by Brandon Stevens to accept the progress

report regarding legislative analysis, seconded by Tehassi Hill. Motion carried unanimously.

(2) Motion by Jennifer Webster to accept the progress report regarding the legal analysis,

seconded by Fawn Billie. Motion carried unanimously. (3) Motion by Jennifer Webster to

accept the progress report regarding the financial analysis, seconded by Brandon Stevens.

Motion carried unanimously.

EXCERPT FROM JANUARY 11, 2017: (1) Motion by Lisa Summers to accept the verified

petition from Sherrole Benton regarding a request to change pre-employment drug testing for

marijuana use; to send the verified petition to the Law, Finance, Legislative Reference, and

Direct Report Offices for the legal, financial, legislative, and administrative analyses to be

completed; and to direct the Law, Finance, and Legislative Reference Offices to submit their

analyses to the Tribal Secretary’s Office within sixty (60) days, and that a progress report be

submitted in forty-five (45) days, seconded by Fawn Billie. Motion carried unanimously.

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C. Approve four (4) actions regarding Petitioner Edward Delgado: Trust Land Distribution

Sponsor:

Lisa Summers, Tribal Secretary

No formal action was taken on this item.

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

1. Accept legislative analysis

Sponsor:

Brandon Stevens, Councilman/Legislative Operating Committee Chair

Item deleted at the adoption of the agenda

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

Councilman David Jordan departs at 11:56 a.m.

D. Accept correspondence to GTC dated June 19, 2017, as information (3:22:05)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Jennifer Webster to accept correspondence to GTC dated June 19, 2017, as information,

seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens

For the record:

Chairwoman Tina Danforth stated I believe my constitutional rights were

violated in assisting my office of the Chairwoman to provide for a

General Tribal Council on June 28th. My office took the necessary steps

to provide for an agenda, to provide for the backup materials, to provide

for the mailer to go out, but when the Secretary took it upon herself to

have Printing not send out the mailer because she was informed

otherwise by the Business Committee’s e-poll and this is just now

coming to the agenda due to other delay of people’s availability, but

regardless of that, I think my office, the office of the Chairwoman did do

to the best of her ability in utilizing staff and resources to inform General

Tribal Council of a meeting for June 28th which would have met the 10

day notice policy had the June 16th not interfered and provide other

clarification, other unsolicited to the Print department.

For the record:

Secretary Lisa Summers stated I also have a for the record comments,

noting that the material submitted by the Chairwoman’s office for printing

for the June 28th date did not meet the 10 day notice requirement as it

had new items on the agenda with no backup material on them and that

the Printing department had notified the Chairwoman’s office when it was

submitted to them on June 13th that it would not meet the 10 day notice

requirements at that point and as a matter of fact had noticed the

Chairwoman’s office on at least two occasions that the materials did not

meet the 10 day notice requirements and that they did seek input from

the Secretary’s office as the normal process is. That a full analysis was

completed including the use of previous General Tribal Council

meetings, the 10 day notice policy which was adopted by General Tribal

Council, the Constitution, the Secretary’s job description, and all of the

applicable, and I believe there’s four of them legal opinions regarding this

subject.

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For the record:

For the record:

Chairwoman Tina Danforth stated I just wanted to note that on June 13th

there was not a notice to my staff that we were not going to meet the 10

day requirements. The conversation on June 13th was that there was

other printing demands for the July 17th meeting and because of those

other printing demands we were advised to outsource the mailer and we

then took steps necessary to have the mailer outsourced to meet the 10

day notice requirement. Everything was done in accordance with

advisement of the Printing department in order to provide a 10 day notice

again until other analysis took place after the fact.

Secretary Lisa Summers stated I also want included then as well and I

believe this is a part of the analysis that the Printing department did

provide a chronology of events that took place between the Printing

department and your office and my office and indicated in that

chronology of events it is provided. I can definitely go back and double

check with them, but they did provide in writing that your office was

notified, Madam Chair, that the 10 day notice requirements would not be

met so that is information I need to go by because that came from the

staff.

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers to

defer the remaining agenda items to the July 12, 2017, regular Business Committee meeting,

seconded by Tehassi Hill. Motion carried unanimously.

E. Approve August 14, 2017, special GTC meeting materials (00:07:20)

Sponsor:

Lisa Summers, Tribal Secretary

Motion by Lisa Summers to approve the August 14, 2017, special GTC meeting materials, seconded by

Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

F. Enter E-Poll results into the record in accordance with OBC SOP entitled Conducting

Electronic Voting:

Sponsor:

Lisa Summers, Tribal Secretary

1. Approved memorandum to cancel the June 20, 2017, special GTC meeting; and direct

the Tribal Secretary to combine agenda items to a later date with the Employment law

and Re-organization proposal

Requestor:

Brandon Stevens, Councilman

Motion by Lisa Summers to enter the E-Poll results into the record for the approved memorandum to

cancel the June 20, 2017, special GTC meeting; and to direct the Tribal Secretary to combine agenda

items to a later date with the Employment law and Re-organization proposal, seconded by Jennifer

Webster. Motion not formally voted on: (3:48:52)

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

Motion by Lisa Summers to recess for ten minutes, seconded by Jennifer Webster. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, David Jordan, Trish King, Brandon Stevens

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Meeting called to order by Chairwoman Danforth at 12:48 p.m.

Vice-Chairwoman Melinda J. Danforth, Councilman David Jordan, Treasurer Trish King, and Councilman

Brandon Stevens not present.

Councilman David Jordan returns at 12:53 p.m.

2. Approved correspondence which directs the Oneida Law Office to file a request with

the Judiciary to provide Declaratory, Injunctive, or Other Relief regarding requirement

to properly notice special GTC meeting materials for the identified June 28, 2017, date

Requestor:

Lisa Summers, Tribal Secretary (4:02:26)

Motion by Lisa Summers to enter the E-Poll results into the record for the approved correspondence

which directs the Oneida Law Office to file a request with the Judiciary to provide Declaratory, Injunctive,

or Other Relief regarding requirement to properly notice special GTC meeting materials for the identified

June 28, 2017, date, seconded by Tehassi Hill. Motion carried with one abstention:

Ayes:

Fawn Billie, Tehassi Hill, Lisa Summers, Jennifer Webster

Abstained:

David Jordan

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

For the record:

Chairwoman Tina Danforth stated this is another example of where eight

individuals acted without consulting with myself as the Chair.

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

3. Failed request to approve scheduling a special GTC meeting on October 22, 2017

Requestor:

Lisa Summers, Tribal Secretary (4:08:58)

Motion by Lisa Summers to enter the E-Poll results into the record for the failed request to approve

scheduling a special GTC meeting on October 22, 2017, seconded by Tehassi Hill. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer the remaining agenda items to the July 12, 2017, regular Business Committee

meeting, seconded by Tehassi Hill. Motion carried unanimously.

4. Approved correspondence to be sent out organization-wide regarding request made

by Chairwoman Danforth which indicates her calling a special GTC meeting on June

28, 2017 (4:09:40)

Requestors:

Melinda J. Danforth, Tribal Vice-Chairwoman; Trish King, Tribal

Treasurer; Lisa Summers, Tribal Secretary; Fawn Billie, Councilwoman;

Tehassi Hill, Councilman; David Jordan, Councilman; Brandon Stevens,

Councilman; Jennifer Webster, Councilwoman

Motion by Lisa Summers to enter the E-Poll results into the record for the approved correspondence to be

sent out organization-wide regarding request made by Chairwoman Danforth which indicates her calling a

special GTC meeting on June 28, 201, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

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XIII. EXECUTIVE SESSION

A. REPORTS

1. Accept Chief Counsel report – Jo Anne House, Chief Counsel (4:10:30)

Motion by Lisa Summers to accept the Chief Counsel report dated July 11, 2017, seconded by Fawn

Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

B. STANDING ITEMS

1. Land Claims Strategy (No Requested Action)

C. AUDIT COMMITTEE (No Requested Action)

D. UNFINISHED BUSINESS

1. Defer report regarding contract # 2017-0088 to July 26, 2017, regular Business

Committee meeting (4:11:09)

Sponsors: Lisa Summers, Tribal Secretary; Jennifer Webster, Councilwoman

Motion by Lisa Summers to defer the report regarding contract # 2017-0088 to July 26, 2017, regular

Business Committee meeting, seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM APRIL 26, 2017: Motion by Fawn Billie to defer the report regarding

contract # 2017-0088 for sixty (60) days, seconded by Brandon Stevens. Motion carried

unanimously.

EXCERPT FROM FEBRUARY 8, 2017: Motion by Lisa Summers to direct Liaisons

Councilwoman Jennifer Webster and Secretary Lisa Summers to work with the Law Office on

a contract item that was brought forward; and to bring back a report to the Business

Committee within sixty (60) days, seconded by Trish King. Motion carried unanimously.

2. Determine next steps regarding non-gaming employee incentive proposal for FY18

Sponsor:

Geraldine Danforth, Area Manager/Human Resources Dept. (4:11:41)

Motion by Lisa Summers to accept the recommendations provided by the Human Resources Manager in

the memorandum dated July 11, 2017, titled Employee Incentive FY18, seconded by Tehassi Hill. Motion

carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer this item to the July 12, 2017, regular Business Committee meeting, seconded by

Jennifer Webster. Motion carried unanimously.

EXCERPT FROM MAY 24, 2017: (1) Motion by Lisa Summers to accept the Gaming request

for the employment reinvestment strategy for Fiscal Year 2018 to include items 1, 2, and 3

with the agreed upon modifications, noting a final adjustment may be needed as the budget

process for the 2018 proceeds, seconded by Tehassi Hill. Motion carried unanimously. (2)

Motion by Fawn Billie for the Human Resources Department to bring back an employee

incentive proposal for the non-gaming entities for inclusion in the Fiscal Year 2018 budget,

seconded by Lisa Summers. Motion carried unanimously.

Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017

Page 13 of 15

Public Packet

Page 30

DRAFT

3. Review recommendation; and agree on final decision regarding complaints # 2017DR08-01, # 2017-DR08-02, and # 2017-DR08-03 (4:18:16)

Sponsors: David Jordan, Councilman; Brandon Stevens, Councilman; Jennifer Webster,

Councilwoman

Motion by Lisa Summers to defer this item to the July 26, 2017, regular Business Committee meeting for

the team to do the additional follow-up that was identified, seconded by Jennifer Webster. Motion carried

with one abstention:

Ayes:

Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Abstained:

Fawn Billie

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

EXCERPT FROM JULY 3, 2017: (Reconvened from June 28, 2017) Motion by Lisa Summers

to defer this item to the July 12, 2017, regular Business Committee meeting, seconded by

Jennifer Webster. Motion carried unanimously.

E. NEW BUSINESS

1. Discussion regarding complaint # 2017-CC-05 (4:19:22)

Sponsor:

David Jordan, Councilman

Motion by Lisa Summers to defer this item to the July 25, 2017, Oneida Business Committee executive

session agenda for a 9:00 a.m. start time, seconded by David Jordan. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

2. Review community concern # 2017-CC-10 and determine next steps (4:20:15)

Sponsor:

Tina Danforth, Tribal Chairwoman

Motion by Lisa Summers to support the Chairwoman’s request for a response from the Division Director

on the identified issue to indicate how and/or if the matter has been addressed with a time frame

included, seconded by Tehassi Hill. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

3. Review complaint # 2017-DR11-01 (4:20:51)

Sponsor:

Melinda J. Danforth, Tribal Vice-Chairwoman

Motion by Jennifer Webster to defer this item to the Oneida Business Committee Officers for follow up

with the Comprehensive Health Operations Division Director; and for a report to be brought back to the

July 26, 2017, regular Business Committee meeting, seconded by Fawn Billie. Motion carried

unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017

Page 14 of 15

Public Packet

Page 31

DRAFT

XIV. ADJOURN

Motion by Lisa Summers to adjourn at 1:06 p.m., seconded by Fawn Billie. Motion carried unanimously:

Ayes:

Fawn Billie, Tehassi Hill, David Jordan, Lisa Summers, Jennifer Webster

Not Present:

Melinda J. Danforth, Trish King, Brandon Stevens

Minutes prepared by Heather Heuer, Information Management Specialist

Minutes approved as presented on ___________.

_________________________________

Lisa Summers, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee Regular Meeting Minutes DRAFT of July 12, 2017

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Oneida Business Committee Agenda Request

1. Meeting Date Requested:

7

/ 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Consider adoption of amendments to the Well Abandonment Law

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption packet

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

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BC Resolution _____________

Well Abandonment Law Amendments

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3

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5

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

6

7

WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;

and

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9

10

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

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12

13

WHEREAS, the Oneida Business Committee originally adopted the Well Abandonment Law

through resolution BC-09-12-12-B and thereafter amended it through resolution

BC-08-31-94-A; and

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15

16

17

WHEREAS, the Amendments to the Law transfer the Environment Resource Board’s original

hearing body authority and responsibilities to the Oneida Judiciary as part of an

effort to standardize and streamline all of the Nation’s hearing responsibilities;

and

18

19

WHEREAS, a public meeting on the proposed Amendments was held on June 15, 2017 in

accordance with the Legislative Procedures Act; and

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21

NOW THEREFORE BE IT RESOLVED, that the Well Abandonment Law Amendments

are hereby adopted and shall become effective on October 1, 2017.

22

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Well Abandonment Law Amendments

Summary

This Resolution adopts Amendments to the Well Abandonment Law Amendments (the “Law”)

which transfer the Environmental Resource Board’s original hearing body authority to the

Oneida Judiciary.

Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office

Analysis by the Legislative Reference Office

As stated above, these amendments will transfer the delegation of original hearing body authority

from the Environmental Resource Board to the Oneida Judiciary. Such a transfer would

implicate the Judiciary law and the Environmental Resource Board’s by-laws.

The transfer of hearing body authority would fit into the Oneida Judiciary’s subject matter

jurisdiction according to the Judiciary law based on section 801.5-2, which provides that, “The

Trial Court shall have subject matter jurisdiction over cases and controversies arising under the

following… (a) Tribal laws which specifically authorize the Trial Court to exercise jurisdiction…”

Judiciary, 8 O.C. 801 § 801.5-2. These amendments to the Law specifically authorize the Trial

Court to exercise jurisdiction based on section 406.7-4. Contested Action Hearings, which reads as

follows:

All citations, penalties, forfeitures, 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. …

(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to

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

Court of Appeals in accordance with the Rules of Appellate Procedure. …

The Environmental Resource Board’s by-laws provide the Board’s duties and responsibilities,

among other things. Adoption of this law conflicts with the Board’s by-laws and the by-laws

recognize the Environmental Resource Board’s original hearing body authority in section 1-4.b.,

which reads as follows: “The ERB shall serve as the original hearing body in matters concerning

environmental and conservation laws and ordinances promulgated by the Oneida Tribe.”

Accordingly, if this resolution is adopted, the Environmental Resource Board’s by-laws would need

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to be amended to remove the original hearing body authority from the Board’s duties and

responsibilities.

A public meeting was held for these Amendments on June 15, 2017 for which the public

comment period expired on June 22, 2017 in accordance with the Legislative Procedures Act.

There were not any oral or written comments submitted.

Conclusion

Adoption of this Resolution would require the Environmental Resource Board’s by-laws to be

amended to remove the original hearing body authority from the Board’s duties and responsibilities.

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Analysis to OBC Consideration Drafts

2017 07 28

Hearing Authority Transfer

Legislative Analysis

SECTION 1. BACKGROUND

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

SPONSOR:

Tehassi Hill

To further utilize the Judiciary.

DRAFTER:

Krystal L. John

ANALYST:

Candice E. Skenandore

To transfer the Environmental Resource Board (ERB) hearing authority to the

Judiciary.

Trial Court, ERB

Hunting, Fishing and Trapping law, Public Use of Tribal Land, Tribal

Environmental Response, Well Abandonment Law, All-Terrain Vehicle Law,

Water Resources Ordinance

ERB will no longer hold hearings; hearing will now be conducted by the Trial

Court in accordance with the Rules of Civil Procedure.

A public meeting was held on June 15, 2017.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

SECTION 2. LEGISLATIVE DEVELOPMENT

25

SECTION 3. CONSULTATION

A. Since 1985, ERB served as the hearing body authority over the Nation’s environmental regulations.

On May 2, 1990, the Oneida Business Committee established the Oneida Tribal Judicial System (aka

Oneida Appeals Commission) and General Tribal Council reauthorized the Oneida Tribal Judicial

System on August 19, 1991 [See BC Resolution 05-02-90 and GTC Resolution 8-19-91-A]. The

purpose of the Oneida Appeals Commission was to enhance and protect self-governance and

sovereignty as well as enhance the separation of powers between the legislative, executive and

juridical responsibilities of the Nation. The Oneida Appeals Commission removed the Oneida

Business Committee from initial judicial decisions [See GTC Resolution 8-19-91-A].

B. In 2013, the General Tribal Council changed the structure of the Oneida Tribal Judicial System by

creating an Oneida Judiciary comprised of the Tribal Court and a Court of Appeals through the

adoption of the Judiciary law. The purpose of the Judiciary is to grant the Trial Court and Court of

Appeals expanded subject matter jurisdiction and create a greater role for the use of mediation and/or

peacemaking [See GTC Resolution 01-07-13-B].

C. These proposed amendments will transfer hearing authority from ERB to the Trial Court. The

following laws are amended to reflect the transfer of hearing authority:

 Hunting, Fishing and Trapping law (HTF)

 Public Use of Tribal Land (Public Use)

 Tribal Environmental Response (TERP)

 Well Abandonment Law (Well Abandonment)

 All-Terrain Vehicle Law (ATV)

 Water Resources Ordinance (Water Resources)

 On-Site Waste Disposal Ordinance (Waste Disposal)

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Analysis to OBC Consideration Drafts

2017 07 28

26

27

A. ERB and the Trial Court have been consulted in the development of this legislative analysis.

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

SECTION 4. PROCESS

43

44

45

SECTION 5. CONTENTS OF THE LEGISLATION

A. These Laws have followed the process set forth in the Legislative Procedures Act (LPA) except that

the public meeting was not properly noticed to all managers or directors. The LPA requires the public

meeting notice, legislation, legislative analysis and fiscal impact statement, if fiscal impact statement is

available, to be electronically provided to all managers or directors a minimum of ten business days

before a public meeting is held [See Legislative Procedures Act, 1 O.C. 109.8-2 (b)]. The notice and

backup documents were provided electronically to all managers or directors on Tuesday, June 13, 2017;

the public meeting was held Thursday, June 15, 2017. The public meeting was properly noticed in the

Kalihwisaks and was made public on the Oneida Register at least ten business days prior to the public

meeting as required by the LPA [See Legislative Procedures Act, 1 O.C. 8-2 (a & b)]. The LOC

extended the public comment period for these laws for an additional five business days, ending on

Thursday, June 29, 2017.

B. A work meeting with ERB was held on Wednesday, May 17, 2017 and a work meeting with ERB and

the Judiciary was held on Monday, June 12, 2017.

A. The identified laws in Section 2.C of this analysis have been amended to state that the Trial Court is

the entity authorized to conduct hearings.

46

47

48

49

50

51

52

53

54

SECTION 6. INTENT

55

56

57

SECTION 7. EFFECT ON EXISTING LEGISLATION

58

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60

61

62

63

SECTION 8. OTHER CONSIDERATIONS

A. The intent of these amendments is to further utilize the Oneida Judiciary. The LOC has already

decided to transfer hearing authority from identified entities to the Judiciary. The majority of the

Oneida Land Commission’s and some of the Trust Enrollments Committee’s hearing authority has

already transferred to the Judiciary. Because the LOC is currently working on amendments the

Domestic Animals law in which ERB has hearing authority, it was decided to amend all laws which

grant ERB hearing authority and transfer that authority to the Judiciary.

A. These amendments do not conflict with other laws or policies of the Nation.

A. The following table shows the type and approximate number of hearings ERB has held since 2012.

Included are hearings that pertain to Domestic Animals violations; however, the Domestic Animal

amendments are being processed separately in order to make further revisions. In total, ERB has held

approximately 69 hearings since 2012.

Page 2 of 3

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Analysis to OBC Consideration Drafts

2017 07 28

64

Waste Public

Water

Well

Domestic

TERP

TOTAL

Disposal

Use

Resources Abandonment Animal

2012

0

1

0

0

0

0

0

1

2

2013

0

5

0

0

0

0

0

0

5

2014

0

14

0

0

0

0

0

3

17

2015

0

0

0

1

0

0

0

6

7

2016

0

11

0

2

0

0

0

19

32

2017

0

2

0

0

0

0

0

4

6

TOTAL

0

33

0

3

0

0

0

33

69

B. Minor changes, including formatting, have been made to these laws to comply with drafting style.

These changes do not affect the content of these laws.

C. Please refer to the fiscal impact statement for any financial impacts.

ATV HFT

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

SECTION 9. ADDITIONAL AMENDMENTS

A. Hunting, Fishing, and Trapping law (Law). In additions to the amendments which transfer ERB’s

hearing authority to the Judiciary, additional amendments were made to the Hunting, Fishing, and

Trapping law. These amendments include revising section 406.4-3 which states that this Law does

not negate the jurisdiction of the State of Wisconsin in instances that involve non-member Indians

and non-Indians. This means that non-member Indians and non-Indians hunting, fishing and trapping

on land owned by the Nation must adhere to the Nation’s license, permit and tag requirements but

may also be subject to State requirements. In addition, license and permit holders cannot utilize

hunting, fishing, or trapping privileges within the Reservation using a State license that would

provide greater privileges than those afforded in this Law and any applicable rules [See Hunting,

Fishing and Trapping, 4 O.C. 406.4-3].

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FINANCE ADMINISTRATION

Fiscal Impact Statement

MEMORANDUM

DATE:

June 7, 2017

FROM:

Rae Skenandore, Project Manager

TO:

Larry Barton, Chief Financial Officer

Ralinda Ninham-Lamberies, Assistant Chief Financial Officer

RE:

Fiscal Impact of the transfer of the Environmental Resource Board’s

Hearing Authority to the Oneida Judiciary

I.

Estimated Fiscal Impact Summary

Law: Domestic Animal

Draft 19

Hunting, Fishing and Trapping law (HTF)

Draft 2

Public Use of Tribal Land (Public Use)

Draft 1

Tribal Environmental Response (TERP)

Draft 1

Well Abandonment Law (Well Abandonment)

Draft 1

All-Terrain Vehicle Law (ATV)

Draft 1

Water Resources Ordinance (Water Resources)

Draft 1

On-Site Waste Disposal Ordinance (Waste Disposal)

Draft 1

Oneida Police Department (OPD)

Conservation

Environmental Resource Board (ERB)

Emergency Management

Implementing Agency

Environmental Health and Safety Division

Comprehensive Health Division

Oneida Judiciary

January 1, 2018

Estimated time to comply

Estimated Impact

Current Fiscal Year

10 Year Estimate

ERB stipend savings $830

$8,300

Total Estimated Savings $830

$8,300

Revenue and cost considerations Fee Schedules should be removed from the various Laws

Uncertainties and Unknowns None

1

Public Packet

II.

Page 55

Background

A.

Legislative History

The Oneida Business Committee created the Environmental Resource Board

through Resolution BC-02-22-85-B. GTC Resolution 01-07-13-B established the

Oneida Judiciary.

B.

Summary of Content

1.

The Domestic Animal amendments are being processed separately in

order to make further revisions. However, it is included here because there are no

additional fiscal impacts due to the amendments.

2.

All Laws are being amended to state that the Trial Court is the entity

authorized to conduct hearings.

3.

Other minor changes, including formatting, have been made to these Laws

to comply with drafting style. These changes do not affect the content of these

Laws.

C.

Methodology and Assumptions

1.

A “Fiscal Impact Statement” means an estimate of the total identifiable

fiscal year financial effects associated with legislation and includes startup costs,

personnel, office, documentation costs, as well as an estimate of the amount of

time necessary for an agency to comply with the Law after implementation.

2.

Finance does NOT identify the source of funding for the estimated cost or

allocate any funds to the legislation.

3.

The analysis was completed based on the information provided as of the

date of this memo.

III.

Agency

The hearing authority will simply be transferred from ERB to the Judiciary. Historical

hearing stipends paid to the Board were $750 in 2017, $1,200 in 2016, and $700 in 2015.

Transferring the hearing authority to the Judiciary would result in an average savings of

approximately $830 annually. The Judiciary does not anticipate any additional costs as

this will simply be absorbed into their existing duties. ERB has stated that they expect

the transition of the hearing authority to be complete by January 1, 2018

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Page 56

IV.

Financial Impact

Approximately $830 savings annually.

V.

Recommendation

Finance does not make a recommendation in regards to course of action in this matter.

Rather, it is the purpose of this report to disclose potential financial impact of an action,

so that the Oneida Business Committee and General Tribal Council has the information

with which to render a decision.

Public Packet

Page 57

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

7

/ 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Consider the adoption of amendments to the Tribal Environmental Response Law

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption packet

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

Page 1 of 2

Unbudgeted

Public Packet

Page 58

Public Packet

Page 59

BC Resolution _____________

Tribal Environmental Response Law Amendments

1

2

3

4

5

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

6

7

WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;

and

8

9

10

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

11

12

13

WHEREAS, the Oneida Business Committee originally adopted the Tribal Environmental

Response Law through resolution BC-09-12-12-B and thereafter amended it

through resolution BC-02-25-15-C; and

14

15

16

17

WHEREAS, the Amendments to the Law transfer the Environment Resource Board’s original

hearing body authority and responsibilities to the Oneida Judiciary as part of an

effort to standardize and streamline all of the Nation’s hearing responsibilities;

and

18

19

WHEREAS, a public meeting on the proposed Amendments was held on June 15, 2017 in

accordance with the Legislative Procedures Act; and

20

21

NOW THEREFORE BE IT RESOLVED, that the Tribal Environmental Response Law

Amendments are hereby adopted and shall become effective on October 1, 2017.

22

Public Packet

Page 60

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

Tribal Environmental Response Law Amendments

Summary

This Resolution adopts Amendments to the Tribal Environmental Response Law Amendments

(the “Law”) which transfer the Environmental Resource Board’s original hearing body authority

to the Oneida Judiciary.

Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office

Analysis by the Legislative Reference Office

As stated above, these amendments will transfer the delegation of original hearing body authority

from the Environmental Resource Board to the Oneida Judiciary. Such a transfer would

implicate the Judiciary law and the Environmental Resource Board’s by-laws.

The transfer of hearing body authority would fit into the Oneida Judiciary’s subject matter

jurisdiction according to the Judiciary law based on section 801.5-2, which provides that, “The

Trial Court shall have subject matter jurisdiction over cases and controversies arising under the

following… (a) Tribal laws which specifically authorize the Trial Court to exercise jurisdiction…”

Judiciary, 8 O.C. 801 § 801.5-2. These amendments to the Law specifically authorize the Trial

Court to exercise jurisdiction based on section 401.10-3. Contested Action Hearings, which reads as

follows:

All citations, penalties, orders and declarations issued pursuant to this law shall include a prehearing 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. …

(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to

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

Court of Appeals in accordance with the Rules of Appellate Procedure. …

The Environmental Resource Board’s by-laws provide the Board’s duties and responsibilities,

among other things. Adoption of this law conflicts with the Board’s by-laws and the by-laws

recognize the Environmental Resource Board’s original hearing body authority in section 1-4.b.,

which reads as follows: “The ERB shall serve as the original hearing body in matters concerning

environmental and conservation laws and ordinances promulgated by the Oneida Tribe.”

Accordingly, if this resolution is adopted, the Environmental Resource Board’s by-laws would need

Page 1 of 2

Public Packet

Page 61

to be amended to remove the original hearing body authority from the Board’s duties and

responsibilities.

A public meeting was held for these Amendments on June 15, 2017 for which the public

comment period expired on June 22, 2017 in accordance with the Legislative Procedures Act.

There were not any oral or written comments submitted.

Conclusion

Adoption of this Resolution would require the Environmental Resource Board’s by-laws to be

amended to remove the original hearing body authority from the Board’s duties and responsibilities.

Page 2 of 2

Public Packet

Page 62

Analysis to OBC Consideration Drafts

2017 07 28

Hearing Authority Transfer

Legislative Analysis

SECTION 1. BACKGROUND

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

SPONSOR:

Tehassi Hill

To further utilize the Judiciary.

DRAFTER:

Krystal L. John

ANALYST:

Candice E. Skenandore

To transfer the Environmental Resource Board (ERB) hearing authority to the

Judiciary.

Trial Court, ERB

Hunting, Fishing and Trapping law, Public Use of Tribal Land, Tribal

Environmental Response, Well Abandonment Law, All-Terrain Vehicle Law,

Water Resources Ordinance

ERB will no longer hold hearings; hearing will now be conducted by the Trial

Court in accordance with the Rules of Civil Procedure.

A public meeting was held on June 15, 2017.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

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18

19

20

21

22

23

24

SECTION 2. LEGISLATIVE DEVELOPMENT

25

SECTION 3. CONSULTATION

A. Since 1985, ERB served as the hearing body authority over the Nation’s environmental regulations.

On May 2, 1990, the Oneida Business Committee established the Oneida Tribal Judicial System (aka

Oneida Appeals Commission) and General Tribal Council reauthorized the Oneida Tribal Judicial

System on August 19, 1991 [See BC Resolution 05-02-90 and GTC Resolution 8-19-91-A]. The

purpose of the Oneida Appeals Commission was to enhance and protect self-governance and

sovereignty as well as enhance the separation of powers between the legislative, executive and

juridical responsibilities of the Nation. The Oneida Appeals Commission removed the Oneida

Business Committee from initial judicial decisions [See GTC Resolution 8-19-91-A].

B. In 2013, the General Tribal Council changed the structure of the Oneida Tribal Judicial System by

creating an Oneida Judiciary comprised of the Tribal Court and a Court of Appeals through the

adoption of the Judiciary law. The purpose of the Judiciary is to grant the Trial Court and Court of

Appeals expanded subject matter jurisdiction and create a greater role for the use of mediation and/or

peacemaking [See GTC Resolution 01-07-13-B].

C. These proposed amendments will transfer hearing authority from ERB to the Trial Court. The

following laws are amended to reflect the transfer of hearing authority:

 Hunting, Fishing and Trapping law (HTF)

 Public Use of Tribal Land (Public Use)

 Tribal Environmental Response (TERP)

 Well Abandonment Law (Well Abandonment)

 All-Terrain Vehicle Law (ATV)

 Water Resources Ordinance (Water Resources)

 On-Site Waste Disposal Ordinance (Waste Disposal)

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A. ERB and the Trial Court have been consulted in the development of this legislative analysis.

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SECTION 4. PROCESS

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SECTION 5. CONTENTS OF THE LEGISLATION

A. These Laws have followed the process set forth in the Legislative Procedures Act (LPA) except that

the public meeting was not properly noticed to all managers or directors. The LPA requires the public

meeting notice, legislation, legislative analysis and fiscal impact statement, if fiscal impact statement is

available, to be electronically provided to all managers or directors a minimum of ten business days

before a public meeting is held [See Legislative Procedures Act, 1 O.C. 109.8-2 (b)]. The notice and

backup documents were provided electronically to all managers or directors on Tuesday, June 13, 2017;

the public meeting was held Thursday, June 15, 2017. The public meeting was properly noticed in the

Kalihwisaks and was made public on the Oneida Register at least ten business days prior to the public

meeting as required by the LPA [See Legislative Procedures Act, 1 O.C. 8-2 (a & b)]. The LOC

extended the public comment period for these laws for an additional five business days, ending on

Thursday, June 29, 2017.

B. A work meeting with ERB was held on Wednesday, May 17, 2017 and a work meeting with ERB and

the Judiciary was held on Monday, June 12, 2017.

A. The identified laws in Section 2.C of this analysis have been amended to state that the Trial Court is

the entity authorized to conduct hearings.

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SECTION 6. INTENT

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SECTION 7. EFFECT ON EXISTING LEGISLATION

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SECTION 8. OTHER CONSIDERATIONS

A. The intent of these amendments is to further utilize the Oneida Judiciary. The LOC has already

decided to transfer hearing authority from identified entities to the Judiciary. The majority of the

Oneida Land Commission’s and some of the Trust Enrollments Committee’s hearing authority has

already transferred to the Judiciary. Because the LOC is currently working on amendments the

Domestic Animals law in which ERB has hearing authority, it was decided to amend all laws which

grant ERB hearing authority and transfer that authority to the Judiciary.

A. These amendments do not conflict with other laws or policies of the Nation.

A. The following table shows the type and approximate number of hearings ERB has held since 2012.

Included are hearings that pertain to Domestic Animals violations; however, the Domestic Animal

amendments are being processed separately in order to make further revisions. In total, ERB has held

approximately 69 hearings since 2012.

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Waste Public

Water

Well

Domestic

TERP

TOTAL

Disposal

Use

Resources Abandonment Animal

2012

0

1

0

0

0

0

0

1

2

2013

0

5

0

0

0

0

0

0

5

2014

0

14

0

0

0

0

0

3

17

2015

0

0

0

1

0

0

0

6

7

2016

0

11

0

2

0

0

0

19

32

2017

0

2

0

0

0

0

0

4

6

TOTAL

0

33

0

3

0

0

0

33

69

B. Minor changes, including formatting, have been made to these laws to comply with drafting style.

These changes do not affect the content of these laws.

C. Please refer to the fiscal impact statement for any financial impacts.

ATV HFT

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SECTION 9. ADDITIONAL AMENDMENTS

A. Hunting, Fishing, and Trapping law (Law). In additions to the amendments which transfer ERB’s

hearing authority to the Judiciary, additional amendments were made to the Hunting, Fishing, and

Trapping law. These amendments include revising section 406.4-3 which states that this Law does

not negate the jurisdiction of the State of Wisconsin in instances that involve non-member Indians

and non-Indians. This means that non-member Indians and non-Indians hunting, fishing and trapping

on land owned by the Nation must adhere to the Nation’s license, permit and tag requirements but

may also be subject to State requirements. In addition, license and permit holders cannot utilize

hunting, fishing, or trapping privileges within the Reservation using a State license that would

provide greater privileges than those afforded in this Law and any applicable rules [See Hunting,

Fishing and Trapping, 4 O.C. 406.4-3].

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Title 4. Environment and Natural Resources—Chapter 401

TRIBAL ENVIRONMENTAL RESPONSE

Latihw<tsyahal#=tu kayanl^hsla>

They clean up the earth laws

401.1. Purpose and Policy

401.2. Adoption, Amendment, Conflicts

401.3. Definitions

401.4. Jurisdiction

401.5. Tribal Environmental Response Program (TERP)

401.6. Environmental Quality Standards

401.7. Discharge of Hazardous Substances

401.8. Remedial Actions

401.9. Case Closure or No Further Action

401.10. Enforcement and Penalties

401.11. Appeals

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401.1.

Purpose and Policy

401.1-1. The purpose of this law is to:

(a) regulate the identification, investigation and remediation of discharges of hazardous

substances to the environment;

(b) identify sites where the discharge of a hazardous substance into the environment has

occurred; and

(c) eliminate contamination from and control the threat of, or actual discharge of

hazardous substances.

401.1-2. It is the policy of the Nation to:

(a) respond to discharges of hazardous substances and environmental contamination

concerns; and

(b) ensure remedial action is taken to redevelop contaminated lands and maintain the

health and welfare of the environment.

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401.2.

Adoption, Amendment, Conflicts

401.2-1. This law is adopted by the Oneida Business Committee by resolution BC-09-12-12-B

and amended by resolution BC-02-25-15-C.

401.2-2. This law may be amended pursuant to the procedures set out in Tribal law by the

Oneida Business Committee or the Oneida General Tribal Council.

401.2-3. 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.

401.2-4. 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. Provided that, nothing in this law is intended to

repeal or modify any existing law, policy, regulation, rule, resolution, or motion.

401.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

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401.3.

Definitions

401.3-1. 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) “All Appropriate Inquiries” means the process of evaluating a property’s

environmental conditions and assessing the likelihood of any contamination in

compliance with the All Appropriate Inquiries Final Rule at 40 CFR 312.

(b) “Contamination” or “contaminated” means the environment has been affected by a

hazardous substance to the point that remedial action is necessary to restore the

environment.

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(c) “Discharge” means, but is not limited to, spilling, leaking, pumping, pouring,

emitting, emptying, releasing or dumping.

(d) “Dispose” or “disposal” means the deposit, injection, or placing of any hazardous

substance in a manner which may permit the substance to be discharged to the

environment.

(e) “Free product” means a hazardous substance that is present in the environment as a

floating or sinking non-aqueous phase liquid.

(f) “Groundwater” means any water contained beneath the ground surface.

(g) “Hazardous substance” means any substance or combination of substances, including

any waste of a solid, semi-solid, liquid or gaseous form, which may cause or significantly

contribute to an increase in mortality or serious irreversible or incapacitating reversible

illness, or which may pose a substantial present or potential hazard to human health or the

environment because of its quantity, concentration or physical, chemical or infectious

characteristics. This term includes, but is not limited to:

(1) a substance defined in the Comprehensive Environmental Response,

Compensation and Liability Act of 1980, 42 USC §9601 as amended, as a

hazardous substance.

(2) those substances which are toxic, corrosive, flammable, irritants, strong

sensitizers or explosives.

(3) petroleum, including crude oil or any fraction thereof that is liquid at standard

conditions of temperature and pressure.

(h) “Immediate action” means a remedial action that is taken within a short period of

time after the discharge of a hazardous substance or contamination occurs, or after the

discovery of the discharge or contamination.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the Nation.

(k) “Operator” means any person who operates a site.

(l) “Owner” means any person who owns or who receives direct or indirect consideration

from the operation of a site regardless of whether the site remains in operation and

regardless of whether the person owns or receives consideration at the time

contamination occurs.

(m) “Person” means an individual, owner, operator, entity, corporation, partnership,

association, municipality, interstate agency, state agency or federal agency.

(n) “Practicable” means remedial action is capable of being implemented, taking into

account:

(1) The technical feasibility of the remedial action, considering its long-term

effectiveness, short-term effectiveness, implementability and the time it will take

until restoration is achieved; and

(2) The economic feasibility of the remedial action, considering the cost of the

remedial action compared to its technical feasibility.

(o) “Registered pesticide” means a pesticide registered or exempted by the federal

Environmental Protection Agency’s Office of Pesticide Programs.

(p) “Remedial action” means any action taken to control, minimize or eliminate the

discharge of a hazardous substance at or contamination of a site and any action taken to

restore the environment to the extent practicable.

(q) “Responsible party” means any person who, under this law, is required to:

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(1) take action to prevent or abate contamination, a threat of contamination, the

discharge of a hazardous substance or threat of a discharge; or

(2) reimburse a Tribal entity for the costs incurred by the entity to take action to

prevent or abate contamination or threat of contamination or the discharge of a

hazardous substance or threat of a discharge.

(r) “Restore” or “restoration” means to return the environment to its original condition

before the discharge of a hazardous substance or contamination of the site occurred.

(s) “Site” means any area where contamination has occurred or is suspected of occurring,

including a place of business that handles, transports or stores hazardous substances and

is required to track such materials.

(t) “Tribal entity” means a board, committee, commission, department, division, or

agency of the Nation.

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401.4.

Jurisdiction

401.4-1. Personal Jurisdiction. This law shall apply to:

(a) all Oneida Tribal members, Tribal entities, Tribal corporations and members of other

federally recognized tribes;

(b) individuals and businesses leasing, occupying or otherwise using Tribal fee land and

all Tribal trust lands; and

(c) individuals who have consented to the jurisdiction of the Nation or as otherwise

consistent with federal law. For purposes of this subsection, an individual shall have

consented to the jurisdiction of the Nation:

(1) By entering into a consensual relationship with the Nation, Tribal entities,

Tribal corporations, or Tribal members, including but not limited to contracts or

other agreements; or

(2) By other facts which manifest an intent to consent to the authority of the

Nation, including failure to raise an objection to the exercise of personal

jurisdiction in a timely manner.

401.4-2. Territorial Jurisdiction. This law extends to all land within the exterior boundaries of

the Reservation of the Nation, as established pursuant to the 1838 Treaty with the Oneida, 7 Stat.

566, any lands added thereto pursuant to federal law and all lands held in trust for the Nation

within the State of Wisconsin.

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401.5.

Tribal Environmental Response Program (TERP)

401.5-1. The Environmental Health and Safety Division (Division) shall create a Tribal

Environmental Response Program (TERP). The purpose of the TERP shall be to address the

discharge or potential discharge of a hazardous substance that has resulted in or may result in

contamination of the environment.

401.5-2. Under the TERP, the Division shall:

(a) provide opportunities for public participation for the identification, restoration and

reuse of contaminated sites.

(b) conduct and/or oversee assessments and investigations of sites with contamination

concerns.

(c) identify potentially responsible parties to clean up contaminated sites.

(d) require appropriate remedial action be taken when contaminated sites are identified

and develop a plan or ensure a plan is developed for the undertaking of those remedial

actions.

(e) oversee and enforce required remedial actions.

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(f) develop mechanisms for the approval, certification, and verification of remedial

actions taken at a site.

(g) maintain a public record of remedial actions conducted at a contaminated site.

401.5-3. Issuance of Administrative Orders. The Division shall issue administrative orders, as

necessary, when the discharge of a hazardous substance occurs, or when contamination, or the

threat of contamination, exists. Before issuing an administrative order, the Division shall consult

with other Tribal entities having expertise in the subject matter of the order. Administrative

orders may include:

(a) orders to prevent the discharge of a hazardous substance.

(b) orders to allow the investigation of a site it has reason to believe is contaminated or is

under threat of contamination.

(c) orders to require a responsible party to take action to prevent and/or abate

contamination.

401.5-4. Emergency Situations. Chapter 302 of the Oneida Code of Laws, Emergency

Management and Homeland Security, shall govern the response to the discharge of a hazardous

substance which results in the proclamation of an emergency.

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401.6.

Environmental Quality Standards

401.6-1. The Division shall adopt and revise, as necessary, standards for environmental quality

that are protective of public health and the environment, recognizing that different standards may

be required, depending on the designated uses of the land and groundwater.

401.6-2. Before adopting or revising environmental quality standards, the Division shall

publish notice in two (2) consecutive issues of the Kalihwisaks on the standards that are under

consideration for adoption or revision.

(a) The notice shall contain a deadline for comments to be received from any person.

(b) The Division shall review and consider comments received before approving the new

or revised standards.

401.6-3. Environmental quality standards adopted by the Division shall become effective upon

Oneida Business Committee approval, except those standards that are consistent with federal

standards shall be effective upon approval by the Division.

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401.7.

Discharge of Hazardous Substances

401.7-1. Notification of Discharge. Unless exempted from notifying the Division under 401.710, the following individuals shall notify the Division immediately of the discharge of a

hazardous substance or threat of such discharge:

(a) Any person who possesses or controls a hazardous substance which is discharged;

(b) Any person who causes the discharge of a hazardous substance; and

(c) Any person who has professional knowledge that the discharge of a hazardous

substance has occurred at a site, or there is a threat of such discharge.

401.7-2. Investigation of Discharge. When the Division is notified of or becomes aware of the

discharge of a hazardous substance, or threat of such discharge, it shall identify any responsible

parties and issue an administrative order for the responsible parties to have an investigation

conducted of the site. The Division may also issue an administrative order requiring the

responsible party take action to abate and/or prevent the discharge. The Division may specify

any necessary preventative measures or remedial actions in the administrative order.

401.7-3. Determination of Contamination. After being issued an administrative order for

an investigation, the responsible parties shall have an initial assessment conducted to

determine whether the discharge of a hazardous substance has occurred and whether any

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discharge has caused contamination. The initial assessment shall include sampling and/or

testing of the site where the discharge of a hazardous substance has occurred.

(a) Evidence that indicates contamination of a site has occurred, or may have

occurred includes, but is not limited to:

(1) visible soil contamination;

(2) presence of free product or vapors in soils, basements, sewers or utility

lines, surface water or groundwater; and

(3) reports, environmental assessments or routinely gathered monitoring data

that indicates contamination has occurred or may have occurred.

(b) Groundwater samples shall be collected for analysis and evaluation to determine

whether the groundwater poses any public health and welfare concerns.

(c) Whether contamination exists shall be based on the level of contamination as

compared to environmental quality standards adopted by the Nation.

401.7-4. The Division shall evaluate the harmfulness of the discharge of a hazardous substance

based on the initial assessment and shall:

(a) publish the results of the initial assessment, along with a notice that the Division will

accept comments on the results for at least thirty (30) days after the initial publication, in

two (2) consecutive issues of the Kalihwisaks; and

(b) mail the results of the initial assessment, along with a notice that the Division will

accept comments on the results for at least thirty (30) days after the initial publication of

the results in the Kalihwisaks, to all owners of property located within one thousand two

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

initial assessment.

401.7-5. The Division shall accept comments on the results of the initial assessment for at least

thirty (30) days after the initial publication of the results in the Kalihwisaks. The Division shall

compile, review and respond to all comments. Responses will be recorded and published in a

document available to the public.

401.7-6. A person who possesses or controls a hazardous substance which is discharged or

causes the contamination of a site shall take remedial action.

401.7-7. A person who voluntarily assumes responsibility for performance of, or payment of,

remedial actions in accordance with a plan that has been approved through the TERP, shall not

be subject to enforcement actions for the contamination if he or she complies with the plan.

401.7-8. Except as provided in 401.7-10, the following persons are responsible parties:

(a) The current owner and operator of the site;

(b) Any owner or operator of the site at the time the discharge or contamination occurred;

(c) Any person who arranged for the disposal or treatment of the hazardous substance, or

arranged for the transportation of the hazardous substance for disposal or treatment;

(d) Any person who transports the hazardous substance and selects the disposal site; and

(e) Any person who, by any act or omission, caused or contributed to the discharge or

contamination.

401.7-9. Exemptions. The following persons are not “responsible parties” under this law:

(a) Any person discharging in accordance with a permit or program approved under

federal or Tribal law.

(b) Law enforcement officers and members of a fire department using hazardous

substances in carrying out their responsibilities to protect public health, safety and

welfare. However, these individuals shall notify the Division of any discharges of a

hazardous substance occurring in the performance of their duties.

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(c) Any person applying a registered pesticide according to the label instructions, or

applying a fertilizer at or below normal and beneficial agronomic rates. These

individuals are also exempted from the notification and penalty requirements of this law.

(d) Any person who can establish that the discharge or threatened discharge of a

hazardous substance for which the person would be otherwise responsible was caused

solely by:

(1) An act of nature;

(2) An act of war; or

(3) An act or omission of a third party, including but not limited to a trespasser,

other than:

(A) An employee or agent of the person asserting the defense; or

(B) Any person whose act or omission occurs in connection with a

contractual relationship existing, directly or indirectly, with the person

asserting the defense.

(e) Any person who is an owner, past owner, or purchaser of property and who can

establish by a preponderance of the evidence that at the time the property was acquired

by the person, the person had no knowledge or reason to know that the property was

contaminated, or that a hazardous substance was discharged or disposed of on, in or at the

property.

(1) To establish that a person had no reason to know what the person was

undertaking at the time of acquisition, All Appropriate Inquiries shall be taken

into the previous ownership and uses of the property.

(f) Any person who purchases property after January 11, 2002 with knowledge that it is

contaminated if:

(1) the person did not cause the contamination on the property;

(2) the person establishes that all disposal of hazardous substances occurred

before the person acquired the property;

(3) the person makes All Appropriate Inquiries into previous ownership and uses

of the property prior to acquiring the property; and

(4) the person is not affiliated with a party liable for any contamination.

401.7-10. Where there is an unresponsive or unknown responsible party, the Division may refer

the site to the appropriate outside agency to retain contractors or consultants, and take other

necessary actions to conduct remedial action or have remedial action conducted at a site.

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401.8.

Remedial Actions

401.8-1. A responsible party shall take immediate action to halt the discharge of a hazardous

substance and to minimize the harmful effects of the discharge.

401.8-2. If, after the initial assessment, it is determined that the discharge may cause

contamination or has caused contamination, the Division shall issue an administrative order to

the responsible party or parties to take remedial action or have remedial action conducted on the

site.

401.8-3. The Division shall determine the appropriate remedial actions, including the time

frame, to be taken in the event a site is contaminated. Remedial actions may include:

(a) the replacement and/or removal of injured plant and animal life or contaminated soil.

(b) the treatment of contaminated soils and/or surface and/or groundwater.

(c) adequate storage, handling and disposal methods to prevent further and/or future

discharges and contamination from occurring.

(d) the replacement or repair of faulty equipment.

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(e) other remedial actions that restore the environment and/or protect the environment

from the contamination, as determined by the Division.

401.8-4. Where it is determined by the Division that immediate remedial action is not being

taken, but is necessary to protect the public health, safety or welfare or the environment, the

Division may conduct remedial action or have remedial action conducted. Costs of any such

action may be recovered from any or all responsible parties.

401.8-5. In addition to the requirements of this law, the Division shall comply with all

applicable federal laws when the discharge or threat of a discharge of a hazardous substance

occurs.

401.8-6. Each responsible party is strictly liable, jointly and severally, for all remedial action

costs and for all damages resulting from the discharge or threatened discharge of a hazardous

substance.

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401.9.

Case Closure or No Further Action

401.9-1. The Division may close a case concerning a site or verify that no further action is

necessary, upon compliance with the applicable requirements of this law and any administrative

orders issued by the Division, including the completion of remedial actions. The Division shall

conduct investigations and inspections to ensure compliance with any administrative order it has

issued.

401.9-2. Sampling shall be conducted at the completion of the remedial action when:

(a) The hazardous substance discharge is in contact with groundwater.

(b) The amount, identity or duration of the contamination is unknown.

(c) Other site conditions indicate that sampling is necessary to confirm the adequacy of

the remedial action.

401.9-3. The Division may require additional remedial actions, including monitoring, for any

site, even those cases that have been closed by the Division, if information regarding site

conditions indicates that contamination on or from the site poses a threat to public health, safety

or welfare or the environment.

401.9-4. If additional remedial action is required for a previously closed case, the Division:

(a) Shall indicate in writing to the responsible parties that additional remedial action is

needed at the site and provide the responsible parties with information regarding the

nature of the problem and type of remedial action that is needed.

(b) May require the responsible parties to achieve compliance with the Nation’s public

health and environmental laws, within a time period established by the Division.

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401.10. Violations, Enforcement and Appeals

401.10-1. Compliance Orders. If, after issuing an administrative order, the Division determines

that a violation of the administrative order exists, it shall issue a compliance order which requires

the responsible parties to:

(a) Take remedial action to prevent or abate the discharge of a hazardous substance;

and/or

(b) Allow the investigation of a site believed to be contaminated or under threat of

contamination.

401.10-2. Penalty Schedule. The Environmental Resource Board is delegated rulemaking

authority to adopt a penalty schedule, upon recommendation of the Division, for violations of

this law. Any person who does not comply with a compliance order issued by the Division may

receive a penalty in accordance with the fine schedule. A separate offense shall be deemed

committed on each day during or on which a violation occurs or continues.

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

enforced by the Division at the Owner’s expense.

(b) Any person who is a lessee of the Nation who violates any provision of this law or

any compliance order issued by the Division shall have said case referred to the Division

of Land Management to consider potential lease violations.

401.10-3. Contested Action Hearings. All citations, penalties, 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 fines at the

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

one (1) hour per ten dollars ($10.00) of the fine.

(b) Allocation of Citation Revenue. All fines and penalties issued by citations are

payable to the Environmental Resource Board or its designee, the proceeds of which the

Environmental Resource Board shall contribute to the Nation’s general fund.

(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to contest

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

the Judiciary’s Court of Appeals 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 process contained in the Garnishment law and/or by attaching a Tribal

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

End.

Adopted – BC-09-12-12-B

Amended – BC-02-25-15-C

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Title 4. Environment and Natural Resources—Chapter 401

TRIBAL ENVIRONMENTAL RESPONSE

Latihw<tsyahal#=tu kayanl^hsla>

They clean up the earth laws

401.1. Purpose and Policy

401.2. Adoption, Amendment, Conflicts

401.3. Definitions

401.4. Jurisdiction

401.5. Tribal Environmental Response Program (TERP)

401.6. Environmental Quality Standards

401.7. Discharge of Hazardous Substances

401.8. Remedial Actions

401.9. Case Closure or No Further Action

401.10. Enforcement and Penalties

401.11. Appeals

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401.1.

Purpose and Policy

401.1-1. The purpose of this law is to:

(a)

regulate the identification, investigation and remediation of discharges of

hazardous substances to the environment;

(b) identify sites where the discharge of a hazardous substance into the environment has

occurred; and

(c) eliminate contamination from and control the threat of, or actual discharge of

hazardous substances.

401.1-2. It is the policy of the TribeNation to:

(a) respond to discharges of hazardous substances and environmental contamination

concerns; and

(b) ensure remedial action is taken to redevelop contaminated lands and maintain the

health and welfare of the environment.

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401.2.

Adoption, Amendment, Conflicts

401.2-1. This law is adopted by the Oneida Business Committee by resolution BC-09-12-12-B

and amended by resolution BC-02-25-15-C.

401.2-2. This law may be amended pursuant to the procedures set out in Tribal law by the

Oneida Business Committee or the Oneida General Tribal Council.

401.2-3. 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.

401.2-4. 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. Provided that, nothing in this law is intended to

repeal or modify any existing law, policy, regulation, rule, resolution, or motion.

401.2-5. This law is adopted under authority of the Constitution of the Oneida Tribe of Indians

of WisconsinNation.

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401.3.

Definitions

401.3-1. 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)

“All Appropriate Inquiries” means the process of evaluating a property’s

environmental conditions and assessing the likelihood of any contamination in

compliance with the All Appropriate Inquiries Final Rule at 40 CFR 312.

(b)

“Contamination” or “contaminated” means the environment has been affected by

a hazardous substance to the point that remedial action is necessary to restore the

environment.

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(c)

“Discharge” means, but is not limited to, spilling, leaking, pumping, pouring,

emitting, emptying, releasing or dumping.

(d)

“Dispose” or “disposal” means the deposit, injection, or placing of any hazardous

substance in a manner which may permit the substance to be discharged to the

environment.

(e)

“Free product” means a hazardous substance that is present in the environment as

a floating or sinking non-aqueous phase liquid.

(f) “Groundwater” means any water contained beneath the ground surface.

(g)

“Hazardous substance” means any substance or combination of substances,

including any waste of a solid, semi-solid, liquid or gaseous form, which may cause or

significantly contribute to an increase in mortality or serious irreversible or incapacitating

reversible illness, or which may pose a substantial present or potential hazard to human

health or the environment because of its quantity, concentration or physical, chemical or

infectious characteristics. This term includes, but is not limited to:

(1)

a substance defined in the Comprehensive Environmental Response,

Compensation and Liability Act of 1980, 42 USC §9601 as amended, as a

hazardous substance.

(2)

those substances which are toxic, corrosive, flammable, irritants, strong

sensitizers or explosives.

(3)

petroleum, including crude oil or any fraction thereof that is liquid at

standard conditions of temperature and pressure.

(h)

“Immediate action” means a remedial action that is taken within a short period of

time after the discharge of a hazardous substance or contamination occurs, or after the

discovery of the discharge or contamination.

(j) “Judiciary” means the judicial system that was established by Oneida General Tribal

Council resolution GTC-01-07-13-B to administer the judicial authorities and

responsibilities of the TribeNation.

(k)

“Operator” means any person who operates a site.

(l) “Owner” means any person who owns or who receives direct or indirect consideration

from the operation of a site regardless of whether the site remains in operation and

regardless of whether the person owns or receives consideration at the time

contamination occurs.

(m)

“Person” means an individual, owner, operator, entity, corporation, partnership,

association, municipality, interstate agency, state agency or federal agency.

(n)

“Practicable” means remedial action is capable of being implemented, taking into

account:

(1)

The technical feasibility of the remedial action, considering its long-term

effectiveness, short-term effectiveness, implementability and the time it will take

until restoration is achieved; and

(2)

The economic feasibility of the remedial action, considering the cost of the

remedial action compared to its technical feasibility.

(o)

“Registered pesticide” means a pesticide registered or exempted by the federal

Environmental Protection Agency’s Office of Pesticide Programs.

(p)

“Remedial action” means any action taken to control, minimize or eliminate the

discharge of a hazardous substance at or contamination of a site and any action taken to

restore the environment to the extent practicable.

(q)

“Responsible party” means any person who, under this law, is required to:

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(1)

take action to prevent or abate contamination, a threat of contamination,

the discharge of a hazardous substance or threat of a discharge; or

(2)

reimburse a Tribal entity for the costs incurred by the entity to take action

to prevent or abate contamination or threat of contamination or the discharge of a

hazardous substance or threat of a discharge.

(r) “Restore” or “restoration” means to return the environment to its original condition

before the discharge of a hazardous substance or contamination of the site occurred.

(s)

“Site” means any area where contamination has occurred or is suspected of

occurring, including a place of business that handles, transports or stores hazardous

substances and is required to track such materials.

(t) “Tribal entity” means a board, committee, commission, department, division, or

agency of the Oneida Tribe of Indians of WisconsinNation.

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401.4.

Jurisdiction

401.4-1. Personal Jurisdiction. This law shall apply to:

(a)

all Oneida Tribal members, Tribal entities, Tribal corporations and members of

other federally recognized tribes;

(b)

individuals and businesses leasing, occupying or otherwise using Tribal fee land

and all Tribal trust lands; and

(c)

individuals who have consented to the jurisdiction of the TribeNation or as

otherwise consistent with federal law. For purposes of this subsection, an individual shall

have consented to the jurisdiction of the TribeNation:

(1)

By entering into a consensual relationship with the TribeNation, Tribal

entities, Tribal corporations, or Tribal members, including but not limited to

contracts or other agreements; or

(2)

By other facts which manifest an intent to consent to the authority of the

TribeNation, including failure to raise an objection to the exercise of personal

jurisdiction in a timely manner.

401.4-2. Territorial Jurisdiction. This law extends to all land within the exterior boundaries of

the Reservation of the TribeNation, as established pursuant to the 1838 Treaty with the Oneida, 7

Stat. 566, any lands added thereto pursuant to federal law and all lands held in trust for the

TribeNation within the State of Wisconsin.

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401.5.

Tribal Environmental Response Program (TERP)

401.5-1. The Environmental Health and Safety Division (Division) shall create a Tribal

Environmental Response Program (TERP). The purpose of the TERP shall be to address the

discharge or potential discharge of a hazardous substance that has resulted in or may result in

contamination of the environment.

401.5-2. Under the TERP, the Division shall:

(a)

provide opportunities for public participation for the identification, restoration and

reuse of contaminated sites.

(b)

conduct and/or oversee assessments and investigations of sites with contamination

concerns.

(c)

identify potentially responsible parties to clean up contaminated sites.

(d)

require appropriate remedial action be taken when contaminated sites are

identified and develop a plan or ensure a plan is developed for the undertaking of those

remedial actions.

(e)

oversee and enforce required remedial actions.

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(f) develop mechanisms for the approval, certification, and verification of remedial

actions taken at a site.

(g)

maintain a public record of remedial actions conducted at a contaminated site.

401.5-3. Issuance of Administrative Orders. The Division shall issue administrative orders, as

necessary, when the discharge of a hazardous substance occurs, or when contamination, or the

threat of contamination, exists. Before issuing an administrative order, the Division shall consult

with other Tribal entities having expertise in the subject matter of the order. Administrative

orders may include:

(a)

orders to prevent the discharge of a hazardous substance.

(b)

orders to allow the investigation of a site it has reason to believe is contaminated

or is under threat of contamination.

(c)

orders to require a responsible party to take action to prevent and/or abate

contamination.

401.5-4. Emergency Situations. Chapter 35302 of the Oneida Code of Laws, Emergency

Management and Homeland Security, shall govern the response to the discharge of a hazardous

substance which results in the proclamation of an emergency.

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401.6.

Environmental Quality Standards

401.6-1. The Division shall adopt and revise, as necessary, standards for environmental quality

that are protective of public health and the environment, recognizing that different standards may

be required, depending on the designated uses of the land and groundwater.

401.6-2. Before adopting or revising environmental quality standards, the Division shall

publish notice in two (2) consecutive issues of the Kalihwisaks on the standards that are under

consideration for adoption or revision.

(1) a) The notice shall contain a deadline for comments to be received from any person.

(2) b) The Division shall review and consider comments received before approving the

new or revised standards.

401.6-3. Environmental quality standards adopted by the Division shall become effective upon

Oneida Business Committee approval, except those standards that are consistent with federal

standards shall be effective upon approval by the Division.

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401.7.

Discharge of Hazardous Substances

401.7-1. Notification of Discharge. Unless exempted from notifying the Division under 401.710, the following individuals shall notify the Division immediately of the discharge of a

hazardous substance or threat of such discharge:

(a)

Any person who possesses or controls a hazardous substance which is discharged;

(b)

Any person who causes the discharge of a hazardous substance; and

(c)

Any person who has professional knowledge that the discharge of a hazardous

substance has occurred at a site, or there is a threat of such discharge.

401.7-2. Investigation of Discharge. When the Division is notified of or becomes aware of the

discharge of a hazardous substance, or threat of such discharge, it shall identify any responsible

parties and issue an administrative order for the responsible parties to have an investigation

conducted of the site. The Division may also issue an administrative order requiring the

responsible party take action to abate and/or prevent the discharge. The Division may specify

any necessary preventative measures or remedial actions in the administrative order.

401.7-3. Determination of Contamination. After being issued an administrative order for

an investigation, the responsible parties shall have an initial assessment conducted to

determine whether the discharge of a hazardous substance has occurred and whether any

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discharge has caused contamination. The initial assessment shall include sampling and/or

testing of the site where the discharge of a hazardous substance has occurred.

(a)

Evidence that indicates contamination of a site has occurred, or may have

occurred includes, but is not limited to:

(1)

visible soil contamination;

(2)

presence of free product or vapors in soils, basements, sewers or utility

lines, surface water or groundwater; and

(3)

reports, environmental assessments or routinely gathered monitoring

data that indicates contamination has occurred or may have occurred.

(b)

Groundwater samples shall be collected for analysis and evaluation to determine

whether the groundwater poses any public health and welfare concerns.

(c)

Whether contamination exists shall be based on the level of contamination as

compared to Tribally adopted environmental quality standards adopted by the Nation.

401.7-4. The Division shall evaluate the harmfulness of the discharge of a hazardous substance

based on the initial assessment and shall:

(a)

publish the results of the initial assessment, along with a notice that the Division

will accept comments on the results for at least thirty (30) days after the initial

publication, in two (2) consecutive issues of the Kalihwisaks; and

(b)

mail the results of the initial assessment, along with a notice that the Division will

accept comments on the results for at least thirty (30) days after the initial publication of

the results in the Kalihwisaks, to all owners of property located within one thousand two

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

initial assessment.

401.7-5. The Division shall accept comments on the results of the initial assessment for at least

thirty (30) days after the initial publication of the results in the Kalihwisaks. The Division shall

compile, review and respond to all comments. Responses will be recorded and published in a

document available to the public.

401.7-6. A person who possesses or controls a hazardous substance which is discharged or

causes the contamination of a site shall take remedial action.

401.7-7. A person who voluntarily assumes responsibility for performance of, or payment of,

remedial actions in accordance with a plan that has been approved through the TERP, shall not

be subject to enforcement actions for the contamination if he or she complies with the plan.

401.7-8. Except as provided in 401.7-10, the following persons are responsible parties:

(a)

The current owner and operator of the site;

(b)

Any owner or operator of the site at the time the discharge or contamination

occurred;

(c)

Any person who arranged for the disposal or treatment of the hazardous

substance, or arranged for the transportation of the hazardous substance for disposal or

treatment;

(d)

Any person who transports the hazardous substance and selects the disposal site;

and

(e)

Any person who, by any act or omission, caused or contributed to the discharge or

contamination.

401.7-9. Exemptions. The following persons are not “responsible parties” under this law:

(a)

Any person discharging in accordance with a permit or program approved under

federal or Tribal law.

(b)

Law enforcement officers and members of a fire department using hazardous

substances in carrying out their responsibilities to protect public health, safety and

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welfare. However, these individuals shall notify the Division of any discharges of a

hazardous substance occurring in the performance of their duties.

(c)

Any person applying a registered pesticide according to the label instructions, or

applying a fertilizer at or below normal and beneficial agronomic rates. These

individuals are also exempted from the notification and penalty requirements of this law.

(d)

Any person who can establish that the discharge or threatened discharge of a

hazardous substance for which the person would be otherwise responsible was caused

solely by:

(1)

An act of nature;

(2)

An act of war; or

(3)

An act or omission of a third party, including but not limited to a

trespasser, other than:

(A)

An employee or agent of the person asserting the defense; or

(B)

Any person whose act or omission occurs in connection with a

contractual relationship existing, directly or indirectly, with the person

asserting the defense.

(e)

Any person who is an owner, past owner, or purchaser of property and who can

establish by a preponderance of the evidence that at the time the property was acquired

by the person, the person had no knowledge or reason to know that the property was

contaminated, or that a hazardous substance was discharged or disposed of on, in or at the

property.

(1)

To establish that a person had no reason to know what the person was

undertaking at the time of acquisition, All Appropriate Inquiries shall be taken

into the previous ownership and uses of the property.

(f) Any person who purchases property after January 11, 2002 with knowledge that it is

contaminated if:

(1)

the person did not cause the contamination on the property;

(2)

the person establishes that all disposal of hazardous substances occurred

before the person acquired the property;

(3)

the person makes All Appropriate Inquiries into previous ownership and

uses of the property prior to acquiring the property; and

(4)

the person is not affiliated with a party liable for any contamination.

401.7-10. Where there is an unresponsive or unknown responsible party, the Division may refer

the site to the appropriate outside agency to retain contractors or consultants, and take other

necessary actions to conduct remedial action or have remedial action conducted at a site.

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401.8.

Remedial Actions

401.8-1. A responsible party shall take immediate action to halt the discharge of a hazardous

substance and to minimize the harmful effects of the discharge.

401.8-2. If, after the initial assessment, it is determined that the discharge may cause

contamination or has caused contamination, the Division shall issue an administrative order to

the responsible party or parties to take remedial action or have remedial action conducted on the

site.

401.8-3. The Division shall determine the appropriate remedial actions, including the time

frame, to be taken in the event a site is contaminated. Remedial actions may include:

(a)

the replacement and/or removal of injured plant and animal life or contaminated

soil.

(b)

the treatment of contaminated soils and/or surface and/or groundwater.

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(c)

adequate storage, handling and disposal methods to prevent further and/or future

discharges and contamination from occurring.

(d)

the replacement or repair of faulty equipment.

(e)

other remedial actions that restore the environment and/or protect the environment

from the contamination, as determined by the Division.

401.8-4. Where it is determined by the Division that immediate remedial action is not being

taken, but is necessary to protect the public health, safety or welfare or the environment, the

Division may conduct remedial action or have remedial action conducted. Costs of any such

action may be recovered from any or all responsible parties.

401.8-5. In addition to the requirements of this law, the Division shall comply with all

applicable federal laws when the discharge or threat of a discharge of a hazardous substance

occurs.

401.8-6. Each responsible party is strictly liable, jointly and severally, for all remedial action

costs and for all damages resulting from the discharge or threatened discharge of a hazardous

substance.

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401.9.

Case Closure or No Further Action

401.9-1. The Division may close a case concerning a site or verify that no further action is

necessary, upon compliance with the applicable requirements of this law and any administrative

orders issued by the Division, including the completion of remedial actions. The Division shall

conduct investigations and inspections to ensure compliance with any administrative order it has

issued.

401.9-2. Sampling shall be conducted at the completion of the remedial action when:

(a)

The hazardous substance discharge is in contact with groundwater.

(b)

The amount, identity or duration of the contamination is unknown.

(c)

Other site conditions indicate that sampling is necessary to confirm the adequacy

of the remedial action.

401.9-3. The Division may require additional remedial actions, including monitoring, for any

site, even those cases that have been closed by the Division, if information regarding site

conditions indicates that contamination on or from the site poses a threat to public health, safety

or welfare or the environment.

401.9-4. If additional remedial action is required for a previously closed case, the Division:

(a)

Shall indicate in writing to the responsible parties that additional remedial action

is needed at the site and provide the responsible parties with information regarding the

nature of the problem and type of remedial action that is needed.

(b)

May require the responsible parties to achieve compliance with Tribalthe Nation’s

public health and environmental laws, within a time period established by the Division.

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401.10.

Violations, Enforcement and PenaltiesAppeals

401.10-1. Compliance Orders. If, after issuing an administrative order, the Division determines

that a violation of the administrative order exists, it shall issue a compliance order which requires

the responsible parties to:

(a)

Take remedial action to prevent or abate the discharge of a hazardous substance;

and/or

(b)

Allow the investigation of a site believed to be contaminated or under threat of

contamination.

401.10-2. Penalty Schedule. The Oneida Business Committee shallEnvironmental Resource

Board is delegated rulemaking authority to adopt a finepenalty schedule, upon recommendation

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of the Division, for violations of this law. Any person who does not comply with a compliance

order issued by the Division may receive a finepenalty in accordance with the fine schedule. A

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

or continues.

(a) Each day a violation exists or continues shall constitute a separate offense.

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

enforced by the Division at the Owner’s expense.

(b)

Any person who is a lessee of the TribeNation who violates any provision

of this law or any compliance order issued by the Division shall have said case referred to

the Land CommissionDivision of Land Management to consider potential lease

violations.

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401.11. Appeals

401.11-1. Appeal of Compliance Orders A person may appeal a compliance order issued by the

Division by filing a written appeal with the Division Director within ten (10) business days after

the order is issued.

(a) The Division Director shall uphold, revise or reverse the order, in writing, within five

(5) business days after receiving the appeal.

(b) A person may appeal the Division Director’s decision by filing a written appeal with

the Environmental Resources Board within ten (10) business days after the Division

Director’s decision.

(1) The Environmental Resources Board shall conduct a hearing on the Division

Director’s decision and shall uphold, revise or reverse the decision of the Division

Director.

(2) The Environmental Resources Board shall post and publish its final decision,

within ten (10) business days after the hearing. The Environmental Resources

Board shall include in its decision specific facts which are the basis for its

decision, and shall forward the decision to the parties of the appeal.

401.11-2. Contesting the Issuance of a Fine. Any person issued a fine under this law may

contest the fine by attending a hearing before the Environmental Resources Board.

(a) The fine shall specify the date, time and place of the hearing. The hearing shall take

place at least five (5) days after the fine is issued.

(1) If the person does not wish to contest the fine, he or she shall pay the fine by

the hearing date specified on the fine.

(b) After the hearing, the Environmental Resources Board shall determine whether the

person is responsible for the fine, as was issued by the Division, and may set a new date

for when the fine shall be paid.

401.11-3. Appeals from the Environmental Resources Board401.10-3.

Contested

Action

Hearings. All citations, penalties, 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.

4 O.C. 401—Page 8

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For OBC Consideration (Draft 1) redline to current

2017 07 26

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

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

one (1) hour per ten dollars ($10.00) of the fine.

(b) Allocation of Citation Revenue. All fines and penalties issued by citations are

payable to the Environmental Resource Board or its designee, the proceeds of which the

Environmental Resource Board shall contribute to the Nation’s general fund.

(c) Appealing the Decision. Any party of interest may appeal a decision of the

Environmental Resources Board to the Judiciary Judiciary Trial Court. Any person

wishing to contest the determination of the Judiciary Trial Court may appeal the

applicable determination to the Judiciary’s Court of Appeals 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 process contained in the Garnishment law and/or by attaching a Tribal

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

End.

Adopted – BC-09-12-12-B

Amended – BC-02-25-15-C

4 O.C. 401—Page 9

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FINANCE ADMINISTRATION

Fiscal Impact Statement

MEMORANDUM

DATE:

June 7, 2017

FROM:

Rae Skenandore, Project Manager

TO:

Larry Barton, Chief Financial Officer

Ralinda Ninham-Lamberies, Assistant Chief Financial Officer

RE:

Fiscal Impact of the transfer of the Environmental Resource Board’s

Hearing Authority to the Oneida Judiciary

I.

Estimated Fiscal Impact Summary

Law: Domestic Animal

Draft 19

Hunting, Fishing and Trapping law (HTF)

Draft 2

Public Use of Tribal Land (Public Use)

Draft 1

Tribal Environmental Response (TERP)

Draft 1

Well Abandonment Law (Well Abandonment)

Draft 1

All-Terrain Vehicle Law (ATV)

Draft 1

Water Resources Ordinance (Water Resources)

Draft 1

On-Site Waste Disposal Ordinance (Waste Disposal)

Draft 1

Oneida Police Department (OPD)

Conservation

Environmental Resource Board (ERB)

Emergency Management

Implementing Agency

Environmental Health and Safety Division

Comprehensive Health Division

Oneida Judiciary

January 1, 2018

Estimated time to comply

Estimated Impact

Current Fiscal Year

10 Year Estimate

ERB stipend savings $830

$8,300

Total Estimated Savings $830

$8,300

Revenue and cost considerations Fee Schedules should be removed from the various Laws

Uncertainties and Unknowns None

1

Public Packet

II.

Page 83

Background

A.

Legislative History

The Oneida Business Committee created the Environmental Resource Board

through Resolution BC-02-22-85-B. GTC Resolution 01-07-13-B established the

Oneida Judiciary.

B.

Summary of Content

1.

The Domestic Animal amendments are being processed separately in

order to make further revisions. However, it is included here because there are no

additional fiscal impacts due to the amendments.

2.

All Laws are being amended to state that the Trial Court is the entity

authorized to conduct hearings.

3.

Other minor changes, including formatting, have been made to these Laws

to comply with drafting style. These changes do not affect the content of these

Laws.

C.

Methodology and Assumptions

1.

A “Fiscal Impact Statement” means an estimate of the total identifiable

fiscal year financial effects associated with legislation and includes startup costs,

personnel, office, documentation costs, as well as an estimate of the amount of

time necessary for an agency to comply with the Law after implementation.

2.

Finance does NOT identify the source of funding for the estimated cost or

allocate any funds to the legislation.

3.

The analysis was completed based on the information provided as of the

date of this memo.

III.

Agency

The hearing authority will simply be transferred from ERB to the Judiciary. Historical

hearing stipends paid to the Board were $750 in 2017, $1,200 in 2016, and $700 in 2015.

Transferring the hearing authority to the Judiciary would result in an average savings of

approximately $830 annually. The Judiciary does not anticipate any additional costs as

this will simply be absorbed into their existing duties. ERB has stated that they expect

the transition of the hearing authority to be complete by January 1, 2018

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IV.

Financial Impact

Approximately $830 savings annually.

V.

Recommendation

Finance does not make a recommendation in regards to course of action in this matter.

Rather, it is the purpose of this report to disclose potential financial impact of an action,

so that the Oneida Business Committee and General Tribal Council has the information

with which to render a decision.

Public Packet

Page 85

Oneida Business Committee Agenda Request

1. Meeting Date Requested:

7

/ 26 / 17

2. General Information:

Session:

Open

Agenda Header:

Executive - See instructions for the applicable laws, then choose one:

Resolutions

Accept as Information only

Action - please describe:

Consider adoption of the amendments to the On-Site Waste Ordinance

3. Supporting Materials

Report

Resolution

Contract

Other:

1. Adoption packet

3.

2.

4.

Business Committee signature required

4. Budget Information

Budgeted - Tribal Contribution

Budgeted - Grant Funded

5. Submission

Authorized Sponsor / Liaison:

Brandon Stevens, LOC Chair

Primary Requestor/Submitter:

Jennifer Falck, LRO Director

Your Name, Title / Dept. or Tribal Member

Additional Requestor:

Name, Title / Dept.

Additional Requestor:

Name, Title / Dept.

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Unbudgeted

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Public Packet

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BC Resolution _____________

On-Site Waste Disposal Law Amendments

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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

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WHEREAS, the Oneida General Tribal Council is the governing body of the Oneida Nation;

and

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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

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WHEREAS, the Oneida Business Committee originally adopted the On-Site Waste Disposal

Ordinance through resolution BC-10-28-88-A; and

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WHEREAS, the Amendments to the Ordinance transfer the Environment Resource Board’s

original hearing body authority and responsibilities to the Oneida Judiciary as part

of an effort to standardize and streamline all of the Nation’s hearing

responsibilities; and

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WHEREAS, a public meeting on the proposed Amendments was held on June 15, 2017 in

accordance with the Legislative Procedures Act; and

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NOW THEREFORE BE IT RESOLVED, that the On-Site Waste Disposal Law

Amendments are hereby adopted and shall become effective on October 1, 2017.

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Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

Statement of Effect

On-Site Waste Disposal Law Amendments

Summary

This Resolution adopts Amendments to the On-Site Waste Disposal Law (the “Law”) which

transfer the Environmental Resource Board’s original hearing body authority to the Oneida

Judiciary.

Submitted by: Krystal L. John, Staff Attorney, Oneida Law Office

Analysis by the Legislative Reference Office

As stated above, these amendments will transfer the delegation of original hearing body authority

from the Environmental Resource Board to the Oneida Judiciary. Such a transfer would

implicate the Judiciary law and the Environmental Resource Board’s by-laws.

The transfer of hearing body authority would fit into the Oneida Judiciary’s subject matter

jurisdiction according to the Judiciary law based on section 801.5-2, which provides that, “The

Trial Court shall have subject matter jurisdiction over cases and controversies arising under the

following… (a) Tribal laws which specifically authorize the Trial Court to exercise jurisdiction…”

Judiciary, 8 O.C. 801 § 801.5-2. These amendments to the Law specifically authorize the Trial

Court to exercise jurisdiction based on section 407.7-6. Contested Action Hearings, which reads as

follows:

All citations, penalties, forfeitures, 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. …

(c) Appealing the Decision of the Judiciary Trial Court. Any person wishing to

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

Court of Appeals in accordance with the Rules of Appellate Procedure. …

The Environmental Resource Board’s by-laws provide the Board’s duties and responsibilities,

among other things. Adoption of this law conflicts with the Board’s by-laws and the by-laws

recognize the Environmental Resource Board’s original hearing body authority in section 1-4.b.,

which reads as follows: “The ERB shall serve as the original hearing body in matters concerning

environmental and conservation laws and ordinances promulgated by the Oneida Tribe.”

Accordingly, if this resolution is adopted, the Environmental Resource Board’s by-laws would need

Page 1 of 2

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Page 89

to be amended to remove the original hearing body authority from the Board’s duties and

responsibilities.

A public meeting was held for these Amendments on June 15, 2017 for which the public

comment period expired on June 22, 2017 in accordance with the Legislative Procedures Act.

There were not any oral or written comments submitted.

Conclusion

Adoption of this Resolution would require the Environmental Resource Board’s by-laws to be

amended to remove the original hearing body authority from the Board’s duties and responsibilities.

Page 2 of 2

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Analysis to OBC Consideration Drafts

2017 07 28

Hearing Authority Transfer

Legislative Analysis

SECTION 1. BACKGROUND

REQUESTER:

LOC

Intent of the

Amendments

Purpose

Affected Entities

Affected

Legislation

Enforcement/Due

Process

Public Meeting

SPONSOR:

Tehassi Hill

To further utilize the Judiciary.

DRAFTER:

Krystal L. John

ANALYST:

Candice E. Skenandore

To transfer the Environmental Resource Board (ERB) hearing authority to the

Judiciary.

Trial Court, ERB

Hunting, Fishing and Trapping law, Public Use of Tribal Land, Tribal

Environmental Response, Well Abandonment Law, All-Terrain Vehicle Law,

Water Resources Ordinance

ERB will no longer hold hearings; hearing will now be conducted by the Trial

Court in accordance with the Rules of Civil Procedure.

A public meeting was held on June 15, 2017.

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SECTION 2. LEGISLATIVE DEVELOPMENT

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SECTION 3. CONSULTATION

A. Since 1985, ERB served as the hearing body authority over the Nation’s environmental regulations.

On May 2, 1990, the Oneida Business Committee established the Oneida Tribal Judicial System (aka

Oneida Appeals Commission) and General Tribal Council reauthorized the Oneida Tribal Judicial

System on August 19, 1991 [See BC Resolution 05-02-90 and GTC Resolution 8-19-91-A]. The

purpose of the Oneida Appeals Commission was to enhance and protect self-governance and

sovereignty as well as enhance the separation of powers between the legislative, executive and

juridical responsibilities of the Nation. The Oneida Appeals Commission removed the Oneida

Business Committee from initial judicial decisions [See GTC Resolution 8-19-91-A].

B. In 2013, the General Tribal Council changed the structure of the Oneida Tribal Judicial System by

creating an Oneida Judiciary comprised of the Tribal Court and a Court of Appeals through the

adoption of the Judiciary law. The purpose of the Judiciary is to grant the Trial Court and Court of

Appeals expanded subject matter jurisdiction and create a greater role for the use of mediation and/or

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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