Oneida Business Committee (2022)

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Public Packet

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Oneida Business Committee

Regular Meeting

8:30 AM Wednesday, October 12, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Agenda

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

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

of the Oneida Nation; to obtain a copy, visit the Government Administrative Office, 2nd floor, Norbert Hill

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

change.

CALL TO ORDER

II.

OPENING

Special recognition for years of service

Sponsor: Todd VanDen Heuvel, Executive HR Director

III.

ADOPT THE AGENDA

IV.

OATH OF OFFICE

MINUTES

VI.

Oneida Nation Veteran Affairs Committee - Deke Suri

Sponsor: Lisa Liggins, Secretary

Approve the September 28, 2022, regular Business Committee meeting minutes

Sponsor: Lisa Liggins, Secretary

STANDING COMMITTEES

LEGISLATIVE OPERATING COMMITTEE

Accept the September 21, 2022, regular Legislative Operating Committee

meeting minutes

Sponsor: David P. Jordan, Councilman

Oneida Business Committee

Regular Meeting Agenda

Page 1 of 4

October 12, 2022

Public Packet

VII.

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STANDING ITEMS

VIII.

IX.

ARPA FRF and Tribal Contribution Savings Submissions

Consider the request for an ARPA FRF and Tribal Contribution Savings

funded community park improvement project

Sponsor: Dylan Benton, Tribal Member

Adopt resolution entitled Obligation for Beef Discount Project Utilizing Tribal

Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Oneida Nation Farm Combine Utilizing

Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

Adopt resolution entitled Obligation for Oneida Nation Farm Office Utilizing

Tribal Contribution Savings

Sponsor: Mark W. Powless, General Manager

TRAVEL REPORTS

Approve the travel report - Secretary Lisa Liggins - National Congress of American

Indians (NCAI) Mid Year Conference & Marketplace - Anchorage, AL - June 12-16,

2022

Sponsor: Lisa Liggins, Secretary

Approve the travel report - Secretary Lisa Liggins - Assembly Democratic Campaign

Committee Fundraiser - Wisconsin Dells, WI - July 26-27, 2022

Sponsor: Lisa Liggins, Secretary

Approve the travel report - Secretary Lisa Liggins - Tribal Constitutions Native

Nations Institute Seminar - Phoenix, AZ - September 18-20, 2022

Sponsor: Lisa Liggins, Secretary

TRAVEL REQUESTS

Approve the travel request - Chairman Tehassi Hill - Indian Child Welfare Act Events

- Washington, D.C. - November 8-10, 2022

Sponsor: Tehassi Hill, Chairman

Oneida Business Committee

Regular Meeting Agenda

Page 2 of 4

October 12, 2022

Public Packet

XI.

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NEW BUSINESS

HRD follow up from September 28, 2022, regular Oneida Business Committee

meeting and directives for FY-2023 budget

Sponsor: Todd VanDen Heuvel, Executive HR Director

Review the Surveillance (Chapter 15) Oneida Gaming Minimum Internal Control

Standards and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Review the Craps Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Review the Four Card Poker Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Review the Mississippi Stud Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Review the Three Card Poker Rules of Play and determine next steps

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Post one (1) vacancy - Oneida Land Claims Commission

Sponsor: Lisa Liggins, Secretary

Post one (1) vacancy - Oneida Police Commission

Sponsor: Lisa Liggins, Secretary

GENERAL TRIBAL COUNCIL

XII.

Approve the notice for the tentatively scheduled November 15, 2022, semi-annual

General Tribal Council meeting

Sponsor: Lisa Liggins, Secretary

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report

Sponsor: Jo Anne House, Chief Counsel

Accept the General Manger report

Sponsor: Mark W. Powless, General Manager

Oneida Business Committee

Regular Meeting Agenda

Page 3 of 4

October 12, 2022

Public Packet

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XIII.

AUDIT COMMITTEE

Accept the August 18, 2022, regular Audit Committee meeting minutes

Sponsor: David P. Jordan, Councilman

Accept the Cage/Vault/Kiosk compliance audit and lift the confidentiality

requirement

Sponsor: David P. Jordan, Councilman

NEW BUSINESS

Approve the attorney contract amendment - Oneida Law Office - file # 20191119

Sponsor: Jo Anne House, Chief Counsel

Enter the e-poll results into the record regarding the approved updated job

description for DR05 and approve the request to post

Sponsor: Lisa Liggins, Secretary

ADJOURN

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

Open Meetings law (§ 107.14.)

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

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

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

(800) 236-2214

Oneida Business Committee

Regular Meeting Agenda

Page 4 of 4

October 12, 2022

Public Packet

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Special recognition for years of service

Business Committee Agenda Request

1. Meeting Date Requested:

10/12/22

2. Session:

‫ ܆‬Open ‫ ܆‬Executive – must qualify under §107.4-1.

Justification: Choose or type justification.

Requested Motion:

‫ ܆‬Accept as information; OR(QWHUWKHUHTXHVWHGPRWLRQUHODWHGWRWKLVLWHP

Acknowledge Years of Service recipients with the attached

PowerPoint. 4th Qtr '22

Areas potentially impacted or affected by this request:

‫ ܆‬Finance

‫ ܆‬Law Office

‫ ܆‬Gaming/Retail

‫ ܆‬Other: Tribe wide employees

‫ ܆‬Programs/Services

‫ ܆‬MIS

‫ ܆‬Boards, Committees, or Commissions

5. Additional attendees needed for this request:

1DPH7LWOH(QWLW\25&KRRVHIURP/LVW

Revised: 11/15/2021

Page 1 of 2

Public Packet

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Supporting Documents:

‫ ܆‬Bylaws

‫ ܆‬Contract Document(s)

‫ ܆‬Correspondence

‫ ܆‬Draft GTC Notice

‫ ܆‬Draft GTC Packet

‫ ܆‬E-poll results/back-up

‫ ܆‬Other:

‫ ܆‬Fiscal Impact Statement

‫ ܆‬Law

‫ ܆‬Legal Review

‫ ܆‬Minutes

‫ ܆‬MOU/MOA

‫ ܆‬Petition

‫ ܆‬Presentation

‫ ܆‬Report

‫ ܆‬Resolution

‫ ܆‬Rule (adoption packet)

‫ ܆‬Statement of Effect

‫ ܆‬Travel Documents

Budget Information:

‫ ܆‬Budgeted – Tribal Contribution

‫ ܆‬Unbudgeted

‫ ܆‬Other:

‫ ܆‬Budgeted – Grant Funded

‫ ܆‬Not Applicable

Submission:

Vandenheuvel,

HR Director

Name,

Title/Entity ORExecutive

Choose from

Authorized Sponsor: Todd

Primary Requestor:

Revised: 11/15/2021

Page 2 of 2

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Name

Emp #

YEARS OF SERVICE RECIPIENTS

4TH QUARTER FY'22 JUL - SEPT

Supervisor Name

ADOH

Years

DANFORTH,CARMEN B

977

DOXTATER,ANDREW J

Sep 28, 1987

CONWAY,LOUCINDA K

Sep 25, 1987

Sep 21, 1987

SCHOMMER,REBECCA J

670

DANFORTH,MERCIE L

109

BRAATEN,BLAIR A

649

EMERSON,DAVID L

Sep 2, 1992

SKENANDORE,JODI M

1172

HILL,C S

Sep 2, 1992

HUFF,HELEN J

1162

JORDAN,CHAD E

Sep 1, 1992

CORNELIUS,SYLVIA S

138

ROMMEL,NICOLE A

Aug 28, 1992

WEBSTER,TONYA L

1220

STENSLOFF,PATRICK W

Aug 27, 1992

FLAUGER,SHERRY A

897

HOUSE,DAKOTA K

Aug 24, 1992

STEVENS,DEANNA L

6862

PEGUERO,YVETTE M

Aug 24, 1992

HIGGS,SUSAN L

339

MYERS,MICHELLE L

Aug 3, 1992

ZEISE,LLOYD R

744

METOXEN,LAMBERT M

Jul 31, 1992

KRUSE,MARGARET M

5384

SMITH,DELIA M

Jul 27, 1992

METOXEN,DALE R

5565

DANFORTH,PAUL F

Jul 27, 1992

CORNELIUS,KERRY G

126

HOUSE,DAKOTA K

Jul 20, 1992

WEBSTER,SHAD L

5892

ROMMEL,NICOLE A

Jul 20, 1992

BUCKLEY,STACY L

10329

KING,KATHLEEN E

Sep 21, 1997

JOHN,ROSA M

10290

VANSCHYNDEL,RONALD J

Sep 21, 1997

VERAGHEN,JEAN A

10330

DANFORTH,SUSAN M

Sep 21, 1997

HILL,LARRY J

3784

DELGADO,TSYOSHAAHT C

Sep 7, 1997

OLSON,JEAN A

10245

WHITE,DANIELLE L

Aug 24, 1997

October 12th OBC Meeting

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Oneida Nation Veteran Affairs Committee - Deke Suri

Business Committee Agenda Request

1. Meeting Date Requested:

10/12/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Bonnie Pigman, Recording Clerk

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

BPIGMAN

Public Packet

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Oneida Nation

Government Administrative Office

PO Box 365  Oneida, WI 54155-0365

oneida-nsn.gov

Memorandum

TO:

Oneida Business Committee

FROM:

Brooke Doxtator, BCC Supervisor

DATE:

October 12, 2022

RE:

Oath of Office – Oneida Nation Veteran Affairs Committee

Background

On September 28, 2022, the Oneida Business Committee appointed Deke K Suri to the

Oneida Nation Veteran Affairs Committee.

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

Public Packet

10 of 181

Approve the September 28, 2022, regular Business Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

10/12/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

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DRAFT

Oneida Business Committee

Executive Session

8:30 AM Tuesday, September 27, 2022

Virtual Meeting – Microsoft Teams1

Regular Meeting

8:30 AM Wednesday, September 28, 2022

BC Conference Room, 2nd floor, Norbert Hill Center

Minutes

EXECUTIVE SESSION:

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Council members: Daniel Guzman

King, David P. Jordan, Kirby Metoxen, Marie Cornelius;

Not Present: Treasurer Tina Danforth, Secretary Lisa Liggins, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Melinda J. Danforth, Mark W. Powless, Louise Cornelius,

Todd VanDen Heuvel, Kaylynn Gresham, Katsitsiyo Danforth, Danelle Wilson, Kristal Hill, Rae

Skenandore, Justin Nishimoto, Loucinda Conway, Chad Fuss, Lori Hill, Shannon Stone, Tina Jorgensen,

Nicole Rommel, Michelle Danforth-Anderson, Cheryl Stevens, Debra Danforth, Lisa Rauschenbach,

Shane Archiquette, Josephine Skenandore, Eric Bristol, Jason Doxtator, Mercie Danforth;

REGULAR MEETING

Present: Chairman Tehassi Hill, Vice-Chairman Brandon Stevens, Secretary Lisa Liggins, Council

members: Daniel Guzman King (via Microsoft Teams), David P. Jordan, Kirby Metoxen, Marie Cornelius;

Not Present: Treasurer Tina Danforth, Councilwoman Jennifer Webster;

Arrived at: n/a

Others present: Jo Anne House, Larry Barton, Mark W. Powless (via Microsoft Teams), Todd

Vandenheuvel (via Microsoft Teams), Katsitsiyo Danforth (via Microsoft Teams), Kaylynn Gresham (via

Microsoft Teams), Danelle Wilson (via Microsoft Teams), Rhiannon Metoxen (via Microsoft Teams),

Kristal Hill (via Microsoft Teams), Rae Skenandore (via Microsoft Teams), Justin Nishimoto (via Microsoft

Teams), Lisa Summers (via Microsoft Teams), Clorissa Santiago, Loucinda Conway (via Microsoft

Teams), Carl Artman (via Microsoft Teams), Lisa Duff (via Microsoft Teams), Joshua Cottrell (via

Microsoft Teams), Melanie Burkhart (via Microsoft Teams), Lori Hill (via Microsoft Teams), Nicole

Rommel (via Microsoft Teams), Tina Jorgensen (via Microsoft Teams), Carolyn Salutz (via Microsoft

Teams), Grace Elliott, Jameson Wilson (via Microsoft Teams), Patricia King (via Microsoft Teams),

Debbie Melchert (via Microsoft Teams), Brooke Doxtator (via Microsoft Teams), Shannon Davis, Carol

Silva (via Microsoft Teams), Marsha Danforth (via Microsoft Teams), Paul Witek (via Microsoft Teams),

Stacy Coon (via Microsoft Teams), Matthew J. Denny (via Microsoft Teams), Sacheen Lawrence (via

Microsoft Teams), Margaret King (via Microsoft Teams), Carey Gleason (via Microsoft Teams), Dan

Skenandore, Aliskwet Ellis;

CALL TO ORDER

Meeting called to order by Chairman Tehassi Hill at 8:32 a.m.

For the record: Treasurer Tina Danforth is out on leave and Councilwoman Jennifer Webster is out on

approved travel attending the National Tribal Health Conference in Washington, D.C.

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

sharing, and video meetings.

Oneida Business Committee

Regular Meeting Minutes

Page 1 of 16

September 28, 2022

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DRAFT

II.

OPENING (00:00:07)

Opening provided by Councilman Kirby Metoxen.

III.

ADOPT THE AGENDA (00:00:31)

Motion by David P. Jordan to adopt the agenda with three (3) additions [1) add section entitled General

Tribal Council; 2) under the General Tribal Council section, add item entitled Review FY-2023 budget

request and determine next steps; 3) under the Executive Session, New Business section, add subitem entitled Review FY-2023 wage adjustment and determine next steps], seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

IV.

OATH OF OFFICE

Oneida Police Commission - Dan Skenandore (00:02:24)

Sponsor: Lisa Liggins, Secretary

Oath of office administered by Secretary Lisa Liggins. Dan Skenandore was present.

MINUTES

Approve the September 14, 2022, regular Business Committee meeting minutes

(00:04:51)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to approve the September 14, 2022, regular Business Committee meeting

minutes, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 2 of 16

September 28, 2022

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DRAFT

VI.

RESOLUTIONS

Adopt resolution entitled Wisconsin Alzheimer’s Disease Research Center

Community Engaged Recruitment (00:05:19)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to adopt resolution entitled 09-28-22-A Wisconsin Alzheimer’s Disease

Research Center Community Engaged Recruitment with two (2) noted changes [1) at line 24, add

"WHEREAS, the Oneida Business Committee adopted resolution # BC-05-08-19-A governing how

research is conducted within the Oneida Nation Reservation, the Oneida Nation, or includes Oneida

Nation members in order to protect the Nation and Members from research that may cause harm

mentally, physically or culturally during or after the research; and WHEREAS, the Division Director of

the Comprehensive Health Division has reviewed the research request in accordance with resolution #

BC-05-08-19-A and recommends that the research be authorized; and"; 2) at line 44, "BE IT

FURTHER RESOLVED, that any papers or studies from this research shall be presented to the

Division Director of the Comprehensive Health Division who shall present these papers or studies to

the Oneida Business Committee"], seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Adopt resolution entitled Intergovernmental Cooperative Agreement to Satisfy

Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year 2023

(00:22:41)

Sponsor: Mark W. Powless, General Manager

Motion by David P. Jordan to adopt resolution entitled 09-28-22-B Intergovernmental Cooperative

Agreement to Satisfy Eligibility for the Wisconsin Recycling Consolidation Grant for Calendar Year

2023, seconded by Brandon Stevens. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Adopt resolution entitled Emergency Adoption of the Oneida Life Insurance Plan

Law (00:24:36)

Sponsor: David P. Jordan, Councilman

Motion by Lisa Liggins to extend the public comment period for tribal member Lisa Summers for an

additional five (5) minutes, seconded by Brandon Stevens. Motion carried:

Ayes:

Daniel Guzman King, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens

Abstained:

Marie Cornelius

Not Present:

Tina Danforth, Jennifer Webster

Motion by Kirby Metoxen to adopt resolution entitled 09-28-22-C Emergency Adoption of the Oneida

Life Insurance Plan Law, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Lisa Liggins, Kirby Metoxen, Brandon Stevens

Opposed:

Daniel Guzman King

Abstained:

David P. Jordan

Not Present:

Tina Danforth, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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September 28, 2022

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DRAFT

Adopt resolution entitled Adoption of Standard Operating Procedure: Employment

Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121

(01:06:59)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to adopt resolution entitled 09-28-22-D Adoption of Standard Operating

Procedure: Employment Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121

with three (3) noted changes [1) delete lines 58-61 regarding FTE cap; 2) line 70, change "October

26th" to "November 23rd"; and 3) at line 20, add "WHEREAS, the Oneida Business Committee

adopted resolution # BC- 05-25-22-A, Fiscal Year 2023 Budget Considerations and Calendar, which

set the employment cap at 2200 FTEs and the financial employment cost at $127 million; and"],

seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen,

Brandon Stevens

Opposed:

Daniel Guzman King

Not Present:

Tina Danforth, Jennifer Webster

VII.

APPOINTMENTS

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

Committee (02:00:32)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to accept the selected applicant and appoint Deke Suri to the Oneida Nation

Veterans Affairs Committee with a term ending December 31, 2022, seconded by David P. Jordan.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen, Brandon Stevens

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Jennifer Webster

VIII.

STANDING COMMITTEES

FINANCE COMMITTEE

Accept the September 6, 2022, regular Finance Committee meeting minutes

(02:01:25)

Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to accept the September 6, 2022, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 4 of 16

September 28, 2022

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DRAFT

Accept the September 19, 2022, regular Finance Committee meeting minutes

(02:01:54)

Sponsor: Larry Barton, Chief Financial Officer

Motion by David P. Jordan to accept the September 19, 2022, regular Finance Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

LEGISLATIVE OPERATING COMMITTEE

Accept the September 7, 2022, regular Legislative Operating Committee

meeting minutes (02:02:23)

Sponsor: David P. Jordan, Councilman

Motion by Marie Cornelius to accept the September 7, 2022, regular Legislative Operating Committee

meeting minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

QUALITY OF LIFE COMMITTEE

Accept the July 21, 2022, regular Quality of Life Committee meeting minutes

(02:02:47)

Sponsor: Marie Cornelius, Councilwoman

Motion by David P. Jordan to accept the July 21, 2022, regular Quality of Life Committee meeting

minutes, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

IX.

STANDING ITEMS

ARPA FRF and Tribal Contribution Savings Submissions (02:03:14)

No submissions to consider.

Oneida Business Committee

Regular Meeting Minutes

Page 5 of 16

September 28, 2022

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DRAFT

TRAVEL REPORTS

Approve the travel report - Councilwoman Marie Cornelius - Wis DOT Inter-Tribal

Task Force (ITTF) meeting - Lac Du Flambeau, WI - May 11-12, 2022 (02:03:19)

Sponsor: Marie Cornelius, Councilwoman

Motion by Lisa Liggins to approve the travel report from Councilwoman Marie Cornelius for the Wis

DOT Inter-Tribal Task Force (ITTF) meeting in Lac Du Flambeau, WI - May 11-12, 2022, seconded by

Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilwoman Marie Cornelius - 16th WisDOT Tribal

Consultation Meeting - Wabeno, WI - August 7-8, 2022 (02:03:53)

Sponsor: Marie Cornelius, Councilwoman

Motion by Lisa Liggins to approve the travel report from Councilwoman Marie Cornelius for the 16th

WisDOT Tribal Consultation Meeting in Wabeno, WI - August 7-8, 2022, seconded by Kirby Metoxen.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilwoman Marie Cornelius - WisDOT Inter-Tribal

Task Force (ITTF) meeting - Carter, WI - September 7-8, 2022 (02:04:18)

Sponsor: Marie Cornelius, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Marie Cornelius for the

WisDOT Inter-Tribal Task Force (ITTF) meeting in Carter, WI - September 7-8, 2022, seconded by

Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Daniel Guzman King - Great Lakes Area

Opioid Conference - Bloomington, MN - April 27-29, 2022 (02:04:46)

Sponsor: Daniel Guzman King, Councilman

Motion by Kirby Metoxen to approve the travel report from Councilman Daniel Guzman King for the

Great Lakes Area Opioid Conference in Bloomington, MN - April 27-29, 2022, seconded by Lisa

Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 6 of 16

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Public Packet

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DRAFT

Approve the travel report - Councilman Daniel Guzman King - Great Lakes InterTribal Council (GLITC) Board of Directors meeting - Baraboo, WI - May 11-12, 2022

(02:05:11)

Sponsor: Daniel Guzman King, Councilman

Motion by Marie Cornelius to approve the travel report from Councilman Daniel Guzman King for the

Great Lakes Inter-Tribal Council (GLITC) Board of Directors meeting in Baraboo, WI - May 11-12,

2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Daniel Guzman King - FY 2023 Bemidji

Area Pre-Negotiation meeting - Bloomington, MN - June 8-10, 2022 (02:05:37)

Sponsor: Daniel Guzman King, Councilman

Motion by Marie Cornelius to approve the travel report from Councilman Daniel Guzman King for the

FY 2023 Bemidji Area Pre-Negotiation meeting in Bloomington, MN - June 8-10, 2022, seconded by

Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Daniel Guzman King - Local Government

Advisory Committee (LGAC) and Small Community Advisory Subcommittee

(SCAS) public meeting - Washington, D.C. - June 22-24, 2022 (02:06:06)

Sponsor: Daniel Guzman King, Councilman

Motion by Lisa Liggins to approve the travel report from Councilman Daniel Guzman King for the Local

Government Advisory Committee (LGAC) and Small Community Advisory Subcommittee (SCAS)

public meeting in Washington, D.C. - June 22-24, 2022, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Kirby Metoxen - Annual American Indian

Tourism Conference - Scottsdale, AZ - October 24-28, 2021 (02:06:34)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the Annual

American Indian Tourism Conference in Scottsdale, AZ - October 24-28, 2021, seconded by Lisa

Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Approve the travel report - Councilman Kirby Metoxen - SEOTS Food Card

Distribution - Milwaukee, WI - November 17-20, 2021 (02:07:02)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the SEOTS

Food Card Distribution in Milwaukee, WI - November 17-20, 2021, seconded by Lisa Liggins. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Kirby Metoxen - 2022 Wisconsin

Governor's Conference on Tourism - Madison, WI - March 13-16, 2022 (02:07:33)

Sponsor: Kirby Metoxen, Councilman

Motion by David P. Jordan to approve the travel report from Councilman Kirby Metoxen for the 2022

Wisconsin Governor's Conference on Tourism in Madison, WI - March 13-16, 2022, seconded by

Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Kirby Metoxen - Indian Gaming Tradeshow

& Convention - Anaheim, CA - April 17-20, 2022 (02:08:04)

Sponsor: Kirby Metoxen, Councilman

Motion by Marie Cornelius to approve the travel report from Councilman Kirby Metoxen for the Indian

Gaming Tradeshow & Convention in Anaheim, CA - April 17-20, 2022, seconded by David P. Jordan.

Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilman Kirby Metoxen - Native American Tourism

of Wisconsin (NATOW) 2022 Annual Conference - Wabeno, WI - June 20-22, 2022

(02:08:33)

Sponsor: Kirby Metoxen, Councilman

Motion by Marie Cornelius to approve the travel report from Councilman Kirby Metoxen for the Native

American Tourism of Wisconsin (NATOW) 2022 Annual Conference in Wabeno, WI - June 20-22,

2022, seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

Oneida Business Committee

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DRAFT

Approve the travel report - Councilman Kirby Metoxen - 2022 Wisconsin State Fair

- Milwaukee, WI - August 5-7, 2022 (02:09:03)

Sponsor: Kirby Metoxen, Councilman

Motion by Lisa Liggins to approve the travel report from Councilman Kirby Metoxen for the 2022

Wisconsin State Fair in Milwaukee, WI - August 5-7, 2022, seconded by David P. Jordan. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Brandon Stevens

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Jennifer Webster

For the record: Councilman Kirby Metoxen stated I just wanted to say that the reason these reports are in

here and all at one time is my assistant was told these were funded by not tribal contributions but through

Native American Tourism of Wisconsin. So, she sent the reports to them and then later found out that

they still needed to come before the tribe. So that’s how they all ended up here, thank you.

Approve the travel report - Councilwoman Jennifer Webster - Great Lakes Area

Tribal Health Board: Indian Health Services Pre-Negotiations - Minneapolis, MN June 7-10, 2022 (02:10:03)

Sponsor: Jennifer Webster, Councilwoman

Motion by David P. Jordan to approve the travel report from Councilwoman Jennifer Webster for the

Great Lakes Area Tribal Health Board: Indian Health Services Pre-Negotiations in Minneapolis, MN June 7-10, 2022, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilwoman Jennifer Webster - 2022 Tribal SelfGovernance Conference - Burlingame, CA - July 31-August 5, 2022 (02:10:34)

Sponsor: Jennifer Webster, Councilwoman

Motion by Marie Cornelius to approve the travel report from Councilwoman Jennifer Webster for the

2022 Tribal Self-Governance Conference in Burlingame, CA - July 31-August 5, 2022, seconded by

Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Approve the travel report - Councilwoman Jennifer Webster - 2022 Secretary's

Tribal Advisory Committee (STAC) meeting - Albuquerque, NM - September 5-10,

2022 (02:11:11)

Sponsor: Jennifer Webster, Councilwoman

Motion by Lisa Liggins to approve the travel report from Councilwoman Jennifer Webster for the 2022

Secretary's Tribal Advisory Committee (STAC) meeting in Albuquerque, NM - September 5-10, 2022,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen, Brandon Stevens

Not Present:

Tina Danforth, Jennifer Webster

Chairman Tehassi Hill left at 10:44 a.m. Vice-Chairman Brandon Stevens assumes the role of the

Chair.

Oneida Business Committee

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DRAFT

XI.

TRAVEL REQUESTS

Approve the travel request - Chairman Tehassi Hill - 79th Annual National

Congress of American Indians (NCAI) Convention & Marketplace - Sacramento, CA

- October 30-November 4, 2022 (02:12:24)

Sponsor: Tehassi Hill, Chairman

Motion by Lisa Liggins to approve the travel request for Chairman Tehassi Hill and up to two (2)

additional Business Committee members to attend the 79th Annual National Congress of American

Indians (NCAI) Convention & Marketplace in Sacramento, CA - October 30-November 4, 2022,

seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Approve the travel request - Councilman Kirby Metoxen - Annual American Indian

Tourism Conference - Funner, CA - October 23-28, 2022 (02:13:53)

Sponsor: Kirby Metoxen, Councilman

Motion by Lisa Liggins to approve the travel request for Councilman Kirby Metoxen to attend the

Annual American Indian Tourism Conference in Funner, CA - October 23-28, 2022, seconded by Marie

Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Approve the travel request - Councilman Kirby Metoxen - Smithsonian National

Museum of the American Indian Veterans Memorial - Washington, D.C. - November

9-13, 2022 (02:14:50)

Sponsor: Kirby Metoxen, Councilman

Motion by Lisa Liggins to approve the travel request for Councilman Kirby Metoxen to attend the

Smithsonian National Museum of the American Indian Veterans Memorial in Washington, D.C. November 9-13, 2022, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins

Abstained:

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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

Chairman Tehassi Hill to attend the Inflation Reduction Act Passage Event in

Washington, D.C. - September 13-14, 2022 (02:15:21)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to enter the e-poll results into the record regarding the approved travel

request for Chairman Tehassi Hill to attend the Inflation Reduction Act Passage Event in Washington,

D.C. - September 13-14, 2022, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 10 of 16

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DRAFT

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

Chairman Tehassi Hill to meet with U.S. Department of the Interior Assistant

Secretary of Indian Affairs in Washington, D.C. - September 22, 2022 (02:15:50)

Sponsor: Lisa Liggins, Secretary

Motion by Marie Cornelius to enter the e-poll results into the record regarding the approved travel

request for Chairman Tehassi Hill to meet with U.S. Department of the Interior Assistant Secretary of

Indian Affairs in Washington, D.C. - September 22, 2022, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

XII.

NEW BUSINESS

Review the Environmental, Health, Safety, Land, and Agriculture Environmental

Resource Board assessment and determine next steps (02:16:20)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept the Environmental, Health, Safety, Land, and Agriculture

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

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

in order to complete the dissolution of the Environmental Resource Board including amendments to

laws and addressing any background material, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen

Opposed:

Daniel Guzman King

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Approve two (2) requested actions - CDC # 20-101 Museum Relocation (02:23:34)

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to approve the procedural exception to forgo Phase II of the CIP process of

routing the CDC approval package to the various entities and approve the CDC approval package for

CDC # 20-101 Museum Relocation, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Enter the e-poll results into the record regarding the granted thirty (30) day

extension to the After Action Report presentation deadline for the June 15, 2022,

storm per § 302.8-4 of the Emergency Management law (02:46:07)

Sponsor: Lisa Liggins, Secretary

Motion by David P. Jordan to enter the e-poll results into the record regarding the granted thirty (30)

day extension to the After Action Report presentation deadline for the June 15, 2022, storm per §

302.8-4 of the Emergency Management law, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

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DRAFT

Enter the e-poll results into the record regarding the approved exception to 3.6.1.

of the American Rescue Plan Act (ARPA) and Fiscal Recovery Funds (FRF) Lost

Revenue Projects SOP to allow for late submission to the FRF Program Office by

the Executive HR Director (02:46:41)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to enter the e-poll results into the record regarding the approved exception to

3.6.1. of the American Rescue Plan Act (ARPA) and Fiscal Recovery Funds (FRF) Lost Revenue

Projects SOP to allow for late submission to the FRF Program Office by the Executive HR Director,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

XIII. GENERAL TRIBAL COUNCIL

Review FY-2023 budget request and determine next steps (02:47:27)

Sponsor: Rae Skenandore, Budget Analyst

Motion by Lisa Liggins to cancel the tentative December 11, 2022, Special General Tribal Council

meeting date for presentation and action on the FY-2023 budget; to direct the Chief Financial Officer to

develop a presentation on the budget process for the FY-2023 and the content of the final budget for

the Oneida Business Committee to present to the membership because a General Tribal Council

meeting cannot be held prior to the end of calendar year 2022 as directed in the Budget and Finances

law and to direct updates on this presentation be presented to the Oneida Business Committee at the

monthly Business Committee work sessions; and to direct the Chief Financial Officer to bring back a

resolution for adoption of the budget by the Oneida Business Committee in accordance with section

121.5-4(e)(1) of the Budget and Finances law and to direct updates on the resolution be brought back

monthly to the Business Committee work session, seconded by Kirby Metoxen. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to approve the re-opening the FY-2023 draft budget to make corrections and

updates based on the directives taken at today’s meeting under agenda item XIII.A.; to direct the Chief

Financial Officer to identify an open and closing date for re-opening the budget to make modifications;

and to direct the Chief Financial Officer to provide updates at the monthly Business Committee work

session regarding the opening and closing dates, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct that the placement in grade adjustment shall be calculated based on

1% to 4% based on the actual employee positions, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

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DRAFT

Continued motions regarding item XIII.A. Review FY-2023 budget request and determine next steps:

Motion by Lisa Liggins to direct that upon re-opening of the FY-2023 budget that all new positions

previously entered shall be removed from the FY-2023 budget and the Oneida Business Committee

shall recognize that FY-2023 will likely require budget modifications in accordance with the SOP:

Employment Cap and Labor Allocations Level – Budget and Finances Law, Chapter 121, seconded by

Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, David P. Jordan, Lisa Liggins, Kirby Metoxen

Opposed:

Daniel Guzman King

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to defer the discussion regarding the vacancy aging report to the October

Business Committee work session and for the Executive HR Director to be invited at a minimum,

seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Marie Cornelius to direct the General Manager to separate the funding for CDC # 20-1010

over FY-2023 and FY-2024 and to send an updated CIP funding request to the Chief Financial Officer

for the budget modification; and to direct the Retail General Manager to present a recommendation

regarding the Retail E&EE location CIP # 19-002 project and send an updated CIP funding request to

the Chief Financial Officer for the budget modification, seconded by Lisa Liggins. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct that the COVID-19 time-off funding be reduced to $400,000 in the FY2023 budget; to direct the Executive Director of Human Resources Department to bring a

resolution to the next Oneida Business Committee meeting to authorize the paid work time for FY2023, update the COVID-19 Paid-Time Off SOP and/or resolution, and to track its use in FY-2023; and

apply the COVID-19 time off funding to grant funded positions which do not allow a paid work time

expense, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct the Executive Director of Human Resources Department to re-evaluate

the budgeted amount for merit incentive payments to more accurately reflect the potential expense and

to present this information at the October 18, 2022, Business Committee work session, seconded by

David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Motion by Lisa Liggins to direct the Chief Counsel, the Chief Financial Officer, and the Budget Analyst

to develop a resolution at the October 18, 2022, Business Committee work session that restricts the

use of carry-over funding by requiring an individual resolution authorizing amount and specific use of

carry-over funds, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 13 of 16

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DRAFT

Continued motions regarding item XIII.A. Review FY-2023 budget request and determine next steps:

Motion by Lisa Liggins to direct the Business Committee Officers and the Budget Analyst to work

together to provide a communication piece regarding today’s directives to the organization to be sent

out by Tuesday, next week, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

XIV.

EXECUTIVE SESSION

REPORTS

Accept the Chief Counsel report (04:21:00)

Sponsor: Jo Anne House, Chief Counsel

Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Accept the General Manager report

Sponsor: Mark W. Powless, General Manager

Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Accept the Intergovernmental Affairs, Communications, and Self-Governance

September 2022 report

Sponsor: Melinda J. Danforth, Director/Intergovernmental Affairs

Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Accept the Treasurer's August 2022 report

Sponsor: Larry Barton, Chief Financial Officer

Motion by Lisa Liggins to accept reports item XIV.A.1-4, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 14 of 16

September 28, 2022

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DRAFT

NEW BUSINESS

Review HRD proposal regarding Time and Attendance and determine next steps

(04:21:36)

Sponsor: Todd VanDen Heuvel, Executive HR Director

Motion by Lisa Liggins to approve the reorganization of the Time and Attendance department to report

directly under HRD as presented, effective October 2, 2022, seconded by Marie Cornelius. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Review FY-2023 wage adjustments and determine next steps

(04:22:00)

Sponsor: Todd VanDen Heuvel, Executive HR Director

Motion by Lisa Liggins to accept the discussion as information, seconded by Marie Cornelius. Motion

carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

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

Committee (04:22:24)

Sponsor: Lisa Liggins, Secretary

Motion by Lisa Liggins to accept the discussion for one (1) vacancy - Oneida Nation Veteran Affairs

Committee as information, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Approve contract - Oneida Gaming Commission Legal Services- file # 2022-0730

(04:22:53)

Sponsor: Mark A. Powless, Sr., Chair/Oneida Gaming Commission

Motion by Lisa Liggins to approve the attorney contract - Oneida Gaming Commission Legal Servicesfile # 2022-0730, seconded by Marie Cornelius. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Accept closeout report for complaint # 2022-DR08-03 (04:23:20)

Sponsor: Kristal Hill, Executive Assistant

Motion by Marie Cornelius to accept closeout report for complaint # 2022-DR08-03, seconded by

David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Kirby

Metoxen

Abstained:

Lisa Liggins

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Oneida Business Committee

Regular Meeting Minutes

Page 15 of 16

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DRAFT

XIV.

ADJOURN (04:23:48)

Motion by Lisa Liggins to adjourn at 12:56 p.m., seconded by David P. Jordan. Motion carried:

Ayes:

Marie Cornelius, Daniel Guzman King, David P. Jordan, Lisa Liggins,

Kirby Metoxen

Not Present:

Tina Danforth, Tehassi Hill, Jennifer Webster

Minutes prepared by Aliskwet Ellis, Information Management Specialist.

Minutes approved as presented on

Lisa Liggins, Secretary

ONEIDA BUSINESS COMMITTEE

Oneida Business Committee

Regular Meeting Minutes

Page 16 of 16

September 28, 2022

Public Packet

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Accept the September 21, 2022, regular Legislative Operating Committee meeting minutes

Business Committee Agenda Request

1. Meeting Date Requested:

10/12/22

2. Session:

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

Justification: Choose or type justification.

3. Requested Motion:

☒ Accept as information; OR

Accept the September 21, 2022, Legislative Operating Committee meeting minutes.

4. Areas potentially impacted or affected by this request:

☐ Finance

☐ Law Office

☐ Gaming/Retail

☒ Other: Legislative Operating

☐ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

Committee

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

Page 1 of 2

Public Packet

28 of 181

6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☒ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☐ Other: Describe

☐ Budgeted – Grant Funded

☒ Not Applicable

8. Submission:

Authorized Sponsor:

David P. Jordan, Councilman

Primary Requestor:

Clorissa N. Santiago, LRO Senior Staff Attorney

Revised: 11/15/2021

Page 2 of 2

Public Packet

29 of 181

Oneida Nation

Oneida Business Committee

Legislative Operating Committee

PO Box 365 • Oneida, WI 54155-0365

Oneida-nsn.gov

LEGISLATIVE OPERATING COMMITTEE MEETING MINUTES

Microsoft Teams

September 21, 2022

9:00 a.m.

The September 21, 2022, Legislative Operating Committee meeting was held virtually on

Microsoft Teams.

Present: David P. Jordan, Kirby Metoxen, Marie Cornelius, Jennifer Webster, Daniel Guzman

King

Others Present: Clorissa N. Santiago, Grace Elliot, Carolyn Salutz, Lawrence Barton, Rhiannon

Metoxen, Kristal Hill, Peggy Van Gheem, Carl Artman, Kelly McAndrews, Eric Boulanger

Call to Order and Approval of the Agenda

David P. Jordan called the September 21, 2022, Legislative Operating Committee meeting

to order at 9:00 a.m.

Motion by Jennifer Webster to adopt the agenda; seconded by Marie Cornelius. Motion

carried unanimously.

II.

Minutes to be Approved

1. September 7, 2022 LOC Meeting Minutes

Motion by Marie Cornelius to approve the September 7, 2022, LOC meeting minutes and

forward to the Oneida Business Committee for consideration; seconded by Jennifer

Webster. Motion carried unanimously.

III.

Current Business

1. Oneida Nation Assistance Fund Law

Motion by Jennifer Webster to accept the public comments and the public comment review

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

Cornelius. Motion carried unanimously.

IV.

New Submissions

1. Back Pay Law Amendments

Motion by Jennifer Webster to add the Back Pay Law Amendments to the Active Files List

with Marie Cornelius as the sponsor; seconded by Kirby Metoxen. Motion carried

unanimously.

Additions

Legislative Operating Committee Meeting Minutes of September 21, 2022

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VI.

Administrative Items

VII.

Executive Session

VIII. Adjourn

Motion by Marie Cornelius to adjourn at 9:06 a.m.; seconded by Jennifer Webster. Motion

carried unanimously.

Legislative Operating Committee Meeting Minutes of September 21, 2022

Page 2 of 2

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Consider the request for an ARPA FRF and Tribal Contribution Savings funded community park...

Business Committee Agenda Request

1. Meeting Date Requested:

10/12/22

2. Session:

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

Justification: Choose or type justification.

3. Requested Motion:

☐ Accept as information; OR

Approve the request of ARPA funds for improvements to Turtle Where it Ends park in

Oneida, WI, to be completed within 3 years.

4. Areas potentially impacted or affected by this request:

☒ Finance

☐ Law Office

☐ Gaming/Retail

☐ Other: Describe

☒ Programs/Services

☐ MIS

☐ Boards, Committees, or Commissions

5. Additional attendees needed for this request:

Name, Title/Entity OR Choose from List

Revised: 11/15/2021

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6. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☒ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☐ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

7. Budget Information:

☐ Budgeted – Tribal Contribution

☐ Unbudgeted

☒ Other: ARPA Federal Relief

☐ Budgeted – Grant Funded

☐ Not Applicable

8. Submission:

Authorized Sponsor:

Name, Title/Entity OR Choose from List

Primary Requestor:

Dylan Benton, Oneida Tribal Member

Revised: 11/15/2021

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Oct. 4, 2022

Dylan Benton

PO Box 123

Oneida, WI 54155

Oneida Business Committee

PO Box 365

Oneida, WI 54155

Greetings BC Members,

I’m proposing a project to improve the “Turtle Where it Ends,” community park with funds from

the ARPA Federal Relief fund. This park on Old Seymour Rd in Oneida, WI. This park needs

more amenities for tribal members and visitors. The improvements would encourage more tribal

and community members to use the park for recreation and well-being. It would also be an

attractive place for visitors, tourists, hikers and bicyclists in the areas.

I propose building a concrete parking lot for at least 10 cars, adding a driveway and improving

and re-routing the existing driveway to the parking lot, and building a medium sized shelter with

a concrete floor. Additional amenities are the purchase and placement of 7 park benches, some

picnic tables, and a standing outdoor grill near the shelter.

The estimate costs of these improvements are:

Concrete Parking Lot for 10 Cars

$75,000

Driveways from Old Seymour Rd $10,000

Medium Park Shelter

$50,000

Park Benches

$ 2,000

2 Outdoor grills

$ 800

Total

$137,800

I appreciate your consideration of this community park improvement. Feel free to contact me at

dylanbenton@live.com or 920-492-0913.

Sincerely,

Dylan Benton

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Adopt resolution entitled Obligation for Beef Discount Project Utilizing Tribal Contribution Savings

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signed by Mark W. Powless

Mark W. Powless Digitally

Date: 2022.09.22 13:34:50 -05'00'

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Adopt resolution entitled Obligation for Oneida Nation Farm Combine Utilizing Tribal Contribution Savings

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signed by Mark W. Powless

Mark W. Powless Digitally

Date: 2022.09.22 13:34:06 -05'00'

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Adopt resolution entitled Obligation for Oneida Nation Farm Office Utilizing Tribal Contribution Savings

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signed by Mark W. Powless

Mark W. Powless Digitally

Date: 2022.09.23 13:13:32 -05'00'

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Approve the travel report - Secretary Lisa Liggins - National Congress of American Indians (NCAI) Mid...

Business Committee Agenda Request

1. Meeting Date Requested:

10/12/22

2. General Information:

Session:

☒ Open

☐ Executive – must qualify under §107.4-1.

Justification: Choose reason for Executive.

3. Supporting Documents:

☐ Bylaws

☐ Contract Document(s)

☐ Correspondence

☐ Draft GTC Notice

☐ Draft GTC Packet

☐ E-poll results/back-up

☐ Other: Describe

☐ Fiscal Impact Statement

☐ Law

☐ Legal Review

☐ Minutes

☐ MOU/MOA

☐ Petition

☐ Presentation

☒ Report

☐ Resolution

☐ Rule (adoption packet)

☐ Statement of Effect

☐ Travel Documents

4. Budget Information:

☐ Budgeted

☒ Not Applicable

☐ Budgeted – Grant Funded ☐ Unbudgeted

☐ Other: Describe

5. Submission:

Authorized Sponsor:

Lisa Liggins, Secretary

Primary Requestor:

Additional Requestor:

(Name, Title/Entity)

Additional Requestor:

(Name, Title/Entity)

Submitted By:

CELLIS1

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B USINESS C OMMITTEE

T RAVEL R EPORT

Travel Report for:

Travel Event:

Lisa Liggins

National Congress of American Indians (NCAI) Mid Year

Conference & Marketplace

Travel Location:

Anchorage, AK

Departure Date:

06/12/2022

Return Date:

06/17/2022

Projected Cost:

$4,355.00

Actual Cost:

$4,321.16

Date Travel was Approved by OBC:

05/11/2022

Narrative/Background:

This four-day conference was themed "Thinking Beyond Self Determination" and

involved embarking on a new era of Nation-to-Nation engagement, including proactive

strategy development and advocacy. My focus was on the breakout sessions regarding

Violence Against Women Act 2022 (VAWA22) as it relates to our internal team’s

discussions about what retrocession could look like for the Oneida Nation. As this was

my first NCAI event, I was interested in understanding the membership, committees,

resolutions, voting and process. Overall, I learned a lot; but generally, the majority

of the discussions were targeting toward the Alaska Region.

Monday, June 13

• Breakout Session: NCAI Task Force on Violence Against Women

This session was closed to the public/press. The facilitator was the Co—Chair

of this Task Force, Dr. Juana Majel Dixon. I missed the first part of the session

due to technical issues the NCAI were experiencing during check in. Various

speakers shared tribal programs that prevent and address violence against

women in Indian Country and reviewed related national policy work.

 Breakout Session: Listening Session - Violence Against Women Act 2022: Tribal

Nation Facilitated Discussion

This session was led by the staff from Tiwahe Demonstration Project

(https://www.bia.gov/ois/tiwahe). The group reviewed various tribal

provisions that need to be implemented in VAWA22, including the Alaska Pilot

Program, the tribal VAWA Reimbursement Program, the Tribal Prisoner

Program, the Alaska Public Safety Commission, the Tribal Access Program.

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OBC Approved 03-25-2015

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Business Committee Travel Report

I wasn’t able to attend any other events that evening as I had to prepare the

materials for and schedule an emergency BC meeting on Tuesday, June 14.

Tuesday, June 14

 I did not attend any sessions in the morning. There was an emergency BC

meeting Session which was scheduled for 11:00 a.m. CT (which is 8:00 a.m.

AKT). Following the meeting I had various follow ups to complete associated

with the meeting.

 Subcommittee Meeting: Jurisdiction and Tribal Government

This was my first subcommittee meeting. There were five (5) resolutions being

considered; all but one (1) was supported to move to general assembly with no

issue. The majority of the discussion was regarding the proposed resolution #

ANC-22-003 entitled NCAI Support for Closely Monitoring Legislation Involving

Definitions of "Indian Tribes" in Light of Yellen v. Confederated Tribes of the

Chehalis Reservation et. als; the one that was ultimately tabled. Attendees

were incredibly vocal in their opposition. It was a lively discussion to say the

least; however, it was also informative and helped me understand the

dynamics within and between the tribes/villages (large and small) and the

Alaska Native Claims Settlement Act corporations.

 Subcommittee Meeting: Public Safety and Justice

This immediately followed the Jurisdiction and Tribal Government

subcommittee and tensions in the room were very high. Chairman Hill was

asked to provide an opening prior to the start which he graciously provided.

 Fellowship: Cultural Night

This event was held at the Alaska Native Heritage Center

(https://www.alaskanative.net/). There were local vendors, the center was

open to view the exhibits, samples of local foods, and outdoor exhibits which

are dotted around small pond.

Wednesday, June 15

 General Assembly

Updates and presentations as indicated in the attached agenda.

 Breakout Session: From Paper to Prosecutions: Implementing VAWA 2022

There wasn’t an agenda for this session as it was more of an open discussion.

Following this session, I was able to speak with Dr. Juana Majel Dixon, the cochair of the NCAI Task Force on Violence Against Women. She is also located in

a PL280 State and they are in the process of retrocession and used VAWA as the

catalyst to make that change. She impressed the importance of education for

everyone involved (tribal members, community/local leaders, local

municipalities). We also had a short talk about “all at once” overhaul vs

incremental/planned change.

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Business Committee Travel Report

Thursday, June 16

 General Assembly

Updates and presentations as indicated in the attached agenda. Action taken

on the final resolutions. Results posted here:

https://www.ncai.org/resolutions/2022-midyear

Item(s) Requiring Attention:

None for other areas to address; the information related to how VAWA22 can be

applied to retrocession planning will be reviewed/assessed by the team.

Requested Action:

Approve the travel report from Secretary Lisa Liggins for the National Congress

of American Indians (NCAI) Mid Year Conference & Marketplace in Anchorage,

AK – June 12-17, 2022

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2022 Mid Year Conference & Marketplace

Anchorage, Alaska

Task Force on Violence Against Native Women

Closed to Press

9:00 a.m.- 11:30 a.m., Monday, June 13, 2022

9:00 a.m. – 9:10 a.m.

Welcome, Invocation & Introductions

• Co-Chairs: Juana Majel Dixon & Shannon Holsey

9:10 a.m. – 10:00 a.m.

Sharing of Regional Highlights: Organizing for Social Change

• Updates from Tribal Nations, Tribal Coalitions, and Native Organizations

10:00 a.m. – 11:25 a.m.

What is in a Law? A Violence Against Women Act 2022 Implementation Conversation

• Establishing the VAWA Reimbursement Program

o Mary Kathryn Nagle, Policy Consultant, NIWRC

• Tribal Access Program (TAP)

o Traditional Councilwoman Juana Majel Dixon, Pauma Band of Mission

Indians

o Kelbie Kennedy, Policy Manager and Policy Lead- National Security and

Community Safety, NCAI

• The Permanent Bureau of Prisons, Tribal Prisoner Program

o Dawn Stover, Executive Director, ATCEV

• Alaska Pilot Program and the Alaska Tribal Public Safety Advisory Committee

o Michelle Demmert, Law and Policy Director, AKNWRC

o Tami Truett Jerue, Executive Director, AKNWRC

11:25 a.m. – 11:30 a.m.

Closing Remarks

• Co-Chairs: Juana Majel Dixon & Shannon Holsey

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2022 Mid Year Conference & Marketplace

Anchorage, Alaska

Violence Against Women Act 2022: Tribal Nation Facilitated Discussion

Closed to Press

Monday, June 13, 2022

3:30 p.m. – 5:00 p.m.

Room: Tik

Facilitators:

3rd Vice President Catherine Edwards, Central Council of the Tlingit and Haida Indian Tribes of

Alaska

Nikki Borchardt Campbell, Executive Director, National American Indian Court Judges

Association

1. Welcome & Short Announcements

2. Setting the Stage: VAWA 2022 Overview

a. Mary Kathryn Nagle, Policy Consultant, National Indigenous Women’s Resource

Center

3. VAWA 2022 Federal Implementation Updates

a. Allison Randall, Acting Director, Office on Violence Against Women, U.S.

Department of Justice

b. Tracy Toulou, Director, Office of Tribal Justice, U.S. Department of Justice

c. Tricia Tingle, Associate Director, Tribal Justice Support, Office of Justice

Services, U.S. Department of the Interior

4. VAWA 2022 Facilitated Discussion

5. Closing Remarks and Next Steps

6. Adjourn

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2022 Mid Year Conference & Marketplace

Anchorage, Alaska

Jurisdiction and Tribal Government Subcommittee Agenda

Tuesday, June 14, 2022

3:00 p.m. - 4:30 p.m. AKT

Subcommittee Chair:

John Echohawk, Executive Director, Native American Rights Fund

1. Welcome

2. Short Announcements

3. Consideration of Resolutions

4. New Business

5. Adjourn

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NATIONAL CONGRESS OF AMERICAN INDIANS

Resolutions Committee Recommendation

Resolution #: ANC-22-003

Original Title: NCAI Support for Closely Monitoring Legislation Involving Definitions of "Indian

Tribes" in Light of Yellen v. Confederated Tribes of the Chehalis Reservation

Proposed Title (if different): Supporting the Close Monitoring of Legistation Involving Definitions of

"Indian Tribes" in Light of Yellen v. Confederated Tribes of the Chehalis Reservation

Summary:

SUMMARY OF RESOLUTION / COMMENTS

Resolution #ANC-22-003 directs NCAI to monitor federal legislation and ensure that federal legislation defines "Indian

tribe" as found in the List Act of 1994, and that federal legislation does not define "Indian tribe" as found in the Indian

Self-Determination and Education Assistance Act, which would allow ANCs to access funding otherwise reserved to

tribal governments.

PRIOR NCAI POLICY STATEMENTS (RESOLUTIONS) RELATED TO RESOLUTION

“A resolution, once adopted, remains the policy of NCAI until withdrawn or modified by subsequent

resolution, or until it expires pursuant to its terms.”

Is there a prior NCAI resolutions duplicative in scope to this resolution?

Duplicative Resolution (if applicable):

If “Yes”, please list relevant resolutions in this box by Resolution Number.

Are there any prior NCAI resolutions related to this resolution’s topic?

Relevant Resolutions (if applicable):

Yes

☐

☒

Yes

☒

☐

PDX-20-011, NCAI Affirms Federally Recoginized Tribe List Act as Touchstone for Interior, et al., to

Determine Federally Recognized Indian Tribes, availble here:

https://www.ncai.org/attachments/Resolution_CIRMITOJiKucpyRgTHqzwgoXqdNJnEEsBuQhuMZOUPzPxmpJoXB_P

DX-20-011%20SIGNED.pdf

TECHNICAL EDITS

Technical edits may include, but are not limited to ensuring:

• Title is short, descriptive, active;

• Title and content are evergreen (e.g. generally, not about specific named piece of legislation,

but about principles to be incorporated into any piece of legislation on a given topic);

• ‘Whereas clauses’ start with the two permanent clauses about NCAI;

• All ‘whereas clauses’ end with a semicolon (“;”) followed by the word “and”, except for the

last whereas clause which ends with a period;

• ‘Resolved clauses’ contain action(s) to be taken;

• All ‘resolved clauses’ end with a semicolon (“;”) followed by the word “and”, except for the

last ‘resolve clause’ which ends with a period;

• ‘Resolved clauses’ end with the permanent clause about NCAI policy resolutions; and

• Copyedits for clarity and consistency.

Have technical edits been completed for this resolution?

Yes

☒

☐

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Notes (optional):

If there is any explanation needed for any of the technical edits, please include it here.

IN-ORDER / OUT-OF-ORDER ANALYSIS

If a resolution has a “No” in any column, it is out-of-order.

Is the sponsor a member in good standing?

Yes

☒

☐

Is the resolution “of a general nature to advocate the best

interests of all American Indians and Alaska Natives”?

☒

☐

☒

☐

☒

☐

(Resolutions not sponsored by a member in good standing are out-oforder.)

(The alternative is a resolution that “takes one side between two

conflicting tribes”, which are out-of-order.)

Is the resolution unique?

(The alternative is a resolution that is duplicative of past NCAI

Resolutions, which are out-of-order)

N/A

Resolution Status:

☒ Timely

(if “timely” and submitted at Annual Convention, check

“N/A”; otherwise, check “Yes” or “No” depending on

analysis)

☐ Late

(check “Yes” or “No” depending on analysis)

If a late resolution or Mid Year resolution or ECWS

resolution, is the resolution emergency in nature and

national in scope?

(If a timely Mid Year resolution or a timely ECWS resolution or any

late resolution is not emergency in nature and national in scope, then

it is out-of-order.)

Notes (optional):

Analysis: This resolution is similar to PDX-20-011.

☐

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OVERALL RECOMMENDATION

Choose one recommendation for the motion.

☐ Resolution is out-of-order because:

☐ resolution sponsor not a member in good standing.

☐ resolution “takes one side between two conflicting tribes”.

☐ resolution is duplicative of a prior resolution (i.e. not unique).

☐ resolution is not emergency in nature.

☐ resolution is not national in scope.

☐ Resolution is in-order but motion should be tabled.

Notes (optional):

Click or tap here to enter text.

☒ Resolution is in-order and should be considered by the following committee / subcommittee:

Committee

☐ Economic, Finance,

and Community

Development

☐ Human Resources

☐ Land and Natural

Resources

☒ Litigation and

Governance

☐ Veterans Committee

Notes (optional):

Subcommittee

☐ Economic Development, Finance, and Employment

☐ Housing

☐ Technology and Telecommunications

☐ Transportation and Infrastructure

☐ Disabilities

☐ Elders

☐ Education

☐ Health

☐ Indian Child and Family Welfare

☐ Energy and Mineral Policy

☐ Environmental Protection and Land Use

☐ Trust Lands, Natural Resources, and Agriculture

☐ Human, Religious, and Cultural Concerns

☒ Jurisdiction and Tribal Government

☐ Public Safety and Justice

☐ Taxation

☐ Tribal Gaming

This resolution is also recommended to go before the Alaska caucus delegation to get their input and feedback,

and such feedback should be consdered by the Litigation & Governance Committee when determining whether to table

the resolution or make any changes to it.

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NATIONAL CONGRESS OF AMERICAN INDIANS

The National Congress of American Indians

Resolution #ANC-22-003

Formatted: Indent: Left: 0"

E X ECUT IV E CO MMITTE E

P RESIDENT

Fawn R. Sharp

Quinault Indian Nation

1 ST V ICE P RESIDENT

Mark Macarro

Pechanga Band of Luiseño Indians

R ECORDING S ECRETARY

Stephen Roe Lewis

Gila River Indian Community

T REASURER

Shannon Holsey

Stockbridge-Munsee Band of

Mohican Indians

REGIONAL VICE

P RES IDE NT S

ALASKA

Mike Williams

Akiak Native Community (IRA)

E ASTERN O KLAHOMA

Norman Hildebrand

Wyandotte Nation

G REAT P LAINS

Harold Frazier

Cheyenne River Sioux Tribe

M IDWEST

Rebecca Crooks-Stratton

Shakopee Mdewakanton Sioux

Community

N ORTHEAST

Lance Gumbs

Shinnecock Indian Nation

N ORTHWEST

Leonard Forsman

Suquamish Tribe

P ACIFIC

Jack Potter

Redding Rancheria

R OCKY MOUNTAIN

Mark Pollock

Blackfeet Nation

S OUTHEAST

Reggie Tupponce

Upper Mattaponi Indian Tribe

S OUTHERN P LAINS

Gonzo Flores

Apache Tribe of Texas

S OUTHWEST

Joe Garcia

Ohkay Owingeh Pueblo

W ESTERN

Bernadine Burnette

Fort McDowell Yavapai Nation

CHIEF EXECUTIVE OFFICER

Dante Desiderio

Sappony

NCAI HEADQUARTERS

1516 P Street, N.W.

Washington, DC 20005

202.466.7767

202.466.7797 fax

www.ncai.org

TitleTITLE: NCAI Supporting the for Closely Monitoring of Legislation

Involving Definitions of “Indian Tribes” in Light of Yellen v. Confederated Tribes

of the Chehalis Reservation

WHEREAS, we, the members of the National Congress of American Indians

of the United States, invoking the divine blessing of the Creator upon our efforts and

purposes, in order to preserve for ourselves and our descendants the inherent sovereign

rights of our Indian nations, rights secured under Indian treaties and agreements with

the United States, and all other rights and benefits to which we are entitled under the

laws and Constitution of the United States and the United Nations Declaration on the

Rights of Indigenous Peoples, to enlighten the public toward a better understanding of

the Indian people, to preserve Indian cultural values, and otherwise promote the health,

safety and welfare of the Indian people, do hereby establish and submit the following

resolution; and

WHEREAS, the National Congress of American Indians (NCAI) was

established in 1944 and is the oldest and largest national organization of American

Indian and Alaska Native tribal governments; and

WHEREAS, there are 229 federally -recognized Indian tribes in Alaska; and

WHEREAS, these 229 federally -recognized Indian tribes in Alaska exercise

inherent sovereign authority with respect to their enrolled citizens and within their

reservations and trust lands; and

WHEREAS, these 229 federally -recognized Indian tribes in Alaska are the

only entities that exercise such sovereign governmental authority on behalf of Alaska

Natives; and

WHEREAS, as part of the Alaska Native Claims Settlement Act of 1971,

Congress required the formation of private corporations, known as Alaska Native

Corporations (ANCs), to receive money and hold land as part of Congress’s

extinguishment of aboriginal title in Alaska; and

WHEREAS, ANCs are not tribal governments and have no governmental

authority with respect to any Alaska Native; and

WHEREAS, in 1978, Congress enacted the Indian Self-Determination and

Education Assistance Act (ISDEAA) to support tribal governments in their provision

of governmental services to their citizens; and

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NCAI 2022 Mid Year Conference

Resolution ANC-22-003

WHEREAS, in 2021, Congress enacted the Coronavirus Aid, Relief, and Economic Security

Act (CARES Act) to, amongst other things, provide funding for tribal governments to help support

their governmental services in response to the COVID-19 pandemic; and

WHEREAS, Congress defined eligible “Tribal governments” in the CARES Act to be the

governing authorities of “Indian tribes” as defined in ISDEAA; and

WHEREAS, ANCs claimed that they were “Indian tribes” as defined by ISDEAA and,

therefore, qualified as Ttribal governments entitled to CARES Act relief; and

WHEREAS, the Secretary of the Treasury decided that ANCs met those the ISDEAA

definition of “Indian tribe”s and could receive tens of millions of CARES Act funds; and

WHEREAS, contrary to arguments made by federally -recognized Indian tribes from Alaska

and the lower- 48 states, NCAI, and other national tribal organizations, a divided Supreme Court

affirmed the decision of the Secretary of the Treasury in the case of Yellen v. Confederated Tribes of

the Chehalis Reservation, et. Als. (Chehalis); and

WHEREAS, as a result of the Chehalis decision, ANCs have taken the position that they are

entitled to be treated as “Indian tribes” for federal programs that apply the ISDEAA definition of

“Indian tribe” and to thereby obtain federal funds and other benefits; and

WHEREAS, it is of great concern to federally-recognized Indian tribes in Alaska and

elsewhere that Congress not adopt the ISDEAA definition of “Indian tribe” for programs intended to

benefit sovereign tribal governments because funds intended for tribal governments could then flow

to ANCs and deprive sovereign tribal governments of badly needed federal fundings.

NOW THEREFORE BE IT RESOLVED, that the National Congress of American Indians

(NCAI) supports any and all efforts to monitor federal legislation intended to benefit federally

recognized Indian tribes to ensure Congress does not inadvertently adopt the ISDEAA definition of

“Indian tribe” to describe the entities eligible to participate in such programs, but instead, clarify that

the entities entitled to participate are limited to federally -recognized Indian tribes; and

BE IT FINALLY RESOLVED, that this resolution shall be the policy of NCAI until it is

withdrawn or modified by subsequent resolution.

2 of 3

Formatted: Font: Italic

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NCAI 2022 Mid Year Conference

Resolution ANC-22-003

CERTIFICATION

The foregoing resolution was adopted by the General Assembly at the Mid Year Conference of the

National Congress of American Indians, held in Anchorage, Alaska from June 12-16, 2022 with a

quorum present.

Fawn Sharp, President

ATTEST:

Stephen Roe Lewis, Recording Secretary

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NATIONAL CONGRESS OF AMERICAN INDIANS

The National Congress of American Indians

Resolution #ANC-22-003

EXECUTIVE COMMITTEE

P RESIDENT

Fawn R. Sharp

Quinault Indian Nation

1 ST V ICE P RESIDENT

Mark Macarro

Pechanga Band of Luiseño Indians

R ECORDING S ECRETARY

Stephen Roe Lewis

Gila River Indian Community

T REASURER

Shannon Holsey

Stockbridge-Munsee Band of

Mohican Indians

R E G I O N AL V I C E

PRESIDENTS

ALASKA

Mike Williams

Akiak Native Community (IRA)

E ASTERN O KLAHOMA

Norman Hildebrand

Wyandotte Nation

G REAT P LAINS

Harold Frazier

Cheyenne River Sioux Tribe

M IDWEST

Rebecca Crooks-Stratton

Shakopee Mdewakanton Sioux

Community

N ORTHEAST

Lance Gumbs

Shinnecock Indian Nation

N ORTHWEST

Leonard Forsman

Suquamish Tribe

P ACIFIC

Jack Potter

Redding Rancheria

R OCKY M OUNTAIN

Mark Pollock

Blackfeet Nation

S OUTHEAST

Reggie Tupponce

Upper Mattaponi Indian Tribe

S OUTHERN P LAINS

Gonzo Flores

Apache Tribe of Texas

S OUTHWEST

Joe Garcia

Ohkay Owingeh Pueblo

W ESTERN

Bernadine Burnette

Fort McDowell Yavapai Nation

CHIEF EXECUTIVE OFFICER

Dante Desiderio

Sappony

NCAI HEADQUARTERS

1516 P Street, N.W.

Washington, DC 20005

202.466.7767

202.466.7797 fax

www.ncai.org

Title: NCAI Support for Closely Monitoring Legislation Involving Definitions of

“Indian Tribes” in Light of Yellen v. Confederated Tribes of the Chehalis

Reservation